APPROVED

THE 1376th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 2, 2012 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:06pm by Mayor Roll who led the Pledge of Allegiance and welcomed the public.

Mrs. Williams, Mr. Olsen, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Jim Reintsma, City Administrator Jim Hammons and City Clerk Treasurer Glena L. Hook were also present.

Prayer was offered by Tony Shaw of the Baptist Church.

Bill Bischoff made a motion to approve the minutes from the Regular Meeting June 18, 2012 and resend the Special Meeting minutes on June 12, 2012 back to the Clerk to be put in summary form. Mrs. Lawrence seconded the motion. Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that the Council Breakfast Meetings will change to the Venture Inn starting Wednesday, July 11, 2012.

Mayor Roll also stated that Big sky Lumber donated a doorknob for the restrooms at Fireman’s Park campground.

BNSF gave a donation of $20,000 toward the restrooms at River Front Park.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams handed out a report on the cemetery-parks which included the following. Cemetery-Parks committee met on June 19th and June 29th to discuss the sprinkler system in Riverfront Park. Ron Miller from Strom electric discussed his proposal for reconnecting the power at Riverfront Park. Jim Hammons is working with Ron on the best way to get this done in a timely manner. Corky Pape Street-Parks-Water Supervisor discussed with the committee the need for a new lawn mower dedicated to be used in the cemetery and parks. The cost will run appr. $20,000 and the request will be passed to the Finance Committee. The restrooms at River Front Park will be relocated to the parking area away from the pavilion. Jim is putting together a list of work that needs to be done on the wooden playground structure in Fireman’s Park. EPA returned the main Riverfront Park area to the city on Friday. The old boat ramp area is still under EPA cleanup. Kristin Smith is working on updating our Tourism Infrastructure Investment Program TIIP grant request for resubmitting. The committee will met with Kristin on July 10th, 2012 at Fireman’s Park at 10am to review the grant request etc.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated there was a committee meeting on June 28th to discuss the property located at 176 Highwood drive, owned by Hubert Ward and included the following; Regarding the clean out lids: The lids are loose and do not stay in place. Corky Pape and Jim Hammons will look into this and repairs will be documented and filed at the city. Regarding the sewer service line: Mr. Ward’s sewer service line was installed in accordance with industry standard and contract documents. The onsite geotechnical engineer’s report does not indicate that asphalt was used as backfill at anytime during the project. The city hauled a load of dirt to Mr. Ward and he chose to place it himself. Repairs were made on June 9th, 2010 and on site density testing was conducted with passing results. The committee recommends that the sewer clean out be adjusted by the city to bring it up to ground level and the city offer more dirt to level out the sewer trench if Mr. Ward requests it. These were the only items the committee feels are justified to repair.

Budget/Finance; Mr. Bischoff stated the committee met with the City Clerk last week to get some pertinent information on next years’ budgets. Mr. Bischoff stated they will meet again towards the end of July when more information is available.

Police; Chief Smith stated there were 309 cases, 36 citations and15 arrests for the month of June 2012. Chief Smith mentioned there should be signs posted at River Front Park stating that all dogs must be on a leash as he witnessed a dog fight down there already.

Lights/Streets/Sidewalks; Mayor Roll stated he would like to put the issue of a deposit on opening and closing of streets into the lights, streets and sidewalks committee.

City Administrator; Mrs. Lawrence stated it was an appropriate time to comment that she was a little uncomfortable to do the rock for the berm at River Front Park without input from an engineer.

Finance; City Clerk Glena Hook stated that the audit is finished and hard copies will be sent out by the auditor this week. The Auditor will also set a date for the audit exit and Mrs. Hook will let the council and mayor know when the date is set. Mrs. Hook also reported on the following; During the special meeting on June 12, 2012 Mrs. Hook was asked to look into a check issued to Antler Tree Nursery the findings are as follows; A check numbered 24612 in the amount of $1,465.00 was issued to Antler Tree Nursery in April of 2009 for 13 trees. The check was cashed in May of 2009. During the June 12, 2012 meeting council person Robin Benson stated that Mr. Olsen had filled out a new voter registration card in June of 2012. Mrs. Benson contacted the city clerk and corrected the time the voter registration card was filled out to June of 2011. During the June 12, 2012 meeting Mr. Olsen stated that he was told by Alpha Computer that the emails he was receiving from the city were corrupt. City Clerk Glena Hook called Alpha Computers and talked to Donna who told Mrs. Hook that they had told Mr. Olsen that the emails were either corrupt or the city was using a newer version of word and that was why he couldn’t open them. It has been established that Mr. Olsen is using an older version of word and that is why he could not open his emails from the city.

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

NEW BUSINESS

Adoption of Investment Policy for the City of Libby; Mrs. Williams made a motion to adopt the Investment Policy for the City of Libby. Mr. Bischoff seconded the motion. Motion Passed. Mrs. Lawrence voted against the adoption of the Investment Policy.

Resolution # 1813 intention to accept a detailed environmental report; Mr. Bischoff made a motion to adopt Resolution # 1813. Mrs. Desch seconded the motion. Motion Passed

UNFINISHED BUSINESS

None

COUNCIL ACTION/DISCUSSION

Discussion of Noise Ordinance; Mrs. Lawrence asked for more information on where the verbiage of the noise ordinance has come from. Mrs. Williams explained why the noise ordinance has come up and stated previous concerns that had come up. Mrs. Williams stated they looked into what a lot of other cities had for a noise ordinance and looked for successful ordinances that were defensible. Mr. Reintsma stated he had worked on the noise ordinance and has examined noise ordinances from large and small cities and stated he liked the one from Billings. The council discussed the noise ordinance. Chief Smith talked to the council and stated the city needed a noise ordinance for him to be able to enforce complaints from the public. Mrs. Lawrence asked questions of Chief Smith and City Attorney Jim Reintsma. Mr. Bischoff stated there were instances where you needed a noise ordinance even during the day. Mayor Roll asked the council to put in writing what they would like to see in the noise ordinance and put it back into committee.

Approval of payroll and claims for June 2012; Mr. Bischoff made a motion to approve payroll and claims for June 2012. Mrs. Benson. Mr. Olsen had a question on the Jack’s Water Works bill in the claims. Jack from Jack’s Water Works explained what the bill was for. Mrs. Lawrence asked about the bill from WGM engineering. Mr. Hammons explained what the bill was for. Motion Passed.

Approval of Business Licenses received to date; Mrs. Lawrence made a motion to approve the Business Licenses received to date. Mr. Olsen seconded the motion. Motion Passed

Approval of DNRC draw request, interim financing; Mrs. Benson made a motion to approve the draw request. Mr. Bischoff seconded the motion. Motion Passed.

Irrigation System at River Front Park; Mrs. Williams stated the committee was recommending Jacks Water Works for the irrigation system at River Front Park based on experience on large projects and recommendations from his work on the large projects etc. Mrs. Benson made a motion to accept the recommendation of using Jacks Water Works for the irrigation system at River Front Park. Mrs. Lawrence seconded the motion. Mr. Olsen voiced some concerns with the motion. Motion Passed. Mr. Olsen voted against the motion.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES

Mr. DC Orr residing at 1117 Nevada Avenue, Libby voiced his concerns about council member Olsen, policy and procedure and the sprinkler system proposals for River Front Park. Mr. Orr also had some concerns about the appointment of committees.

Mrs. Benson stated that she felt comfortable that she made the proper decision on awarding the sprinkler proposal.

Dr. Laura Tindall residing at 703 Louisiana Avenue, Libby had some concerns about ethics and stated she wrote a book on it. Ms. Tindall also had some concerns about interrupting the public during the time they have to speak.

Jack of Jack’s Water Works offered to bring proof that he did the sprinkler system at the armory.

Mrs. Lawrence stated she was very proud of the council.

ADJOURNMENT

Meeting was adjourned at 8:03pm.

______Attest; ______

Mayor Doug Roll City Clerk Glena L. Hook