COUNCIL MEETING SEPTEMBER 2, 2009 @ 7:00AM @ THE ANTLERS RESTAURANT
The meeting was called to order @ 7:10AM by Mayor Roll.
Council Members Mr. Orr, Mrs. Williams, Mr. Bischoff and Mr. Bothman were present.
First order of business OK to pay claims and payroll.
Mr. Orr made a motion not to pay the claims to businesses that do not that a City of Libby business license.
Mayor Roll stated that he could not accept Mr. Orr’s motion.
Mr. Bischoff made a motion to pay claims.
Mr. Bothman seconded the motion.
Further discussion Mr. Orr contended that it was illegal to pay the claims to businesses without a City of Libby business license.
Mayor Roll stated that the issue will be looked into.
Mr. Bischoff called for a point of order that the issue before the council was to pay the claims and the discussion did not pertain to the motion.
Vote;
Mr. Bothman and Mr. Bischoff affirmative,
Mr. Orr and Mrs. Williams negative.
The tie was broken by Mayor Roll affirmative.
2nd order OK to send in first draw request from Edstrom Construction.
Mr. Orr made a motion to approve the request.
Mr. Bischoff seconded the motion.
Motion passed unanimous.
3rd order Nordicfest street closure.
Mr. Bischoff made a motion to approve the street closure.
Mr. Bothman seconded the motion.
Motion passed unanimous.
Mayor Roll gaveled the meeting closed.
________________________________
Mayor Doug Roll
Attest:
Council President, Lee Bothman
THE 1312th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, SEPTEMBER 14, 2009 @ 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, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present. City Attorney Chuck Evans, City Supervisor Dan Thede and City Clerk-Treasurer Glena L. Hook were also present.
Reverend Sherry Edwards of the First Presbyterian Church offered prayer.
Mayor Roll announced that he went to the Mt. Economic Development Meeting at 10:00 am at the courthouse and received stimulus money and a sign to put at the project site. Mayor Roll said that the stimulus money would to used in combination with what is left of the International Paper settlement money to put in a new main at the Thomas Street area. Mayor Roll said that APEC Engineering has finalized the plans and how are waiting for the DEQ approval of the plans. Mayor Roll stated that the city would like to get the project finished this year.
Mr. Orr made a motion to approve the Regular Meeting from August 17th and the meeting from September 2nd, 2009 with changes to the September minutes as follows.
“Mr. Orr made a motion to not pay claims to business without business licenses”.
Mr. McElmurry seconded the motion.
Motion passed.
COMMITTEE REPORTS
Cemetery/Parks; Peggy Williams announced that the Cemetery fuel reduction project has been finished and would like to do a walk through with the council Wednesday after the breakfast meeting. Mayor Roll stated that he did a walk through last night and that the area has been opened up nicely.
Fire; None
Resolution/Ordinances;
Personnel; None
Water/Sewer/Streets: Lee Bothman reported that the concrete dam on the upper Flower reservoir needs to be tested. Morrison-Maierle will do the testing.
Ryan Jones of Morrison-Maierle gave a report on the Cabinet Heights sewer Project. Ryan stated that the project is on budget and that the project is not behind but not moving as fast as hoped either schedule either. Ryan said that tentatively they would like to finish the first loop on the hill which involves Highwood Dr., Reese Court and Vista. Ryan said that they would like to have it finished, tested, paved and tied in down the hill before stopping depending on the weather. Ryan said they are shooting for early to mid-October to for paving. Ryan also stated that Edstrom Construction would like to add to their crew as soon as possible and that when that happens RD may require a second RPR on site depending on what kind of work is going on. Mr. Orr asked if we put on another inspector would be increase the project budget. Ryan said that if they had to put on another inspector that it would come out of the contingency budget and that it would increase the budget but not the budget-budget. Ryan also stated that before that happened RD and the City would have to sign off on the changes.
Ryan Jones of Morrison-Maierle also reported on the Waste Water Plant Project. Ryan stated that a draft contract has been sent to RD and that as soon as it gets worked out to their approval he can get the contract over to City Attorney Chuck Evans and the City for their concurrence. Timeline wise Ryan stated he would like to get started on the project by mid-October.
Ryan Jones of Morrison-Maierle also reported that they have sent over the scope of service needed on the Flower Creek Reservoir to City Supervisor Dan Thede for the Cities review.
Budget/Finance; None
Police; Mayor Roll announced that he has talked to Sergeant Jim Smith and that Sergeant Smith indicated that he would be willing to remain acting Police Chief until next spring. Mayor Roll said he would like to wait until then to open up the job of Police Chief for applications again.
UNFINISHED BUSINESS
DNRC Right of Way; City Supervisor Dan Thede reported that DNRC is having the State appraise the Right of Way they want to purchase. When they have the appraisal they will submit it to the City for approval.
Resolution # 1741 Regh Annexation;
Mr. Bischoff made a motion to adopt the Regh Annexation Resolution # 1741.
Mr. Bothman seconded the motion.
Motion Passed.
Legion Baseball Field; Scott Foss spoke to the council about a lease for the Legion Baseball Field. City Attorney Chuck Evans said he had written the lease. City Clerk Glena Hook asked the City Attorney to please email the lease to her. Mr. Foss also told the council that the Libby Parks District is in support of the fencing project but wants more concrete figures of cost. Mr. Foss is getting bids on different kinds of fencing and will give information to Libby Park District to see what their contribution will be. Mr. Carter asked Mr. Foss if he has a site map that shows where the degraded fencing was. Mr. Foss said he did not have a may but that he could draw one out. Mr. Foss also asked if he needed to come back to the council about the lease. Mayor Roll told Mr. Foss that the city would get the lease and get back to him.
Fire Suppression, Bob Payne; Mr. Bothman told the council that the committee is still in the fact finding portion about the Fire Suppression and hopes to have more information by the next meeting.
CRS-Program, Nat’l Floodplain; Lisa Oedewaldt spoke to the council about getting their permission to be the City of Libby Floodplain Administrator at no cost to the city. Lisa will write contract with city on being Floodplain Administrator.
Mr. Bischoff made a motion to enter into a contract with the County making Lisa Oedewaldt the Floodplain administrator.
Mr. Bothman seconded the motion.
Motion Passed.
Lisa Oedewaldt stated that after the 16th of October, 2009 she would bring in a contract.
NEW BUSINESS
Variance, Bobbie Bamford; Bobbie Bamford asked the council for a variance at 412 W 3rd Street in Libby to run her massage business called Body Solutions.
Mr. Carter made a motion to approve the variance with the condition that the variance is for only as long as Bobbie Bamford is running her business at this address.
Mr. Bischoff seconded the motion.
Motion Passed.
Variance, Neil Milner; Mr. Milner asked the council for a zoning variance at 1210 ½ California Ave. in Libby. The council would like to hear what City Building Inspector Ron Higgins has to say about the variance. The variance will be put on the next agenda.
Resolution # 1744 will be put on October 5, 2009 agenda.
Stop signs at Idaho and Flower; Lee Bothman will talk to Polly Resch-Nosler about stop signs at Idaho and Flower.
ANNOUNCEMENTS
Mayor Roll announced that the Breakfast meetings on Wednesday has changed to the Venture Inn.
Council member Ron Carter announced that the Urban Forestry Grant had been submitted and thanked Vickie Lawrence for all her help. Mr. Carter also stated that the grant will be administered by the new City Administrator. Mr. Carter said the grant amount is in the neighborhood of $67K.
Mr. Carter stated that he got a copy of the Stinger Welding CDBG Grant and that is was open to the public for review.
Mayor Roll announced that professional plans had been drawn up for the River Front Park area and that he had a number of copies to hand out to the council for their review and thoughts. Mayor Roll also noted that it was not the final plan and the EPA is pushing very hard to move on the cleanup of this site and that the plan is a beginning.
COUNCIL ACTION/DISCUSSION
The council agreed to hold renters water deposits until they moved from the premises instead of returning the water deposit after a year.
HEAR THE PULIC
Allen Olsen of Antler Tree Nursery asked if the money from the Urban Forestry Grant would be spent in Libby. Ron Cater stated that the city will make every effort to spend the Grant money in the City of Libby. Mayor Roll asked Allen Olsen if there was anything else he wanted to say and Mr. Olsen answered no.
Mel & Learah Parker of 80 River View Pk. Spoke to the council on the concerns they have with the property they own down by the river called operating Unit #2 which is located by the City of Libby property called operating Unit #1. The Parkers are worried that time is running out to agree upon a cleanup with the EPA. Mayor Roll stated that the City of Libby is working on an extension of time with the EPA so that a cleanup solution between the EPA and City of Libby can be agreed upon.
Council member DC Orr excused himself from council duties to address the council as a citizen. Mr. Orr of 1117 Nevada Ave. Libby wanted the record to show that he was privy to a person that requested to be put on the agenda had not been put on the agenda and that he wanted to protest that the person went through all the right channels and should have been allowed on the agenda. Mr. Orr also commented that he would like to see the council be able to put things on the agenda.
ADJOURNMENT
Meeting was adjourned at 8:20pm.
_________________________
Mayor Doug Roll
Attest:
City Clerk/Treasurer Glena L. Hook