PUBLIC HEARING MONDAY APRIL 6, 2009 @ 6:30PM IN THE COUNCIL CHAMBERS
Mayor Roll called the first public hearing to order at 6:35pm. The Committee made a recommendation to use part of the International Paper Settlement money to cover the cost of the Base Water Rate for the customers living in the city limits during the summer months. There was no public comment. The final decision will be made at the next regular council meeting.
The second public hearing was called to order at 6:45pm by Mayor Roll. Lisa Oedewaldt of the Lincoln County Planning Department went over the Forest View II subdivision report. There was no public comment. The Forest View II subdivision will be on the next council agenda for approval. The public hearing was closed at 6:48pm.
_______________________________
Mayor Doug Roll
City Clerk/Treasurer Glena L. Hook
THE 1302nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 6, 2009 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The regular meeting was called to order at 7:00pm by Mayor Roll who led the Pledge of allegiance. Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present. City Supervisor, Dan Thede, City Attorney, Chuck Evans and City Clerk/Treasurer Glena Hook were also present.
Mr. Bothman made a motion to accept the minutes from March 16, 2009 regular meeting and March 26, 2009 Special Meeting as amended.
Mr. McElmurry seconded the motion.
Motion Passed.
Prayer was offered by Pastor Roy Yoder of the Libby Amish Church.
COMMITTEE REPORTS
Cemetery & Parks; Peggy Williams gave the committee report and gave out handouts with recommendations for the Fred Brown Pavilion. The Pavilion use agreement will be put on the next agenda.
Lights, Street & Sidewalks; Nothing to report
Water & Sewer; Lee Bothman gave the committee report and reported that the sewer committee was very please with the sewer increase report that Harry Whalen from Montana Rural Water Presented to the council to pay for the loan for the Cabinet Heights Project. Harry will send a recommendation to the city. The city will also receive a letter of intent to increase sewer rates, to use in the process of the sewer rate increase. Mr. Bothman also reported that the committee would not recommend a cost of living increase be implemented for the next fiscal year due to the increase for the Cabinet Heights Sewer Project.
Fire; Tom Wood gave a fire report and a copy of the fire report to the clerk.
Budget and Finance; Nothing to report.
Resolutions and Ordinances; Nothing to report
Police; DC Orr gave the report for the police and gave a copy to the clerk.
Personnel; Bill Bischoff reported that the interviews for the seasonal workers has been done and a worker has been hired.
UNFINISHED BUSINESS
Ed Levert explained the requirements and the benefits of becoming a Firewise Community. Mayor Roll gave this to the Fire Committee to be reported on during the first May council meeting.
NEW BUSINESS
Kenneth Gehlhoff came before the council with a request for a variance to run his business out of his home.
Mr. Bothman made a motion to approve the variance to let Mr. Gehlhoff run his particular business out of his home at 218 W. Poplar.
Mr. Bischoff seconded the motion.
Motion Passed.
Gary Huntsberger gave a report on the Tree Board and Boards Spring Planting Agenda.
Todd Berget talked to the council about the Bridge Concept on Flower Creek. Mr. Berget proposed to put two large fishing poles on Flower Creek by Rosauers to draw tourists. He asked the council for 1/3 of the cost coming to $1000. This proposal is to go to committee and be on the next agenda. Mr. Berget also asked permission to replace the eagle head on the eagle by the Chamber. Mayor Roll gave Mr. Berget permission to change the eagle head. Mr. Berget also proposed putting flags on the City of Eagles archway over Mineral Avenue. The council was concerned about the upkeep and replacement of the flags. The committee would like to look into this request further before making a decision.
Susan Rice from the Cross Country Ski Club came before the council to talk about the Ski Club’s opposition to logging on and adjacent to the ski course. Mrs. Rice commented that it may damage the ski course at the South Flower Creek Location and if the area is opened up it may invite snowmobilers to come onto the course. She would like the City’s support on this. Mrs. Rice also handed out a letter to the council and mayor explaining the Ski Clubs concerns and why. The ski club would like to be included in any decision that may concern that area.
Eric Klepfer, of Montanore Mine Project gave an update on the Mine Project and where the project is at this time. He also asked the council and mayor to consider taking a positive position with respect to this project. Mayor Roll agreed to a letter of support.
COUNCIL ACTION/DISCUSSION
Mayor Roll stated that the City needed to update the skateboard ordinance to include city parks among other additions and that the City Attorney is working on the additions.
Mr. Bischoff made a motion to appoint, Bill Cunnane, Rob Dufficy and Hugh Taylor as the new Police Commission.
Mr. Orr seconded the motion.
Motion Passed.
Mrs. Williams made a motion to approved payroll and claims for March 2009.
Mr. McElmurry seconded the motion.
Motion Passed.
ANNOUNCEMENTS
HEAR THE PUBLIC
ADJOURNMENT
The meeting was adjourned by Mayor Roll at 7:55pm.
________________________________
Mayor Doug Roll
Attest:
City Clerk /Treasurer Glena L. Hook
THE 1303nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 20, 2009 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The regular meeting was called to order at 7:02 pm by Mayor Roll who led the Pledge of allegiance. Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter and Mr. Bischoff were present. City Supervisor, Dan Thede, City Attorney, Chuck Evans and City Clerk/Treasurer Glena Hook were also present. Council member Mr. McElmurry was absent.
Mrs. Williams made a motion to accept the minutes from April 6, 2009 regular meeting and April 6, 2009 Public Hearings.
Mr. Bothman seconded the motion.
Motion Passed.
COMMITTEE REPORTS
There were no committee reports.
UNFINISHED BUSINESS
City Attorney, Chuck Evans presented the draft Skateboard Ordinance to the Council.
Mr. Bothman made a motion to approve the draft Skateboard Ordinance.
Mr. Orr seconded the motion.
Motion Passed. To be put on the next agenda to have the 1st reading on May 4, 2009.
Todd Berget, bridge concept went to committee and is to be put on the next agenda, May 4, 2009.
International Paper Settlement, summer water usage. The council discussed the International Paper Settlement money to relieve some of the summer watering burden from the city water users in the city limits for water use during June, July and August. The council decided to use the base water rate which is $26 per month up to $30 per month for the amount to reduce on water bills during June, July and August for 2009 & 2010 for customers in the city limits.
Mr. Bothman made a motion to approve the council decision.
Mr. Bischoff seconded the motion.
Motion Passed.
The Fred Brown Pavilion Rental Agreement was agreed upon by the council.
Forest View II Subdivision; Mr. Bischoff made a motion to approve the Forest View II Subdivision with the recommendations from City Supervisor, Dan Thede.
Mr. Orr seconded the motion.
Motion Passed.
NEW BUSINESS
CD # 118853, Troy Seniors Citizens; The council discussed the probability of turning CD # 118853 over to the City of Troy. It was decided to make a decision during the next council meeting.
James Regh, water and sewer extension request; Mr. Regh requested the council to agree on a sewer extension of approximately 250 ft. to accommodate 5 duplexes he is building. Mr. Regh stated that he would pay for the engineering and all installation costs and asked the city to provide the materials needed for the sewer and water installation. This request went to the sewer committee for a recommendation at the next council meeting on May 4, 2009.
Resolution # 1722, support of Stinger Welding Business. Mr. Carter asked the council to hold off on the approval of Resolution 1722 until he had a chance to finish his investigation of the project. It was agreed to put off approval of Resolution of 1722 until the next council meeting on May 4, 2009.
Resolution 1723, Letter of Intent to increase sewer rates for the Cabinet Heights Project;
Mr. Bothman made a motion to approve the Letter of Intent (Resolution 1723).
Mrs. Williams seconded the motion.
Motion Passed.
Ryan Jones of Morrison-Maierle, Spoke to the council about the Cabinet Heights Project. He would like the Bids to go out before the May 18, 2009 Public Hearing and stated the intended start date for the project would be in July 2009.
Union Contract – Collective Bargaining agreement; Mayor Roll stated that the Union has proposed to extend the Union Contract for another year without change. Mayor Roll also thanked the Union represented by Mike Voohries for the extension.
Mr. Bischoff made a motion to approve the Union’s offer of maintaining the contract for another year and opening negotiations up again next year.
Mrs. Williams seconded the motion.
Motion Passed.
Mayor Doug Roll stated that Lee Van Alstine was accepted to be the Fireman’s camp host for this year.
Tanya Gehrke (Deputy Clerk/Utility Billing Clerk) request to write off charges on account # 00081-75;
Mr. Orr made a motion to approve the write off of charges on account # 00081-75.
Mr. Bothman seconded the motion.
Motion Passed.
COUNCIL ACTION/DISCUSSION
ANNOUNCEMENTS
Mayor Roll announced there would be a meeting Wednesday April 22, 2009 in the Ponderosa Room at City Hall to go over the CDBG grant for Stinger Welding Project. This meeting is in conjunction with Lincoln County.
Mayor Roll also announced the Logger Day run/walk is looking for participants. The run/walk is to be held on June 27, 2009.
Mayor Roll spoke about the request for the County Library’s need for more parking and discussed the possibility of angle parking on Main Street behind the County Library.
HEAR THE PUBLIC
Richard Gwinn of 223 West Oak, Libby spoke about his concerns about the increase sewer rates to pay for the Cabinet Heights Project loan. He stated that he did not feel it was fair to have to pay for Cabinet Heights Sewer Project and would like the council to consider his concerns. He also stated that he was on a fixed income from retirement and that the increase would be difficult for him.
Mayor Roll stated that the summer usage water help that the city is giving to the city customers would help to offset the increase in sewer charges for the Project.
ADJOURNMENT
The meeting was adjourned by Mayor Roll at 7:52pm.
________________________________
Mayor Doug Roll
Attest:
City Clerk /Treasurer Glena L. Hook
WORKING COMMITTEE MEETING MINUTES MONDAY, APRIL 27, 2009 IN THE COUNCIL CHAMBERS
The meeting started at 7:02pm. Peggy Williams council member, DC Orr, Lee Bothman council member, Ron Carter council member, Bill Bischoff council member. Doug Roll Mayor of Libby and Dan Thede City Supervisor identified themselves. Allan Payne representing the City of Libby also identified himself. All others present identified themselves as members of the EPA or spokes person for the State of Montana.
The Mayor and Council presented a preliminary plan for the Old Export Plant Site Clean-up. The Mayor stated that the State was very receptive to the idea of moving the approach (road) to the area.
The EPA discussed the plans with the mayor and council and stated that when the plan was more definite that they would work with the city to accommodate the plan. The EPA also stated that they were looking at alternative plans for the clean-up site and talked about getting a feasibility plan to the city in the near future.
The Mayor and Council continued to discuss the clean-up plan with the EPA. Council member Ron Carter brought up the fact that in the area they are looking at for Industrial/Business use there would need to be an excavation of at least 36” to accommodate a foundation.
The EPA stated they would like to have further discussion on the clean-up area and thought they could accommodate the city as soon as they have a firm plan for the area.
DC Orr asked about the buildings the EPA took down and wanted to know why they have not been replaced. Mr. Orr said he had a lot of paper work on the EPA clean-up and thought that in the paperwork it stated that the EPA had a responsibility to make the City whole again.
The EPA asked Mr. Orr if he could produce the paperwork that was in question because they had no knowledge of it.
Mr. Orr answered that he could.
Mayor Roll told the EPA that he would like to see a long term fix on the clean-up site in question so the city would not have to rely on the O & M money later and that the O & M money could be used for other projects. The mayor also wanted to know about the Risk Assessment and if it is not going to be done for 4 yrs. what would happen in the meantime if the EPA is already gone. He also stated that he thought the cleanup would be hard to do without knowing the risk ahead of time.
The EPA stated that a lot of the assessment would be done before they left and that after the study it may lead to more property clean-up.
It was decided between the Mayor, Council and EPA to move the orange barrier back, put down poly covering and cover that with gravel early in May to provide parking for people using the River Front Park and Fred Brown Pavilion.
The EPA told the council and mayor that Two Hundred and Fifty Million Dollars was commented to the Libby clean-up and more would be commented if needed.
The council and mayor ask the EPA for that in writing.
DC Orr asked if the study comes back 784 times more toxic would the EPA go back in for more clean-up.
The EPA answered yes they would.
DC Orr asked if we have some kind of liability coverage if someone comes back against the city.
The EPA answered probably not.
The mayor and council asked if all visible vermiculite would be removed, caped or covered with no exposure path.
The EPA answered yes as long as the cape was not breached.
The EPA asked the mayor and city council if they would present plans for the Old Export Plant Site at the 1st council meeting of the month so the public would be informed and the council could vote on the plans by the 2nd council meeting of the month. If that could be accomplished the EPA could said they could get a draft plan out within the next two or three weeks. Mike Cirian will work with someone from the City of Libby on getting the plan more intact.
The meeting ended at 8:12 pm.
Doug Roll, Mayor
Glena L. Hook, City Clerk/Treasurer