THE 1343rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, FEBRUARY 7, 2011 @ 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 Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present
Tony Shaw of the Libby Baptist Church offered prayer.
Mrs. Orr made a motion to approve the minutes from Special Meeting January 18, 2011, and Regular Council Meeting January 18, 2011.
Mr. Bischoff seconded the motion.
Mrs. Williams asked that her motion made in the January 18, 2011 regular minutes include moving the placement of the Fireman’s Monument further to the west.
Mr. Orr spoke of a change he would like added to the minutes of the special meeting being the EPA using the Iris risk model standard.
Clerk Hook asked that the change be written down.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that Montanore Mine would be having an open house at the Flathead Valley Community College on Wednesday in room 113 from 5 to 7pm.
Mayor Roll also announced that Chief Smith and Judge Briggs would have an informal meeting to discuss Judicial Law and Law Enforcement with the council.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams stated that Robin Benson approached Libby Park Board for additional money for the playground equipment for Fireman’s Park and was successful in getting $2000. Mrs. Williams also stated that the report on the Cemetery would be under item #12 on the agenda.
Fire; Fire Chief Wood gave a Fire Report, 5 fire calls in the city, 1 fire call in the county.
Resolutions/Ordinances; None
Personnel; Mr. Bischoff reported that there would be a Personnel Committee Meeting Wednesday at noon.
Building; Mrs. Lawrence stated the Building Committee met to discuss a couple of Business Licenses that the council had questions about. The committee recommended to follow the City Attorney’s recommendation that the Liquor Store associated with the Cross Cut Casino be considered a secondary business and therefore required to purchase a secondary Business License. The committee recommended that the Gun Room be issued a Business License.
Finance; Clerk Hook gave a report on the Economic Development funds.
Water/Sewer; Mrs. Benson reported that the courtesy meeting with the Cabinet Heights Homeowners has been postponed.
Budget/Finance; None
Police; Police Chief Smith report all agencies that were called out during the Flower Creek flood did a great job. The Police Department had a 100% call out. Chief Smith reported that everyone did a very professional job and worked very well together. Chief Smith reported 237 cases, 60 citations and 22 arrests for the month of January 2011. Officer Sowa is still in academy and doing an excellent job.
Lights/Streets/Sidewalks; None
City Administrators Report; City Administrator Jim Hammons reported that DNRC had the Peer Review done by URS out of Denver, Co. URS went over the report that Morrison-Maierle did on the core sampling up at Flower Creek Dam. They also went up and inspected the dam and had a preliminary meeting. They will put together a written report and Morrison-Maierle will get the report and make a comment on URS’s findings.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
There was no public comment
UNFINISHED BUSINESS
Montana Float Loan, Keith Kinden; Mr. Kinden thanked Council Member Robin Benson for coming out to his business and taking the time to see what they do and invited all other council members to do the same. Mr. Orr wanted it remembered that he was out to Mr. Kinden’s business also. Mr. Kinden came before the council because he does not feel he can pay on his loan to the city at this time. Mayor Roll stated that the question tonight was how the council wanted to handle the payment and what council wanted to do with this. After council discussion it was decided that the council would have a CPA review Mr. Kinden’s books and report to the council the findings.
Mr. Bischoff made a motion to hire Mr. Stamy, CPA to look into the Montana Float Company’s books for the city.
Mr. Orr seconded the motion.
Motion Passed
NEW BUSINESS
Fire Committee recommendation on fire suppression; Mr. Orr reported the Fire Committee recommended that the Fire Suppression fees be waved and suggested the lost revenue be made up by increasing the hydrant fees by 75cents and possibly using some of the revenues from the river pump water fees. Mayor Roll stated that the city needed a recommendation on where exactly to make up the lost revenues by waving the Fire Suppression fees. Mr. Orr stated the first recommendation would be to use some of the fees collected off the hydrant at the river. Mrs. Benson asked what the fire suppression revenues were being used for. City Clerk Hook stated that the fire suppression fees were used as revenue for operation and maintenance expenses for the water fund. Mr. Bischoff was concerned about using the river water pump fees because he thought they were to be used to replace the water pump when needed. The council decided they would like to think about it. Mayor Roll stated it would be put on the next agenda.
RFP choices for River Front Park; The council stated their top three choices and the top three engineers to be interviewed were, WGM, RPA and Carver. Jim Hammons will send out letters and set up interviews.
Golf Course Subdivision, Kristin Smith; Mrs. Smith explained that the Cabinet View Country Club Phase II Subdivision was never finalized. Kristin Smith brought forth a letter from then City Supervisor Dan Thede stating what she felt, were conditions the city wanted before final approval. Kristin said that if the council felt that the subdivision was to be approved that the council could grant a one year extension until September 2011 as it should have been finalized by September 2010. Kristin stated the statutory language does say the extension could be longer provided there is a written agreement with the governing body. Kristin Smith recommended to the council that it be codified so it is in the city’s record. Mayor Roll stated what was being asked is if the council wanted to give a 1 year extension and set down with the subdivision people to see if they need more time. Mrs. Williams stated it was probably in everyone’s best interest to set down and talk with them and see if it can be worked out. Kristin Smith stated she would be happy to prepare a letter on behalf of the council to that effect. The council decided they would like to meet with the subdivision people. Mr. Orr questioned the conditions that Mr. Thede had written in a letter and asked if the conditions should still be part of the conditions of approval. Kristin Smith stated she would think so and stated the letter to the applicant might include the conditions. Mayor Roll stated that Kristin Smith should go ahead and draft the letter so the city could get it to the golf course.
Cemetery Regulations; Mrs. Williams gave copies of the committee recommendation to council. The recommendation stated the following; “After two meetings with Mr. Schnackenberg from Schnackenberg & Nelson Funeral Home seeking a resolution of the operation/ownership of the device used to lower caskets into the gravesites it is the recommendation of the cemetery parks committee that areas of responsibility be clearly delineated and that ownership and operation of the lowering device be the responsibility of Schnackenberg Funeral Home. The city will not compensate Mr. Schnackenberg for operation of his device. The Union contract with City of Libby employees prevents the city from operating the lowering device. MMIA recommends that ownership of the device by one party and operation of the device by a separate party blurs lines of liability should something go wrong.”
Mr. Bischoff made a motion to accept the committee recommendations.
Mrs. Lawrence seconded the motion.
Mr. Orr asked if Mr. Schnackenberg was in agreement on this.
Mayor Roll stated that an agreement was not needed and the city had tried to work with Mr. Schnackenberg before.
Mrs. Williams stated that the recommendation was the results of the two meetings with Mr. Schnackenberg.
Mrs. Williams stated that the city needed to clearly define ownership and operation of the device.
Mr. Orr stated that he would like to hear what Steve Schnackenberg has to say about this.
Mayor Roll again stated that the city does not need Schnackenberg Funeral Home’s agreement because it is the City’s Cemetery.
Mayor Roll stated that Steve Schnackenberg was involved in two meetings and at that time got to have his say.
Motion Passed.
Mr. Orr voted against the recommendation.
Resolution # 1771 Emergency 2-mil levy;
Mrs. Williams made a motion to approve Flower Creek Flood Resolution # 1771 Emergency 2-mil levy.
Mrs. Lawrence seconded the motion.
Mr. Orr asked who hired the outside contractors.
Mayor Roll answered we did as the flood was a city problem.
Mr. Orr wanted to know how much the cost was.
Mr. Hammons stated the total cost was not all together yet.
The vote was 5 to 1 with Mr. Orr voting against the levy.
The Resolution did not pass.
COUNCIL ACTION/DISCUSSION
Sewer/Water rates for Waste Water Plant Improvements, possible IP Settlement used;
Mayor Roll stated that the Waste Water Plant Improvements required a $3.36 cent increase on sewer rates. Mayor Roll stated that it had been discussed that there was a possibility of lowering the water rates to offset the increased sewer rates and using IP settlement funds to make up the water revenue loss. After council discussion it was decided to wait until the dam report comes in before making a decision.
Approval of Payroll and Claims for January 2011;
Mrs. Williams made a motion to approve payroll and claims for January 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr had questions on some claims consisting of claims to Jack’s Water Works, Vicky Lawrence and Doney, Crowley, Bloomquist and Payne.
Motion Passed with Mr. Orr voting against approval of payroll and claims.
Approval of Business Licenses received to date;
Mrs. Williams made a motion to approve Business Licenses received to date and included the approval of the Gun Room Business License.
Mr. Orr seconded the motion.
Mrs. Lawrence questioned the amount paid by owners of businesses in Libby that reside outside of Libby.
Mayor Roll stated that in the ordinance it states businesses located inside the city limits would pay $40.
Motion Passed.
Payment to Morrison-Maierle for work on Flower Creek Dam Project;
Mr. Orr made a motion to pay $76,172.70 out of the first IP Settlement money.
Mr. Bischoff seconded the motion.
Motion Passed
HEAR FROM THE PUBLIC
Allen Olsen of 703 Louisiana Ave. asked why wasn’t the watering portion of the DNRC grant bid out and wanted to let the council know he thought the grant was poorly administrated. Mr. Olsen also wanted the council to know that Vicky had already made a Spring order in Bonners Ferry for 2011. Mr. Olsen asked that if you don’t like the nurseries in the area at least go to Eureka as it is in Lincoln County or resign your post and move to Bonners Ferry.
Duane Williams of KLCB-KTNY 251 W. Cedar St. asked the council that as of today have any citations been issued for businesses operating in the city without a business license? Mayor Roll answered yes. Duane Williams asked who. Mayor Roll answered the Helping Center. Mr. Williams asked if there was an ongoing program by the city to identify businesses operating in the city without a business license. Mayor Roll answered that if someone comes forward and reports a business that is operating without a license that is how they would be identified. Duane Williams asked if there was a complaint filed against the Helping Center. Mayor Roll stated that the council suspended their license for 60 days. The Mayor asked for City Attorney Jim Reintsma’s input. Mr. Reintsma stated that it was more of a common knowledge that the Helping Center no longer had a business license. Duane Williams asked if other businesses in town were operating without a license would they be in violation of a business ordinance. Mayor Roll stated that if someone came forward and reported a business operating without a license then we would go talk to them. Duane Williams asked that if someone normally has to come forward in order to find a business in violation then in the Helping Centers case would it be the council. Mayor Roll stated that this was done by the direction of council. City Attorney Jim Reintsma stated that the Police Department can issue a citation to anyone they believe is in violation of a city ordinance. Duane Williams said so if the Police Department is aware of another business in town operating without a license on their own action they can issue a citation. Mayor Roll answered yes. Duane Williams asked if that is what happened in this case. City Attorney Jim Reintsma answered yes meaning everybody that has read the newspaper knows that the shop was not going to have a license. Mr. Reintsma stated the mayor is aware of it and Chief Smith is aware of it and a citation has been issued.
ADJOURNMENT
Meeting was adjourned at 7:27pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
APPROVED
SPECIAL COUNCIL MEETING FEBRUARY 8, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL
Mayor Roll called the meeting to order at 5:33pm. Rebecca Thomas of EPA, Carol Campbell, Kathern LeCours and Alan Payne were on the other end of the conference call meeting. Council members present were, Peggy Williams, DC Orr, Robin Benson, Barb Desch, Vicky Lawrence and Bill Bischoff. Others present were, Mayor Roll, City Clerk-Treasurer Glena Hook, City Administrator Jim Hammons, Andy Lensink, David Berry and Victor Ketellapper of EPA.
Carol Campbell stated that EPA is concerned about the length of time it is taking to start their remediation at River Front Park. She went on to state what the EPA was offering the city and felt it was a very fair offer. Mayor Roll stated that the city was working on the selection of engineering firms to plan the park for the city, so the city could work with the EPA on drainage issues etc. The substance of the conversation was that the EPA would like to get started with the River Front Park clean-up as soon as possible and the city is working on engineering plans before they want clean-up to start. Mr. Orr voiced his concerns about communication and the possible danger to human health from contamination in the Search and Rescue Building. Carol Campbell stated that when the outside clean-up around the Search and Rescue Building is finished they will do a full evaluation on the inside of the building and if over the acceptable limits then they would clean up the Search and Rescue Building. Mayor Roll stated that there really wasn’t any acceptable limits and the city would probably ask that the Search and Rescue Building be cleaned. Mayor Roll stated that the city would take the EPA statements under advisement and go from there. The phone conference ended.
Victor Ketellapper and David Berry went over what a Risk Assessment is and how they use it at EPA. They handed out paperwork on the Risk Assessment presentation. Mr. Orr was concerned about the method used to determine the toxicity levels. Mr. Orr stated that the EPA used the Iris method and in EPA’s own words it was antiquated. Victor Ketellapper stated the Iris method used still showed that remedial action was needed and that is what EPA was doing. Robin Benson asked if there was better science available. Mayor Roll stated he thought there was better methodology out there other than Iris. Mr. Orr and Mayor Roll stated that the presentation was the same one that EPA did two years before. The council discussed their concerns and asked questions about the risk/toxicity study. The EPA said they thought there might be some study results ready by April 2011. The council was still concerned about the EPA’s decision to sever all pathways at River Front Park and what might happen in the future should the pathways be breached (pertaining to human health). The council also had concerns about people’s houses that still have asbestos in the walls and the impact it could have on human health.
The meeting was adjourned at 6:37pm
______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
SPECIAL COUNCIL MEETING FEBRUARY 10, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL
CALL TO ORDER
The meeting was called to order at 5:32 pm, by Mayor Roll who led the Pledge of Allegiance. Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr, and Mr. Bischoff were present. City Administrator Jim Hammons and City Clerk-Treasurer Glena Hook was also present
Mayor Roll explained that the meeting was about the 2-mil emergency levy that did not pass at the Monday, February 10th meeting. Mayor Roll stated it had to pass with a unanimous vote. Mr. Orr had several questions about the procedure of the emergency and the bills incurred during the emergency flooding.
After further council discussion;
Mrs. Williams made a motion to approve the emergency 2-mil levy, Resolution # 1771.
Mr. Bishoff seconded the motion.
Motion passed unanimously.
The meeting was adjourned at 5:52pm
______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
PUBLIC HEARING TUESDAY, FEBRUARY 22, 2011 @ 6:30PM IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:30pm and led the pledge of allegiance.
Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena L. Hook was also present.
Jennifer Nelson of 1026 Washington Avenue spoke to the council about her concerns with the changes to the Fireworks Ordinance. Ms. Nelson felt that the window of opportunity to use fireworks was too long and asked the council to consider a shorter window.
Meeting adjourned at 6:35pm.
______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
THE 1344th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, FEBRUARY 22, 2011 @ 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 Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present
Lloyd Miller of the Eagle Valley Community Church offered prayer.
Mrs. Lawrence made a motion to approve the minutes from Regular Meeting February 7, 2011, and Special Meeting February 8, 2011 and Special Meeting February 10, 2011.
Mrs. Williams seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that Chief Smith and Judge Briggs will have an class on Judicial Law and Law Enforcement on March 15, 2011 from around 5:30pm to 6:00pm.
Mayor Roll also announced that URS who was hired by DNRC for the Flower Creek Dam have gotten their written report to Morrison-Maierle. Morrison-Maierle will get a written response to URS’s report ready for the council soon.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams wanted to commend Robin Benson for her diligent work in getting funding for new playground equipment at Fireman’s Park. Mrs. Benson has secured over $5000 for new playground equipment with more pending.
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; None
Finance; Clerk Hook reported that she has finished reconciling for January 2011.
Water/Sewer; Mrs. Benson reported that a meeting with the Cabinet Heights homeowners with grinder pumps is scheduled for this Thursday, February 24, 2011 at 5:30pm in the council chambers.
Mrs. Benson also reported that the Waste Water Treatment Plant Project is being advertised for bids and a pre-bid walkthrough is scheduled for March 1, 2011 at 10am. Bids will be opened on March 15, 2011 at 2pm.
Budget/Finance; None
Police; None
Lights/Streets/Sidewalks; None
City Administrators Report; City Administrator Jim Hammons reported that Ryan Jones of Morrison-Maierle could not make it tonight but is hoping to have time to make comments on the Peer Review soon.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
There was no public comment
UNFINISHED BUSINESS
Ryan Andreessen, Libby Fire Department; Ryan Andreessen came before the council requesting funds to be donated by the City toward the Fire Departments 100th anniversary celebration.
Mr. Orr made a motion to donate $2500 to the Fire Departments 100th anniversary celebration.
Mr. Bischoff seconded the motion.
Motion Passed
Fire Suppression, how to offset revenue loss if Fire Suppression Fees are waved;
Mr. Orr made a motion to do away with the Sprinkler Fees on the businesses that have them, replacing the revenue loss with the fees collected from hydrant at the River Front Park.
Mr. Bischoff seconded the motion.
Motion Passed
Final reading of Ordinance # 1769, use of Fireworks;
Mrs. Benson made a motion to approve Ordinance # 1769.
Mrs. Williams seconded the motion.
Motion Passed
NEW BUSINESS
Igniters Car Club, Street Closure;
Mr. Orr made a motion to approve the Igniters Car Club street closure during their car show.
Mrs. Benson seconded the motion.
Motion Passed
Libby Loggers American Legion Baseball, permission to have music after the Alumni Game;>br> Mr. Orr made a motion to allow music after the Alumni game on June 18, 2011.
Mrs. Benson seconded the motion.
Motion Passed
Teri Kelly, Flathead Electric, discussion on conservation program; Teri Kelly of Flathead Electric reported to the council about the Flathead Electric Co-op’s Peak Time Project.
Engineering choice for RFP on River Front Park;
Mrs. Desch made a motion to proceed with WGM in negotiations pertaining to the RFP on River Front Park.
Mrs. Williams seconded the motion.
Motion Passed
Ryan Jones of Morrison Maierle was not present to give update.
COUNCIL ACTION/DISCUSSION
The council agreed to wait about a month to see what that bids came in at before starting the waste water fee increase process.
HEAR FROM THE PUBLIC
Teri Kelly had some concerns about the law concerning drinking and driving during the Igniters Car Show. Mrs. Williams also had concerns about unbuckled children riding in cars at the Igniters Car Show. Mayor Roll stated that the city needed to put together some concerns and take them to the Car Club as it is their responsibility to take care of these things during the car show. Other concerns were about the possibility of accidents and injury of spectators during the car show when cars are allowed to burn out on Mineral Avenue.
Mr. Orr stated that he asked for an official report on the DNRC Grant on October 18th and had not received it yet. Mr. Orr also stated it should be presented at an official meeting. Mayor Roll stated that he would put it on the next agenda and present the report at that time.
ADJOURNMENT
Meeting was adjourned at 7:55pm.