THE 1353rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JULY 5, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00pm 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 and Deputy City Clerk Tanya R. Gehrke were also present. City Clerk-Treasurer Glena L. Hook and City Attorney Jim Reintsma were not in attendance.

Prayer was offered by Robert Mast of the Eagle Valley Community Church.

Mrs. Williams made a motion to approve the minutes from the Regular Meeting June 20, 2011.
Mr. Orr seconded the motion.
Mrs. Lawrence asked that the minutes be corrected on page 2 in the bottom paragraph to remove (inherited from Stimson) because that amount was not inherited from Stimson.
Mayor Roll asked for another motion.
Mrs. Lawrence made a motion to accept the minutes with inherited from Stimson removed.
Mr. Bischoff seconded the motion.
Motion passed

ANNOUNCEMENTS

Mayor Roll announced that Union negotiations will begin next week and that Mrs. Lawrence will have a date for us later.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated that work has began on the fire truck playground equipment at Fireman’s Park. She had spoken to Corky Pape and he said that they are trying to get it completed by July 9th,2011 for Libby Volunteer Fire Departments 100 year anniversary celebration.  Mrs. Benson stated that other City business has priority and if it gets finished, it gets finished, if not, it doesn’t.   The spaghetti dinner put on by the Kiwanis and the Elks was a great success. Mrs. Benson didn’t have the exact figures but she hopes to have that information by the next meeting. Mayor Roll asked if there were volunteers helping with the work out at the Park.  Mrs. Lawrence said that Corky was doing the work and later stated that a friend of Joe Woods, “Doug somebody” had helped with the concrete.

Fire; Tom Wood had a few thank-you’s to say. First of all, the fire count over the 4th of July was way down. There was only 1 call in the City and 1 call in the County. Thanks to Chief Smith and his crew for monitoring the fireworks.  Tom showed the special  LVFD 100 year anniversary booklet  and announced the schedule for the  Saturday July 9, 2011 festivities.  Thanks to the media for advertising the event.

Resolutions/Ordinances; None

Personnel; None

Building; Mrs. Lawrence said that the Building Committee had met with Bonnie Morrow, from the Montana Athletic Club and she had given them a list of improvements that MAC would like to have done. City Clerk-Treasurer Glena L. Hook had asked Mrs. Lawrence to hold off on any recommendations until after budgeting is done. They will meet again with Bonnie in August.

Water/Sewer; None

Budget/Finance; None

Police; Chief Smith reported that June was comparable to May. There were 178 calls(down 10 from May) 21 Citations(down 9 from May) and 20 arrests, which was up from May 2011. Logger Days was pretty good for the City Police Department.  There were no problems and the Street dance was well controlled. There we no incidents over Logger Days or the 4th of July.

Lights/Streets/Sidewalks; Mrs. Desch reported that she had given everyone paperwork in their packets from Asphalt Zipper.  Please look over it and get back to her with any comments or questions.

City Administrators Report; Jim Hammons handed out his report but had a couple of other things he wanted to address. There was a pre-bid meeting for the alley behind the Western News last week.  4 contractors showed up and they all went down and discussed things and there were a couple of amendments for addendums to be added. Bids will be opened on Thursday July 7, 2011 at 2:00 pm. Construction will start in the near future.  Rural Development, Morrison Maierle and Jim will be going up to Cabinet Heights with Edstrom Construction to do the final walk through on Friday July 15, 2011.

Finance; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

Dan Rohrer with Cabinet View Country Club stated the names of current board members that were in attendance and said that each was going to speak briefly. They included Gene Chappell, Kari Martell, Bob Castaneda, Rich Reisinger, Jeff Dooley, Gerald Dill, Robin Swimley and CPA Ed Stamy.  A brief history of the CVCC’s loan was given.  Information   regarding the financial status of CVCC was passed out to each Council member by Bob Castaneda. The economic benefits were mentioned as far as CVCC having tournaments and people supporting hotels and local stores and businesses. Robin Swimley spoke about the future of the CVCC as far as development goes. Robin also mentioned that it was great working with Jim Hammons during the Cabinet Heights sewer project. Dan Rohrer was the final person to speak and he wanted it noted that CVCC is not in default on their loan. CVCC was to submit 50% of the purchase price on any lots that were sold and none have sold yet.

Sandy Doubek, owner of the Pastime, addressed the Council regarding street closure for July 29, and 30th.
Mrs. Lawrence made a motion to accept Sandy’s original proposal including all of the dates on it, after the positive experience with the street closure for Logger Days.
Mrs. Benson seconded .
Motion passed.

Mrs. Benson spoke regarding summer watering relief. The Water/Sewer committee met and proposed to maintain the base rate amount of $26.00  for City residents but to increase the usage from 3,000 gallons to 11,000 gallons for the months of June, July and August 2011.
Mrs. Williams made a motion to increase the usage from 3,000 gallons to 11,000 gallons for City residents for the months of June, July and August 2011.
Mr. Bischoff seconded.
Motion passed. 

NEW BUSINESS 

The flood damage to Idaho Avenue was discussed.  The City will be getting a little over $14,000.00 from the State but the City needs to provide the funds and then we will be reimbursed by the State.  Mayor Roll said that with Council approval the money could come out of Economic Development funds.  George Niemi had given the city an estimate on the costs.  Mrs. Williams stated that the City is going above and beyond the original amount and Mayor Roll stated that it was because the original amount was for patching the road instead of replacing it.  Mr. Orr questioned where they got the $14,000.00 figure from and also what the cost per ton was?  Jim Hammons stated that George Niemi had done 3 different estimates on that block and that the $14,000.00 figure was the middle estimate. Mr. Orr said that he had done some calculations on his own and he feels that the costs are overly inflated.  He would like to meet with George Niemi to discuss the costs.  Mr. Bischoff also said it would be better to get a break down of the costs from George Niemi.  Mayor Roll stated that we would get a hold of George Niemi and have him come and meet with us.

Resolution # 1782, to transfer IP funds to the water fund to pay bills for Flower Creek Dam and Water Distribution
Mr. Bischoff made a motion to accept Resolution #1782.
Mrs. Lawrence seconded the motion.
Motion passed.

Kristin Smith, Lincoln County planner, spoke on the tourism grant.  Jim Hammons and Kristin have identified a potential funding source to assist in moving River Front Park along. It is through the Montana Office of Tourism and it is a tourism infrastructure improvement grant. The deadline is August 3, 2011 so they were hoping to work on it for the city to meet that deadline.  The grant offers a 2 to 1 match so for every $2.00 requested from the funding source we have to show that there is a $1.00 match. It would be beneficial to know what kind of commitment the city is going to contribute. Mayor Roll asked who had actually brought this grant to our attention and it was stated that Melissa from WGM had. Kristin said that the grant circulates on several different lists so she had seen it too.  Mayor Roll stated that it would be put into the Parks committee.

COUNCIL ACTION/DISCUSSION

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

Approval of Payroll and Claims for June 2011.
Mr. Bischoff made a motion to approve Payroll and Claims for June 2011.
Mrs. Lawrence seconded.
Motion passed.

Approval pay application for Waste Water Plant improvements.
Mrs. Benson made a motion to pay Draw #3. Mrs. Desch seconded.
Motion passed.

Montana Float loans-Mayor Roll stated that each council person had received a copy of Melissa Becks letter in their packets. He would like to put this into the Finance committee and have them get together with Mr. Kinden to maybe work something out.

Application  for a Corporate Structure change of Torgy’s. Mr. Bischoff questioned if it was just changing from a private ownership to a Corporation? Mayor Roll said yes.
Mr. Bischoff made a motion to approve the application for a Corporate Structure to Torgy’s.
Mr. Orr seconded.
Motion passed.

HEAR FROM THE PUBLIC

Shane & Gina Whitmarsh PO Box 1274 Libby, Montana are interested in applying for a variance to allow a mobile home within the city limits. They have the paperwork completed and they asked to be placed on the agenda for the next meeting.  Mrs. Williams mentioned that they should get this information to Kristin Smith also.

ADJOURNMENT

Meeting was adjourned at 8:04 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                       Deputy City Clerk Tanya R. Gehrke



APPROVED

SPECIAL COUNCIL MEETING MONDAY, JULY 11, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 6:01pm.  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.  Mike Cirian and Rebecca Thomas of EPA and Nick Raines of CDM were present.  Attorney Alan Payne was present by phone.

Mayor Roll stated the purpose of the meeting was to talk about making a decision on which option the council wanted concerning the EPA doing the complete remediation of the OU1 site.   Mayor Roll started out by asking each council member to speak about any concerns or ask questions pertaining to the OU1 site.

Mr. Bischoff stated he was in favor of  EPA doing the whole project and was concerned about the time line the city faced and some of the issues that have come up that might prevent the timely completion if the city were involved in the clean-up.  Mr. Bischoff also stated he would like to see the railroad spur taken out and not give up the cities easement or whatever permits the city has concerning the railroad spur.  Mr. Bischoff also committed that he would like to see the four inches that was supposed to be left for paving the road be graveled and then maybe chip sealed or something like that.  Mr. Bischoff also mentioned that he would like to see a sprinkler system put in to maintain the cap at the OU1site.

Mayor Roll stated he wanted to add to the comment by insisting that something needed to be done about irrigation to maintain the cap.

Other than those few changes Mr. Bischoff stated he liked the proposal that was put forward.

Mrs. Desch stated she was in agreement with Mr. Bischoff on the road, railroad spur and sprinkler system.

Mrs. Benson stated there have been a lot of delays and she was ready to make a motion.
Mrs. Benson made a motion that EPA does everything including the railroad spur and that details be worked out concerning a sprinkler system to maintain the cap.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

Mr. Orr asked Rebecca Thomas why we couldn’t use the same top soil that was used before on the OU1 site around the North side of the park.  Mr. Orr asked if the EPA was going to re-clean that area.  Rebecca Thomas stated that when the restoration is complete that testing would be done and if the soil is contaminated the EPA would clean it up.  Mr. Orr also wanted to know about the Search and Rescue Building.  Rebecca Thomas stated that after the cleanup was complete the building would be tested and if asbestos was found in the building it would be cleaned.  Mike Cirian explained why the topsoil is now being brought in from out of the area stating it was a conservative approach.  Mr. Orr wanted to wait for the cleanup until the next year for EPA to get their ducks in a row and continued with his argument.

Mr. Bischoff called a point of order stating that this discussion does not seem pertinent to the motion and that we have a motion on the floor and this is not a cross examination of EPA.  Mr. Bischoff stated that if Mr. Orr feels that what we are doing is at risk he should state those facts to the council and vote against the motion.  Mayor Roll agreed.  Mr. Orr disagreed.

Mrs. Lawrence wanted to ask if the money earmarked for vegetation was not all spent on vegetation could it be used elsewhere.  Rebecca Thomas stated that it could be used on anything that would enhance the site.  Mrs. Lawrence stated she felt the possible continued risk at the OU1 site warranted the cleanup to be done this year.

Mrs. Williams asked a question about the road.  Nick Raines explained and showed on the map what they were talking about with a buildup of soil around the area of the spur road.  Mrs. Williams stated she didn’t want to lose the pedestrian underpass.  The EPA stated they would not interfere with the pedestrian underpass.

There was some discussion about the road approach.

Mr. Orr made a motion that if we are going to proceed without protecting human health that we ask the EPA for indemnity.
Motion died from lack of second.

Meeting adjourned @ 6:25pm.

______________________                  Attest;        ________________________

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



APPROVED

SPECIAL COUNCIL MEETING MONDAY, JULY 18, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:30pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mr. Bischoff and Mrs. Lawrence (late) were present.  City Administrator Jim Hammons and City Clerk Glena Hook were present.  Mrs. Benson was absent.  Byron Sanderson of KSI, Jeff Cicon, Bill Buxton, Ken Salo and Ryan Jones of Morrison-Maierle were also present.

Morrison-Maierle handed out their presentation concerning Flower Creek Dam replacement alternatives to council and mayor.

Ken Salo of Morrison-Maierle gave a presentation concerning the existing conditions of the Flower Creek Dam and also talked about location alternatives and structure alternatives.  Bill Buxton of Morrison-Maierle discussed a funding strategy with the council and mayor.

Ryan Jones of Morrison-Maierle presented an implementation plan and schedule concerning the Flower Creek Dam.

Council discussed the presentation with Morrison-Maierle and KSI.

The meeting was adjourned at 6:55pm.

 ______________________                  Attest;        ________________________

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



APPROVED

THE 1354th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 18, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:05pm 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 Glena L. Hook were also present.

Prayer was offered by Tony Shaw of the Baptist Church.

Mr. Orr made a motion to approve the minutes from the Special Meeting June 28, 2011, Regular Meeting July 5, 2011 and Special Meeting July 11, 2011.
Mr. Bischoff seconded the motion.
Mrs. Williams stated she was not present during the Special Meeting on June 28, 2011.
Mr. Orr amended his motion to approve the minutes to include making a correction on the June 28, 2011 meeting that Mrs. Williams was not present.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS          

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated that we had an additional $2100.00 come in for the Fireman’s Park Equipment and wanted to acknowledge that the Montana Kiwanis Foundation and  Kootenai Kiwanis donated and arranged the spaghetti dinner and Mrs. Benson wanted to especially thank them because there were a lot of volunteers needed to pull that off.   Mrs. Benson stated that the spaghetti feed brought in $800 and that with the Libby Elks Lodge and  the VFW Auxiliary donations combined it came to $2100.  The total now is $19,150 of donations for the Fireman’s Park playground equipment.  Mrs. Benson wanted to thank all those groups for their hard work and generous donations.

Fire; None

Resolutions/Ordinances; None

Personnel; The Personnel Committee is trying to schedule interviewing of the in house candidates for the Water Treatment Operator position on Wednesday, July 20, 2011.

Building; None

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; Jim Hammons stated he met with Eric Hanson of RD, Ryan Jones of Morrison-Maierle and Corky Pape the Street and Water Distribution Supervisor up at Cabinet Heights last Friday for the warranty walk through for the Cabinet Heights Sewer Project.  Mr. Hammons stated they talked to several residents and some had some issues, but everything looked pretty good from what Edstrom Construction did six weeks ago but they missed a few things.  Edstrom Construction will be finishing up today or tomorrow on the missed issues.   Mr. Hammons stated the warranty work still has another year from now to address any more issues.  Mr. Hammons stated it went pretty well and they talked to a lot of people.

Finance; City Clerk Glena Hook announced that reconciliations for June 2011 was complete.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

Montana float Loan; Still in Committee 

NEW BUSINESS 

George Niemi, Idaho Street Paving; George Niemi was not available.  Mayor Roll stated we have a few bids for the project and would like it put on the next agenda.

Ryan Jones of Morrison-Maierle concerning bid award for paving alley; Ryan Jones was not available but Mayor Roll stated the low bid for alley was Noble.
Mr. Bischoff made motion to award the bid proposal for the alley project to Noble Excavating.
Mrs. Desch seconded the motion.
Motion passed

River Pump relocation; Mayor Roll discussed moving the pump at the river to another location and wanted the council to think about an alternate area to put it in.

Tourism Grant; Mrs. Williams stated that Kristin brought a prospective grant for Montana Tourism and stated it was still in draft stages but in order to proceed forward with that grant the city would have to commit to spending a minimum of  $40,000 for the requested $100,000 grant.
Mrs. Lawrence made a motion for the city to commit $40,000 to the tourism grant.
Mrs. Benson seconded the motion.
Motion passed.

Mayor Roll stated that Dusti Thompson of the Chamber of Commerce brought in a letter asking for a street closure on July 30, 2011 from 10:00am to approximately 11:30am on Mineral Avenue for a parade for the PRCA Kootenai River Rodeo.
Mr. Bischoff made a motion to approve the request for the street closure on Mineral Avenue, July 30, 2011 from the hours of 10:00am to approximately 11:30am.
Mrs. Lawrence seconded thee motion.
Motion passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date.
Mrs. Lawrence made a motion to approve the Business License received to date.
Mr. Orr seconded the motion.
Motion passed.

HEAR FROM THE PUBLIC

Devi McCully asked the council for more details, dates and how things are going to work with the Alley Paving Project.  Mayor Roll stated that Jim Hammons would be calling all the property owners and that the construction probably would not be starting until mid-September.  Mrs. McCully was concerned with the quality of work and wanted to know if there would be a warranty walk through.  Mayor Roll stated yes there would be.  Mrs. McCully stated she would like to redo her water into her building and wanted to know if it would be doable at the time of the Alley Project.  Mayor Roll asked Devi to contact Jim Hammons with any questions she may have.

ADJOURNMENT

Meeting was adjourned at 7:23pm.