THE 1304th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 4, 2009 @ 7:00 PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The regular meeting was called to order at 7:00 pm by Mayor Roll, who led the Pledge of Allegiance and welcomed the public. Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present. City Supervisor Dan Thede, City Attorney Chuck Evans and Deputy City Clerk Tanya Gehrke were also present. Council member Mrs. Williams was absent. Prayer was offered by Pastor Ron Miller of the Missionary Bible Church.
Mr. Bischoff made a motion to accept the Regular Meeting minutes from April 20, 2009 and corrected minutes from the Working Committee Meeting April 27, 2009 which include spelling and punctuation corrections along with the addition of Mr. Orr asking Mr. Ketellapper of the EPA to provide something in writing to the City of Libby as to their decision.
Mr. McElmurry seconded the motion.
Motion passed.
COMMITTEE REPORTS
Cemetery/Parks: Mr. Bothman reported that there was a draft of the plans for River Front Park. Mayor Roll asked that copies be made and be available to the public. Also Mr. Bothman stated that he has been in contact with Dan Williams with Lincoln County Weed Control regarding weed eradication.
Lights/Streets/Sidewalks: With respect to Lincoln County’s request to add parking on one of the streets by the library, Mr. Bothman and Mr. Carter checked on the parking situation on the 500 block of Main Street by the Post Office and County Library Building. They are not ready to make a recommendation yet but they have scoped out some areas that would be suitable for diagonal parking since the street is so wide in that area.
Water/Sewer: None.
Fire: Mr. Carter has spoken to Ed Levert and Ed will be at the Wednesday morning meeting at Henry’s to bring the Council up to date on the Fire Wise Community.
Budget/Finance: None at this time. Budgeting is to begin soon after Clerk Glena Hook returns from training in Billings.
Police: Mr. Orr reported that the police had 139 calls, 26 arrests and issued 23 citations. He presented the Mayor with a Mayors Police Report which included last month’s events, the current months events, and upcoming events through July 2009. The Highway Patrol had inquired about the possibility of renting a portion of the old City Hall mainly for storage since they are losing their space at the County.
Personnel: Mayor Roll would like to have something put together on City Supervisor, Dan Thede’s job description by the next meeting.
UNFINISHED BUSINESS
CD #118853 for the amount of $114,000 was addressed. The City of Libby proposed to turn the CD over to the Town of Troy. Mayor Jim Hammons of the Town of Troy was present.
Mr. Bischoff made a motion to transfer CD #118853 to the Town of Troy for management. After a lengthy discussion Mr. Bischoff amended his motion to include if additional commitments were already in place pertaining to CD #118853 they would be followed.
Mr. Bothman seconded this motion.
Motion passed.
James Regh, Water & Sewer main extension request. Mr. Regh was not in attendance. Mr. Bothman spoke for the committee and reported that the committee recommended not sharing the expense with James Regh.
Mr. Orr made a motion to accept the recommendation of the committee.
Mr. McElmurry seconded the motion.
Motion passed.
Resolution #1722 in support of Stinger Welding was read by Mayor Roll. Mr. Carter asked to have the wording changed to say, “serious interest in doing so” instead of “serious interest in doing to”.
Mr. Bischoff made a motion to adopt Resolution #1722 with the word change.
Mr. Bothman seconded the motion.
Motion passed unanimously.
Ordinance #1724 Skate Board Ordinance, first reading, was read by Mayor Roll.
Mr. Orr made a motion to adopt Ordinance #1724.
Mr. McElmurry seconded the motion.
Motion passed unanimously.
Todd Berget-Bridge Concept; Mr. Bothman said that the Parks committee recommended not to help fund this project since it was being put on private property.
Mr. Carter made a motion to accept the committee’s recommendation.
Mr. Orr seconded.
Motion passed.
NEW BUSINESS
Resolution #1725 Intent to adopt Permissive Medical Levy; The council was not ready to make a decision. Resolution #1725 is to be put on the next agenda.
Resolution #1726 Budget Amendment, TSEP Grant;
Mr. Bothman made a motion to accept as read.
Mr. Bischoff seconded the motion.
Motion passed unanimously.
Resolution #1727 Authorize Multi-Jurisdictional Application for CDBG.
Mr. McElmurry made a motion to accept.
Mr. Bischoff seconded.
Motion passed unanimously.
Trent Oelberg, Assembly of God, discharge well; The Assembly of God Church is drilling a well that is to be used only for a heat pump or as a geothermal device. Mayor Roll asked if a permit is required. Mr. Thede said that the City does not require a permit.
American Legion Ball Fields Maintenance; Scott Foss 1776 Farm to Market Road Libby, Montana addressed the Council and passed out handouts. 2009 is the 20th Anniversary of Legion baseball. They have a yearly budget of $40,000.00 to $50,000.00 and have an economic impact on the community of approx. $450,000.00 with the different tournaments and games held throughout the year. Lee Gehring ballfield is a top quality facility. Scott was asking for the Councils commitment to help with the $16,820.00 fence. There was no decision made. This is to be put on the May 18, 2009 agenda.
COUNCIL ACTION/DISCUSSION
Tree Board, Bid Discussion; Mayor Roll stated that the Tree Board was over budget on the cost of their trees. Mayor Roll then read a letter from Vicky Lawrence of the Tree Board which stated that Mr. Olson of Antler Tree Nursery did not adhere to the estimate or specifications of the contract for the tree that were purchased from Antler Tree Nursery. Mr. Olson did not agree with Vicki Lawrence’s letter. Mr. Allen Olson with Antler Tree Nursery approached the Council and explained why his bill was higher than the estimated one. Mr. Olson admitted that he had made a mistake on one of the bills and he asked the City if they would pay the adjusted bill. After a discussion Mayor Roll said that he would meet with Vicky Lawrence and discuss her letter and the amounts would also be discussed.
MMIA Insurance Resolutions will be put on next meetings agenda.
Approval of Payroll and Claims for April 2009.
Mr. Bischoff made a motion to pay payroll and claims.
Mr. Orr seconded.
Motion passed unanimously.
ANNOUNCEMENTS
City of Libby further plans for the Old Export site; Mrs. Williams asked if the concrete work could be put off while the plans are being worked on. Trent Oelberg stated that the concrete work is being paid for with grant money and it needs to be completed by May 31, 2009. One of the things questioned was the ADA restrooms and their location. Mr. Orr said that the Council is looking into the project and will provide input. They will be meeting with Trent Oelberg at a later date.
HEAR THE PUBLIC
James Rostorfer of 67 Reese Court Sp 60 Libby, Montana questioned the drilling of wells in the City limits and was wondering if there was any testing required by the State.
Allen Olson of 976 Highway 2 South Libby asked what it took to get copies of grants. He said he has requested copies numerous times.
ADJOURNMENT
The meeting was adjourned by Mayor Roll at 8:17 PM.
______________________________
Mayor Doug Roll
Attest:
Deputy City Clerk, Tanya R. Gehrke
PUBLIC HEARING MONDAY MAY 18, 2009 @ 6:00PM IN THE COUNCIL CHAMBERS
Mayor Roll called the public hearing to order at 6:02pm. Mayor Roll spoke first about the Cabinet Heights Sewer Project and explained why the City needed to increase the sewer rates for the project. Mayor Roll also spoke about the water base rate being credited to each customer in the city limits for three month during the summer stating that even with the sewer rate increase each customer should still see some savings on their water/sewer bill for the year.
Harry Whalen of Rural Water spoke about the sewer rate increase and went over the handout he had and explained the rate increase. Mr. Whalen stated that after the project is finished and the Bond is in place the sewer rates can be revisited and a possible decrease in the sewer rates may be possible.
Jim Morey of 1010 California Ave. Libby stated that he didn’t think he should be charged for sewer at his rental that has no one living in it. He also stated that his shop only uses 200 gallons of water a month and is being charges over $40 per month. Mr. Morey wanted to know if the sewer plant could handle the extra waste that would be produced by the new sewer project. Mayor Roll stated that the sewer plant would be able to handle the Cabinet Heights Project.
Mark Fennessey of 313 Lincoln Blvd. Libby stated that he did not think it was fair to the current customers to have to pay for the Cabinet Heights Project. He stated that he did not believe that raising the sewer rates will benefit anyone in the City. He stated that an SID should have been used to do the project.
Rose Marie Roberts of 412 W 10th St. Libby wanted to know why she has to pay for watering in the summer when it doesn’t go down the sewer. Mayor Roll explained that the sewer rates were based on water usage during the winter months of October, November and December.
Gary Beach of 1310 Utah, Libby stated he was against the Cabinet Heights Project and feels it is a burden to the people. Mr. Beach also stated that he did not believe that the sewer rates would be able to be reduced after the finish of the project until the lots were sold in the Cabinet Heights area. Mr. Beach also stated that the benefit is going to be for the golf course and no one else out of the project area. Mayor Roll explained that the sewer rates would be dropped if the study at the end of the project shows that the increased rates are in excess.
Lee Jensen of 810 Wisconsin Ave. Libby wanted to know if this project would affect his water pressure. Mayor Roll explained that the Cabinet Heights Sewer Project would not affect his water pressure.
Public Hearing adjourned at 6:41pm.
_______________________________
Mayor Doug Roll
City Clerk/Treasurer Glena L. Hook
THE 1305th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 18, 2009 @ 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. Bothman, Mr. Orr, Mr. Carter, and Mr. Bischoff were present. City Supervisor Dan Thede, City Attorney Chuck Evans and City Clerk Glena Hook were also present. Council member Mr. McElmurry was absent.
Mrs. Williams made a motion to accept the Regular Meeting minutes from May 4, 2009 and Public Hearing minutes from April 22, 2009.
Mr. Carter seconded the motion.
Motion passed.
COMMITTEE REPORTS
No Committee Reports
UNFINISHED BUSINESS
City Clerk Glena Hook explained the MMIA Resolutions and told the council that the Mayor would be the signer on them and they would be attested by the City Clerk.
Mayor Roll moved the American Legion Ball Field fencing business to the next meeting to give more time for preparation.
City Clerk Glena Hook explained the Permissive Medical Levy and asked the council if they would keep it in mind that she would work up some figures before next year to bring before the council.
Comments on the River Front Park;
John Klag of 274 Colorado Ave., Libby; Believes the City has a good start with the River Front Park. He wanted to know why the City would want to put industry at the River Front Park area when it could be used as all park area. Council member Ron Carter explained that the area is known as the Industrial Park Area and as near to the Railroad as it is that it would be a good idea to keep the city’s options open. Mr. Klag also reported that trucks were speeding down the City Service Road and stated that he had asked for speed limit signs before. Mayor Roll asked City Supervisor Dan Thede to have speed limit signs put up on City Service Road.
Phillip Erquiaga of 82 Cedar St. Ext., Libby; Mr. Erquiaga commented that he was representing himself and others. Mr. Erquiaga stated he and others were in opposition to putting industry in the River Front Park area. He also stated that there needs to be a barrier along the railroad tracks to keep the children safe. He also wanted to know why the urgency to build an Industrial Park. Council member DC Orr explained that the urgency was to get a plan to the EPA so they could devise a plan for their clean up in the area. Mr. Orr also stated the railroad spur is already there and existing and able to be used for an Industrial Park with the possibility of creating jobs and revenue for the city. Mayor Roll stated that this plan is a concept not a definite plan. Mayor Roll also stated that the city needs to get a plan to the EPA so they can plan a cleanup that would leave the Industrial Park capable of putting industry and/or businesses in the area. Phillip Erquiaga stated he had received 47 emails from Libby residents and 44 opposed the plan, 1 believed Libby should be bulldozed and 2 were in favor of the plan.
Richard Lang of 1321 Montana Ave., Libby stated he was in opposition to anything industrial going into the River Front Park area and believes that industry would spoil the park area. He believes that Libby needs a green space for people to go to. He also would like to see the park expanded for seniors and others to use as a safe area to go.
Chuck Woods of 217 Snowy View Dr. Libby stated he saw the proposed plan in the paper for the Industrial Park and believes there is no room for industry in that area. Mr. Woods stated he believes the city should use the industrial area it already has and expand the park area.
Elvey Miller of 136 Meadowlark Ln. Libby stated that many people put their sweat into the pavilion. The Amish community as well as many others of the community helped to build the pavilion. Mr. Miller stated he was shocked and disappointed about the idea of putting industry down by the pavilion. Mr. Miller said the Amish has reconciled with the city to repay a debt that was owed and maybe some business that would complement the park area would work but does not want to see industry go into the River Front Park. Mr. Miller would like to see the old Stimpson area used for industry and expand the River Front Park. Mr. Miller said it would be a tragedy to put the wrong kind of infrastructure in the River Front Park area.
Mayor Roll asked for a show of hands on who was against industry at the River Front Park. Most of the audience raised their hands. He then asked who was for industry at the River Front Park. No one in the audience raised their hands. Council member DC Orr raised his hand for industry at the River Front Park. Council member Ron Carter stated that the plans show a new road and a double row of trees to block the industrial area from the park area. He also stated that businesses that complement the park area would work well.
NEW BUSINESS
Mayor Roll decided to put the Resolution to pay time sensitive claims on the next agenda.
Gary Swenson of CAMP, Committee for Asbestos Memorial Project, spoke to the council about putting a four foot fence up at the River Front Park with fish that has the names of the asbestos victims on it. He stated that a charge of $100 per fish would pay for the fish and leave $50 to go towards up keep on the fence. Mayor Roll stated that he would set up a meeting with CAMP to discuss this further.
COUNCIL ACTION/DISCUSSION
The mayor and council discussed the office space at Old City Hall that the Highway Patrol asked for. Mayor Roll stated that Trent Oelberg’s office could be moved to the other side of the building and the Highway Patrol could have Trent’s old office space.
DC Orr made a motion to revisit and reconsider CD # 118853 that was given to the City of Troy at the last meeting.
Mr. Bothman seconded the motion.
Mrs. Williams abstained from voting, Mr. Bothman, Mr. Orr and Mr. Carter voted for the motion, Mr. Bischoff voted against the motion.
Motion Passed
ANNOUNCEMENTS
HEAR THE PUBLIC
Bill Cunane of 622 Michigan Ave. Libby representing the Lincoln County Amateur Ham Radio Group wanted to invite the council and mayor to come to the Heritage Museum on May 30, 2009 starting at 9:00am to enjoy radio operation, food and fun.
Randy Remp of 1001 No. Hwy 2 stated he did not believe the new plan for the City Service Rd. will work and that there will not be enough room to see when trucks are trying to get around the Search and Rescue building. He stated that by having to make a hard left at the Search and Rescue building you can’t see oncoming traffic.
Joann Newman of 302 City Service Rd. Libby stated that she did not think the plans for the new City Service Rd. would work either and that she also does not want to see industry go into the River Front Park area.
ADJOURNMENT
The meeting was adjourned by Mayor Roll at 8:12 PM.
______________________________
Mayor Doug Roll
Attest:
City Clerk, Glena L. Hook
SPECIAL COUNCIL MEETING WEDNESDAY, MAY 20, 2009 @ 5:30PM IN THE COUNCIL CHAMBERS
The meeting was called to order @ 5:35pm by Mayor Doug Roll who led the pledge of allegiance.
Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present. City Clerk Glena L. Hook was also present.
Mr. Bischoff made a motion to approve Resolution # 1725 increasing the sewer rates.
Mrs. Williams seconded the motion.
Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff voted to approve Resolution # 1725.
The motion passed unanimously.
The Council discussed and wanted entered into the minutes that as soon as possible the sewer rates would be revisited and lowered if possible.
The meeting was adjourned @ 6:45pm.
________________________________
Mayor Doug Roll
Attest:
City Clerk /Treasurer Glena L. Hook