THE 1318th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JANUARY 4, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:05 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook were also present.
The mayor swore in the newly elected council members, the Police Chief and the new Police Officer.
Mr. Bischoff made a motion to approve the Regular Meeting Minutes from December 7, 2009 & Special Meeting Minutes from December 9, 2009.
Mrs. Williams seconded the motion.
Motion passed.
ANNOUNCEMENTS
Mayor Roll announced the Local Government Training to be held on January 27, 2010.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; None
Resolutions/Ordinances; None
Personnel; Council Member Bischoff announced that per City Attorney, Heather McDougall, he had copies of the email correspondence between the council to be put on file for public record. He turned copies over to the City Clerk.
Water/Sewer; None
Streets/Sidewalks; None
Budget/Finance; None
Police; Mr. Orr announced the swearing in of New Police Chief
UNFINISHED BUSINESS
Skateboard Park location; Trent Oelberg spoke to the council and announced that the Skateboard group met with the U-Serve Tennis Court Board and came to an agreement. Mr. Oelberg stated that Rich Thompson thought it would be the best place for the Skateboard Park and by putting the Skate Park by the Tennis Courts it would detour the skate boarders from skating on the tennis courts. Mr. Oelberg also brought endorsements from the neighborhood around the proposed skateboard park area that states they are not opposed to the skateboard park being put in the area if rules are posted and strictly enforced by the City of Libby. Council Member Williams stated that she was impressed and greatly appreciative of the U-Serve Board and the Skateboard Board getting together and working out their differences and solving them together instead of coming to the council to try and make a decision. Mr. Oelberg stated that both conditions that were in question have been meant and that the Skateboard Board is asking the Council for a vote on the location of the Skate Park.
Mr. Orr made a motion to allow the skate park to be built on the location by the tennis courts
Mrs. Lawrence seconded the motion.
Motion Passed.
Legion Baseball Park fencing; The Legion Baseball Park is asking for $3,368.10 from the city to help with ballpark fencing. Mrs. Williams stated that she spoke with Park Supervisor Corky Pape and that he endorses the city giving the money requested of the City for the help with the baseball park fencing. Mrs. Williams also stated that Mr. Pape was aware that it would come out of one of his budgets.
Mrs. Williams made a motion to approve the city giving $3,368.10 to the Legion Baseball Park to help with fencing.
Mr. Bischoff seconded the motion.
Motion Passed.
Licensing Laws, Deborah Sprankel; Deborah Sprankel of Beartooth Mechanical at 317 California Avenue spoke to the council about licensing laws in the City of Libby and State licensing laws. Mrs. Sprankel spoke to the council about individuals working in the city limits without proper licenses in regard to plumbing, electrical and City Business Licenses. Mrs. Sprankel stated that she believes that the city council is responsible to promote the safety and health issues in the community. She stated that she believes it is in the city ordinances and that the council is responsible to see that the city ordinances are followed. Mrs. Sprankel has already contacted the State and turned in certain individuals and the State is looking into this further. She stated that she is hoping that the City Council will also state enforcing their ordinances to help control this problem. Mrs. Sprankel said our Building Inspector has the authority to check for the proper licenses also any licensed plumber is qualified to ask for proper licenses. Mrs. Sprankel requested that the council put something in the newspaper, radio, cable TV etc. going over city ordinances on Business Licenses so the people would know who is or isn’t suppose to have a Business License. Mrs. Sprankel would also like to see a list of people who have business licenses put on the city web page so that someone that is looking for someone to do some work could check and see if they are licensed to do work in the city. Mrs. Sprankel asked if there were any questions. Mr. Orr said he had a question for the mayor. Mr. Orr asked the mayor if the City Building Inspector was here tonight. The mayor answered that the building inspector was right behind Mr. Orr. Mr. Bischoff asked if the licensing Mrs. Sprankel was talking about was a state enforcement issue. Mrs. Sprankel stated that the state does have the responsibility to license and enforce for licenses and that they are looking into some of the complaints that has been brought to their attention at this time. Mrs. Sprankel also believes that it is a city responsibility due to the city ordinances. Mr. Bischoff stated he was not sure and would like to talk to Heather McDougall, the City Attorney about it. The mayor stated that he would like to take Mrs. Sprankel’s statement under advisement and that there is a lot of questions that need to be answered. Mr. Orr stated that he had one point of advise that like the mayor stated the state does have the responsibility to enforce their laws. Mr. Orr stated that he believes that Mrs. Sprankel has more traction with the state concerning working on enforcement of state licenses.
Mr. Ron Higgins was asked to come forward to answer a few questions. The mayor asked about the money from building inspections. Mr. Higgins stated that all money received from the building fund is support the building inspections budget. Mr. Higgins stated that he was in agreement with the city to work for an hourly wage not 75% as is stated in the ordinance. He also stated that it is good and bad because some years there are enough revenues from building inspections to cover his charges and some years there are not. The Mayor asked Mr. Higgins if he was required by the state to request a license from electrical or plumbing contractors. Mr. Higgins answered that he could. Mrs. Williams asked Mr. Higgins how he felt about enforcement and if he feels it is needed. Mr. Higgins answered that he thought so especially in commercial applications. Mr. Orr asked where the money for the Business Licenses goes. The mayor answered that it goes into the general fund. Mr. Orr asked if the City Clerk knew how much money the Business Licenses brought in. The Clerk answered that she did not know at this time but that the Statement of Revenues that had been given to the council would have it stated. Mr. Orr asked Mr. Higgins if his duties required more money. Mr. Higgins answered that he did not need more money this year but probably did last year. Mrs. Williams asked Mr. Higgins how many hour a week he spent in being the Building Inspector. Mr. Higgins answered that it varies but he tries to work between 16 and 20 hours a week. Mr. Orr asked if this would go into some sort of committee. Mayor Roll answered that he would assign new committees and then probably put it into the building committee.
Approval of Business Licenses for 2010 received;
Mrs. Benson made a motion to approve the Business Licenses for 2010 received to date.
Mr. Bischoff seconded the motion.
Council Member Lawrence stated that the council was asked to review and approved the Business Licenses and asked what the standard for approval was. City Attorney, Heather McDougall said that the business has to be lawful. The City Attorney then read the City Ordinance pertaining to Council Member Lawrence’s question. Council Member Lawrence posed a question that if we have people that are coming in and asking for business licenses who are plumbers or electricians and that it has been brought to our attention that they need a state license would the city be interested in requiring to see the license. The mayor stated that the requirements may be on the application. The mayor read the requirements for business licenses from the city ordinance. Mr. Orr stated that when he reviewed the packet that he didn’t know from reading the packet if 501-C3’s (charitable organizations) are required to have a business licenses. The mayor stated that it would have to be looked into because he was not sure. The City Attorney, Heather McDougall was asked to look into whether the hospital needed to have a business license. Mrs. Lawrence stated that she had found about 4 businesses that she did not feel needed a license because they were not in the city limits and did not do any services or sales in the city limits. She stated that she gave those applications to clerk Donna Moe.
Motion Passed.
NEW BUSINESS
Choosing new council president; Mayor Roll stated that normally the council president is the senior member who is Mr. Bischoff. The mayor asked if someone would make a motion.
Mr. Orr made a motion to install Peggy as council president.
There was no second.
Mrs. Lawrence made a motion to appoint Mr. Bischoff to council president.
Mrs. Desch seconded the motion.
All voted in favor of Mr. Bischoff except Mrs. Williams who stated she felt there was a conflict of interest with Bill Bischoff.
Motion Passed.
Resolution # 1750 loan and match for Waste Water Plant Project PER;
Mrs.Williams made a motion to approve Resolution # 1750.
Mr. Bischoff seconded the motion.
Motion Passed.
Subdivisions 101; Kristin Smith, Director of the Lincoln County Planning Department went over the subdivision review process for the council.
Bentgrass Overview Subdivision; Lisa Oedewalt went over the Bentgrass Overview Subdivision.
Approval of Beer, Wine and Liquor Licenses for 2010;
Mrs. Williams made a motion to approved the Beer, Wine and Liquor Licenses for 2010.
Mr. Orr seconded the motion.
Motion Passed.
Senior Citizens request for new cook stove; Dedi Coy, Project Manager of the Senior Citizens Center talked to the council about the need for a new cook stove at the Senior Center. The Senior Center is asking for a donation of $500 towards the purchase of a new cook stove. Deborah Sprankel of Beartooth Mechanical offered to do the propane lines for the new stove at no charge.
Mr. Bischoff made a motion to approve a $500 donation to go toward the purchase of a new cook stove for the Senior Citizens Center.
Mrs. Desch seconded the motion.
Motion Passed.
COUNCIL ACTION/DISCUSSION
Cabinet Heights Sewer Project Draw;
Mrs. Williams made a motion to approve the Cabinet Heights Sewer Project Draw contingent upon Edstrom Constructions being current on their liabilities.
Mr. Orr seconded the motion.
Motion Passed.
Discussion on continuing prayers at council meetings; Mayor Roll stated that he got an email from the Reverend Benson from the Christ Lutheran Church a couple weeks ago, the mayor called him and he said all he wanted to know was since Trent had mentioned that he was not going to schedule the prayers for the City Council Meetings anymore did the council still want to have prayer at the council meeting. Reverend Benson said that if council still wanted to have prayer at the council meetings that the Libby Ministerial would find somebody to continue on. Mayor Roll stated that he would call Reverend Benson and let him know that the council would like to continue having prayer at the council meetings.
Review Payroll and Claims for December 2009;
Mr. Orr made a motion to pay payroll and claims for December 2009.
Mrs. Williams seconded the motion.
Motion Passed.
HEAR THE PUBLIC
Gordon Sullivan who owns Cabinet Books and Music came before the council with two questions and a request. Mr. Sullivan’s first question was does Environmental Restoration have a City Business License. Mr. Orr stated that they do. Mr. Sullivan’s second question was whether the properties that have been cleaned by the EPA have been evaluated by the Building Inspector as to whether they are meeting codes, specifically relevant to air handling and air passage in the attics. The mayor stated that he would find out what the building inspectors authority is on this kind of thing. Mr. Sullivan asked if the city would hire a expert to have go back and evaluate these properties with respect to mold being left in the attics.
Arland McGill of 807 Wisconsin Ave. spoke to the council about his concerns about what has been going on between the council members trading jabs back and forth at each other in the papers. Mr. McGill said he was encouraged about the council ability to get along during the meeting tonight and would like to encouraged the council to continue to get along and work on projects together. Mr. McGill stated that when the council does not get along it makes it difficult to support the city. Mr. McGill stated he will pray for the council and that the council is in his heart and on his mind.
ADJOURNMENT
Meeting was adjourned at 8:40pm.
Attest:
Mayor Doug Roll City Clerk/Treasurer Glena L. Hook
WORKING COMMITTEE MEETING JANUARY 4, 2010 IN THE COUNCIL CHAMBERS
The Council, Mayor and Attorney Alan Payne discussed comments concerning the OU1 Park site. A meeting was scheduled for January 11, 2010.
Attest:
Mayor Doug Roll Council President, Bill Bischoff
COMMITTEE MEETING JANUARY 11, 2010 @5:30pm IN THE COUNCIL CHAMBERS
Mayor Roll called the meeting to order at 5:30pm and led the pledge of allegiance.
Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Clerk-Treasurer, Glena L. Hook was also present.
Mayor Roll wished Duane Williams Happy Birthday.
Mayor Roll stated that the council was here to finalize the OU1 comments. The Mayor asked for any objections to the comments on the OU1.
Mr. Bischoff stated he thought that comment # 17 should be eliminated. Mr. Orr disagreed with Mr. Bischoff. After a discussion between Mr. Bischoff and Mr. Orr the Mayor polled the council. Mrs. Williams stated, as written she was opposed to comment # 17. Mrs. Lawrence stated she was against comment # 17. Mrs. Benson stated as written she was against comment # 17. Mrs. Desch agreed that she was also opposed to comment # 17. Mr. Orr protested the manner in which the mayor asked the question. The Mayor stated that he had put it out to the council and asked if anyone had a revision. There was no revision at the time.
Mr. Bischoff asked if this should be done more formally and made a motion that they completely withdraw comment # 17.
Mrs. Lawrence seconded the motion.
Mr. Orr asked for a voice vote.
Mayor Roll asked if there was any more discussion.
Mr. Orr stated his opinion and personally named Mr. Bischoff.
Mr. Bischoff asked the mayor for a Point of Order due to a personal affront by Mr. Orr.
Mayor Roll stated that Mr. Orr’s allegations would not be permitted.
Mr. Orr stated that he believed that Mr. Bischoff had a conflict of interest.
Mayor Roll called for the voice (roll call) vote.
Mrs. Williams voted I, Mrs. Lawrence voted I, Mrs. Benson voted I, Mrs. Desch voted I, Mr. Bischoff voted I and Mr. Orr voted Nay.
Motion Passed 5 to 1.
Mrs. Lawrence made a motion to strike the second paragraph of comment #4.
Motion died for the lack of a second.
Mr. Orr made a motion that we strike the last sentence of paragraph 2 of comment #4.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Orr made a motion to remove original comment #18 and replace it with Mrs. Lawrence’s version of comment #18.
Mr. Bischoff seconded the motion.
Motion Passed.
Mrs. Williams requested that the City’s comments and the City/County Health Board minutes be place in the City minutes.
Mr. Orr made a motion to remove comment #11 & #12.
Mr. Bischoff seconded the motion.
Motion Passed.
Mr. Orr made a motion to remove the question in comment # 13.
Mrs. Williams seconded the motion.
Motion Passed.
Mrs. Lawrence made a motion to change the last sentence in comment # 14 to read, visible vermiculite at OU1 given its history is unacceptable.
Mr. Orr seconded the motion.
Motion do not pass by a 4 to 2 vote.
Mr. Bischoff made a motion change the first sentence in the second paragraph to read; Therefore, the City requests no ROD be issued. If a ROD must be issued from the PPOU1, that it be a interim ROD.
Mrs. Benson seconded the motion.
Motion Passed.
Mr. Orr made a motion to add to the end of comment #15; at no cost to the city.
Mrs. Williams seconded the motion.
Motion Passed.
The meeting was adjourned at 6:28pm.
Attest:
Mayor Doug Roll City Clerk/Treasurer Glena L. Hook
THE 1319th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JANUARY 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, Mr. Orr, Mrs. Lawrence, 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.
Pastor Roy Yoder of the Libby Amish Church offered prayer.
Mr. Bischoff made a motion to approve the Regular Meeting Minutes from January 4, 2010, Working Committee Meeting Minutes from January 4, 2010 & Council Meeting Minutes from January 11, 2010 with Mr. Orr’s addition to January 11, 2010 stating that Mr. Orr believed Mr. Bischoff had a conflict of interest.
Mrs. Benson seconded the motion.
Motion passed.
ANNOUNCEMENTS
Mayor Roll announced the Local Government Training to be held on January 27, 2010.
Mayor Roll announced that the breakfast meetings will change to the Libby Café starting January 27, 2010.
Mayor Roll spoke to the council about renewing the MAC lease. There were no objections.
Mayor Roll spoke to the council about a support letter for Mt. Public Radio. There were no objections.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; None
Resolutions/Ordinances; None
Personnel; Council Member Bischoff stated that they had chosen a new mechanic for the position open for the City of Libby and that the first choice had declined the position. Mr. Bischoff then stated that the second choice would be offered the job.
Water/Sewer; Council Member Robin Benson stated that the Water and Sewer committee would be touring the Water Treatment Plant during the next week.
Streets/Sidewalks; None
Budget/Finance; None
Police; None
Building and Industrial Park; Mayor Roll read a report from Building Inspector Ron Higgins on Building Permits for Libby during 2009.
UNFINISHED BUSINESS
Bentgrass Subdivision; Kristin Smith, County Planner, spoke to the council and handed out a report on the Bentgrass Subdivision. Ken Davis, of Ken Davis Surveying PO Box 896, Troy, Mt. representing the developer spoke to the council about the Bentgrass Subdivision.
Mr. Orr made a motion to extend the deadline date for approval of the subdivision for 30 days starting January 27, 2010 with the condition that a Geo Technical Report would be done.
Mrs. Williams seconded the motion.
Motion Passed. City Administrator Jim Hammons will work with Kristin Smith, County Planner.
Licensing laws, Deborah Sprankel; Mayor Roll gave to Building Committee for follow up. Mrs. Sprankel stated that she wished to work with the committee.
DNRC, Jeremy Rank; Mr. Rank spoke to the committee about the Right of Way that the DNRC wishes to purchase from the City of Libby. Mr. Hammons, City Administrator was asked to work with Jeremy Rank of DNRC and iron out the details and then report back to the council.
Department of Transportation, Highway work; Mayor Roll stated that he would call the Dept. of Trans. and ask that someone come to the next council meeting to explain the paperwork that was sent to the mayor to sign and answer any questions the council may have.
NEW BUSINESS
Police Chief Jim Smith talked to the council about video surveillance equipment that would deter the vandalism on Mineral Avenue. The Mayor asked the Council to consider Chief Smith proposal.
Police Chief Jim Smith brought hand outs and presented to the council that he would like to replace two patrol cars this year with payments not starting until January 2011. Chief Smith stated that the two new patrol cars would not increase his budget as the current payment ends July 2010 and new car payments begin January 2011, and the payments not being more but less than the old lease agreement he would not need any more budget authority to acquire the two new police cars.
Mrs. Williams made a motion to approve two new cars for the Police Department.
Mr. Bischoff seconded the motion.
Motion Passed.
Ryan Jones of Morrison-Maierle spoke to the council about the inflow meter at the waste water plant. Mr. Jones explained that the City is in violation of DEQ compliance. Morrison-Maierle is working on a PER for future waste water plant improvements. Mr. Jones also stated that a new inflow meter would be installed at the waste water plant what would comply with the DEQ’s requirement of measuring incoming water.
Approval of Business Licenses 2010 received;
Mr. Orr made a motion to approve the Business Licenses received for 2010.
Mrs. Lawrence seconded the motion.
Motion Passed.
Draft Ordinance, Bicycle Traffic Safety;
Mr. Orr made a motion to approve the draft ordinance on Bicycle Traffic Safety, subject to change before the 1st reading of the ordinance.
Mr. Bischoff seconded the motion.
Motion Passed.
HEAR THE PUBLIC
Deborah Sprankel of 317 California Ave. spoke to the council about putting the requirements for business licenses in the paper. The Mayor stated he would look into it.
Shanda Jennings of PO Box 1052 Libby spoke to the council about her disappointment in the way the burial lot for her son was dug in the cemetery. The Mayor stated he was very sorry and would look into the way the lot was dug.
ADJOURNMENT
Meeting was adjourned at 8:26pm.
Mayor Doug Roll City Clerk/Treasurer Glena L. Hook