APPROVED

THE 1359th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 3, 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, City Attorney Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.

Prayer offered by Robert Mast.

Mrs. Lawrence made a motion to approve the minutes from the Regular Meeting September19, 2011. Mr. Bischoff seconded the motion. Motion Passed

ANNOUNCEMENTS

Mayor Roll announced he would be gone a few days this week to the MLCT Convention in Billings. Mayor Roll stated Jim and the County crew went up to look at the site for the Flower Creek road. Mayor Roll stated we should hopefully be able to do the road but it is getting late in the season.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated the Amish came on Sunday, October 2nd and worked on the cemetery. Mrs. Williams stated they did a lot of work on the grave sites. A card is to be sent in appreciation.

Fire; Tom Woods Fire Chief stated there were 6 fires in the City but nothing of any major significance. Chief Woods also stated they are putting the roof on the Memorial in Fireman’s Park if anyone wanted to stop down and take a look.

Resolutions/Ordinances; None

Personnel;None

Building; Mrs. Lawrence stated there was something she wanted to discuss when we talked about the Business Licenses. Mayor Roll asked Mrs. Lawrence if she ever came up with any more information on the lighting on the streets (assessments). Mrs. Lawrence stated she had talked to Kristin about it and would remind her of it again.

Water/Sewer; Mrs. Benson stated at the last council meeting she brought up the backhoe repair and handed everyone an estimate from Payne Machinery. Mrs. Benson stated the minimum estimate was $40,000 and Corky Pape Street Supervisor was here tonight to answer any questions the council may have. Mr. Orr asked corky what the three machines the city owned was used for. Mr. Pape answered the 580 Case was dedicated for use in the cemetery, the 680 Case was used for Water Distribution/Street Maintenance and the little one the 380 was used for maintenance at City Hall and for back-up. Mayor Roll asked which backhoe, was the city looking at rebuilding. Mr. Pape answered the 680 as it was the one in the best shape. Mayor Roll stated they had talked about looking for a used backhoe. Mr. Pape stated they had put some feelers out and are waiting to see what they get back. Mr. Orr asked if the excavator has made a big difference. Mr. Pape answered yes we use it a lot. Mayor Roll suggested that some of the IP money be used for a backhoe. Mrs. Lawrence asked how old the backhoes were. Mr. Pape said from the 1980’s except the little one he didn’t know. Mrs. Benson asked if one of the options were to sell all three of them and buy one that is multiuse. Mr. Pape answered the 580 and the 680 were to be sold and the little one to be kept as a back-up. Mayor Roll asked Mr. Pape about going up to the Dam site and doing a little checking. Mr. Pape answered that he did two digs about 7 feet and didn’t find any bedrock. Mayor Roll asked how far down can we go before we hit below the water level. Mr. Hammons answered 7 feet was probably pushing it on the lower pad. Mayor Roll stated the reason he brought this up was because they had a meeting this morning and we have to have bedrock for the pad to set the crane up to work on the Dam so we may have issues. Mayor Roll stated that the backhoe would be put on the next agenda and the suggestion was to sell two and look for a used backhoe. Mrs. Benson stated the sludge press has arrived.

Budget/Finance; Mr. Bischoff stated on the Keith Kinden loan, Glena sent Amy Guth some additional material that she requested and he has not heard back from her yet.

Police; Chief Smith stated that the summer was pretty slow, down to 200 case reports a month, but September bounced up to over 300. Chief Smith stated we did 340 case reports this month, 35 arrests and 28 citations. Mrs. Lawrence stated she heard a rumor that there was a mountain lion near Chief Smith’s house. Chief Smith stated yes there were two, called and reported at Poplar and Louisiana.

Lights/Streets/Sidewalks; None

City Administrators Report; Jim Hammons stated he had put his report in the council packets and asked if there were any questions. Mr. Orr asked about the fire wise project and asked if we were committing any funds to the project. Mr. Hammons stated no we are not.

Finance; City Clerk Glena Hook announced that she had reconciled for August 2011.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS

Remedial and Restoration Agreement at OU1; Mayor Roll stated that last week EPA came to him and they handed him the remedial restoration agreement which council had in their packets. Mayor Roll stated it was based on what the council had asked for a long time ago. The plan that came out last week was emailed to Melissa of WGM. Melissa of WGM looked it over and stated in her opinion that everything in general was where it should be. Mr. Orr stated that at one point we had a building in our plans where the railroad spur was and stated he thought we were going to have utility corridors there. Mayor Roll asked if it was on the plans. Mr. Orr stated it was not on the plans. Mr. Hammons stated the sewer lines goes over there but not the water line but it is something that can be done later. Mr. Bischoff made a motion to adopt the agreement. Mrs. Lawrence seconded the motion. Mr. Orr read number 3 of the Remedial and Restoration Agreement. Mr. Bischoff amended his motion to add, any major changes that occur in design must go though the council. Mrs. Lawrence seconded the amended motion. Mr. Orr made a statement about EPA expanding the Search and Rescue parking lot and instead of digging down 18” they just spread some gravel over it. Mrs. Benson committed on Mr. Orr’s statement about the Search and Rescue parking lot and stated her concerns about the possible violation and stated she thought it should be corrected. Mr. Orr went on the state that the EPA violated the work plan. Mr. Orr made a motion that we amend article #1 with another bullet point to state that any violations of the Record of Decision of Removal Action Work Plan, Remedial Design drawings must be addressed immediately upon the concern being brought to Jim Hammons or Mayor Roll. Mrs. Benson seconded the motion. Mr. Bischoff asked who would make the determination if they are in violation would it be Mr. Orr, Mr. Mayor or the engineer. Mayor Roll announced if it was brought to us then we would make the determination. Council vote on the first motion and amendment to the motion by Mr. Bischoff; Motion Passed. Council vote on Mr. Orr’s second amendment to the motion; Mrs. Williams voted nay, Mrs. Lawrence voted nay, Mrs. Benson voted nay, Mrs. Desch voted nay, Mr. Bischoff voted nay, Mr. Orr voted yes. Motion did not pass. Mr. Orr made a motion to amend the first motion to add that if the city’s representation determines there is a violation in the restoration that the city could demand a work stoppage to correct the problem. Mrs. Williams seconded the motion. Motion Passed.

NEW BUSINESS

Kootenai Pets for life Rummage Sale, Eileen Carney; Eileen Carney spoke to the council about Kootenai Pets for life and explained to the council some of the background of what they do for the community and many things that Kootenai Pets for Life does that is not reimbursed. Eileen Carney stated one of the ways they earn money is to have a rummage sale in the Ponderosa Room and asked to have the fee for renting the Ponderosa Room waved. Mr. Bischoff made a motion to wave the $200 rental fee for the Ponderosa Room for the Kootenai Pets for life. Mrs. Williams seconded the motion. Motion Passed

Jacks Water Works bill; Mrs. Williams stated they have not had a chance to have a committee meeting to discuss the bill. Mrs. Williams made a motion to pay the Jacks Water Works bill out of general fund Parks and Cemetery at this time and if there is a problem with the budget later that it be addressed at that time. Mr. Orr seconded the motion. Motion Passed

U Serve Libby, Inc., Terry Oedewaldt, on backboard next to community tennis courts; Terry Oedewaldt spoke to the council about constructing a backboard at the community tennis courts. Mr. Oedewaldt stated they were not positive where the property line was for the U Serve lease and they were hoping they could permission from the council to construct the backboard and possibly use a little city property. Mayor Roll asked if we need to determine the property line. Mrs. Williams stated yes. Mrs. Williams asked if there was irrigation on that property. Mr. Oedewaldt answered yes there was. Mrs. Williams wanted to make sure the backboard would not damage the trees or the irrigation system. Mr. Oedewaldt stated that it could be moved. Mr. Orr made a motion that the action be approved pending the verification of the property boundaries with the caveat that the council would be agreeable to amending the lease to include the extension of the property boundaries if needed. Mr. Bischoff seconded the motion. Mrs. Benson asked if all the funding was in place at this time. Mr. Oedewaldt answered yes except for possibly the wood for the backboard itself. Motion Passed

Montana Sky Net; Fred Weber from Montana Sky Networks talked to the council about purchasing the fiber optic line from Kalispell to the hospital in Libby. After the purchase Mr. Weber stated he went to the telecommunications provider Windjammer and was informed that Windjammer was going to close their Libby Office. Mr. Weber would like to buy Windjammer telecommunications and asked the council for a letter of endorsement for their RUS application (from the US Department of Agriculture). Mr. Weber explained this was a loan application and Montana Sky Net was looking for an endorsement from the city to the guys at USDA showing that the community was interested in having a local entity bring back local services to the community. Mr. Weber stated the City has to approve the franchisee of the cable system. Mayor Roll wanted to clarify by stating a letter of support could be written if the council chooses to do so but the franchise fees and all the other things need to wait until the next meeting, because there are a lot of questions and council needs to review the old franchise. Mr. Orr made a motion to agree to write a letter of support for the project funding. Mrs. Benson seconded the motion. Mr. Bischoff asked Mr. Weber if all the band width that you are bringing in is going to be available at wholesale rates to other providers. Mr. Weber answered yes it will be. Motion Passed. Mayor Roll stated this would be put on next agenda.

COUNCIL ACTION/DISCUSSION

Cabinet Heights Golf Course Loan; Mr. Bischoff stated he thought the letter Cabinet Heights Golf Course sent us is tell us they are trying to move forward. Mayor Roll stated it was to be put on the next agenda.

Approval of Business Licenses received to date; Mr. Bischoff made a motion to approve the Business Licenses received to date. Mrs. Benson seconded the motion. Mrs. Lawrence spoke about one of the business licenses and wanted to make a conditional approval that the license be contingent on that business receiving their license from the state and bringing it into the city for proof. Mr. Bischoff amended his motion to include Mrs. Lawrence’s conditions. Mr. Orr seconded the motion to amend. Motion with amendment Passed

Approval of Payroll and Claims for September 2011; Mr. Bischoff made a motion to approve payroll and claims for September 2011. Mr. Orr commented that our vendors need better itemization of their bills. The council discussed Mr. Orr’s comment. Mrs. Desch seconded the motion. Motion Passed. Mr. Orr voted against the motion.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES

None

ADJOURNMENT

Meeting was adjourned at 8:27 pm.

______Attest; ______

Mayor Doug Roll City Clerk Glena L. Hook