THE 1332nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 2, 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, Mrs. Lawrence, Mr. Orr, 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.
Roy Yoder of the Amish Church offered prayer.
Mayor Roll asked for the Approval of the Council Minutes from the Public Hearing July 19, 2010 and Regular Meeting July 19, 2010.
Mr. Bischoff made a motion to approve the minutes for Public Hearing and Regular Meeting Minutes on July 19, 2010.
Mrs. Desch seconded the motion.
Motion Passed
ANNOUNCEMENTS
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams announced there were a couple of issues with the cemetery, one being the agreement that the committee would like to put into place with the funeral home concerning who’s responsibility it is to do what. The other issue is locking and unlocking the gates at the cemetery. Mrs. Williams talked to Corky Pape the Parks/Cemetery supervisor. Mr. Pape mentioned putting a walk through at the gates to let people walk in but preventing driving in. Mrs. Williams also stated there was talk of putting pads down to prevent headstones from damage by equipment used to maintain the cemetery. Mrs. Williams said that Mr. Pape stated that only one or less headstones are damaged per year and having to put down pads before opening and closing of graves mowing/maintaining the cemetery would increase the time to mow the cemetery from 2 hours to 6 hours thus increasing expenses for manpower and also the cost of the pads. Mrs. Williams also stated that the tables are getting moved around and stacked around at the River Front Park and it is unknown who is doing it. Mrs. Williams stated there have been suggestions to chain the tables to the posts at the River Front Park to prevent moving them very far and if renters wanted to move them they could get a key from the city. Mrs. Williams also spoke about dirt and how to grow grass at the cemetery and park. Mrs. Williams said they talked about using some sludge but that brought up some questions. Mrs. Williams stated she would like to investigate bringing some top soil down from Olney and mix it in with our soil to use for the parks and cemetery. Mrs. Williams stated that eventually we would like to get an agreement on locking or unlocking the cemetery, the funeral home agreement and soil for the parks and cemetery. Mayor Roll said it would be put on the next agenda.
Fire; None
Resolutions/Ordinances; Mrs. Williams stated Heather (City Attorney) had passed her some Ordinances to take to the Ordinance Committee. The easiest one being removal of sections Q & R concerning the cemetery rates and making the rates set per Resolution. The committee recommends going ahead and taking forward for approval. Mrs. Williams stated the next two involved snow removal and the question about that is the ordinance is phrased as downtown streets both as impounding vehicles and not putting the snow burm back out into the street. Mrs. Williams stated that we do impound vehicle from all city streets not just downtown streets so the recommendation is to reword the ordinance to include all city streets. Mrs. Williams stated they could not find an ordinance concerning the snow being pushed back into the street. Mayor Roll stated there was an ordinance under Street obstructions. Mrs. Williams stated the last one was referencing the International Fire Code and International Energy Code and they were going to put that one back in for more information. Mayor Roll stated it did not need to go before the committee it just needed to be rewritten properly into our ordinance.
Personnel; None
Building; None
Water/Sewer; Mrs. Benson stated because of the upcoming project at the Waste Water Plant they will be offering public tours, possibly Tuesdays and Thursdays after school starts, between the hours of 1:00pm and 4:00pm. Possibly an evening tour also. Once the timing has been worked out the City Administrator will be asked to write a newspaper article about the tours, times and upgrades of the Waste Water Plant. Mrs. Benson also stated there was a construction meeting on July 21st pertaining to the Cabinet Heights Project. Ryan Jones will talk about it later in the meeting.
Lights/Streets/Sidewalks; Mrs. Desch stated the committee met with Ron Higgins (Building Inspector) last Friday at Libby Floral on Utah and after doing some measurements the committee recommends the variance be granted with the recommendation that Libby Floral put in sidewalks that line up with the other sidewalks.
Ryan Jones of Morrison-Maierle spoke to the council about the Cabinet Heights Project and stated Edstrom is working on finishing up the hookups and finishing up work on the lift station. Edstrom will start going door to door tomorrow to each individual homeowner with a form to fill out. Ryan stated it was a way for them to make a punch list and make sure all the homeowners concerns were addressed. Substantial completion is still scheduled for August 4th. Edstrom Construction has filed for substantial completion on August 6th which will put them two days over. The plan of completion date will still be September 3rd. There is a pre-final walk through scheduled for this Friday at 10:00am. The city has the right to assess liquidated damages of $500 a day for each day past the substantial completion date. Ryan recommends the city consider waving the liquidated damage fees for two days with the right to reinstate them should the progress not be made. Start up services will happen this week. Mr. Orr asked about the time the council should consider waving the liquidated damages. Ryan answered that the council has some time to think about it and the next pay application would not be for a couple of weeks.
Budget/Finance; None
Police: Police Chief Jim Smith reported this last month there were 188 service calls, which was down about 10 from the average. Citations went up to 23. Arrests went up to 19 and are usually around 12. Mayor Roll wanted to congratulate the police department for doing a great job and for the timely arrests made for the two High School break ins. Chief Smith stated that because of the complaints in the Bowen Hill/Cabinet Heights area he has stepped up patrol in the area. Smith stated that this weekend they ran radar up there and everyone was pretty much within the 25mph speed limit. Chief Smith stated that he had talked about having that reduced to 10 or 15mph construction zone. The other concern the police have is concerning the cemetery and locking the gates. Chief Smith stated that if the cemetery gate is locked the police can not give any security, because unless they can drive through it is hard to see what may be going on inside the cemetery. Police Chief Smith stated they have identified the people who stacked the picnic tables down at the River Front Park. Smith stated it was the Class of 1990 reunion.
Finance Report; Glena Hook spoke to the council about the yearend closing and budgeting. She will have a preliminary budget ready for the council by the August 16, 2010 meeting.
City Administrators Report; City Administrator Jim Hammons reported to the council that at the “Big Dig” down on 6th and Main they will be putting in 355’ of 8” sewer line and have the permission from DEQ to go ahead. Mr. Hammons said from the RFQ that went out we only got back two submittals. Mr. Hammons would like the council to take a good look at them and go through them and he would like to have interviews with the interested parties next week. Two gentlemen from AMTRAK came in to talk to Mayor Roll and Jim Hammons on the 17th of June to discuss the moving of the depot. Jim Hammons stated he would like the Building Committee involved in it. Mrs. Lawrence wanted to know how the Main and 6th Street Project would be paid for. Mayor Roll answered that it would be split up between Streets, Water and Sewer.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
None
UNFINISHED BUSINESS
Variance, Shannon Edwards-Myslicki, Libby Floral;
Mr. Orr made a motion to approve the variance with a recommendation to put in a side walk but not required.
Mrs. Desch seconded the motion.
Motion Passed
Card Clinic-Fire Suppression; Put into water and sewer committee
Salary increase for Briggs and clerks;
Mrs. Lawrence made a motion to accept the committee recommendation to give Briggs an 11% increase and to not give the clerks any increase.
Mr. Orr seconded the motion.
Motion Passed
Fund Raiser Concert; Jim Hammons stated that due to lack of funding the concert was cancelled.
NEW BUSINESS
Thomas Street Project Budget overage; Mayor Roll stated that the council approved the usage of IP money to support the Grant money for the project last fall.
Ryan Jones, Morrison-Maierle reported on the Waste Water Improvement Project. Ryan stated the plans and specks have been submitted to DEQ and the last he heard we should be getting a response within a few weeks. Ryan suggested the council consider borrowing money from the ED Fund until we get the grant or loan funds.
Mr. Bischoff made a motion to consider borrowing ED Funds until the Grant money comes in or run budget into the red until we get Grant reimbursement to purchase Waste Water equipment.
Mrs. Lawrence seconded the motion.
Mr. Orr opposed.
Motion Passed
Ryan Jones, Morrison-Maierle talked about the options the city has concerning the Cabinet Heights Project roads. Mr. Jones stated there is still a lot of work to be done on the roads by Edstrom. Mr. Jones stated that there were a lot of complaints about dust and the kind of surface and gave the council an option to put 1” of asphalt over the double shot chip seal. The cost would be $80,000. Ryan spoke to the council about the following proposed costs;
1. Edstrom Construction would provide the aggregate & prep work
2. Lincoln County would do the paving for $10,000 of gravel for the next 4 years from the city
3. The City would pay $40,000
After a lengthy discussion a motion was made and withdrawn. Mrs. Lawrence and Mr. Orr stated they felt pressured and were not ready to make a decision. The subject is to be put on the next agenda to be talked about in two weeks.
Mr. Orr made a motion to support waving the liquidating damages and maintain the right to reinstate them should progress not be made adequately.
Mrs. Lawrence seconded the motion.
Motion Passed
Resolution # 1757 budget amendments for FY-10;
Mr. Bischoff made a motion to adopt Resolution # 1757 budget amendments for FY-10.
Mrs. Lawrence seconded the motion.
Motion Passed
COUNCIL ACTION/DISCUSSION
Council review Payroll and Claims for July 2010;
Mr. Bischoff made a motion to approve payroll and claims for July 2010.
Mrs. Desch seconded the motion.
Motion Passed
Approval of Business Licenses received to date;
Mrs. Lawrence made a motion to approve Business Licenses received to date.
Mrs. Benson seconded the motion.
Motion Passed
Edstrom and Morrison-Maierle draw approval;
Mr. Orr made a motion to approve the Edstrom and Morrison-Maierle draw request with the conditions that were set previously relating to lean waviers.
Mr. Bischoff seconded the motion.
Motion Passed
HEAR THE PUBLIC
Phillip Bigelow of 415 E. 10th Street, Libby spoke to the council about changing the noise and parking ordinance. Mr. Bigelow passed out a petition with several signatures complaining about the noise from trucks parking along the streets in front of their houses running their refrigeration units all night. Mr. Bigelow also passed out a petition to change the city’s parking ordinance and add a noise ordinance. Mayor Roll put it in the ordinance committee to be looked into further.
Dick Tracey owner of the Rainbow Apts. spoke to the council about the need for a noise ordinance.
Karen Lyon resident of the Rainbow Apts. spoke to the council about the noise from the trucks running their refrigeration units all night causing her to lose sleep and causing her headaches.
Art Eaton of 803 Main, Libby made a complain to the council about the noise by Copper Creek stating that trucks park along the street and leave their vehicles running.
Mike Carter of 667 Cabinet Heights Rd. stated his complaint to the council about the roads in the Cabinet Heights Project. Mr. Carter stated that on his road and down Vista the road is nothing but cut out sections patched together and he would like the roads put back the way they were. Mr. Carter also complained about people speeding in the area.
Mike Klaesson of Cabinet Heights Road, Libby spoke to the council about speeding in the Cabinet Heights area and would like to see speed bumps and construction signs put up.
Allen Olsen of Antler Tree Nursery asked the council how long before the dead trees were going to be removed from Fireman’s Park and the Middle School. Mrs. Lawrence stated that the dead trees could not be removed before the DNRC inspected them.
ADJOURNMENT
Meeting was adjourned at 8:50 pm.
_________________________
Mayor Doug Roll
Attest;
_____________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING AUGUST 9, 2020 6:00PM IN THE PONDEROSA ROOM
Mayor Roll called the Special Meeting regarding the Cabinet Heights Road Improvement Project to order at 6:00 p.m. Mayor Roll and Council Members Peggy Williams, Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present. City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke were also present. Mayor Roll led the Pledge of Allegiance.
Mayor Roll opened the meeting by addressing the fact that the residents of the Cabinet Heights area have had to put up with a lot over the past year. He stated that he was going to address the problems in a letter that Judy Mattot handed him before the meeting. Watering was a big issue-there was either too much or not enough water on the road. Because there was too much water put on the road next came the problem of potholes. Last week Jim Hammons, City Administrator, Ryan Jones with Morrison Maierle, Corky Pape, City Street Supervisor, and Mark McCully, County Road Foreman got together to make a plan to get the road to an acceptable standard. They came up with using a 1” asphalt overlay which will be laid after the road is leveled. The County has offered to lay 1” overlay at no cost to the City. Issues have come up about the City crews doing the work. After discussing this matter with Corky Pape, Street Supervisor, it was stated that the City doesn’t have enough equipment or manpower. Mark McCully, County Road Foreman stated it would take 7 dump trucks and 7 operators to keep up with the asphalt paving machine. Also it needs to be taken into consideration the other projects that the City crews are working on at this time, one of which is the major dig on Main and 6th street. Work on hauling gravel to the site needs to start soon as work will begin the week of August 23, 2010. Mayor Roll met with George Neimi of Kootenai Paving last week. Because Kootenai Paving is behind on their Economic Development Grant payment Mr. Neimi has offered to reduce his bill by 33% which would amount to $25,000.00 to $30,000.00. Mr. Neimi came in last week and paid $4,800.00 for Kootenai Paving rent so at this time they are paid current. Also the question of why the big hurry has came up. Mayor Roll stated that the residents up on the hill could tell us what the big hurry is! Another issue is the manhole problem. Some are too high, some are too low but most of them need to be adjusted in some way. It was stated that the $55,000.00 payment could come from Economic Development money or International Paper money. The Council will decide where the funds will be paid out of.
Mr. Bischoff made a motion to proceed after completion of the contract responsibilities of Edstrom with a 1” overlay on the Cabinet Heights project and payable as the Mayor explained tonight.
Mrs. Desch seconded the motion.
On a personal note Mayor Roll stated that we need to do what is right for the citizens on the hill. At this time Mayor Roll asked the council if they had any questions?
Mrs. Williams: Was confused with Edstrom’s crush and how it fit in to the overall cost or not of the project. She also questioned how much was not done prior to the double shot chip sealing on the road which lead to problems associated with the construction of the road?
Mrs. Lawrence: She stated that she has been up checking out the roads and Scenery Loop seems to be much better that the other roads. It was smooth and looked solid and she wondered why it was in such good condition compared to the others which are all uneven. Brian Edstrom explained that traffic and water both depreciate the road surface and that his subcontractor may have done a better job on Scenery Loop. Mrs. Lawrence then asked Ryan Jones of Morrison Maierle if he agreed with Brian Edstrom’s assessment of the road and that water was the cause of the inadequate road? Ryan felt that water wasn’t good for the road and that it didn’t have adequate drainage during construction.
Mr.Orr: He wanted to clarify a few things. Overlay is separate from the contract and that the contractor has no obligation in the overlay and ultimately will fulfill the terms of his contract. Also that the City has already agreed to a $100,000.00 upgrade to the road. The road has a 6” base, filter fabric or stabilization fabric under it and chip seal over the top of it. This road is now specified better than 95% of the County roads. Mr. Orr questioned as to why a County road representative wasn’t present for this discussion and Mayor Roll stated that Mark McCully is on vacation and the next in line wasn’t comfortable coming to the meeting. Mayor Roll again stated the cost of $80,000.00 was verified by the County. Next year the road will require a wear surface and Mr. Orr was wondering if this had been discussed? Mr. Orr asked if Mark McCully was the person that brought this original proposal to the City? Who at the county specifically speculated the $80,000.00 cost? Ryan Jones stated that Tony Berget did. Mr. Orr asked if there was an estimate of the cost to bring the road up to spec’s? Mr. Orr asked Mr. Neimi if a 1” overlay would correct a 2% crown? George explained that over the course of the next 20 to 30 years he feels it will be necessary for this road to be chip sealed 2 times. It is all about the adequacy of the road surface as far as how the road holds up. Mr. Orr questioned who will pay for the chip sealing? George Neimi explained that he couldn’t speak for the contractor and that this is called a change in the character of the work. He also stated that Kootenai Paving offers savings to the County and other government agencies. Mr. Orr questioned why the City isn’t using their equipment and crews? He stated that there are trucks all over town and we could hire some local contractors to do the work. Mayor Roll explained that this would add to the cost of the contract. Mr. Orr then asked if the County is doing this work for free at no other cost other than the $55,000.00? Mayor Roll said that he had spoken to Mark McCully with the County and there are no additional costs-only the cost of the materials. The City crews don’t have enough equipment or manpower and the County is willing to work with us on this project. Mr. Orr then questioned if the County is our contractor will the road meet spec’s at 2%? Brian Edstrom explained that after going through the project with Mark McCully there are some transition areas that need work and that he is responsible for the 2% crown. Another question was isthe City pushing ahead before the double shot is cured? George Neimi stated the harder the base the better the overlay will be.
Mrs. Benson: We are hearing a verbal agreement between Edstrom Construction, the County, the City and Kootenai Paving. Is there going to be a formal agreement written up? She stated that construction is not her expertise but she is very happy to see the cooperation among all who are working for what is best for the people up on the hill.
Mrs. Desch: No questions.
Mr. Bischoff: He feels we need to move forward as the residents up on the hill have had enough to deal with. He agrees with Mrs. Benson as far as the cooperation and it is saving taxpayer money. He will later amend his motion as far as Edstrom’s costs.
Mayor Roll then opened the meeting for residents to voice their questions and concerns.
Those who voiced concerns were:
Neil Textor of 272 Cabinet View Country Club Road
Wendy Berry 150 Scenery Road
K. C. Hoyer 168 Cabinet View Country Club Road
Karee Sweedman 25 Highwood Drive
Vicky Randall 254 Cabinet View Country Club Road
Bob & Kathy Jenkins 118 Scenery Road
Tina Green 58 Highwood Drive
Kevin & Mary Miller 114 Highwood Drive
Hubert Wart 176 Highwood Drive
Terry Kelly 163 Highwood Drive
All voiced concerns and the general consensus is that they all want the road paved. Other issues that were brought up were how the road will hold up, workers lack of communication with residents, they were told they would have sidewalks and street lights, transition areas such as manholes and driveways not being finished, where is the additional money from their tax increases going, and whether there are any other City roads not paved only chip sealed? It was stressed by the residents that they hope that the City and the Cabinet Heights residents are working together for what is best for them.
Non residents that voiced concerns were Dan Rohrer of 123 Swede Gulch Drive, Judy Matott 190 Parmenter Avenue and Alan Kahnt of 216 W. 9th Street.
Mayor Roll asked once again for discussion with the council.
Mrs. Williams: None.
Mrs. Lawrence: None.
Mr. Orr: Always! Residents were promised a “pig in a poke” and he apologized and said this Council is doing everything that they can to rectify the problems. The lesson here is to get everything in writing. What is the source of the funds to be used for this project? Mayor Roll stated that they could come from Economic Development funds or International Paper funds. Mr. Orr would like a Letter of Memorandum so the costs can be nailed down. One thing that was brought up was that the City is cash strapped and the City is not cash strapped. The City may not know how much money is in those funds but the city isn’t cash strapped. Mayor Roll stated that the City knows exactly how much money is in those funds and Mr. Orr stated that he has asked for details on budget reports and he never gets them. Mr. Orr then again stated that he would like a Letter of Memorandum from the County because they were not represented tonight and that he is ready for a vote tonight on this issue. He asked that the original motion be read back as it is now being amended. Mr. Bischoff will have to make the amendment as he made the original motion. One final comment is that if the County is doing the work at no cost why go through the County at all, why not deal directly with Mr. Neimi of Kootenai Paving? Why pay a middleman? Mayor Roll said we can pay Mr. Neimi directly, it is not a problem. If Mr Bischoff is amendable to amending his motion and the City is not cash strapped as the International Paper money was about $1.3 million Mr. Orr feels that it sort of muddies the waters with trading and he would prefer to see it clean. Mayor Roll stated that it is up to Council and if they so choose, it will be voted on by them.
Mrs. Lawrence asked if the Council would make a decision tonight on where the money would come from if they decide to do the paving job? Mayor Roll stated that it would be placed on Monday nights agenda but a Letter of Agreement will be done by tomorrow so each council person will be able to look at it and make sure everything on it is OK so it can be presented at Monday nights meeting. Mayor Roll said the funds do not have to come from the County that they can be taken out of Economic Development funds, International Paper funds or the General fund. He recommends that we wait until City Clerk/Treasurer Glena Hook gets back from vacation so we can see where things stand as far as money goes at this time. Mr. Orr stated he had no further questions.
Mrs. Benson: Was hoping to reiterate the agreement and effort between everyone and is hoping that this is just an example of many times in the future where groups can come together to fix a problem. She thinks that this is a great thing!
Mrs. Desch: She totally agrees with Mrs. Benson. We all should work together and we are all now a part of the City and we need to have the best possible roads for you. Mrs. Benson then stated that she thinks of City residents as County residents as well and that we do need to work together.
Mr. Bischoff stated that he will amend his motion and Mayor Roll stated that we need to make sure that it is right. Mr. Bischoff stated hopefully to satisfy some of Councilmen Orr’s concerns so he’ll support the project so we can move forward and help these people I will amend the motion that the City pays directly to the asphalt company, Mr. Neimi, after we negotiate what he is going to take off his loan and also at the completion of the project that our Engineer calculate the savings to the contractor and that be deducted from his final statement and with the offset of the gravel. Also the written proposal will be presented Monday. Mayor Roll said that Monday’s discussion will be about the financing.
Mrs. Benson Seconded the motion.
All voted in favor.
The meeting ended at 7:43pm.
___________________________
Mayor Doug Roll
Attest:
_____________________________
Deputy City Clerk, Tanya R. Gehrke
THE 1333rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 16, 2010 @ 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, Mrs. Lawrence, Mr. Orr, 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.
Robert Mast of the Amish Church offered prayer.
Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting August 2, 2010 and Special Meeting August 9, 2010 minutes.
Mrs. Williams made a motion to approve the minutes with changes.
Mr. Orr seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll stated that Eric from Montanore Mine gave a report on the grizzly bear study that Montanore had done and stated he was going to try and get him down to the council next month to give the council an overview. Mayor Roll stated that their contention is that there are quite a few more grizzly bears than what we are being told.
The Mayor stated he got notice from Ryan Jones of Morrison-Maierle that DEQ had approved the City’s Waste Water Improvement Plan.
The Mayor stated that Dave Cosgriff wants to come and talk to the City Council about the IP drilling to test the water.
Mrs. Williams announced that there will be a Planning Board Meeting on August 30, 2010 at 6:00 in the Council Chambers.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams announced that they had talked about writing a letter to Health and Human Services over the Splash Pad. Vicky Lawrence had put a copy in everyone’s box concerning moving forward with the Splash Pad at Fireman’s Park. Mrs. Williams went on to say that she did not know how the process works but Vicky had written a very good letter about all the issues concerning the Splash Pad.
Fire; None
Resolutions/Ordinances; Mrs. Williams stated that the noise issue is still in committee and she had not had a chance to talk to the City Attorney yet.
Personnel; None
Building; None
Finance Report; City Clerk Glena Hook stated to the council that the budgets were further down on the agenda, but wanted to report that the final list of Businesses who have still not paid for their Business Licenses has been given to Police Chief Smith and that Chief Smith had commented that no citations could be given to Businesses outside the City Limits unless the Businesses are caught doing business inside the City Limits. Mrs. Hook stated there were a few Businesses on the list that were outside the City Limits. Mrs. Hook also reported that during the audit the water agreement with Cabinet View Country Club could not be located but now has been located. Mrs. Hook also stated that she would like the committee to look into the agreement and there looks like there is some back water bills that may need to be billed. Mayor Roll put it in the Water Committee.
Water/Sewer; Mrs. Benson reported that the committee had a meeting this morning and that they discussed the Susan Feeback request. Mrs. Benson stated $952.28 had been previously reduced from the Feeback’s bill for broken water pipes and that currently the Feeback’s owed $2,710.70 due to broken water pipes. Mrs. Benson reported that the committee recommends that if the owners come in and set up a payment plan with the city within 1 month, the city would waive the interest fees of $292.01 reducing the bill to $2,418.69. If the owners do not come in within a month and set up a payment schedule then interest fees and penalties would be reinstated.
Mrs. Benson stated there was one more issue that the committee discussed pertaining to the C.A.R.D. Clinic water bill. Mrs. Benson stated the C.A.R.D. Clinic did inherit a delinquent bill with the Magic Cleaners building. Also there is currently a tax lien in the amount of $5,169.78. The current city bill as of today is $1,561.80. Mrs. Benson stated the committee recommends that if the owners come in and set up a payment schedule with the city within 1 month, the city would waive the interest fees of the current bill and the tax lien interest amount. Interest fees for the tax lien amount are $1,159.22 and interest for the current city bill is $245.05 for a total reduction of $1,404.27. If the owners do not come in within a month and set up a payment schedule with the city then the interest fees and penalties would be reinstated. Mayor Roll stated he thought the C.A.R.D. Clinic may have sold the building and Mrs. Benson said she could check and see at the Clerk & Recorders Office.
Lights/Streets/Sidewalks; Mrs. Desch stated she had received a report from Greg and Susie Rice concerning the bike path. Mrs. Desch said she hadn’t had a chance to review it or go over it. Mrs. Desch said Susie Rice had some suggestions and had talked to some of the Businesses on the way they want to reroute the bike path and as soon as she has reviewed the suggestions she will bring it to the council.
Budget/Finance; Mr. Bischoff reported that there is a Budget/Finance Committee Meeting on Monday, August 23, 2010 at 5:00pm at City Hall.
Police: None
City Administrators Report; The Mayor asked Jim Hammons, City Administrator how the 6th Street Project was going. Mr. Hammons reported that it was going slow but about 1/3 of the sewer line was in and when that was finished they would start the water line.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
Alan Kahnt asked the council about item number 12 on the agenda, preliminary budget approval. Mayor Roll said that the preliminary budget would be approved by the council and it was not final.
UNFINISHED BUSINESS
Cabinet Heights funding of asphalt; Mayor Roll announced the council had a meeting last week and decided to lay the asphalt at Cabinet Heights and stated they needed to discuss how the project would be funded. Mrs. Williams stated that is was proposed to use IP money and asked if there was any chance of funding the asphalt out of the regular budget. Mayor Roll answered no there is not enough money in the budget to fund the project. Mr. Orr asked if we ever got a price per ton on the aggregate. The Mayor answered yes and that it was coming up on the agenda under the letter of understanding. Mrs. Lawrence asked about the original plan and had some input on how she thought the payments should be calculated. After it was explained it was decided that the City would only have to come up with around $15,000 cash after 1/3 taken off the total, the county would pay $40,000 and the City would pay back the County with gravel at $10,000 worth of gravel a year for 4 years with 1/3 of the total to be paid to the Niemi loan and the balance paid to Kootenai Paving (Niemi). Mayor Roll asked where the city would like to pay the $15,000 out of. Mrs. Lawrence stated she does not believe the money should come from the IP money and prefers using ED money. Mr. Bischoff agrees with Mrs. Lawrence. Mrs. Desch agrees with Mrs. Lawrence. Mrs. Benson agrees with Mrs. Lawrence. Mr. Orr did not agree with Mrs. Lawrence and believes it should come out of the IP money. Mrs. Williams would prefer to use ED money instead of IP money.
Mrs. Lawrence made a motion to fund the asphalt project on the hill by allowing the County to fund $40,000 with the City reimbursing the County with $40,000 worth of gravel over four years and the City to pay the remainder of which would be $15,000 to be taken out of the Economic Development Fund after the 1/3 is taken off the total to be used to pay on the Kootenai Paving (Niemi) Loan.
Mrs. Williams seconded the motion.
Mrs. Williams asked if the $80,000 price tag was pretty firm.
Mayor Roll answered it was a projected cost.
Mrs. Williams asked if it runs over that how it would addressed.
Mayor Roll announced that they would discuss it if it happens.
Mr. Orr asked about material for material trade and if we knew what material we are using.
Mayor Roll answered that yes we do and they would get to it at the letter of understanding.
Mayor Roll stated the County has enough gravel to use for the project.
Mrs. Williams asked if they were still expecting to start next week.
Mayor Roll answered yes as far as they knew.
Mr. Orr asked what size of material they will be using.
Mr. Hammons answered ½”.
Mr. Orr asked why they couldn’t just put a cap on this.
Mr. Hammons said they could.
Mrs. Benson asked did the city pay to have gravel crushed.
Mayor Roll answered yes.
Mrs. Benson said so when we reach that point we would be returning $10,000 of crushed gravel to the County a year for four years.
The Mayor answered yes.
Mrs. Desch had no comment.
Mr. Bischoff had no comment.
Motion Passed
Cabinet Heights Project grinder pumps responsibility; Mayor Roll stated he would like the city to be responsible for the grinder pumps at the Cabinet Heights Project. The council input their feelings on the subject and asked some questions. The Mayor stated he would put it on the next agenda for a vote from the council.
Cabinet Heights, Letter of Understanding;
Mr. Orr made a motion to accept the agreement for the project on the hill.
Mrs. Benson seconded the motion.
Mrs. Williams stated she got most of her questions answered by Mr. Hammons earlier.
Mr. Orr stated that he would like the total projected cost of $82,250 be capped at that amount and that the County try to predict how the project is going early in the project and if they seem to be running over target that the undisturbed areas be left out.
Mrs. Benson stated that she agreed with the cap but trusted Marc McCully, County Road Foreman’s estimate.
Mr. Bischoff was not opposed to the idea of the cap.
The amendment to the motion was to put a cap of $82,250 on the project and if it looks like it is going over that the undisturbed areas be left out.
Motion Passed
NEW BUSINESS
Locking or Unlocking the Cemetery;
Mrs. Williams made a motion to instruct the Police to not lock the cemetery.
Mrs. Desch seconded the motion.
Mrs. Williams and Mrs. Lawrence agreed to defer to Police Chief Smith’s recommendation, that the cemetery could be better patrolled if the cemetery remained unlocked
Motion Passed
Funeral Home Agreement; Mr. Orr asked if the Funeral Home was in on the agreement. Mayor Roll answered somewhat and that it became an issue last year. Mayor Roll felt that opening and closing should be all that the city is responsible for and the agreement was to define this and to protect the city. Mr. Bischoff said he agreed with the agreement because it spelled out everyone’s responsibilities.
Mr. Bischoff made a motion to adopt the Funeral Home Agreement.
Mrs. Desch seconded the motion.
Mr. Hammons stated that he thought the agreement spelled out the legalities and that he did not believe it would change how things were being done, but if something does happen the agreement would state who is responsible for what.
Mrs. Williams stated that if the Funeral Home does not like the agreement that she would be willing to go back over it with them and make it agreeable.
Motion Passed
First reading of Ordinance # 1759 adopting the International Fire Codes, Building Codes and Energy Conservation Codes;
Mrs. Williams made a motion to approve the first reading of Ordinance # 1759.
Mrs. Lawrence seconded the motion.
Motion Passed
Approval of Preliminary Budget;
Mr. Bischoff made a motion to adopt the Preliminary Budget.
Mrs. Williams seconded the motion.
Motion Passed
COUNCIL ACTION/DISCUSSION
HEAR THE PUBLIC
Alan Olsen asked if the City has a weak or a strong mayor. Mayor Roll answered it was a combination and asked if Mr. Olsen had read the Charter. Mr. Olsen asked for a copy of the Charter. City Attorney Heather McDougall stated she had a copy she would get to Mr. Olsen if he would call and remind her.
Phillip Bigelow of 415 E. 10th Street, Libby asked the council what the current status of their petitions concerning excess noise in their area and handed out copies of journal entries made by one of the people that was being bothered by the excess noise. Mayor Roll stated that the noise concerns were still in committee.
ADJOURNMENT
Meeting was adjourned at 8:50 pm.
_________________________
Mayor Doug Roll
Attest;
_____________________________
City Clerk-Treasurer, Glena L. Hook
SPECIAL COUNCIL MEETING AUGUST 26, 2010 @ 5:00PM IN THE COUNCIL CHAMBERS @ CITY HALL
The meeting was called to order at 5:02pm by Mayor Roll. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present. Mr. Orr was not present.
Mrs. Benson, Chairwoman for the Water-Sewer committee announced that the committee recommended Morrison-Maierle Engineering to be the Engineers on the Flower Creek Dam Project.
Mrs. Benson made a motion to approve Morrison-Maierle as the Engineering Firm on the Flower Creek Project.
Mrs. Lawrence seconded the motion.
Motion Passed
Meeting Adjourned at 5:05pm.
__________________________
Mayor Doug Roll
Attest;
__________________________
City Clerk-Treasurer Glena Hook