Public Hearing: May 2011

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook

APPROVED

THE 1349th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 2, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:01 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 Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Steve Benson of the Christ Lutheran church

Mr. Orr  made a motion to approve the minutes from the Regular Meeting on April 18, 2011, Special Meeting on April 11, 2011 and the Public Hearing on April 25, 2011.
Mrs. Desch seconded the motion.
Mrs. Lawrence wanted to discuss the minutes for the special meeting with EPA on April 11, 2011 and commented that she felt the minutes were too long.  Mrs. Lawrence stated she went on-line and reviewed minutes from Whitefish, Columbia Falls and Polson.  Mrs. Lawrence stated there is a lot of flexibility in what is put into the minutes and wanted to know what the council would like to do. Mr. Bischoff agreed with Mrs. Lawrence.  Mr. Orr asked if there was a way to save the recording of the minutes especially with EPA Meetings, because he felt everything needed to be documented concerning the EPA.   Mr. Orr stated personally he felt these were the best minutes we have ever had.  Mayor Roll stated if the council had particular recordings they would like to keep that he would like to see the council request them to be kept and maybe put on a CD.  The Mayor also stated that the minutes did get overly long and like Mr. Bischoff mentioned it is really hard without going back to remember that exactly was stated during the meeting.  The Mayor stated we need a policy on what the council would like to see in the minutes.  Mayor Roll state he would like to put it into committee and asked for volunteers from the council.  Mr. Orr and Mr. Bischoff stated they would volunteer.
Mrs. Lawrence made a motion to amend the minutes from April 18, 2011 replacing “Mrs. Lawrence added that they had a gentleman from North Dakota that was going to help with the playground equipment and that he would be here next week to look at the project” with “Mrs. Lawrence added that a sales representative from Dakota fence would be in Libby Tuesday to look at the proposed playground project at fireman’s Park” in the second paragraph of the Cemetery/Parks report.
Mr. Bischoff seconded the motion.
Motion Passed.
Mr. Orr voted against the amendment.
The motion to approve the minutes also passed.

ANNOUNCEMENTS

Mayor Roll announced the Audit Exit Conference on Wednesday, May 4, 2011 @ 5:30pm in the Council Chambers.  Mayor Roll also announced a Public Hearing Tuesday, May 3, 2011at 5:30pm in the Council Chambers.  The Mayor announced that Clerk Hook would be gone the next week for training in Billings and himself, Council Member Robin Benson and City Attorney Jim Reintsma would be gone Wednesday through Friday of the next week for the Elected Officials and Attorney’s Workshop in Billings. Mayor Roll stated the back parking lot lights at City Hall were now working.  Mayor Roll announced that the County has been raising funds to fund a DNA grizzly bear analysis to help with the Montanore Mine Project and stated unless someone had an objection he would like to donate $100.00 or so from the City.  Mayor Roll also asked businesses or anyone else to donate toward the grizzly bear study and stated he was going to donate also.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated they had a meeting concerning the sprinkler systems around town and discussed how to get the sprinklers up in the Spring and maintaining them.  One of the short term solutions is hiring a contractor to work on the sprinkler systems and the other solution was that Jim Hammons is putting together a job description to try and find a dedicated employee and calculate what it would cost  for the long term. Mrs. Williams stated it would be a temporary summer employee.

Mrs. Benson stated the City has twelve funders for the playground equipment at Fireman’s Park for a total of $13,625.  Mrs. Benson stated the total cost of the project is $20,900 which leaves a difference of $7,275 and there is still a few grants pending.  Mrs. Benson stated that if we want to put this in and have it installed by the Fireman’s 100 year celebration, we need to order now.  Mrs. Benson stated there is adequate  room at the site for all the equipment and she has asked Meadow Lark Log Homes to look at the equipment that is already there to see what can be done to refurbish it.  Mrs. Lawrence stated there may be a little more time before we have to order the equipment.  Mayor Roll stated he would put it on the next agenda for a decision on the Playground Equipment at Fireman’s Park.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson reported that there was a Water System Evaluation Public Meeting presented by Ryan Jones of Morrison/Maierle on April 25, 2011 and only one person from the public attended and there were no comments.  Mrs. Benson also stated that the City of Libby received two bids for the meter replacement project.  Marozzo Plumbing and Heating was awarded the bid at $45 per meter and that approximately 100 to 120 meters would be affected.  The city will provide the meters.

Budget/Finance; None

Police; Police Chief Smith stated they were down for the month of April with  229 case reports with the average being 300, there were 24 arrests with the average being in the 40’s and  23 citations issued.  Chief Smith also reported that the EPA is coming to Libby for open meetings and they have been asked to provide assistance with security.

Lights/Streets/Sidewalks; Mrs. Desch stated herself, Vicky and Susie Rice rode the bike route and  they came up with how many signs are needed.  Mrs. Desch stated they needed to check into funding.  Mrs. Desch stated they are still working on the alley behind Western news.

City Administrators Report; Jim Hammons mentioned the lights in the back parking lot at City Hall are working as the Mayor announced and that the walk through for Cabinet Heights was going to be on the 10^th.

Finance; City Clerk Glena Hook stated she had copies of the 2010 Audit if any of the Council Members wanted to look at one.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

None

NEW BUSINESS

Parks Committee recommendations; The recommendations for the Fred Brown Pavilion was that the $50 fee for the pavilion use not be refunded unless the renting party cancels the contract seven days prior to the reserved date and that there be some means of signage to mark the pavilion as reserved for a specific date.  The recommendations for the Fireman’s Park were the Camp Host to clean the restrooms and dump station twice daily and clean the splash pad daily and lock and unlock the splash pad gate at determined times.  Also it was recommended that the cost for camping sites at the Fireman’s Park be $10 per day for tents or RVs.
Mr. Bischoff made a motion to approve the Parks Committee recommendations.
Mrs. Lawrence seconded the motion.
Motion Passed

The Insurance Committee was not ready to make a recommendation.

WGM billing;
Mrs. Lawrence made a motion to pay WGM out of ED funds to be reimbursed back to the ED fund either partially or fully  depending on the amount provided for Engineering from EPA when the restoration funds from EPA  are received.
Mr. Bischoff seconded the motion.
Motion Passed

Permission to write off remaining water bill after 50% received from the Collection Bureau;
Mrs. Lawrence made a motion to write off the remaining balance of the water bill in question.
Mrs. Williams seconded the motion.
Motion Passed

Resolution #1775 to increase waste water base rate to $26.63;
Mrs. Williams made a motion to approved Resolution #1775.
Mr. Bischoff seconded the motion.
There was a roll call vote with Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff voting  in favor of the approval.
Motion Passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date;
Mr. Bischoff made a motion to approve the Business Licenses received to date.
Mrs. Lawrence seconded the motion.
Motion Passed

Approval of Payroll and Claims for April 2011;
Mrs. Benson made a motion to approve payroll and claims for April 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr commented that he noticed $400 was spent in Bonners Ferry for trees and stated we get in trouble every time we do that.  Mr. Orr said, ” if we are going to have some policy changes around here I think we need to set some policy for how that tree money is spent”.  Mr. Orr felt it is wrong to spend the money out of state and stated he would not approve that bill.  Mr. Orr asked what is the policy and procedure for a setting council person spending city money.  Mayor Roll stated it was tree board money and policy has been that if a local business can stay within 10% of a non-local bid that the local business be used.  Mrs. Lawrence stated the $400 was for replacement trees on Mineral and they came from Idaho originally.  Mr. Orr asked does that mean they have to come from Idaho.  Mrs. Lawrence answered no and stated she tried to get them from the original nursery and they didn’t have  the right trees  and they recommended this nursery.
Motion Passed

HEAR FROM THE PUBLIC

Allen Olsen of 703 Louisiana avenue; Mr. Olsen stated you talk about wanting people to donate for a grizzly bear study for three years and you continuously let somebody that doesn’t know anything, if she did such a wonderful job last year administering the grant why didn’t she at least buy them from the feed store.  She never went to any nursery again in Libby Montana.  I don’t know why you are doing what you are doing and I don’t know who has been vandalizing trees on the upper side of Louisiana but someone has been butchering them horribly and that is all I got to say.

Kristin Smith, County Planning Director, spoke to the council about the Neighbor Stabilization Program Grant she is working on.  Kristin stated she had sent out a packet of information concerning the grant to the council earlier.  Kristin stated that the Neighborhood Stabilization Program is to help with foreclosures and keep home ownership available.  Kristin stated she sent the grant information out last week.  She stated because of the high unemployment rate Libby would score very well.  She stated this would allow for 1^st time home buyers with low income to buy a house at an attainable rate.   Mrs. Benson asked if there was any match on the grant.  Kristin answered there was no match.  The council asked some questions about the grant and had a discussion with Mrs. Smith.  Kristin Smith announced there would be a Public Hearing tomorrow night. 

ADJOURNMENT

Meeting was adjourned at7:48 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook

APPROVED

PUBLIC HEARING TUESDAY, MAY 3, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 5:30pm.

Bill Bischoff and Barb Desch were present.

Kristin Smith, County Planning Director spoke to the council about the Neighborhood Stabilization Program Grant she is working on.

There was no public comment.

Meeting was adjourned.

_________________________                      Attest; ______________________________

Council members present were Mr. Bischoff, Mrs. Desch, Mrs. Williams, Mrs. Benson, Mr. Orr and Mrs. Lawrence.  Mayor Roll was absent. Kristin Smith was also present.

Fire; None

Resolutions/Ordinances; None

Personnel; Mayor Roll stated that Dan Williams quit the City Street Department and Brandon Littrell quit the Police Department.  Darren Short has been hired by the Police Department and the Street Department position is being advertised for.

Building; None

Police; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Alan Olsen wanted to know if the people delivering the playground equipment had a Business License.  Mayor Roll answered that he did not know yet and they haven’t decided if they were going to do it or not yet.

UNFINISHED BUSINESS

None 

NEW BUSINESS 

Decision on Playground Equipment at Fireman’s Park; Mrs. Benson gave a report on the

Fireman’s Park Playground Equipment stated that we have received another $2,000 in grants bringing the total still needed for the playground equipment to $3,925.
Mr. Bischoff made a motion to fund up to $3,925 out of the City’s budget.
Mrs. Desch seconded the motion.
Mr. Orr asked what fund it will come out of.
Mayor Roll answered the parks budget.
Motion Passed

Relay for Life, Fireworks Variance;   Relay for Life decided not to ask for variance.

COUNCIL ACTION/DISCUSSION

Rural development Draw # 1 approval; Mrs. Benson made a motion to approve draw #1.  Mr. Orr seconded the motion.  Motion Passed

Update on Flower Creek Dam, Ryan Jones of Morrison-Maierle Ryan Jones of Morrison Maierle gave a report on the Flower Creek Dam. Mr. Jones stated they will be mapping out a complete funding strategy for the Flower Creek Dam.  Mayor Roll asked about the Early Warning System.  Ryan Jones stated he has not heard anything about the funding from the State.  Mayor Roll stated if we don’t hear something soon we will need to check on it.  Ryan Jones stated they will continue to move forward and try to find funding for the Flower Creek Dam.  Mr. Jones answered more questions about the Flower Creek Dam including funding and access to the back side of the Dam.

Update on Splash Pad; Ryan Jones of Morrison-Maierle spoke about the Splash Pad at Fireman’s Park.  Ryan stated they have the plans, specs and application completed and are waiting for one last piece of information to finalize things.  Ryan Jones asked the council to consider a contract for zero dollars and stated they are happy to give their time to this project.  Mr. Jones stated all they ask is to get a liability waiver on the project so if something were to happen they would be released of liability.

Update on Cabinet Heights; Ryan Jones stated that last week they had a walk through at the Cabinet Heights Project and there were several things to fix.  Mr. Jones stated they would send a list to Edstrom giving them, 30 days to correct the deficient work found at the Cabinet Heights Project after that the City could hire someone else to do the work at Edstrom’s cost

Ryan Jones also gave a report on the Waste Water Treatment Plant Project, stating everything was going well.

Mayor Roll stated himself and Jim Hammons talked to Rebecca Thomas of EPA today.  Mayor Roll also handed out grading plans for River Front Park.  Mayor roll stated he would like to have a meeting this Thursday night at 5:30pm and have a phone conference with WGM and EPA to make some decisions.  Mayor Roll stated decisions need to be made by the council as to whether the City wants to move the road at River Front Park this year, whether we want to do 6” or 12” common fill prior to the 6” of top soil that the city will put on and decide WGM’s scope of work.  Mr. Orr stated that the EPA will come in and do their clean-up and then all that is required of us to move the road would be to add 6” of structural fill.   Mayor Roll also brought up the railroad spur and stated there is still a railroad spur on city property, but it is not in good shape.  The Mayor stated the railroad from our property onto BN property was taken out a couple of years ago.  Mr. Orr stated it has been four or five years ago.  Mayor Roll stated that from talking to previous council etc. BN assured that they would reconnect that spur.  Mayor Roll stated he asked EPA to test the area of the rail spur because he didn’t know how well it was cleaned and thought there may be cross contamination.  Mr. Orr stated that all they did was throw an inch of crush over the ties.  Mayor Roll stated that he had told EPA that the quality of clean-up has not been the best.  Mayor Roll said he is making a point to council and that he made a point with EPA that they need to test and clean it again.  Mr. Orr stated that someone has demoed that line sometime this last winter on City property.    Mayor Roll stated that the most critical area is whether we move the road this year.

Mrs. Benson stated that the round up for safety grant states the project has to be completed before they will give their grant funds to us.

HEAR FROM THE PUBLIC

None

ADJOURNMENT

Meeting was adjourned at 7:45pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook

APPROVED

SPECIAL COUNCIL MEETING THURSDAY, MAY 19, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:35pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mrs. Benson, Mr. Bischoff and Mrs. Lawrence were present.  City Attorney, Jim Reintsma, City Administrator Jim Hammons and City Clerk Glena Hook were present.  Melissa Matassa-Stone of WGM, Mike Cirian of EPA and Nick Raines of CDM were present.  Attorney Alan Payne, Rebecca Thomas of EPA, Larry Scusa of MDEQ, Lisa Dewit of MDEQ and Carolyn Rutland of MDEQ were also present per phone.

The subject of the meeting was whether the City of Libby wanted to move the road at River Front Park, OU1 site.  The topics discussed were about the Petroleum leak at the area of the old underground storage tanks, the proposed underpass for pedestrians at the River Front Park, the railroad spur, restoration of River Front Park, use of Restoration funds to be received from EPA and toilets at River Front Park.

Melissa Matassa-Stone of WGM gave a hand out and reported to the council on the River Front Park’s service road relocation and hardscape areas-design, construction, services and certification.

Peggy Williams made a motion to proceed with moving the road at River Front Park.
Vicky Lawrence seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

Mike Cirian of EPA asked how the city wanted the boat ramp at River Front Park to go back.

Nick Raines of CDM will complete a final design within a couple of weeks for EPA and then they will be able to provide new estimates on restoration funds.

Rebecca Thomas stated the EPA would do sufficient excavation at the railroad spur site.  Mayor Roll asked EPA to put something together concerning the railroad spur.  Rebecca Thomas stated yes they would address it.

The meeting was adjourned at 5:25pm.