THE 1345th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 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
Prayer was offered by Roy Yoder of the Amish Church.
Mrs. Orr made a motion to approve the minutes from Regular Meeting February 22, 2011, and Special Meeting February 22, 2011.
Mrs. Lawrence seconded the motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that there would be a rally with the Montanore Positive Action Committee at the Fireman’s Park on March 31, 2011 in the afternoon.
Mayor Roll announced that the City received a certificate from the Montana Secretary of State’s Office commending the City of Libby for 100 years of business.
Mayor Roll announced that there would be a meeting with Attorney Alan Payne at 4:30 and another meeting at 5:30 with EPA on Tuesday, March 8, 2011.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; Fire Chief Tom Wood reported that there were 3 fires in the city and 2 in the county for a total of 5 fires that the Libby Fire Department responded to during the month of February 2011.
Resolutions/Ordinances; None
Personnel; None
Building; None
Finance; None
Water/Sewer; Mrs. Benson reported that the bid opening for the Wastewater Treatment Plant Project has been extended 2 days from March 15th to March 17th, 2011 @ 2pm.
Budget/Finance; None
Police; None
Lights/Streets/Sidewalks; None
City Administrators Report; None
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
Allen Olsen of Antler Tree Nursery ask the council if he would be permitted to speak when item number 11 on the agenda concerning the DNRC report was brought up during the meeting. The mayor answered that he would be permitted to make comment.
UNFINISHED BUSINESS
NEW BUSINESS
Terry Peck, Pet Parade and Street Closure approval;
Mr. Orr made a motion to approve the Pet Parade and the Street Closure on Mineral Avenue between 4thand 5th Street for the Pet Parade on Saturday April 16, 2011 between the hours of 9:00am and 10:00am pending the approval of the City Attorney.
Mrs. Williams seconded the motion.
Motion Passed
Kristin Smith, Planning Director for Lincoln County spoke to the council about the one year extension for the Fairway Heights, Jacoby Homes subdivision.
Mrs. Williams made a motion to approve the one year extension which would be until October 2011.
Mrs. Benson seconded the motion.
Motion Passed.
Mr. Orr recused himself from voting.
Mayor Roll announced that he would like council to look at the way the Lighting and Sprinkling assessments were done and told the council he would get some information together for the next meeting.
COUNCIL ACTION/DISCUSSION
Mayor Roll announced that he would like the council to plan some projects for the International Paper money and said he would like to focus on this at the next meeting.
Ryan Jones of Morrison-Maierle spoke to the council about the report on the Flower Creek Dam. Mr. Jones stated they had received the report from URS and that at the request of the council Morrison-Maierle, Entel Engineering and Geo Science reviewed the URS report. Mr. Jones stated that their response to the report is outlined in a letter dated March 3, 2011 which he believed everyone had received a copy of. Mr. Jones stated that Morrison-Maierle was standing by their initial report from January 11, 2011, which is dam replacement, or lowering and modifying to a safer configuration along with the installation of an early warning system to provide warning to downstream residents. Mayor Roll stated he believed the dam needs to be replaced. The council will have another meeting to discuss the dam with Ryan Jones.
DNRC report; Mayor Roll asked about where we were at on the DNRC report. Mr. Bischoff stated everything looked good to him. Mr. Orr stated that Troy was getting their dead trees replaced for free. Mr. Orr stated he did not feel the city should incur any more expenses from this. Mrs. Lawrence was asked to look into what Troy did to get their trees replaced. Mrs. Lawrence felt it was not her business. Jim Hammons was asked to call Troy and see what he could find out. Mr. Orr stated that if the trees were dead when delivered the city has no obligation to pay for them. Mrs. Lawrence stated that the trees that were delivered were not dead when delivered and stated that DNRC said there were several issues that could have contributed to the demise of our trees and that they could not pin it on any one thing that they had observed themselves. Mr. Orr asked Mrs. Lawrence if she had negotiated for tree replacement for Libby. Mrs. Lawrence stated that she had not negotiated for any trees and that the DNRC Grant was over. Mrs. Lawrence stated that the Tree Board was going to provide $1000 toward the purchase of some trees. Mr. Orr requested that the council be kept updated on how this proceeds. Mr. Orr said that we have been left in the dirt all year. Mr. Bischoff disagreed with Mr. Orr and stated he did not think we have been left in the dirt. Mr. Bischoff stated that he feels Mrs. Lawrence has kept the council well informed and stated that Mr. Orr was supplied a lot of information from the Grant. The mayor asked the council if anyone else felt they had not been kept updated. Mrs. Benson stated she was fine with everything that has been presented. No other council commented on the mayor’s question. The mayor stated that they would continue to do as previously and update as things go on. Allen Olsen of Antler Tree Nursery stated he listened to at least ten untruths out of the Administrators mouth. Allen Olsen stated that Mark Lennon of DNRC and Jamie Brebner told bald faced lies. Mayor Roll stated that was his opinion and asked Mr. Olsen not to call anyone a liar. Mr. Olsen said he had stated previously that the trees in Troy were bad and that the council continued to compare. Mr. Olsen did not agree with Mrs. Lawrence’s statements and called the mayor and council dishonest. The mayor dismissed Mr. Olsen. Mr. Orr asked Mr. Olsen if he got his full contract paid. Mr. Olsen said no he did not get paid for his full contract. Mayor Roll announced that the work had not been completed as asked and when looked at by some of council and his self was verified not to be completed. Mayor Roll stated the contract was then terminated.
Approval of Business Licenses received to date;
Mr. Orr made a motion to approve the Business Licenses received to date.
Mr. Bischoff seconded the motion.
Motion Passed
Approval of Claims and Payroll for February 2011;
Mr. Bischoff made a motion to approve Claims and Payroll for February 2011.
Mr. Orr seconded the motion.
Motion Passed.
Mr. Orr asked the Noble’s to explain their billing process and why they felt they needed a watchman and foreman for each machine. Mr. Noble explained why he has a watchman and foreman on each excavator.
Mr. Orr made a motion to deny paying for a watchman and foreman for the two excavators.
The motion died for lack of a second.
Mr. Noble stated that he would donate his business’s work on the Flower Creek Flood to the City of Libby.
Mrs. Lawrence made a motion to pay Noble Excavating for the full bill.
Mr. Bischoff seconded the motion.
Motion Passed.
HEAR FROM THE PUBLIC
None
ADJOURNMENT
Meeting was adjourned at 8:10pm.
_________________________ Attest; ______________________________
Mayor Doug Roll City Clerk-Treasurer, Glena L. Hook
APPROVED
SPECIAL COUNCIL MEETING TUESDAY, MARCH 8, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL
Mayor Roll called the meeting to order at 5:32pm. Rebecca Thomas of the EPA and Victor Ketellapper of the EPA were present. Mrs. Williams, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney, Jim Reintsma, City Administrator Jim Hammons and City Clerk-Treasurer, Glena Hook was also present. Mrs. Lawrence was absent.
The substance of this meeting was to ask EPA if they would work with the City on the clean-up at the OU1 site, River Front Park. The EPA has issued a letter to the City stating they wanted access to the site by late April or early May. Mayor Roll asked if the EPA would be willing to work with the city with a conditional consent. Rebecca Thomas said that it may be a possibility. Melissa from WGM, the city council’s choice for engineering the OU1 park plan, stated that she thought WGM could complete a rough engineering plan by mid to late April. Mayor Roll asked what would happen if the city denied access to the site. Rebecca Thomas said she did not know, but would hope the city and EPA could work together. The main concerns with the OU1 site are grading, drainage, utility corridors, boat ramp, road access and roads. The mayor and council would like to work with EPA to address these concerns using an engineered park plan from WGM. The mayor and council decided to have Attorney, Jim Reintsma write a letter to EPA with conditions for access to the OU1 site after rough engineering plans are completed. There will be a meeting to discuss and approve the letter to EPA on Thursday, March 10, 2011 at 5:30pm.
Mr. Orr brought up a letter from the EPA dated May 4, 2005 stating the Removal Action at OU2 to be complete and that the property is safe for all uses and there are no specific restrictions on use. Mr. Orr brought up that because of this letter the Search and Rescue building was built on this site and now the building is contaminated. Mr. Orr as well as the mayor and other council members believe EPA should be responsible for clean-up of this building. There was no specific comment from the EPA on this issue.
The meeting was adjourned at 6:25pm
______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
SPECIAL COUNCIL MEETING THURSDAY, MARCH 10, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS AT CITY HALL
Mayor Roll called the City Council meeting to order at 5:35pm. Council members in attendance were Mr. Bischoff, Mr. Orr, Mrs. Desch, Mrs. Williams and Mrs. Benson.
Also at the meeting were Ryan Jones and Jeff Cicon, from Morrison and Maierle, Jim Hammons, City Administrator, Vic White, Lincoln County EMA and Charlie Comer Corps of Engineers.
This meeting was called to discuss the Flower Creek Dam and provide an extension letter to EPA.
After starting the meeting with Morrison and Maierle, Rebecca Thomas arrived and was handed a letter from the Mayor, asking EPA for an extension on the access to OU-1. Mayor Roll explained to Ms. Thomas that the council had looked over the letter and was in agreement on its content.
Mayor Roll then continued with the meeting explaining to everyone that the “risks and the unknowns” of the dam were too great to ignore and we need to make it clear to the funding agencies and the congressional delegation the urgency of the situation with the dam. The Mayor mentioned that at the end of the meeting he would like to have a motion from the council to move forward on the replacement of the dam. Also he requested that we make a resolution for funding to our congressional delegation and any other funding sources that may be able to help.
Ryan Jones explained that the DNRC is not comfortable with reissuing a license to permit the dam in 2015 with out rehab, repair or replacement that meet the DNRC’s safety standards. Mr. Jones also stated that the report done by URS, the firm wanting to do more testing of the dam, which could run up in the neighborhood of $250,000, was not the best use of the cities resource.
Mr. Jones went on to say that to do a project of this magnitude that we have to look at all options. He then explained what the needs are to the city with the population and the amount of water storage the city would require, to maintain an adequate water supply.
Flower Creek dam has 250 acre feet of water in the reservoir. If the dam were to be drawn down, 50 acre feet would be the minimum amount of water the city would need. Mr. Jones said that in a drought year the city could see some type of water shortage or rationing. This is not because of the capacity of the reservoir; it’s due to the sluice gate at the dam not being operational. The city has roughly 3,500 people on the water system and the capacity of the existing reservoir could service up to 10,000 according to Mr. Jones.
Alternatives were discussed on how best to deal with the dam. The first being “No Action” but chances are we would not be able to be relicensed in 2015. The next was surface water. Parmenter Creek, Granite Creek, Big Cherry Creek and the Kootenai River were all looked into as possible sources to be pumped up to the treatment plant. Because of pumping, infrastructure, upgrading the treatment plant, long term O&M cost, and the need for storage, these alternatives are not the best solution to the problem.
Groundwater was also discussed as an alternative. Mr. Jones said the city had hired an engineering firm in 1990, J-U-B out of Idaho to do a Water Master Plan. Due to contamination from the Champion mill site, wells could not be drilled. Other well sites were looked at but none that would be capable of supplying enough water to the city. At that time the city look at building the water treatment plant and continuing to use Flower Creek as the sole water source Mr. Jones explained.
Mr. Jones talked about ways to rehab the existing dam, with grouting and a thin veneer on the downstream face. There was discussion on whether this would work and extensive studies and testing would have to be done. This option would have an estimated lifespan of 25 years and would cost $1,895,000. Replace existing structure with a thin arch shaped dam. This type of dam requires more complex design and construction. It would have a lifespan 75-100 years and cost $4,400,000. Replace existing structure with a Roller Compacted concrete structure. This would be less complicated to design and build. It would have a higher factor of safety, but would use more materials and be more costly. Lifespan of 75-100 years, and cost $5,600,000. Another option would be to have a pumping station on the Kootenai River, but because of the unforeseen issues with our existing infrastructure, running a main line from the river to the treatment plant could be very expensive, plus the O&M costs. Electricity alone could run $200,000 a year for the pumps. Lifespan of the pumps would be 20 years and cost $7,550,000. Also if the city did choose to use the Kootenai River as an alternative, we would have to take Flower Creek dam down and remove it. There would be considerable costs involved, in doing this, Mr. Jones explained. The last option that was proposed by Mr. Jones was an Emergency Alternative. They would drop the reservoir to 50 acre feet and remove the top portion of the dam to take away the threat of a failure. This would be a short term solution and water would have to be carefully managed. There was some discussion on the removing of the upper part of the dam and could the city get by with 50 acre feet of water? Mrs. William asked if 50 acre feet were too little and 250 acre feet a lot, would a smaller dam be feasible Mr. Jones mentioned that you probably would want to keep the existing amount at the reservoir that we have now. Mayor Roll stated that we might even want to increase the capacity if we are looking at hydro power. Mr. Jones agreed, saying that more capacity would generate more hydro power and that if you are going to go through the expense of building a new dam, that incorporating hydro power only makes sense. Mayor Roll mentioned that with FEC showing a lot of interest in buying hydro power and helping to possibly pay for part of the construction, that we should pursue implementing hydro power into the project.
Finally, Mr. Jones made a recommendation that they feel (Morrison and Maierle Inc.) would be best for the city, replacement of Flower Creek dam either with the Thin Arch structure or the RCC structure. This would be the city’s best option for long term, he explained. Mr. Jones also brought up the fact that it would take at least a year to do all the geo technical studies before we could go to design of a new dam. Therefore, the city could go to bid in early 2013 with construction starting later that same year.
Mr. Bischoff asked if the costs that were presented also included demolition of the existing dam. Mr. Jones stated that it did include demolition. Discussion followed concerning if the new dam would be built in the same place as the old one or further down stream. Also the issue of storage was brought up if they have to remove the dam and build the new one in its place. This would all be worked out in the design plans for the new dam Mr. Jones explained. Ms. Benson made the comment that she would not like to spend 2 million dollars if it was not going to fix the problem and have the same issues 20 years down the road. She feels the city should take care of the problem now and be done with it. Mayor Roll brought up to the council that safety of the citizens of Libby is paramount and that replacement of the dam is really the only option we have. Mr. Jones said, the DNRC would probably not relicense the dam if we did nothing but by showing that we are moving forward with replacement, they would possibly work with the city on granting an extension. With replacement of the dam the real issue now becomes funding. We are looking at all the funding agencies, Mr. Jones said and that we will need to get the congressional delegation involved also. Mayor Roll asked if the early warning system was still on the Governors’ desk. Mr. Jones said yes. Ms. Williams asked if the city could get funding in stages of the project. Mr. Jones said he was not sure and that some agencies will not reimburse work that is already done. “But I can’t image you being able to find funding for the whole project” Mr. Jones said. Mr. Orr asked if FEC would be a potential funding partner. Mr. Jones stated that possibly they would and during meetings with them they have shown a lot of interest in the project. FEC is currently partnering with the City of Whitefish, and would do something similar with the City of Libby on hydro power generation. Mayor Roll then asked what we need to do now to move forward. Mr. Jones said that he would have to put together a task order of the scope of work in order to proceed. Discussion followed and Mayor Roll said that we should have a formal resolution put together for the congressional delegation explaining our situation on health and safety. Mayor Roll then asked for a motion on moving forward with the task order on the scope of work for the dam. Ms. William made the motion to put together a task order, seconded by Mr. Bischoff. Discussion followed by Mr. Orr asking if the DNRC put their words in writing that they would not permit the dam in 2015. Mr. Hammons mentioned an e-mail he had received stating that the DNRC was concerned about the condition of the dam and that the city should move forward with repairs or replacement. Mr. Jones said he could contact DNRC and see if they would put it in writing. He mentioned that they were extremely uncomfortable with the situation and would not commit to any decision on dam replacement. The vote was taken and passed unanimously in favor of moving forward with the task order. Discussion followed after the vote on the resolution to the congregational delegation and also on the early warning system. Mr. Jones hoped to hear back from the DNRC soon on where they were at with the letter to the Governor about the funding for the early warning system. Mr. Jones would let the city know as soon as he heard anything on the emergency letter.
Mayor Roll closed the meeting at 6:25 pm.
______________________ Attest; ________________________
Mayor Doug Roll Glena L. Hook, City Clerk-Treasurer
APPROVED
THE 1346th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 21, 2011 @ 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, Mr. Orr, 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. Mrs. Lawrence and Mrs. Benson were absent.
Prayer was offered by Robert Mast of the Eagle Valley Community Church.
Mr. Orr made a motion to approve the minutes from Regular Meeting March 7, 2011, Special Executive Meeting March 8, 2011 and Special Meeting March 8, 2011.
Mr. Bischoff seconded the motion.
Mr. Orr made an amendment to the motion to approve minutes from March 7, 2011 and to withhold the minutes of March 8, 2011 Special Executive Meeting until the review of the recording could be done.
Mrs. Williams seconded the amended motion.
Motion Passed
ANNOUNCEMENTS
Mayor Roll announced that next Monday a 6:00pm they would have the Judicial/Law Enforcement Workshop for council.
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; None
Resolutions/Ordinances; None
Personnel; None
Building; None
Finance; Clerk Hook reported that she had finished reconciling for February 2011.
Water/Sewer; None
Budget/Finance; None
Police; None
Lights/Streets/Sidewalks; None
City Administrators Report; None
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA
None
UNFINISHED BUSINESS
None
NEW BUSINESS
Bob DeBorde of the Libby Park District Board talked to the mayor and council about help that they might be able to provide the City concerning the River Front Park Project. Mr. DeBorde commented that the Libby Park District Board is willing to help where they can. Mr. DeBorde stated that what they normally do is when the project gets into the latter stages of planning or it’s started they look at it to see how they could contribute. Mr. DeBorde stated that the Park Board appreciated being brought on board with this as early as possible.
Preliminary Plat Extension for Westland Amended Lot 5 Subdivision; Kristen Smith Lincoln County Planning Director, spoke to the council and mayor about a 1 year extension for the Westland Amended Lot 5.
Mr. Bischoff made a motion to approve the 1 year Preliminary Plat Extension for Westland Amended Lot 5.
Mrs. Desch seconded the motion.
Motion Passed
Preliminary Plat Extension for Cabinet View Country Club Subdivision; Kristen Smith Lincoln County Planning Director, spoke to the council and mayor about a 1 year extension for the Cabinet View Country Club Subdivision. A 1 year extension would give them until October 2011 which is 1 year from the original approval date.
Mrs. Williams made a motion to approve the 1 year extension for Cabinet View Country Club Subdivision.
Mr. Bischoff seconded the motion.
Motion Passed
Dan Thede of, Habitat for Humanity, came before the council and mayor to ask for a zoning variance for a Habitat House to be built at 1st Street Lot A.
Mr. Bischoff made a motion to approve the zoning variance at 1st Street Lot A.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the approval.
COUNCIL ACTION/DISCUSSION
Mayor Roll stated that he had spoken to the council about setting down and talking about what the Council wanted to do with the IP money. Mayor Roll asked Ryan Jones of Morrison-Maierle to speak to the council. Ryan Jones of Morrison-Maierle spoke to the council and mayor about the Executive Summary that Morrison-Maierle put together for the City concerning the Distribution System Assessment and Improvement Alternatives. Ryan Jones stated he had been working with Jim Hammons on completion of the water system PER. Mr. Jones stated he was here tonight to answer any questions the council and mayor may have.
City Administrator Jim Hammons handed out his report on different project that some of the International Paper money should be spent on. Mr. Hammons stated some of the projects he felt needed to be addressed starting with the replacement of all stopped water meters, check all larger meters for correct reading per gallon, contract out for leak detection of water mains, start replacing mains per leak detection report and put in Pressure Reduction Valves when problem mains have been replaced.
Ryan Jones stated that there is an average of 74% of treated water that is unaccounted for. Mr. Jones also stated that the Bid Summary with recommendations for the Waste Water Project will be sent out this week.
HEAR FROM THE PUBLIC
Allen Olsen of 703 Louisiana stated he thought that at the last council meeting there was a few fabrications that were told and wanted to point out a couple of them. Mr. Olsen stated that “you are telling these people I didn’t finish my contract and I have a letter from you on July 12th cancelling the contract therefore I could not plant the trees in the fall like I was told and the other thing in here you also stated that you guys transplanted the trees in the fall and I told you guys did not and that was an untrue and I would like to pass out to the council maybe even on camera all five of the trees that I planted are exactly the same way so like I said before many untruths Mr. Roll.” Mayor Roll answered is that DNRC asked us to wait until Spring to replant those because they felt they would have better survival rate. Mr. Olsen stated that was the first he had heard of it. Mr. Olsen stated that if he had not gotten the letter he would have replanted the trees. Mayor Roll asked if Mr. Olsen had anything else. Mr. Orr called a point of order and stated “let him speak and then ask him if anything else. Mr. Olsen asked Mayor Roll if he was going to admit to the untruths told at the last meeting. Mayor Roll answered no.
Kristin Smith Lincoln County Planning Director, spoke to the council and mayor stating MDT has issued an opportunity for local communities to development a community transportation safety plan and it is all incorporated so Cities are eligible. She read a short paragraph stating the MDT is seeking letters in interest from communities wanting technical and financial assistance for developing a community transportation safety plan. The plans will identify safety issues and an action plan to address them. The application deadline for submitting letters of interest is April 30th, 2011. Mrs. Smith stated if the City was interested she would be happy to look into it further. Mrs. Smith also mentioned that if the City needed she could offer professional evaluations and recommendations for zoning variances in the future.
ADJOURNMENT
Meeting was adjourned at 7:38pm.