SPECIAL COUNCIL MEETING May 3, 2010 @ 6:00 PM, IN THE COUNCIL CHAMBERS
Mayor Roll, Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, Mr. Bischoff and City Administrator Jim Hammons met with several individuals regarding medical marijuana issues and problems. Spokesperson Rick Evans announced that there are 8 providers who will go in to a Co-op located near Woodstock Gifts at 1608 Minnesota Avenue which is out of the City limits. There are currently 6 providers growing medical marijuana in the City limits who have signed up for the co-op. He also stated that no one under the age of 21 years of age will be allowed to purchase medical marijuana even if they have a card. Montana Statutes say that there is a one ounce per day per customer limit. Rick Evans handed out a copy of the Caregiver Services Code. Renee Rucker expressed concerns that no one under the age of 21 can purchase drug paraphernalia. Mayor Roll asked the medical marijuana individuals to continue their research and stated that there would be another meeting scheduled as needed.
___________________________
Mayor Doug Roll
Attest:
______________________________
Deputy City Clerk Tanya R. Gehrke
THE 1326th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 3, 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 Clerk Tanya Gehrke were also present. City Clerk/Treasurer Glena L. Hook was absent .
Prayer was offered by Roy Yoder of the Amish Church.
Mayor Roll asked for the Approval of the Council Minutes from the Joint Public Hearing April 14, 2010 and the Regular Meeting April 19, 2010. Mrs. Williams wanted it noted under Committee Reports that she had stated that the High School would be done using the tennis courts the end of May instead of the end of the season. Mrs. Lawrence wanted it noted that she was not at the CDBG meeting which had already been addressed by an e-mail from Paul Rumelhart to City Administrator Jim Hammons.
Mr. Orr made a motion to approve the minutes.
Mr. Bischoff seconded the motion.
Mayor Roll asked if there was any further discussion and Mr. Orr wanted to know who had taken the minutes and wanted it noted that under Personnel Committee recommendations that he did not recuse himself from that portion of the meeting. He felt it wasn’t clearly stated in the minutes and also that he had written a letter that he wanted included with the packets. Mayor Roll stated that he would see to it that the letter was copied and given to each Council member.
Motion passed.
ANNOUNCEMENTS
None.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; Tom Wood reported that there were 2 fire calls in the City limits, 5 County calls and 2 out of district calls for a total of 9 calls for April 2010. He also mentioned that the new Fire Codes need to be adopted by the City as they change every 3 or 4 years. The new codes will be the 2009 Fire Codes. Tom gave the new Fire Code information to City Administrator Jim Hammons. He mentioned that the Libby Volunteer Fire Department had received their check from the Mill fire.
Resolutions/Ordinances; None
Personnel; Mayor Roll mentioned that the second Seasonal Employee had been hired and that interviews for the Full-time Employee will start May 4, 2010.
Building; Mrs. Lawrence announced that there would be a meeting regarding Business Licenses at 7:30 am May 5, 2010 in the Council chambers.
Water/Sewer; Mrs. Benson handed out a report that included information from the April 22, 2010 meeting regarding the Cabinet Heights project and concerns and frustrations of the residents who are impacted by the construction work. Discussion followed about the contract and what steps the City can take to address these problems. On April 23, 2010 there was a follow up meeting where the Mayor addressed the complaints and concerns of the residents with Brian Edstrom of Edstrom Construction.
Mrs. Benson reported that she had gotten a call from Phil Schad, City Wastewater employee, and the Libby Wastewater Treatment Plant has been selected as the recipient of the Montana Water Environment Associations Small Systems Award for 2010. Phil will be representing the City of Libby at a luncheon in Kalispell on Wed. May 5, 2010 to accept the award. Congratulations!
Lights/Streets/Sidewalks; None.
Budget/Finance; There is a letter, reconciliation and budget report from City Clerk/Treasurer Glena L. Hook in the Council packets this month.
Police: Chief Jim Smith gave his report and stated that there were 104 cases reported, 45 traffic citations and 34 arrests in April, 2010. Tyeler Smith is at the Police Academy now and Nathan Kimbro will go in September 2010.
City Administrator Report:: Mr. Hammons handed out his report and asked if there were any questions. There were none.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
UNFINISHED BUSINESS
Mrs. Williams addressed the portable restrooms situation at the tennis courts and asked if the City is going to continue to pay for them after the Libby Schools are done with the courts the end of May?
Mr. Bischoff made a motion to not pay for them.
Barb Desch seconded the motion.
Motion passed.
The American Legion Ball Field has requested a donation of $1,000.00 to help finish the dugouts. Mayor Roll reported that he was down at the fields and they look great.
Mrs. Williams made a motion to donate $1,000.00 to the American Legion to help with the cost of the dugout roofs.
Mrs. Benson seconded the motion
Mr. Bischoff called for the question.
Motion passed.
NEW BUSINESS
Mrs. Williams reported that she had received 2 applications for Planning Board members. The 2 letters were from Alan Kahnt and Karen Repine. Mrs. Williams suggested to accept both of them.
Mr. Bischoff made a motion to accept both Alan Kahnt and Karen Repine as members for the Planning Board.
Mrs. Desch seconded the motion.
Mr. Orr called for the question.
Motion passed.
COUNCIL ACTION/DISCUSSION
The Council reviewed Payroll and Claims for April 2010.
Mr. Bischoff made a motion to approve Payroll and Claims for April 2010.
Mrs. Williams seconded the motion.
Mrs. Benson called for the question.
All voted in favor.
Approval of Business Licenses: Mayor Roll stated that Eric Drake who has a Bow Shop at 208 W. Spruce Street has to update his Variance.
Mrs. Williams made a motion to approve the new Business License applications.
Mr. Bischoff seconded the motion.
Mr. Orr called for the question.
The new Business License applications were approved.
HEAR THE PUBLIC
Josiah Pruitt, of Libby voiced concerns regarding one of the City’s Police Officers who was kicked out of the Academy while working for Lincoln County. He stated that the Officer had a record of being dishonest and questioned how citations issued by him would hold up in court? Mayor Roll stated that when Officer Watson was being interviewed that he had voiced concerns regarding the same situation. Since the time Officer Watson was hired he has proven himself to be very honest and recently he graduated from the Police Academy with a score of 98%. Mayor Roll stated that he would personally vouch for Officer Watson. Mr. Orr said that he was glad that the Mayor made that comment about Officer Watson.
Sabrina Graves of 67 Reese Court Sp #26 Libby stated that it is legal to hunt turkeys in the City limits with a bow. She feels that this is very dangerous. Montana Statutes says it is only illegal to hunt deer in the City limits. Mayor Roll said that the City will look into this issue.
Mrs. Williams announced that there are 2 Planning Board meetings this month. The dates are May 12, 2010 and May 26, 2010. Both meeting will start at 6:00 pm and will be held at City Hall.
ADJOURNMENT
Meeting was adjourned at 7:30 pm.
___________________________
Mayor Doug Roll
Attest:
______________________________
Deputy City Clerk Tanya R. Gehrke
APPROVED SPECIAL COUNCIL MEETING May 17, 2010 @ 6:30 PM IN THE COUNCIL CHAMBERS
Called to order at 6:33pm by Mayor Roll.
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.
Mayor Roll asked the Council to approve a general park plan for the River Front Park. Mr. Orr asked if there was hope that the EPA would help with the new access. Mayor Roll stated that Noble Excavation and the EPA had both shown interested in helping with the access. Mrs. Lawrence asked if changes could be made after approving the Park Plan. Kristin Smith, County Planner stated that this was a conceptual plan and would be refined. Mayor Roll stated that changes could still be made after approval.
Mrs. Benson made a motion to accept the plan as a general plan with the provision that it could be changed later.
Mr. Orr seconded the motion.
Motion Passed.
The meeting was adjourned by Mayor Roll at 6:42pm.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook
THE 1327th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 17, 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 Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present. Mrs. Williams was absent.
Prayer was offered by Tony Shaw of the Baptist Church.
Mayor Roll asked for the Approval of the Council Minutes from the Special and Regular Meeting on May 3, 2010.
Mr. Orr made a motion to approve the minutes.
Mr. Bischoff seconded the motion.
Motion passed.
ANNOUNCEMENTS
The Medical Marijuana Co-op is now open for business outside the City Limits.
There will be a Special Meeting Tuesday, May 18, 2010. The first meeting starting at 6:30pm will be with Attorney Allan Payne and be closed to the public. The second meeting starting at 7:00pm is open to the public. This meeting is concerning the International Paper Settlement.
Mayor Roll announced that the STOKR people had some trouble at Fireman’s Park with some folks having too much fun in the camping area. Mayor Roll said he had the City Attorney looking into an Ordinance on Park Rules.
The Mayor received a letter from the Governor stating he was working on getting the Montanore Mine open.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Lawrence wanted the council to know that the tree planting was finished. Mrs. Lawrence is working on a clean-up day for the Cemetery. Mrs. Williams, Mr. Hammons and Mrs. Lawrence are looking into a grant to finance a seasonal person to water and take care of the Cemetery. Mr. Bischoff mentioned a senior program that may be used for a seasonal person to work at the cemetery. Mayor Roll talked about closing the Cemetery at 10:00pm and opening it again in the morning and he will check with the appropriate people.
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; Mrs. Lawrence talked to a lawyer from Bozeman while she was in Billings and the lawyer told her that they do not have the wording about Federal Law in their Business License Ordinance and Mrs. Lawrence requested that the City Attorney do some investigation into the possibility of changing the City Ordinance. Mayor Roll asked the City Attorney to check with Helena as they have the Federal Law part in their Ordinance.
Water/Sewer; Mrs. Benson recapped that Walt McElmurry is researching some of the costs on the bags of charcoal and the price on the carbon feeding that is at the Water Plant not being used and as soon as they can come up with some pricing hopefully the City can get it on the market on the Rural website. Mayor Roll stated that as soon as Hamilton has their press up and running that Phil Schad will be taking a trip to see how it works.
Lights/Streets/Sidewalks; None.
Budget/Finance; Mayor Roll announced that Budget time is coming up and he would like to prioritize sidewalks.
Police: None
City Administrator Report: Mr. Hammons gave a report on Thomas Street Project and stated the 50’s Class Reunion is asking for a $1000 donation. It will be put on the next agenda. Mr. Hammons announced the City hired a new seasonal employee, Mitch Mickelson. Mr. Hammons said Ryan Jones and Purnal Whitehead are here from Morrison and Maierle to answer any questions about the Cabinet Heights Project.
Purnal Whitehead of Morrison Maierle talked about the Cabinet Heights Project letting the council know, that the project was behind schedule and that the chip seal has been moved to the week of the 4th of July. Purnal also informed the council about the dust problem caused because the water truck broke down. Mayor Roll wanted it on the record that if a break down happens again to contact City Administrator Jim Hammons and the City will get their water truck up there. Ryan Jones of Morrison Maierle informed the council that a revised schedule will be delivered door to door to inform people of a change in the schedule. Mrs. Lawrence wanted to make sure that all problems concerning people’s property in the Cabinet Heights Project will be taken care of before the end of the project. Ryan Jones answered that there will be a walk through towards the end of the project so any concerns can be brought up at that time. Mayor Roll thanked Morrison Maierle for taking care of the complaints.
Ryan Jones also spoke about the Waste Water Project and how they are moving forward on the equipment selection because of the 4 to 6 month delivery time.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA UNFINISHED BUSINESS
NEW BUSINESS
Kathy Stern of the Libby Logger Committee, asked the council to approve a street closure on Saturday June 26, 2010 from 8:00am to 12:00noon on Mineral Avenue from US Hwy down to 2nd Street, both sides of Lincoln Blvd. from Idaho to Wisconsin and the block of 6th Street from the Fire Hall to Louisiana for the Logger Day Parade.
Mr. Bischoff made a motion to approve the street closure.
Mrs. Benson seconded the motion.
Motion Passed.
Bruce Moog of 1014 Utah, Libby came before the council to ask for a variance to build a fence on a portion of the City Right of Way. The Mayor asked Jim Hammons if there was an issue with this request. Jim Hammons asked about the location of the sidewalk and if there was a green belt between the sidewalk and street. Mr. Moog said yes there was. Mr. Moog wants to put his fence on the inside of the sidewalk close to his property with the side walk and green belt between the fence and street.
Mr. Orr made a motion to approve the variance.
Mrs. Lawrence seconded the motion.
Motion Passed.
COUNCIL ACTION/DISCUSSION
The council decided to refinance the house on 520 Utah at this time.
HEAR THE PUBLIC
There was no input from the public.
ADJOURNMENT
Meeting was adjourned at 7:48 pm.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING May 18, 2010 @ 6:30 PM IN THE COUNCIL CHAMBERS
The Mayor, Council, City Administrator and Attorney Allan Payne discussed the International Paper Settlement.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING May 18, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
The meeting was called to order at 7:05pm by Mayor Roll.
Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, Mrs. Williams and Mr. Bischoff were present. City Administrator, Jim Hammons, and City Clerk-Treasurer, Glena L. Hook, were also present.
The Council, Mayor and City Administrator spoke to Attorney, Allan Payne about the International Paper Settlement. Mr. Payne stated that 1.15 Million dollars would be paid to the City of Libby for the previous 10 yrs by International Paper on July 1, 2010. Mr. Payne also stated that 250K would be paid to the City by International Paper for the next 10 years with a yearly inflation increase that will be provided by Attorney Allan Payne to International Paper. After the end of the ten years there would be the option of renegotiating. Mr. Payne recommended the council accept the agreement with International Paper.
Mrs. Williams made a motion to accept the International Paper Agreement.
Mr. Bischoff seconded the motion.
Motion Passed.
The meeting was adjourned by Mayor Roll at 7:15pm.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING May 25, 2010 @ 5:30 PM IN THE COUNCIL CHAMBERS
Meeting called to order at 5:30pm by Mayor Roll. Council Members, Peggy Williams, Vicky Lawrence, Robin Benson, DC Orr, Barb Desch and Bill Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.
Mayor Roll announced the meeting was for everyone to voice their opinions and ideas about the River Front Park Plan and that no decisions would be made but Search and Rescue has to go back where it was.
Council Member Peggy Williams stated she was one of the people who walked the area over and over last year to look at possible diverse uses of the park. She stated they ended up with a lot of compromises. They deliberately did not address playground activities at least for the first phase because they did not want to draw unaccompanied kids from over the railroad tracks. Mrs. Williams was concerned about only one restroom being at the park and that the parking lot seemed massive. It was mentioned that the parking lot holds 100 cars. Mrs. Williams commented on several things she liked about the River Front Park Plan.
Mayor Roll introduced Bruce Lutz to the council. Bruce drew the first plan for the River Front Park and was at the meeting to hear ideas and concerns and possibly make changes to the initial plan.
Council Member Robin Benson was concerned about where the playground equipment will be placed and she wanted to make sure there was enough parking for the handicapped and Senior Citizens.
Council Member Vicky Lawrence expressed her concerns with the placement of the parking lot and felt moving the parking lot further away from the river would leave the river frontage area to be better utilized. Mrs. Lawrence would also like to see shade trees around the parking lot areas and would like to make the area around the smaller pavilion into a zen garden area (more of a peaceful area). Mrs. Lawrence also expressed the need for parking in the small pavilion area. Mrs. Lawrence also had concerns about the burms and wanted to know if the slope would be too steep to mow easily and also felt that people should be able to drive up to the Fred Brown Pavilion and load and unload equipment, chairs, tables, etc. Mrs. Lawrence also felt there was safety issues with the boat ramps and wanted to extend rip-rap out into the river above the boat ramp to produce an eddy that would make it easier for boats to access the ramp.
Terry Noble of Noble Excavation spoke to the council stating most equipment, tables and chairs come on a cart that could be rolled into the pavilion to unload. Terry was also concerned with the boat ramp and stated the rip-rap should not extend to far into the river.
Council Member Orr stated his concerns were the same as what had already been spoken. Mr. Orr agreed that there were safety concerns with the boat ramp and that we did not want people driving all the way up to the pavilion but should be able to get close. Mr. Orr mentioned that the Middle School has slopes and they mow it all. Mr. Orr said that when the Search and Rescue Building gets put back where it goes that there will be complaints about the blind corner. Mr. Orr stated that the Search and Rescue Building is problematic and there is quite a bit of truck traffic down there.
Council Member Barb Desch stated she liked the parking where it is and you needed to be able to park close when loading and unloading boats. Mrs. Desch would also like to know where the playground equipment will be located.
Council Member Bill Bischoff stated he liked all the ideas but still was not sure about the parking and would like to explore it further.
Mayor Roll brought up the river pump and stated they would like to move the access to the water over by the commercial area. Mayor Roll feels the boat parking needs to be close to the boat ramps. Mayor Roll had some ideas about moving some of the parking and spoke about the Search and Rescue needs.
Bruce Lutz spoke to the council about their ideas and concerns. Mr. Lutz took notes and is going to have a new park plan ready by the end of next week.
Mayor Roll stated that when the new plan is approved they will take it to the EPA and have the EPA put in writing what they will provide in their cleanup plan.
The meeting was adjourned at 6:30pm.
___________________________
Mayor Doug Roll
Attest:
____________________________
City Clerk-Treasurer, Glena L. Hook