THE 1330th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JULY 6, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:03 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke, were also present.
Tony Shaw of the Baptist Church offered prayer.
Mayor Roll asked for the Approval of the Council Minutes from the Special Meeting June 21, 2010 and Regular Meeting June 21, 2010.
Mr. Orr made a motion to approve the minutes for Special Meeting and Regular Meeting June 21, 2010.
Mr. Bischoff seconded the motion.
Motion Passed
Ryan Jones from Morrison-Maierle spoke to the council on the Cabinet Heights Project. Ryan reported that the surfacing was completed on July 5th and that Edstrom Construction has been notified that it is not acceptable. They will be given a opportunity to remedy the deficiencies if it is still not acceptable payment will be withheld. Ryan stated that there is still a lot of clean-up work that needs to be done and that Edstrom is aware of the work that still needs to be done.
ANNOUNCEMENTS
Mayor Roll announced that the Wednesday morning breakfast would be moved to the Venture Inn starting Wednesday, July 14, 2010 7:00am. Mayor Roll also announced that St. Johns Hospital has put in a request for a CDBG Grant from the City.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams announced the Planning Board Open House was last week and they had good attendance and that the next meeting is July 28th 2010 at 6:00pm. Mrs. Williams also announced that the Animal Control was not having any success catching the rabbits.
Fire; None
Resolutions/Ordinances; Mrs. Williams announced that the committee recommends banning all hunting inside the city limits unless organized by Fish, Wildlife and Parks.
Personnel; None
Building; Mrs. Lawrence read the recommendation from the committee to the Council as follows; We recommend that we send citations to all businesses not having paid licenses as of July 6, 2010. We further recommend that the City continue sending out first letters to all known businesses in November a second letter in February and a citation to non-complying businesses by April 1. We further recommend that there be no exception for late payment for seasonal businesses.
Water/Sewer; Mrs. Benson reported that there was a review meeting for Phase I on July 1st and they are going to be submitting the plan to DEQ for the whole project by July 16th and DEQ has 60 days to review and approve or submit comment. The plan is for bids to go out early or mid-September. November 1st is the anticipated construction start-up date.
Lights/Streets/Sidewalks; None.
Budget/Finance; None
Police: None
City Administrator Report: City Administrator, Jim Hammons gave a report to the City Council. Mr. Hammons stated the Feeback’s were asking for a reduction in their water bill due to a break in the pipes of their rental. This will be put on the next agenda. Mr. Hammons also spoke to the council about the Flower Creek Dam and went through some of the needed improvements. Mr. Hammons stated the Thomas Street Project was finished and 5% of the final payment to the contractor was being held until the Street was put back to its original state. Council Member Lawrence asked about the comment that Mr. Hammons had made in his written report that some water customers had found a clever way for getting non-metered water and asked if this was vandalism to city property. Mr. Hammons answered that it was and that there is a policy that the city has in place that if someone is tampering with the water meter in order to get water without paying they could be fined.
Finance Report; None
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
Terry Kelley of Cabinet Heights speaking for the Archery Club said she would like to comment but wanted to know which way the Council was going to go on the Ordinance concerning Archery. Mayor Roll stated the recommendation was to change the ordinance to no hunting with bows in the City.
UNFINISHED BUSINESS
Archery Club Ordinance;
Mrs. Benson made a motion to accept the recommendation of the Ordinance Committee prohibiting hunting with a bow in the city limits.
Mrs. Lawrence seconded the motion.
Mr. Orr commented that he thinks it is redundant and that it is already addresses in the State Law. Mayor Roll stated that it really isn’t addressed in the State Law. Mr. Orr did not agree and stated that you can hunt with a bow in the City per State Law. Mr. Orr stated he wanted it on record that he feels it is redundant and that it is adequately addressed in the State Law already. Mr. Bischoff disagreed and stated that there is not an adequate law that addresses hunting in the City Limits and that the Archers themselves agreed that bow hunting should not be legal within the City Limits. Mr. Bischoff also stated that the Archery Club made a good point and that they had met with the Archery Club twice concerning practicing Archery in the City Limits in their back yards with targets.
Motion Passed
Finalize Union Agreement; Mayor Roll read though the Union Agreement requests.
Mr. Orr made a motion to accept the Union Agreement as amended.
Mr. Bischoff seconded the motion.
Motion Passed.
NEW BUSINESS
COUNCIL ACTION/DISCUSSION
Cabinet Heights Project pay request;
Mr. Bischoff made a motion to approve the pay request with the stipulation that Edstrom Construction would not be paid until all lien wavers have been paid.
Mr. Orr seconded the motion.
Motion Passed
Review Payroll and Claims for June 2010;
Mrs. Williams made a motion to approve the payroll and claims for June 2010. Mr. Bischoff seconded the motion. Mr. Orr asked Mrs. Lawrence if the claim to be paid to her was for administering the Tree Grant. Mrs. Lawrence answered no.
Motion Passed
Approval of Business Licenses received to date; Mr. Bischoff made a motion to approve the Business Licenses received to date. Mrs. Benson seconded the motion. Motion Passed
HEAR THE PUBLIC
Shane Campbell and Bob De Borge of the Avid Gardeners talked to the Council about their plan for the Eagle triangle out on the highway. They showed the council a copy of the plan and asked for help in transporting rock etc. to the triangle site from the Crazy Horse area. Jim Hammons will coordinate between the city and the Avid Gardeners.
Alan Olsen of 33692 Hwy 2 asked the council if there was a claim for him in the June claims. Mayor Roll answered no there was not. Mr. Olsen wanted to know why. Mayor Roll answered because there were still discussions going on and that because Mr. Olsen’s attorney had gotten involved there would be no discussion with Mr. Olsen at this time about the issue.
ADJOURNMENT
Meeting was adjourned at 7:45 pm.
_________________________
Mayor Doug Roll
Attest;
_________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING JULY 13, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS
The meeting started at 6:04pm. Mayor Roll and Council Members Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present. City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present. Representatives from DEQ, EPA and the Corp were also present.
John from the Corp brought park plans to the Council. The EPA, Corp and Council discussed the plans and what the colored areas were for. After discussing the plans it was decided the drainage was not what the Council thought would be best for the River Front Park. The Council discussed the drainage issue with the Corp, EPA and Noble Excavating. The Council also discussed with the EPA the areas of vermiculite and which areas would be cleaned up first by the EPA. The discussion also included utility, sewer and water trenches. The EPA stated that if the City could come up with the pipe they would dig the trenches.
The EPA was asked for something in writing as to what the EPA would take responsibility for concerning replacement of anything being torn down or removed during an EPA clean-up. The EPA did state that they were responsible to restore any area that they cleaned back to previous conditions and felt something in writing could be provided. The EPA also stated the City would be responsible for the engineering and resurfacing the roads.
Mr. Orr brought up the testing of the Search and Rescue Building and asked EPA for test results and what would be done about vermiculite being found inside the Search and Rescue Building. The Council stated its concern about the health and safety of the Search and Rescue workers. The EPA stated the vermiculite was being tracked in from outside. The EPA took notes and agreed to provide information on this issue back to the Council.
John from the Corp stated he thought they could get the grading plan to the City of Libby this week.
There was further discussion about the approach to the River Front Park etc.
It was stated that no reservations should be made to rent the Fred Brown Pavilion after the Labor Day Weekend and that anyone reserving the park from the end of August through Labor Day should be warned that the EPA may be doing clean-up at that time.
The meeting ended at 6:50pm.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook
PUBLIC HEARING MONDAY, JULY 19, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:30pm and led the pledge of allegiance.
Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena L. Hook was also present.
There was no Public comment on the Street Abandonment, Resolution # 1756.
Tony Rebo, speaking for the St. Johns Hospital Street Abandonment, Resolution # 1756 gave an update on the new hospital plans.
Meeting was adjourned at 6:37pm.
________________________________
Mayor Doug Roll
Attest:
_______________________________
City Clerk /Treasurer Glena L. Hook
THE 1331th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 19, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke, were also present.
Roy Yoder of the Amish Church offered prayer.
Mayor Roll asked for the Approval of the Council Minutes from the Special Meeting July 13, 2010 with changes and Regular Meeting July 6, 2010.
Mr. Williams made a motion to approve the minutes for Special Meeting and Regular Meeting July 13, 2010.
Mr. Bischoff seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that IP is drilling wells to check to see if the plume has expanded.
City Administrator, Jim Hammons stated that there is a group that has contacted him concerning a fund raiser concert that they want to put on during the Car Show on August 20, 2010. They also want to ask for a street closure. Mr. Hammons stated the group and the car show people are discussing the street closure possibilities. This is to be put on the next agenda.
There will be a concert at the American Legion Ball Field on August 6, 2010. Since the Legion takes care of the Ball Field and has adequate Insurance the council did not feel the Legion needed their permission to have a concern on the Ball Field.
Ryan Jones of Morrison-Maierle gave a report on the Cabinet Heights Sewer Project. Mr. Jones explained several issues that concern the complaints the City has gotten over dust etc.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams announced there would be meeting on Wednesday to discuss cemetery and park issues.
Fire; None
Resolutions/Ordinances; None
Personnel; Mr. Bischoff announced the personnel committee had a meeting earlier in the day and the previous week to discuss three individuals who have requested salary increases. Mr. Bischoff stated the committee recommends an 11% increase for Judge Briggs and stated even though the two other employees asking for an increase are excellent employees that after comparing local, state and national wages for the positions the committee feels they are being paid adequately. The final decision will be made by the council at the next meeting.
Building; None
Water/Sewer; Mrs. Benson reported that she had talked to Ryan Jones of Morrison-Maierle and the final completion date of the Cabinet Heights Project is September 3, 2010. Mrs. Benson also stated that the City will probably not here from DEQ for at least another month concerning the Waste Water Plant Project.
Lights/Streets/Sidewalks; None.
Budget/Finance; None
Police: None
Finance Report; The City Clerk-Treasurer gave a brief report on Finance and Budgeting for FY-11 and also informed the council about the sewer hook-up fees for the Cabinet Heights Sewer Project that have not been paid to date.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
None
UNFINISHED BUSINESS
None
NEW BUSINESS
Variance; Shannon Edwards-Myslicki, Libby Floral; The Mayor stated he would like this to go to the committee before a decision is made. Variance went to the sidewalk committee and will be put on the next agenda.
St. Johns Hospital Street Abandonment;
Mrs. Lawrence made a motion to approve Resolution # 1756 St. Johns Hospital Street Abandonment.
Mr. Orr seconded the motion.
Motion Passed
Approval of Business License Recommendations;
Mr. Bischoff made a motion to approve the Business License Recommendations from the committee.
Mr. Orr seconded the motion.
Motion Passed
Summer Water Rate reduction;
Mr. Bischoff made a motion to approved the base water rate removed for water customers in the City Limits for the months of July, August and September which are billed August, September and October of 2010 to help with watering costs during the summer months.
Mrs. Lawrence seconded the motion.
Motion Passed
COUNCIL ACTION/DISCUSSION
HEAR THE PUBLIC
There was no public comment.
ADJOURNMENT
Meeting was adjourned at 7:45 pm.
_________________________
Mayor Doug Roll
Attest;
_____________________________
City Clerk-Treasurer, Glena L. Hook