THE 1320th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, FEBRUARY 1, 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, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy Clerk Tanya Gehrke were also present.
Robert Mast of the Libby Amish Church offered prayer.
Mr. Orr made a motion to approve the Regular Meeting Minutes from January 19, 2010, with Mrs. Williams corrections of the spelling of deter, adding Davis Surveying representing the developer, and rewording the sentence to say Chief Smith stated that the two new patrol cars would not increase his budget as the current payment ends July 2010 and new car payments won’t begin until January 2011.
Mr. Bischoff seconded the motion.
Motion passed
ANNOUNCEMENTS
None.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams wants to meet with Mrs. Benson and Mrs. Lawrence after tonights meeting to schedule a cemetery meeting. Mr. Roll asked Mrs. Williams about the Growth Policy. Mrs. Williams stated that she needs to meet with Kristin Smith, Lincoln County Planning about it.
Fire; Mayor Roll had the Libby Volunteer Fire Departments 2009 Annual Report which was given to Deputy Clerk Tanya Gehrke to file.
Resolutions/Ordinances; None
Personnel; None
Water/Sewer; Mrs. Benson reported that herself, Mrs. Lawrence and Mrs. Desch toured the Sewer Treatment Plant along with Walt McElmurry, Phil Schad, Mike Voorhies and Jason Weber on February 1, 2010. Ryan Jones, Bill Buxton, and Diane Hanson of Morrison Maierle were also at the meeting. One concern that was addressed was the safety of the lift station located on Montana Ave. and 1st Street. Mrs. Benson handed out a report about their meeting. They will all be meeting again on Wednesday February 3, 2010 at 10:30 for continuation of the discussion about the PER (Preliminary Engineering Report). Mayor Roll stated that employee safety is the Cities number one priority.
Streets/Sidewalks; None
Budget/Finance; None
Police; None
Building; Mrs. Lawrence reported that they were asked to make a recommendation to the Council regarding Plumbing and Electrical licenses. They have spoken to the City’s Attorney who has been in touch with the State regarding licensing. The State of Montana has no code requirement to the City to enforce these licenses. The code is very clear in stating that any infringements on these licenses need to be reported to the State. Mr. Higgins said that he would be more diligent in making sure as building permits come in that the plumbers and electricians are licensed. Mrs. Lawrence stated that the City won’t be involved in policing these licenses.
ADMINISTRATION AND FINANCE REPORT
City Administrator Jim Hammons gave a brief overview of the Thomas Street project. He has been in contact with Apec Engineering out of Kalispell regarding bid packets. Bids will go to the newspapers next week. In regards to the incident that happened at the cemetery concerning the lowering device and uneven ground during the burial of Tyler Challinor Jim has written a letter of apology to Tyler’s mother Shanda Jennings. He has also met with Duane Tholen, City employee and Schnackenberg Funeral Home to discuss what the City’s responsibilities are out at the Cemetery. He is continuing to check in to the City’s responsibilities.
There will be no Finance Report since City Treasurer Glena Hook is home with Strep Throat.
UNFINISHED BUSINESS
DNRC-Right of way Flower Creek Watershed Project –Jim Hammons stated that it is up to the City to present a proposed amount to the DNRC for the right of way purchase which is .77 acre. He has been in touch with Jeremy Rank regarding the right of way issue and after checking in to similar right of way sales he has came up with a $4,000.00 figure. If this is too high the City can negotiate a charge. If the City were to have an appraisal done it would deter from any profit the City would make. Mrs. Williams asked if the right of way would be turned over to the Forest Service and Jim Hammons said that it would and that the road would be gated. Mr. Orr asked why it would revert back to the Forest Service and Jim Hammons said that at that time the State would not want any more to do with it.
Mr. Bischoff made a motion to proceed with the $4,000.00 charge.
Mrs. Lawrence questioned why the right of way wouldn’t revert back to the City.
Jim Hammons replied that the City would still own the property but not the right of way.
Mrs. Benson seconded the motion.
All approved.
Bentgrass Subdivision- Kristin Smith, Planning Director for Lincoln County spoke about the Bentgrass Subdivision. It is a 3 lot subdivision up on Cabinet Heights. Planning has recommended 9 conditions of approval with an amendment being made to one of them. The problem that is being dealt with is the slope of the property. Ken Davis of Davis Surveying addressed the Council and asked at what stage does the Engineering Report need to be completed? Should it be completed now at the preliminary plat stage or during the Building Permit process? Mr. Davis also had submitted 3 copies of letters from Davis Surveying to the Council regarding the Bentgrass Subdivision. He explained that a statement would be placed on the face of the plat that would state that a geotechnical report needs to be done prior to the issuing of building permits. Mr. Bischoff asked if you don’t have an Engineering Report prior to the filing of the subdivision how do you know that the property is safe to build on? Mr. Paul Bunn 360 Meadow Lake Drive Columbia Falls, owner of the property spoke and felt that it would be a waste of money to have the do the Engineering Report before the preliminary plat. Mr. Orr questioned if Parcel A might be unbuildable? He had an experience in 1996 dealing with the hillside and it was very unstable. He expressed concerns if the City doesn’t require a Geo Technical report done before approval. Mrs. Benson stated that if all of the criteria for approval as far as Kristen Smith, Planning Director, is concerned have been met to approve it with the amended condition #8, as long as a Geo Technical report is done prior to plat approval.
Mayor Roll entertained a motion.
Mrs. Lawrence so moved it.
Mr. Orr seconded the motion.
All were in favor.
1st reading of Ordinance #1751, Bicycle Traffic Safety – The first reading was done by Mayor Roll. It needs to be posted and there needs to be a public hearing. Mr. Bischoff questioned the misdemeanor charge for violation of it. It can be amended at the second reading.
NEW BUSINESS
5 Year Capital Improvements Plan for City of Libby-Jim Hammons reported that he has been working with Ryan Jones with Morrison Maierle as far as costs to put a plan together for the City of Libby. The plan may need to be extended to 10 years because some of the grant funding cycles only run every 2 years. The fee for a 5 year plan could be $2,500.00 with the cost for a 10 year plan going up to $5,000.00. The figures are lower because Jim has provided a lot of the information to Morrison Maierle.
COUNCIL ACTION/DISCUSSION
Council Approval to pay Payroll & Claims.
Mr. Bischoff made a motion to approve Payroll Claims.
Mrs. Williams seconded the motion.
Mr. Orr had a question on Alan Paynes claim. Alan had previously stated that he was volunteering his time and efforts to the City of Libby. Mr. Orr noticed a check issued to Alan Payne that was pretty generic on the explanation. The check was issued under the law firm name of Doney, Crowley, Bloomquist, Payne , UDA. The attachment on the claim said photocopies and Asbestos Contamination. Mayor Roll asked if we could have the conditional payment and request what this claim is for.
All voted in favor.
HEAR THE PUBLIC
Ryan Jones with Morrison Maierle wanted to clarify the cost for the Capital Improvement Plan. Ryan will be placed on the next meeting agenda.
Deborah Sprankel with Beartooth Mechanical 317 California Ave. Libby wanted to thank the individuals at City Hall for answering her questions on Business Licenses. Also thanks to Vicky Lawrence for including her in the Business License process and to Jim Hammons for his help in doing follow up work with the licenses. Following discussion on Plumbing and Electrical licenses it was stated that the City will not check to see if individuals are in violation of State licensing issues. The State inspector will have to be called and deal with the issues as far as State license requirements.
ADJOURNMENT
Meeting was adjourned at 7:55 pm.
_________________________ __________________________________
Mayor Doug Roll Deputy City Clerk Tanya R. Gehrke
THE 1321th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, FEBRUARY 16, 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, Mr. Orr, Mrs. Lawrence, 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 Libby Amish Church offered prayer.
Mr. Orr made a motion to approve the Regular Meeting Minutes from February 1, 2010
Mrs. Lawrence seconded the motion.
Motion passed
The Mayor asked to hear the public on issues on the agenda. Deborah Sprankel/Beartooth Mechanical of 317 California Avenue announced she had met with the building committee and believes they are going to make some recommendations for the Business License Ordinance. Mrs. Sprankel stated that Jim Hammons, City Administrator had made a statement that the new applications for Business Licenses could be brought before the council and the applicant asked to come before the council before the application is approved. Mrs. Sprankel is hoping that the committee will agree with Mr. Hammons suggestion and make it a part of the Business License procedure. Mrs. Sprankel also stated that there was one Business License application that she hoped the council would ask the applicant to come before the council and be asked questions before approving the license and the applicants name is Larry Hanson.
ANNOUNCEMENTS
Mayor Roll read a thank you letter from Montana Athletic Club for renewing their lease for two more years.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams stated the cemetery/parks committee did have a meeting. Most of it was discussion and compiling a list for weed spraying, skateboard park, unsafe equipment at Firemen’s Park, the possibility of the new garden club helping with the eagle triangle and discussion of updating the agreement for use of the Fred Brown Pavilion.
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; Mrs. Lawrence announced that the committee met with the City Attorney and discussed some issues. Mrs. Lawrence stated that in going back to the previous meeting the city should not be involved in the regulation of the State electrical and plumbing licenses. It was also recommended that the city would not pull a city business license for non compliance on the state level. Mayor Roll asked if there was any reason why. Mr. Orr stated that this was a state issue and in the economy we have “none of us is going to do that to our neighbors.” Mr. Orr stated it was a state enforcement issue. Mrs. Lawrence stated that perhaps they could clarify some issues in the City Business License Ordinance and the Ordinance Committee is going to look into it. Mrs. Williams stated that she had spoke to Barb and Bill about getting together and having a committee meeting to discuss some leftovers in regards to the business license ordinance. Mrs. Lawrence stated they are going to develop a policy in regards to steps to be taken concerning business licensing. The Mayor asked Mrs. Lawrence if she could have that put together by the next meeting and bring the recommendations to the council.
Water/Sewer; Mrs. Benson stated that on February 3rd herself, Mrs. Lawrence, Mayor Roll and City Administrator Mr. Hammons toured the waste water facility and discussed the PER and how it will prioritize the problems we need to address throughout the entire system. Mrs. Benson also stated that they will be a Public Hearing on March 3rd at 7:00pm regarding the ongoing waste water PER report.
Lights/Streets/Sidewalks; None
Budget/Finance; None
Police; None
UNFINISHED BUSINESS
Montana Department of Transportation council approval; Mayor Roll turned the floor over the Jim Hammons, City Administrator to explain to the council. Jim Hammons explained to the council the Hwy 2 pavement preservation project the State is proposing. Mayor Roll explained the form for approval is just a standard form that the state sends out and that it is not limiting the city as to type of design or giving them authorization to do this particular work. Mr. Bischoff commented that he was a little concerned with the statement in the form that the city is required to maintain any sidewalks that they refinish or redo. Jim Hammons, City Administrator was asked to clarify with the state and get back to the council at the next meeting.
Ordinance # 1751; The council decided to postpone the Public Hearing and final reading of Ordinance # 1751 until amendments have been made to resolution. City Attorney, Heather McDougall will amend the resolution to define the area to be covered by Ordinance # 1751 to be read at the next meeting.
NEW BUSINESS
Western News, Fire Suppression; Mayor Roll stated that he didn’t think this needed to go to the council for a vote. Mr. Hammons stated that he had a letter from City Building Inspector, Ron Higgins stating that the size of the area in question for fire suppression was now just storage area and the square footage of the area is only half of what is recommended for fire suppression. Mr. Hammons stated that Mr. Higgins said the Western News no longer needs the fire suppression per code. Mayor Roll stated that with Fire Marshall approval the fire suppression could be disconnected if everything goes ok according to him. Mrs. Williams stated that she appreciated them coming to the council for approval. There was no vote but the council did not disagree.
Ryan Jones/Morrison-Maierle, of 125 School House Loop, Kalispell spoke to the council about the Capital Improvement Plan. Mr. Jones stated that the Plan would run $5000 with City Administrator, Jim Hammons help. Mr. Jones also spoke about the need for rehabilitation of the Montana Avenue lift station. Mr. Jones gave the council three finance options for rehabilitation of the lift station
Mr. Bischoff made a motion to approve Morrison-Maierle to go ahead with the 10 year Capital Improvement Plan for $5000.
Mrs. Lawrence seconded the motion.
Motion Passed
Dolly Purdy spoke to the council about the all 50’s class reunion on July 30-31, 2010. She asked the council to consider a banner to welcome the 50’s class reunion. Jim Hammons was asked to get together with Mrs. Purdy and figure out what the city might be able to do to help. Larry Morrell spoke to the council about the all 50’s class reunion and stated he hoped the city would be supportive. He also stated that the 50’s class wanted to have a parade etc.
Variance, Caroline Canavan, was not present. The mayor asked Clerk Glena L. Hook to contact Caroline Canavan and ask her to be present at the next meeting.
Cabinet Heights Project Draw for Morrison-Maierle;
Mrs. Williams made a motion to approve the Cabinet Heights Project Draw for Morrison-Maierle.
Mrs. Benson seconded the motion.
Motion Passed
Approval of Business Licenses received to date;
Mrs. Lawrence made a motion to approve the Business Licenses received to date.
Mr. Bischoff seconded the motion.
Motion Passed
COUNCIL ACTION/DISCUSSION
Mr. Orr commented on his concerns that the public was now able to comment at the beginning of the meeting about what was on the agenda and that he didn’t want to see the public not be able to comment during the meeting. Mayor Roll stated that the public would be able to comment during the meeting also.
HEAR THE PUBLIC
Alan Olsen/Antler Tree Nursery of 33692 Hwy 2 asked the council where getting cameras on Mineral Avenue stood. Mayor Roll stated that it was being looked into as to whether the cameras would work for what they would be needed for. Mayor Roll stated that the first set of cameras did not do well in the dark and that Police Chief Jim Smith was going to look at some others that might. The Mayor also stated that it would be on the agenda next month and if the council wanted him to continue then he would go to the businesses and ask them if they are willing to continue with this. Mayor Roll said at any point in time we could stop this process and that everybody is going to have a say in it. Mayor Roll said that Police Chief Jim Smith found a $25,000 grant to help with the camera project if the choice is to continue.
Rhonda Miller of 609 Louisiana Avenue, stated she was concerned about the Bicycle Ordinance and glad to hear that the council is looking at a more restricted area because she lives on Louisiana Avenue and has young children that like to ride their bikes on the sidewalks. She stated that the cars do not look out for even the adults riding. She stated that the problem is that the drivers don’t understand the hand signals given by the cyclists. She stated that there needs to be a lot more education for motorist about cyclists. She also asked who was going to be fined for this. Mayor Roll stated that the council was looking at changing the fines to civil instead of criminal. Mayor Roll also stated that they were going to look into confining the Bicycle Ordinance to the Business District. He stated that there is state law governing bicycles. Mrs. Williams stated that she had talked to Police Chief Jim Smith about giving bicycle safety classes and he told her that they would have to get someone certified to do it before they could.
ADJOURNMENT
Meeting was adjourned at 7:48 pm.