THE 1322th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 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, 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.
Kevin Lindgren of the Assembly of God Church offered prayer.
Mr. Orr made a motion to approve the Regular Meeting Minutes from February 16, 2010
Mr. Bischoff seconded the motion.
With minor corrections, motion passed.
The Mayor asked to hear the public on issues on the agenda.
ANNOUNCEMENTS
Public Hearing scheduled for Wednesday, March 3, 2010 at 7:00pm on the Waste Water Per.
Cameras on Mineral Avenue was removed from the agenda.
COMMITTEE REPORTS
Cemetery/Parks; Mrs. Williams announced that the Parks Committee were meeting the next Monday to discuss the Firemen’s Park and the playground equipment. Mrs. Williams also added that old business not resolved yet was the upgrade of the Fred Brown Pavilion Rental Agreement.
Fire; Fire Chief Tom Wood gave a fire report and wanted to make everyone aware that the big fire at the Port Authority Property is not in the City Limits.
Resolutions/Ordinances; None
Personnel; None
Building; None
Water/Sewer; Mrs. Benson stated that the committee would probably meet after the Public Hearing.
Lights/Streets/Sidewalks; None
Budget/Finance; None
Police; Police Chief Jim Smith gave a police report.
UNFINISHED BUSINESS
Jim Hammons reported to the council concerning the Department of Transportation’s construction agreement in reference to the maintenance of the sidewalks along Hwy. 2. Mr. Hammons reported that the city has an ordinance that puts the maintenance of sidewalks on the adjacent property owners and stated that the reference to sidewalk maintenance in the construction agreement would not affect the city.
Mr. Orr made a motion to accept the Department of Transportation’s construction agreement.
Mrs. Benson seconded the motion.
Motion Passed
1st reading Ordinance # 1751, concerning the riding of a bicycle in the Business District of the City of Libby.
Mrs. Lawrence made a motion to accept Ordinance # 1751.
Mrs. Williams seconded the motion.
Mr. Orr wanted to let the public know that he thought the City of Libby had a bicycle ordinance before and stated “It was dropped when we cleaned up our ordinances.” Mr. Orr also stated that “There is a general perception in the community that we’re bringing this up out of thin air and I want people to know that’s not so.” Mr. Orr stated that it seemed to him the only thing that can be changed over to a municipal infraction is something that is just a fine and asked for clarification on Municipal Infractions.
Mayor Roll stated they would look into it.
Motion Passed
Enforcement of Plumbing and Electrical Codes; Mayor Roll asked the committee for their recommendations. Mrs. Lawrence stated the committee’s recommendations were that the city not be involved in the enforcement of penalties against people without licenses for plumbing and electrical and that it be a State responsibility.
Mr. Bischoff made a motion to accept the recommendation of the committee.
Mrs. Williams seconded the motion.
Motion Passed
NEW BUSINESS
Caroline Canavan approached the council and asked for a variance to run a tax preparation and accounting business out of her home.
Mrs. Williams made a motion to approve the variance with the stipulation that the variance is in effect only as long as Caroline Canavan is running her business out of her home at 515 Minnesota Avenue, Libby, Mt.
Mrs. Desch seconded the motion.
Motion Passed
Kelta Latham, Direct Support Professional with Achievements, Lead Trainer of both Group Homes and Member of Safety Committee and Lynn Engram the Safety Committee Representative of the Center, came before the council with two proposals for the council. The first proposal was from Lynn Engram asking for a crosswalk to be put in front of the Group Home on Montana Avenue. The second proposal was from Kelta Latham asking for sidewalks to be put around the Montana Avenue Group Home, the Senior Citizens Center. Mayor Roll asked Ms. Latham to contact Jim Hammons, the City Administrator and work on the sidewalk issue.
Mrs. Williams made a motion to put in crosswalk on 1st and Montana
Mr. Orr seconded the motion.
Motion Passed
Council Member Vicky Lawrence stated the recommendations on the Business License Policy and Ordinance were not ready at this time and Mayor Roll asked Mrs. Lawrence to let him know when they were ready so we could get them on a future agenda.
Mayor Roll stated that he thought the council members had copies of the State Law concerning Municipal Infractions. Mayor Roll asked if anyone had a problem with the penalty for breaking of some of the City Ordinances be changed to a Municipal Infraction. Mr. Orr stated he had some concerns saying it actually reduces people’s rights to regress. “It’s a change from a criminal matter to a civil matter,” Mr. Orr said. Mr. Orr stated he is developing a paper concerning the matter and will get it to the council before the next meeting. The mayor stated he would put it on the next agenda.
COUNCIL ACTION/DISCUSSION
Police Chief Jim Smith spoke to the council about the Medical Marijuana issue. Chief Smith stated the people licensed to provide medical marijuana can have up to 6 plants per patient. He stated that as the plants grow 1 plant would be enough to provide for one user so the providers are getting a lot of surplus. Chief Smith stated when he gave his stat report he mentioned that he had 11 juvenile arrests and almost all of them came out of the High School and almost all of them were marijuana related. He stated the intelligence they are getting on these arrests, are that the juveniles in this community are buying their marijuana from the medical marijuana providers. Chief Smith stated we have two Medical Marijuana providers in the City Limits. Police Chief Smith believes that a variance and business license is needed under city ordinance to provide medical marijuana and that it would be up to the council on whether they wanted a medical marijuana business in the city limits. There was a lengthy discussion on the medical marijuana issue. The mayor would like the council to decide if they want to become proactive and require a business license for providing medical marijuana. The mayor asked the city attorney to verify whether a medical marijuana provider is exempt under state law. It will be put on the 1st agenda in April 2010.
Kristin Smith, final plat approval for Millwork West Am. Lot 1.
Mr. Orr made a motion to approve the final plat for Millwork West lot 1.
Mr. Bischoff seconded the motion.
Motion Passed
Mrs. Williams made a motion to approve Business Licenses received to date.
Mrs. Lawrence seconded the motion.
Motion Passed
Mrs. Williams made a motion to approve the payroll and claims for February 2010.
Mr. Bischoff seconded the motion.
Motion Passed
HEAR THE PUBLIC
Arlen Magill of 807 Wisconsin Avenue, Libby, asked the council if was still a federal offense for the possession of marijuana. Mayor Roll answered that the President Obama has said they would not enforce the marijuana laws.
ADJOURNMENT
Meeting was adjourned at 7:52 pm.
_________________________ __________________________________
Mayor Doug Roll City Clerk-Treasurer Glena L. Hook
THE 1323th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 15, 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 and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present. Council Member Barb Desch was not present.
Kevin Lindgren of the Assembly of God Church offered prayer.
Mr. Orr made a motion to approve the Regular Meeting Minutes from March 1, 2010 and Public Meeting Minutes from March 3, 2010.
Mrs. Benson seconded the motion.
With minor corrections, motion passed.
The Mayor asked to hear the public on issues on the agenda
ANNOUNCEMENTS
Mayor Roll announced the Elected Officials Workshop in Billings, May 5, 6 & 7, 2010.
Edstrom Construction to start up work again on Cabinet Heights Project Wednesday, March 17, 2010.
Mayor would like priority list from all the council on what they think our budget priorities should be for next fiscal year.
Mayor would like to have a working committee meeting towards the end of the month about parliamentary procedure.
The Mayor also spoke about running the citizens complaints through the Police Commission using a complaint form.
There will be a Corp of Engineers meeting tomorrow morning at 6:45am at the Venture Inn.
COMMITTEE REPORTS
Cemetery/Parks; Council Member Williams announced that the committee had a meeting concerning Fireman’s Park and a desire to upgrade the playground equipment. Council Member Benson is working on a survey questionnaire to find out what the usage is of the park.
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; None
Water/Sewer; Council Member Benson announced she was present at the Public Hearing on March 3, 2010 and the Boy Scouts had very good questions. Mrs. Benson reported an interesting bit of information that the city has 19 miles of sewer system. Mrs. Benson also reported that there would be another public hearing about the waste water system next month.
Lights/Streets/Sidewalks; None
Budget/Finance; None
Police; None
UNFINISHED BUSINESS
Mayor Roll spoke about the Medical Marijuana issue. There was a lengthy discussion on the issue. It was decided to put Medical Marijuana on the next agenda for a vote from the council.
Alan Olsen of 33692 Hwy 2, Libby spoke to the council saying he believed that the city is using the Marijuana issue as selective enforcement and stated that the city had 143 businesses on the list of businesses that have not paid for a business license yet. Mr. Olsen felt that something should be done about Businesses on the list instead of picking out one type of business. Mayor Roll explained to Mr. Olsen that the list is being taken care of. Mr. Olsen also stated that he thought the city was accepting contracts from businesses that did not have business licenses.
Mrs. Benson stated that the issue of Medical Marijuana has to do with the safety and health of our neighborhoods.
Arlin Mcgill of 807 Wisconsin, Libby spoke to the council about hearing in the news about a raid on a Medical Marijuana house and that it didn’t seem safe to have Medical Marijuana providers in a residential area.
Municipal Infractions; City Attorney, Heather McDougall believes the type of Municipal Infractions the City of Libby is looking at are asking less of the individual being charged and reducing the amount of revenue for the City of Libby. Mr. Orr did not agree and spoke lengthy on his views.
Phil Bigelow of 415 E 10th, Libby stated his understanding of civil law is that there is a lower burden of proof and stated that he thought it was easier for the city to win a case. City Attorney, Heather McDougall tried to explain to Mr. Bigelow that the Municipal Infractions the City of Libby was talking about would be minor infractions that would be easily distinguished as to guilt or innocence.
There was a lengthy discussion between the Mayor, the Police Chief and Council. The mayor stated this was just in the discussion phase.
NEW BUSINESS
Mrs. Williams explained the new Fred Brown Pavilion Rental Forms. It will be put on the next agenda for council approval.
Ryan Jones of Morrison Maierle spoke to the council on the major issues concerning the Waste Water Plant. Mr. Jones gave out copies of cost estimates to the council.
Phil Schad of the Waste Water Plant spoke to the council about the sludge press that is not working at this time.
COUNCIL ACTION/DISCUSSION
HEAR THE PUBLIC
Wade Block of 1134 W 2nd St. Libby asked the council when the discussion of cameras on Mineral Avenue would come up. The mayor answered that it would be on the next agenda.
Dr. Hall of 316 Mineral Ave. spoke about his concerns with the Bicycle Ordinance and putting cameras on Mineral Ave. Dr. Hall stated that he moved to Libby to get away from intrusion. He also spoke about the cameras being shot out eventually.
Laurie Hall of 316 Mineral Ave. spoke about her concerns with the cameras on Mineral Ave. and felt they would be shot out and she also stated that she would rather hire a police officer to be on Mineral Avenue during a 3rd shift period than have to keep paying for cameras on Mineral Avenue.
Miss Patton on 250 Spencer Hill spoke to the council about her concerns with the bicycle ordinance. Miss Patton does not agree with the new ordinance making riding your bicycle on the sidewalks in the business district illegal. Larry Ackerman also agreed with Miss Patton.
Mrs. Shkursky also voiced her opinion about the proposed changes to the bicycle ordinance.
Lisa Johnson of 1134 w 2nd Street stated she was in agreement with the new bicycle ordinance.
Jeff Forester of 712 Main Ave. Libby voiced his opinion on time he believes is wasted on issues that common sense should have the answer to.
ADJOURNMENT
Meeting was adjourned at 8:42 pm.
_________________________ __________________________________
Mayor Doug Roll City Clerk-Treasurer Glena L. Hook
SPECIAL COUNCIL MEETING, MARCH 24, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS
Ryan Jones of Morrison Maierle talked to the council about the Sludge Press and UV needed at the Waste Water Plant. Mr. Jones stated that to comply with DEQ the UV would need to be in place by 2012. Mr. Jones gave the council several scenarios to get the Sludge Press and UV in place at the Waste Water Plant.
_________________________ __________________________________
Mayor Doug Roll City Clerk-Treasurer Glena L. Hook
SPECIAL COUNCIL MEETING, MARCH 30, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS
Allan Payne talked to the council concerning the settlement with International Paper.
_________________________ __________________________________
Mayor Doug Roll City Clerk-Treasurer Glena L. Hook
SPECIAL COUNCIL MEETING, MARCH 30, 2010 @ 7:00PM IN THE COUNCIL CHAMBERS
The Mayor, Council, State Representative, Jerry Bennett and several citizens of the public discussed the Medical Marijuana issues and problems. The Mayor asked for written ideas on how to solve some of the problems and stated that another meeting on the subject would be held at a later date.
_________________________ __________________________________
Mayor Doug Roll City Clerk-Treasurer Glena L. Hook