PUBLIC HEARING MONDAY JUNE 1, 2009 @ 6:45PM IN THE COUNCIL CHAMBERS
Mayor Roll called the public hearing to order at 6:47pm.  There was no Public Comment on the Amended Skateboard Ordinance.  The Meeting was adjourned at 6:48pm.

_______________________________

Mayor Doug Roll

 

City Clerk/Treasurer Glena L. Hook

                                                                                     

                                                                                     

THE 1306th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 1, 2009 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 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 Supervisor Dan Thede, City Attorney Chuck Evans and City Clerk Glena Hook were also present.

Prayer was offered by Pastor Dean Burns of the Libby Christian Church.

Mrs. Williams made a motion to approve the Regular Meeting minutes from May 18, 2009, the Public Hearing minutes from May 18, 2009 and the Special Meeting from May 20, 2009.
Mr. Carter seconded the motion.
Motion passed.

ANNOUNCEMENTS

Tammy Lauer, Lincoln County Clerk and Recorder explained mail ballot elections to the Council and Mayor and asked for a Resolution to be adopted for approval of the Municipal Election to be held on November 3, 2009 to be a mail ballot election.  A Resolution is to be presented to the council at the next council meeting.

Ryan Jones, of Morrison Maierle spoke to the council and mayor about future improvements to the waste water plant.  He stated there are Grants from TSEP and DNRC for $15,000 each with matching funds needed in the amount of $15,000.  He stated that the city needed to approve a Resolution to Authorize Application to get the process started and that even with the Resolution the city would not be locked into anything.  A Resolution is to be presented to the council and Mayor at the Special Meeting on June 3, 2009.

COMMITTEE REPORTS

Cemetery & Parks; Representatives for CAMP will be at the breakfast meeting on Wednesday.

Lights, Streets & Sidewalks; Need budget in Sidewalks and Curbs for the new Fiscal Year.

Water & Sewer; Special Meeting Wednesday June 3, 2009.

Fire; Ron Carter will contact Ed Levert for more information on a Fire Wise Community and Mayor Roll would like something decided at the next meeting.

Budget & Finance; NA

Resolutions & Ordinances; NA

Police; NA

Personnel; NA

UNFINISHED BUSINESS

Mayor Roll made the final reading of Ordinance # 1724 amending the Skateboard Ordinance.
Mr. Bischoff made a motion to approve the amended ordinance.
Mr. McElmurry seconded the motion.
Motion Passed.

Scott Foss of American Legion Baseball spoke about the need for new fencing around the American Legion Baseball Field.  The Committee commented that they did not believe the city had the money to help with the fencing at this time.
Mr. Carter made a motion to pay for 1/3 of the cost of the fencing out of city funds.
There was no second.
Mr. Foss was asked to come back in September 2009 after the budgets were prepared and the city knew more about city finances for the next fiscal year.

Resolution # 1728 to pay time sensitive claims with approval of Mayor and City Clerk.
Mr. McElmurry made a motion to approve Resolution # 1728.
Mr. Bischoff seconded the motion.
Motion Passed.

NEW BUSINESS

Maggie Anderson of Montana Community Change Project spoke to the council and Mayor about what the community change project represents.  Maggie explain that MTCCP is designed to create community conditions and behavioral expectations that make drinking and driving and binge drinking less probable and less acceptable.  Maggie told the council that this area is # 1 in Binge Drinking in the Nation and that Lincoln County is #1 in alcohol related accidents with death or injury.  Maggie would like the Mayor and Council to speak out against drinking and driving.  She also asked the Mayor and Council to put a policy in place that put restrictions on where and how much (to each person) alcohol can be sold before allowing community events that are expecting to sell alcohol in the City of Libby.

Hope Kirschenman representing Libby Loggers Days asked for a Mineral Avenue Street Closure between the hours of 8:00am and 12:00noon on June 27, 2009 for the Logger Days Parade.  She also asked that Lincoln Blvd. be used to line up the parade.
Mr. McElmurry made a motion to allow the street closure for June 27, 2009.
Mr. Bothman seconded the motion.
Motion Passed.

Mayor Roll announced that the City car is broken down and the City needs a new one.  Mayor Roll passed around estimates from several car dealers here in Libby.

COUNCIL ACTION/DISCUSSION

Mr. Orr made a motion to approve Payroll and Claims for May 2009 with the exception of the claim paid to Libby Revitalization Inc.
Mr. McElmurry seconded the motion.
Motion Passed.

The Libby Revitalization Inc. claim and check for $11, 500 will be pulled until a decision has been made by the council and the clerk notified.

HEAR THE PUBLIC

Robert Jensen of 1006 Treasure Ave., Libby asked the Mayor and Council for help with the rabbits that are eating everything in his yard and generally being a nuisance.  Mayor Roll told Mr. Jensen that he would call the Animal Control and have them take care of the rabbit problem.

Bill Cunane of 622 Michigan Ave., Libby stated he was appalled about hearing the high rates of alcohol use in the Libby area.  He asked the Mayor and Council to support the Police on the alcohol issue and make people properly accountable for breaking the laws concerning alcohol.

ADJOURNMENT

The meeting was adjourned by Mayor Roll at 8:18pm.

______________________________

Mayor Doug Roll

Attest:

City Clerk, Glena L. Hook

                                                                                     

                                                                                     

SPECIAL COUNCIL MEETING WEDNESDAY, JUNE 3, 2009 @ 6:30PM IN THE COUNCIL CHAMBERS

The meeting was called to order @ 6:40pm by Mayor Doug Roll who led the pledge of allegiance.

Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present.  City Attorney Chuck Evans and City Clerk Glena L. Hook were also present.

Mr. Bischoff made a motion to approve Resolution # 1729 to authorize application for STEP and DNRC Grants.
Mr. Bothman seconded the motion.
Motion Passed

The meeting was adjourned @ 6:43pm.

________________________________

Mayor Doug Roll

Attest:

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

A SPECIAL COUNCIL MEETING WAS HELD MONDAY, JUNE 8, 2009 @ 6:00PM IN THE PONDEROSA ROOM

The meeting started at 6:00pm.  Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter and Mr. Bischoff were present.  City Supervisor, Dan Thede and City Clerk/Treasurer were also present.  Several people from the EPA were also present.

Victor Ketellapper of the EPA stated the EPA is ready for a Proposed Plan.  Mr. Ketellapper said that a Proposed Plan could be ready in two to three weeks.  The council talked about the water lines at the Export Plant site.  Mr. Ketellapper stated that the EPA would like to go forward with the Proposed Plan and then go into a more permanent plan (design phase) that would go into more detail about water lines etc.

The council then discussed the new access road that is in the plans for the OU1 site.  City Supervisor Dan Thede said the State would probably do the engineering and design work for the new access road at the Export Plant site.

Victor Ketellapper said they would like to schedule a Proposed Plan for the site sometime in the summer.  Mayor Roll stated he would like to wait for the Proposed Plan until at least September of 2009.  Mr. Ketellapper agreed to the timing.

Victor Ketellapper announced that David Berry, Toxicologist for the EPA would start the toxicology study at the Export Plant site in July 2009 and be involved in the risk assessment.

Mr. Ketellapper stated that the EPA is looking into a plan to clean up the site that includes some capping and some removal of the asbestos at the Export Plant site.

Councilmember DC Orr asked the EPA how long the cap would last if disturbed by tree roots and rodents.  Mr. Ketellapper stated that would be up to the cap design, but that after the cap was done there would be a review every 5 years to check the site for contamination.  Mr. Orr asked if the EPA would go back and clean up the site 20 or 30 years down the road if the site became contaminated.  Mr. Ketellapper answered yes, there are provisions for the EPA to go back in for further clean up if the site becomes contaminated in the future.  Mayor Roll asked the EPA to take longer if needed to come up with an adequate Proposed Plan to try and prevent future contamination if possible.  Mr. Ketellapper said yes that more time would be fine and that the EPA is interested in getting more permanent resolves to the Export Plant site.

Mayor Roll stated he hoped that the EPA can help with funding of some of the work on the new access road.  Mr. Ketellapper stated that it gets tricky for the EPA because there are certain things the EPA can’t get into.  The Mayor answered that it would be less expensive for the EPA to excavate a little way down and top with asphalt than to excavate 36” down.

Mr. Orr asked for the EPA’s position on the building replacement in writing for the third time.  The EPA did not acknowledge that they would put their position in writing.  Mr. Orr provided different documents from EPA that called the Export Plant Site OU-2 and OU-4.  Mr. Orr asked the EPA why they called the site in question under different names.  Mr. Ketellapper could not fully answer this question but did remark that it may have had something to do with the rewriting of the documents by different people at different times.  Mr. Orr also wanted to know if all information about the site could be found at the information center.  Mr. Ketellapper answered that all documents are in Denver but that the city could have access to them.  He also stated that the EPA does not keep everything but the information the EPA has could be put on a DVD or CD for easier access for the city.

Mayor Roll stated he wanted to deal with the present and that maybe the buildings could be replaced or something comparable could be done.  He wants the clean up done right and said we need the toxicity assessment and that is most important before any final decisions are made on the clean up.

The question was asked on what a Risk Assessment really is.  Mr. Ketellapper stated that a Risk Assessment is the description of exposure, whether it is a problem and is based on the toxicity value.  He also stated that the EPA is going for a qualitative risk assessment instead of a quantitative assessment.

Mayor Roll stated he wanted to wait until at least September for  a Proposed Plan on the clean up and wanted to make sure the toxicology study is done and the harmfulness of asbestos has been studied further before a plan is put into place.

Victor Ketellapper wanted to announce that the EPA is looking into adding an additional opt. unit around the highways.  He also announced that the EPA wants to work with U-Dig so they can be informed of potentially harmful digging projects around Libby.  Mr. Ketellapper also asked the city if they would be interested in having MIT students do a design study and showed the council a example of the work that could be done for the city at no cost to the city.

The meeting ended at around 7:15pm.

________________________________

Mayor Doug Roll

Attest:

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

THE 1307th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 15, 2009 @ 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. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present.  City Attorney Chuck Evans and City Clerk Glena Hook were also present.

Mr. Bischoff made a motion to approve the Regular Meeting minutes from June 1, 2009, the Public Hearing minutes from June 1, 2009 and the Special Meeting minutes from June 3, 2009.
Mr. McElmurry seconded the motion.
Motion passed.

The council has additions to add to the minutes from the Public Hearing on June 8, 2009 and will get the additions to the clerk to be added before the next meeting.

COMMITTEE REPORTS

The only committee report was from Ron Carter who had information on the Fire Wise Community.

UNFINISHED BUSINESS

NEW BUSINESS

Resolution # 1731, Conditional award Edstrom Construction contract for Cabinet Heights Project.
Mr. Bischoff made a motion to approve Resolution # 1731.
Mrs. Williams seconded the motion.
Motion Passed.

Bill Watt of the Libby Volunteer Fire Department asked the councils permission to move forward with the application for a stimulus grant to rebuild and/or replace the Fire Hall.
Mr. Carter made a motion to allow Mr. Watt to proceed with the grant with the stipulation that the Old City Hall would not be torn down.
Mr. McElmurry seconded the motion.
Motion Passed.

Bill Watt speaking for Steve Lauer of the Libby Volunteer Fire Department asked the council for permission to use the Legion Baseball Field for a donkey baseball game sometime during the summer of 2011 to celebrate the Fire Departments 100th anniversary.
Mr. Bischoff made a motion to allow the Fire Department to use the Legion Baseball Field for a donkey baseball game sometime during the summer of 2011.
Mr. McElmurry seconded the motion.
Motion Passed.

Resolution # 1730 to approve a mail ballot election for Municipal Election in 2009.
Mr. Bischoff made a motion to approve the mail ballot election with the amendment to included the primary as well as the general election.
Mrs. Williams seconded the motion.
Motion Passed.

ANNOUNCEMENTS

The council gave the City Clerk permission to look into the possibility of a loan from SRF to pay off the RD Bond loans.  The clerk also gave the council printouts of the budget and revenues for the month of May 2009 with a copy of the reconciliation sheet and cash report.

Mr. Carter wanted to announce a Forest Service meeting on June 16, 2009 from 5-8pm on the proposed Flower Watershed Project.  Mr. Carter also announced that there will be a field trip on Thursday June 18, 2009 from 9am-3pm for the project.

COUNCIL ACTION/DISCUSSION

Mr. Bothman made a motion to approve tax water liens for delinquent fire suppression and regular water bills.
Mr. Orr seconded the motion.
Motion Passed.

The council discussed HB 645 Stimulus money on how they wanted the money spent.  The council wanted to find out of the stimulus money could be split between two projects.  The clerk will forward the question to City Supervisor, Dan Thede when he returns from vacation on June 23, 2009.

HEAR THE PUBLIC

Fire Chief Tom Wood stated the Mineral Streetscape project is looking good and the lights are hooked up and coming on.

ADJOURNMENT

The meeting was adjourned by Mayor Roll at 7:45pm.

______________________________

Mayor Doug Roll

Attest:

City Clerk, Glena L. Hook