THE 1338TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 1, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:02 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.
Prayer was offered by Roy Yoder of the Amish Church.
Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting October 18, 2010.
Mr. Orr made a motion to approve Council Minutes from Regular Meeting October 18, 2010.
Mr. Bischoff seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll reminded everyone to vote on November 2, 2010 and City Hall will be closed. The Mayor also announced that Steve Lauer, of the Fire Department was not going to be at the meeting tonight. The city will be doing leaf pick-up again this year on the week of the 8th of November 2010.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams reported a meeting is scheduled for Friday with Steve Schnackenberg of the Funeral Home. Mrs. Williams also stated that she had understood that Vicky had some response back on the second letter from Health and Human Services on the Splash Pad issue. Vicky Lawrence stated that there will be some changes and the person Vicky spoke with made it clear that the city needs them to regulate us. Mrs. Williams stated that the city did get a grant for $1,500 for playground equipment from the Lincoln County Foundation.
Fire; Fire Chief, Tom Wood reported that they also got a grant from Lincoln County Development for the Fireman’s Memorial Statue. Chief Wood said that Assistant Fire Chief, Bill Watt was hurt on the job at Rural Fire and was put on total disability. Tom stated that Bill was the computer person and he still hasn’t been able to get into the computer and get the information for a report. Chief Wood asked if the council had time to look at the area for the placement of the Fireman’s Memorial Statue. Mayor Roll stated that it would be put on the next agenda. Mayor Roll also announced that the Fire Suppression is a burden on the businesses and it is being looked into to find a more cost effective way of billing for it.
Resolutions/Ordinances; None
Personnel; Mr. Bischoff reported that the Personnel Committee met and filled the vacancy half time position in the front office and that Jessica Obrecht was the new employee.
Building; Mrs. Lawrence reported that she had done some research on selling the city owned house on Utah and that Mr. Orr pointed out that public property has to be sold in a specific way. Mrs. Lawrence contacted the family that was interested in purchasing the house and let them know that selling was not an option at this time.
Water/Sewer; Mrs. Benson stated she asked Jim Hammons to call local plumbing service to find out about getting local businesses to do service and maintenance on the grinder pumps. Mrs. Benson reported they would be meeting later this week.
Budget/Finance; None
Police; None
Lights/Streets/Sidewalks; None
Finance Report; The City Clerk reported that she had started the reconciling for September 2010 and was still working on the closing reports and draw requests for the Cabinet Heights Project.
City Administrators Report; City Administrator Jim Hammons reported they were still waiting for the results from the core samples at Flower Creek Dam. Mr. Orr asked about the water system problem. Jim Hammons stated DEQ had some concerns about raw water cross contamination with the treated water. Mr. Hammons stated there is a valve in place that was approved by DEQ in the past but is no longer approved. DEQ would like an airbrake in the line. After talking to Ryan Jones of Morrison-Maierle and Walt McElmurry, Water Supervisor a letter was sent off to DEQ with construction plans outlining the location and details of a new riser pipe assembly that will prevent any cross contamination of treated water from the plant.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
There was no Public comment
UNFINISHED BUSINESS
Steve Lauer, 100th anniversary Fire Department; was cancelled
Growth Policy Approval
Mrs. Williams made a motion to approve the Growth Policy.
Mrs. Lawrence seconded the motion.
Mr. Orr stated that it was his understanding that this was an advisory document and that it really doesn’t have any force.
Kristin Smith, Lincoln County Planner answered yes it was a guiding policy only, a vision of how the community might look 20 years from now.
Motion Passed
Resolution # 1752, street abandonment Washington Avenue; Mrs. Williams and Mrs. Lawrence stated they were not ready to vote on the street abandonment.
Mr. Bischoff made a motion to postpone Resolution # 1752 until the next meeting.
Mr. Orr seconded the motion.
Motion Passed
NEW BUSINESS
Pam Lance, chairperson for the Avid Gardeners came before the council and asked permission to use the Ponderosa Room for their meetings. Mayor Roll put it in the Building Committee and stated it would be put on the next agenda. Susan King of the Avid Gardeners gave a report on the triangle that the Avid Gardeners are landscaping and brought pictures for the council to see.
Handicap parking on 6th Street; Mrs. Desch stated she had talked to Corky Pape, Street Supervisor and he did not see a problem putting a handicapped parking place there.
Mrs. Lawrence made a motion to approved a handicapped parking place on 6th Street by Dr. Newman’s office.
Mrs. Desch seconded the motion.
Motion Passed
Paving on 6th and Main by Kootenai Paving approval of in kind services of up to $13,000 of the cost to go to Kootenai Paving loan owed to the City of Libby;
Mr. Bischoff made a motion to approve the in kind services of up to $13,000 to go toward the Kootenai Paving Loan.
Mrs. Benson seconded the motion.
Motion Passed
Street Closure for Parade of Lights to be held on December 3rd, 2010 on Mineral Avenue and part of Lincoln Blvd. from 5:45-8:00pm;
Mrs. Lawrence made a motion to approve the Street Closure for the Parade of Lights.
Mr. Orr seconded the motion.
Motion Passed
COUNCIL ACTION/DISCUSSION
Cabinet Heights sewer hook-up letter & check from the Thompson’s; Mrs. Williams stated she believed this should go to committee to see if it is a valid request and stated from her perspective it needs to be paid in full and then if they request is valid we would reimburse them for their damage. Mrs. Lawrence stated the Thompson’s should pay the total hook-up fee of $500. Mr. Orr stated this had to do with Edstrom Construction and believes they should pay the full amount. Mrs. Benson, Mrs. Desch and Mr. Bischoff agreed with the other council members. Mayor Roll recommended writing a letter to the Thompson’s requesting the full hook-up payment.
Approval of Business Licenses received to date; Mayor Roll put the Healing Center Business License into the Resolution and Ordinance Committee. Valerie Souther and Denise Purdy-Patrick owners of the Rivermist spoke to the council about the Healing Center located next door to their business. They stated that they have heard that some people think the Rivermist is selling Marijuana and are concerned about their business being thought of as a Medical Marijuana store. They believe a more appropriate place is needed to administer Medical Marijuana. Jerry Bennett of 784 Taylor Rd stated that some cities have a moratorium in place until they see what the Legislature will decide with the Medical Marijuana Issue and suggested if the legislature was unable to pass restrictions on the medical marijuana law that every voter should get out there and repeal this. Mrs. Williams brought up a Business License that has been in the approval packet for months waiting for a variance and wanted to do something about it. It was decided that a letter would be written by the Clerk stating that the business had until December 6th meeting to come before the council with their variance request or lose their business License.
Mrs. Williams made a motion to approve Business Licenses received to date.
Mr. Orr seconded the motion.
Motion Passed
Approval of Payroll and Claims for October 2010.
Mrs. Williams made a motion to approved Payroll and Claims for October 2010.
Mr. Bischoff seconded the motion.
Motion Passed
Flower Creek Dam expense;
Mrs. Benson made a motion to pay for the Flower Creek Dam Expense out of the I P money.
Mrs. Lawrence seconded the motion.
Motion Passed
HEAR THE PUBLIC
Bill Cunane of 62 Michigan let the council know that the Lincoln County Amateur Radio Group would be acting as Special Event Stations from their homes for 2 weeks during the 100th Anniversary of the Fire Department Special Events.
Deanna Kehn of 196 Scenery Road, Libby wanted to thank the city for their help in getting the roads paved during the Cabinet Heights Sewer Project.
Alan Olsen of 33692 Hwy 2, Libby told the council that he only got the first page of the DNRC report he asked for and wanted to know if he could get the other pages. Mayor Roll told Alan that he thought he had all the pages and would get a copy to him.
Tom Wood Fire Chief; told the council that he encouraged sprinkler (fire) systems in city businesses but would like to see a use fee instead of a monthly fee.
ADJOURNMENT
Meeting was adjourned at 8:12 pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
PUBLIC HEARING MONDAY, NOVEMBER 15, 2010 @ 6:15PM IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:20pm.
There was no Public comment on the on Ordinance # 1761, Establishing Cemetery Rates through Resolution.
The meeting was adjourned at 6:20pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
PUBLIC HEARING MONDAY, NOVEMBER 15, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:30pm.
There was no Public comment on the on Ordinance # 1762, Bow and Arrow Hunting in the City Limits.
The meeting was adjourned at 6:30pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
THE 1339TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 15, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons, City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook, were also present. Mrs. Williams was absent
There was no one present to offer prayer.
Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting November 1, 2010 and Working Committee Meeting October 25, 2010.
Mr. Orr made a motion to approve Council Minutes from Regular Meeting November 1, 2010 and Working Committee Meeting October 25, 2010.
Mrs. Lawrence seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that we received a letter from the Western Governors Association concerning Biomass. Mayor Roll stated the EPA is trying to regulate it as a fossil fuel and the association would like some help changing EPA’s mind.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; None
Water/Sewer; Mrs. Benson stated that the committee is still meeting with plumbing businesses to obtain local service & maintenance for the homeowners with grinder pumps. Tony Rebo and a couple other hospital staff met with the committee and gave an update on the new hospital and discussed what the city’s involvement will be. The hospital will keep us informed of their progress. Ryan Jones of Morrison- Maierle met with the water/sewer committee to give an update on the Flower Creek Dam Project.
Budget/Finance; None
Police; None
Lights/Streets/Sidewalks; None
Finance Report; The Clerk reported that she was working on October 2010 reconciliation, that the Business Licenses were ready to go out and she brought a couple of lists for the council to look at. Mrs. Hook said she had been working on the close out for the Cabinet Heights Project. Mrs. Hook said she would be working on getting information on GASB 45 for the auditor and getting the Liquor Licenses out as well as the gaming permits.
City Administrators Report; City Administrator Jim Hammons spoke about the flyer that was in the council packets that talked about hydrant markers to keep them from getting ran into and broken.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
There was no public comment
UNFINISHED BUSINESS
Fireman’s Memorial Statue area for placement; Rozanne Escadero of 190 Rustic, Libby, spoke for the Chamber of Commerce stating the Chamber was excited about the Fireman’s Memorial Statue but would like to see it put in a different area other than the corner in front of the Chamber. Ms. Escadero stated with the cover that is proposed over the statue it would block the Chamber offices, could present a visual clutter to a well kept entry to the city and be a potential concern to the safety of traveling motorists. Mayor Roll suggested that if it did not have a cover it would not block anything. Tom Wood, Fire Chief spoke to the council about the letter from the Chamber that states they were not talked to about the placement of the Statue and wanted the council to know that he had spoken to the Chamber several times and they didn’t have a problem with the placement. Kristin Smith of 1523 Dakota, Libby, stated the structure was the biggest concern. After, further discussion
Mr. Orr made a motion to approve the location moved up to 5 foot to the West.
Mr. Bischoff seconded the motion.
Motion Passed
Resolution 1752, Washington Avenue Street Abandonment;
Mr. Bischoff made a motion to approve Resolution 1752.
Mrs. Lawrence seconded the motion.
Motion Passed
Helping Center Business License; Mayor Roll stated that the portion of our Business License Ordinance that speaks of Federal Law was the issue. Mayor Roll stated that the council has already approved the business license for the Helping Center and if the council wants to revoke the license that the Helping Center has the right to be heard. It is the Mayor’s opinion that we should hold off any decisions until a meeting with the Helping Center can be held. Ronnie McDowell-Rowen from Kalispell came forward to talk to the council. Mrs. Rowen stated that she was co-director of the Helping Centers located in Big fork, Columbia Falls, Libby and Kalispell. Mrs. Rowen stated there was no growing on the premises and they followed the state initiative. Mrs. Rowen also stated everything is locked up in the evenings. Kevin Moore is co-director of the Helping Center in Libby. Mr. Bischoff stated that the only conversation he had was about a two minute conversation with Kevin Moore. Mrs. Benson stated that Scott Curry brought Kevin Moore into the courthouse and she told them that what they were presenting to her they needed to contact the council and mayor about. After further discussion the mayor asked if the council wanted to table this until further investigation as to whether they want to revoke the business license. Mr. Bischoff stated he thought the council should do two things. The first being to write a letter to the business and set up a meeting date to hear their side and also work on amending our zoning in the ordinances to an area that the council feels suitable for this kind of business to be located. Mayor Roll stated we could not locate them anywhere because of the Federal Issue of Marijuana being illegal stated in our ordinance. Mr. Bischoff stated that there would be three things for the council to look into.
Mr. Bischoff made a motion to send a letter to this organization to have a discussion about suspending their business license.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Hammons will write the letter.
Ordinance 1761 cemetery fees through resolution;
Mr. Orr made a motion to accept Ordinance 1761.
Mrs. Lawrence seconded the motion.
Motion Passed
Ordinance 1762 bow & arrow hunting in the city limits;
Mrs. Lawrence made a motion to approved Ordinance 1762.
Mr. Bischoff seconded the motion.
Motion Passed with Mr. Orr voting nay.
NEW BUSINESS
Resolution 1764 relating to sewer system revenue bond;
Mr. Bischoff made a motion to adopt Resolution 1764.
Mrs. Desch seconded the motion.
Mrs. Lawrence voted yes.
Mr. Orr voted no.
Mrs. Benson voted yes.
Mrs. Desch voted yes.
Mr. Bischoff voted yes.
Motion Passed
COUNCIL ACTION/DISCUSSION
Cabinet Heights final draw request;
Mr. Orr made a motion to approve the final draw request for Cabinet Heights Request.
Mrs. Benson seconded the motion.
Motion Passed
ADJOURNMENT
Meeting was adjourned at 8:01 pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING NOVEMBER 16, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 6.00pm by Mayor Roll. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mr. Orr and Mr. Bischoff were present. City Clerk-Treasurer, Glena Hook was also present. Mrs. Desch was absent.
Gene Chapell, Dan Rohrer and Kari Martell were present from Cabinet Heights Country Club.
Mayor Roll stated that we were here because council was wondering about payment schedule for the loan to Cabinet Heights Country Club and what we are going to do about payment. According to agreement payment was suppose to start in January 2010. We didn’t really push anything because it was not ready to go. There were some issues about the sewer and the sewer is there now. Mayor Roll said he would just open it up for discussion.
Dan Rohrer stated that the sewer wasn’t there and now it is so it was an impossibility to sell lots before the sewer was in this fall. As it is set up the source of the repayment is through the sale of lots, which we have not even started simply because there was no sense in pursuing it until the sewer was in place. Dan Rohrer said he realized that it says we are to start payments as of January 2010 but that was with the understanding that sewer was to be there before then.
Mayor Roll stated that he called Scott Spencer and he recalled that everyone thought they could start selling lots right off the bat and thought at that time that they might be able to pay off the loan before 2010. The January 2010 date was put on to have some kind of starting date. There is no payment schedule at this time. Mayor Roll said he did not think it was strictly based on lot sales.
Gene Chapell stated that as he remembered it was based on lot sales.
Mayor Roll said he was getting different stories from people that were there and the payments were to start January 2010. Mayor Roll said you have got an 18 hole golf course and if you don’t sell any lots you won’t have to pay the loan back by your definition. That was the reason to put a date on it so that would not occur.
Gene Chapell stated that they were told the sewer was going to be there soon and they couldn’t sale lots without the sewer being there. Gene Chapell stated the whole thing was based on the sewer coming in soon, but it didn’t.
Mr. Bischoff asked if they went through with a preliminary plat and got it approved.
Dan Rohrer and Gene Chapell answered yes it is all done. Dan Rohrer said we got our ducks in a row right away.
Mr. Bischoff asked if they filed preliminary plat with the county and Dan and Gene answered yes.
Mrs. Williams asked what it was called because she went to the county today to check and the county couldn’t find anything on it, so she was wondering if the Country Club called it something else other than what she has on the copy of what is called phase II.
Dan Rohrer said we have a plat and what paper trail it has we don’t know. We discontinued pursuing it when we didn’t have a sewer, you can’t finalize anything until you have a sewer.
Mrs. Williams stated you started this in 2007, but when I checked today the county did not have anything with this title so I am asking if you called it something else.
Dan Rohrer said I don’t know I wasn’t on the board then. So your question is do we have a plat.
Mrs. Williams answered no, a subdivision with preliminary approval is what I am after.
Mr. Bischoff stated that usually you do that before and get it all approved through the county for a preliminary approval and then when the sewer comes in you file for final approval.
Gene Chapell said the plat was made up with the sewer in mind.
Mr. Orr stated that Scott Spencer wrote in a letter to the council that city sewer could not be a condition for approval. Mr. Orr stated that he saw in the plan that the county club had researched on site systems and community systems and there was talk about getting grants to go ahead with that. Mr. Orr stated you do have city sewer now so that should streamline preliminary approval if there is not preliminary approval yet. Mr. Orr stated that Scott Spencer stated that if it was contingent on city sewer that would make the city in business with the country club and that would not be proper.
Dan Rohrer stated that since the sewer was late they have just waited and the sewer was not done until late in the fall and stated that if the sewer was done in a timely fashion they had three different buyers interested in the property. They all backed out because the sewer took so long to come in. Dan Rohrer stated that he still had not signed off on the check list and it was his understanding that he was suppose to when everything that was suppose, to be completed was by the contractor. Dan Rohrer said until the punch list is done and everyone has signed off the sewer really isn’t done.
Mayor Roll said he would check with Ryan Jones of Morrison-Maierle. Mayor Roll said he believes the official punch list form Rural Development is done.
Mr. Orr stated that the main thing he was concerned about was that this was all done on November 18, 2004 and he wanted to make sure that some time limits did not slip by. That if we are allowing this to go through the deadline that we weren’t going to lose the agreement.
Gene Chapell stated they could not sell a lot without paying the city no matter when.
Dan Rohrer said there have been no sales.
Mayor Roll stated that was not an issue that we were just trying to get together and see what we can get done.
Dan Rohrer stated that at this time if you talked to a realtor you couldn’t sell a lot the way the market is. Dan Rohrer stated he believed the economy will come back and when it does they will be able to sell and believes that would be the only time that would be wise to go forward.
Mr. Bischoff asked if they were going to move forward with getting the plan filed.
Dan Rohrer said there was no way to do that until the sewer was in and that was about a month ago. Dan Rohrer asked that since they haven’t started payment and it was suppose to be January 1, 2010, were the city council expecting some kind of payment even if it is a token payment.
Mr. Orr stated he did not think they had discussed it.
Dan Rohrer stated because it is in the contract and they don’t want to default on the contract.
Vicky Lawrence stated in the Cabinet View Country Club business plan it was stated that 10% of the lots would be sold immediately to members of Cabinet View Country Club.
Dan Rohrer stated that was when they were told the sewer would be done immediately also. He said there was interest but no commitment.
Gene Chapell stated if the sewer would have been put in a timely manner they would have had buyers, but because of the timing that did not happen.
Mayor Roll stated you asked about a token payment of some sort and that would be a council decision.
Dan Rohrer stated the only thing he was concerned about was being in default, if they made no payment in 2010 would they be at risk of default.
Mayor Roll stated his worry was the public that they had to answer to. The public has brought up a number of times, where did the money go. Mayor Roll stated that it might be a way to go, some sort of token payment because if the public pushes it will become a problem.
Dan Rohrer said he was concerned about where we go from here. Dan Rohrer asked if there was a complete documentation of where the $8,000,000 has gone up to this point.
City Clerk Treasurer Glena Hook stated there was complete documentation that she could print out of the city software that shows where every penny has went.
Dan Rohrer asked if it showed the payment schedules and the payments also.
Glena Hook answered no, the payment schedule is a complete different thing. Glena Hook ran a list for Cabinet Heights Country Club on what loans were outstanding in the ED Fund.
The Mayor asked the council if they wanted to think this over and come back with a recommendation.
Mr. Orr commented that he did not think they could make a decision tonight.
Mr. Bischoff stated that they should get back together sometime after the first of the year after the holidays are over.
Mrs. Lawrence didn’t know if that would work because if a payment wasn’t made in 2010 would they might be in default.
Dan Rohrer stated they would make a payment in 2010 and then if the council wanted to wait until the new year to work out the rest they would not be in default.
Mayor Roll stated the council would come up with something in the coming weeks as to which direction they want to go.
Peggy Williams asked the Cabinet View Country Club to please check with the planning office.
Mr. Orr stated there was no reason to move ahead with preliminary approval unless you sell to a developer.
Mayor Roll asked if the council had anymore question.
Meeting ended at 7:38pm
_______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
SPECIAL COUNCIL MEETING NOVEMBER 18, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 6.00pm by Mayor Roll who led the pledge of allegiance. Mrs. Williams, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.
Mayor Roll announced that the meeting tonight was going to be on the River Front Park. The Mayor asked Chris Noble of Noble Excavating to come down and explain the numbers and where they came from and how they came up with them. Mayor Roll said he called Rebecca Thomas of the EPA before September 22, 2010 and explain to her that he would like to present council with some sort of figures that they could work with on the River Front Park. That is when she sent the first figures dated September 22, 2010. When I got the figures I asked Chris Noble to take a look at them and see what they had. Chris noted several things that were off. I then called Rebecca again and gave her Chris’s opinion and she tried to re-work the numbers again and that is where the 2nd summary dated September 29, 2010 came from. It did not come out much better so we got a little conference call going and from there got the third summary dated October 4, 2010. One number that has confused everybody is $47.53 number for the top soil. Rebecca did not know there that came from and we don’t either. The original number that came on the first summary was $24.25 and that was wrong because Chris Noble sales it to the contractors for $31.00. The only thing the mayor figured was that it might be the contractors mark up but was not for sure. The mayor feels we need to find out where the $47.53 figure actually comes from. The mayor stated that he doesn’t think the number we are looking for is the cost that Chris Noble sells to the contractors but the number after markup. Mayor Roll stated that to explain what he is talking about was that the city is looking for numbers that would reflect the true cost to EPA to do the work.
Chris Noble explained that what he was trying to do was give the city some numbers to work with that reflected what his calculations came up to. Mr. Noble told the council that the numbers he calculated were from the costs of the topsoil and the crushed gravel or common fill. Chris Noble then explained to the council how he came up with the numbers. Mr. Noble told the council he was only giving them information on what he would sell it for and what the council chose to do with it was up to them.
Mr. Orr brought up the drainage problem and said it was EPA’s responsibility for the engineering.
Mayor Roll stated that EPA will level the site and drainage will come into it. Mayor Roll said that Mr. Orr brought up a good point with the drainage issue and that would have to be worked in on the clean-up plan.
Mr. Orr stated that when they clean-up a portion of the park they left us a mess and he doesn’t believe it should be our responsibility.
Mayor Roll agreed and stated when they do the clean-up they should figure the drainage in at that point with our plan for the park in mind.
Mr. Orr said they would have to do the drainage before we come in with the 6 inches of top soil.
Mayor Roll said that is exactly right. The Mayor stated at least we have a start and if the council thought of anything else needed it could be addressed.
Mr. Orr stated that EPA had put out another plan that he had picked up at the EPA office. The rest of the council and mayor stated they had not seen that plan. Mr. Orr asked if all was aware that this was part of the investigation. The Mayor answered that he had heard that. Mr. Orr stated that maybe you guys shouldn’t be speaking especially in a public setting. Mayor Roll stated he had nothing to hide. Chris Noble asked if there was an investigation on him. Mr. Orr stated that there was an investigation on these three documents and Mr. Noble’s handwriting was on the documents. Chris Noble asked Mr. Orr if he saw anything incorrect on the documents. Mr. Orr replied yes. Mr. Bischoff asked Mr. Orr want he saw that was incorrect. Mr. Orr stated that there was definitely incorrect numbers on the document and it would come out in the investigation. The mayor stated to Mr. Orr that we were here to go over what Chris Noble and he did with the plan but not to argue about it. Mr. Orr disagreed with the mayor.
Mrs. Williams asked if EPA was going to move the road. The Mayor answered no, that it was part of the City’s plan to move the road.
Mayor Roll stated that there was a misconception that Mr. Noble wanted the road moved and that was not accurate. Burlington Northern came to Mr. Noble and stated they wanted to close the Pamida crossing and it was BN who wanted to move the road.
Bill Bischoff stated he thought it was a good starting point and he would like to see the EPA’s figures if they actually did the work themselves how much would it cost, because he did not feel the figures they had were accurate.
Mr. Orr said what Mr. Bischoff was asking for was in the feasibility study. Mr. Bischoff asked if Mr. Orr recalled how much is was. Mr. Orr answered 4 million dollars. Mr. Bischoff stated that it was a big difference. Mr. Orr stated that is why he has never been comfortable with it and they were trying to pull a fast one. Mr. Orr stated they were offering us a quarter million on a four million dollar job. Mr. Orr stated that he did not feel we were getting enough coverage. Mayor Roll stated that is why we are here to talk about this. Mayor Roll stated that when the EPA comes up with their plan if they are not going deep enough we can, not accept their plan. Mayor Roll stated that they needed to keep working on this and try to get some proper figures and stated he needed to look at the four million on the remedial because that would be for the site and for the whole thing not just for what we are going to do. Mayor Roll stated we should bring the remedial action plan in and take a look at it.
Mr. Orr stated we need to be a step ahead instead of a step behind. Mr. Orr said Rebecca Thomas is going to try and lowball this as much as possible and that it is a four million dollar project and she has it whittled down to a quarter of a million and that is in her best interest.
Mayor Roll answered unless we see what she has got I don’t know what we can do.
Mr. Orr said what she has is what is in the feasibility study. Mr. Orr said none of us were privy to the three remedial action plan responses. Mayor Roll asked if Mr. Orr was talking about what him and Chris Noble was working on. Mr. Orr said yes. Mayor Roll said that is why we are here to talk about it tonight. Mr. Orr said we should have gotten together before these ever got out because these are bogus. Mayor Roll stated that it was simply a plan brought to the council to look over and change or add something if needed. Mr. Orr felt the mayor had been negotiating without council approval. Mr. Bischoff stated he did not feel the mayor has been negotiating, but had given us some starting figures that EPA threw at us and the mayor was trying to determine if they were accurate or not. Mr. Bischoff said that Mr. Orr had the same opportunity and could set down with the figures and say they were not accurate. Mr. Orr said he has. Mr. Bischoff asked why, he didn’t bring it forward to the council. Mr. Orr stated because he took it to the investigators.
Mr. Orr made a motion that going forward the entire council be involved in any negotiations with EPA.
Mr. Bischoff stated that he did not think the Mayor was negotiating but trying to get information for the council.
Mayor Roll stated the motion would not go forward.
Mayor Roll stated he was ready to close the meeting. The meeting was adjourned at 7:45pm.
_______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer