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THE 1332nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 2, 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. Roy Yoder of the Amish Church offered prayer. Mayor Roll asked for the Approval of the Council
Minutes from the Public Hearing July 19, 2010 and Regular Meeting July 19,
2010. ANNOUNCEMENTS COMMITTEE REPORTS Cemetery/Parks; Mrs. Williams announced there were a
couple of issues with the cemetery, one being the agreement that the
committee would like to put into place with the funeral home concerning
who’s responsibility it is to do what. The other issue is locking and
unlocking the gates at the cemetery. Mrs. Williams talked to Corky Pape
the Parks/Cemetery supervisor. Mr. Pape mentioned putting a walk through
at the gates to let people walk in but preventing driving in. Mrs.
Williams also stated there was talk of putting pads down to prevent
headstones from damage by equipment used to maintain the cemetery. Mrs.
Williams said that Mr. Pape stated that only one or less headstones are
damaged per year and having to put down pads before opening and closing of
graves Fire; None Resolutions/Ordinances; Mrs. Williams stated Heather (City Attorney) had passed her some Ordinances to take to the Ordinance Committee. The easiest one being removal of sections Q & R concerning the cemetery rates and making the rates set per Resolution. The committee recommends going ahead and taking forward for approval. Mrs. Williams stated the next two involved snow removal and the question about that is the ordinance is phrased as downtown streets both as impounding vehicles and not putting the snow burm back out into the street. Mrs. Williams stated that we do impound vehicle from all city streets not just downtown streets so the recommendation is to reword the ordinance to include all city streets. Mrs. Williams stated they could not find an ordinance concerning the snow being pushed back into the street. Mayor Roll stated there was an ordinance under Street obstructions. Mrs. Williams stated the last one was referencing the International Fire Code and International Energy Code and they were going to put that one back in for more information. Mayor Roll stated it did not need to go before the committee it just needed to be rewritten properly into our ordinance. Personnel; None Building; None Water/Sewer; Mrs. Benson stated because of the upcoming project at the Waste Water Plant they will be offering public tours, possibly Tuesdays and Thursdays after school starts, between the hours of 1:00pm and 4:00pm. Possibly an evening tour also. Once the timing has been worked out the City Administrator will be asked to write a newspaper article about the tours, times and upgrades of the Waste Water Plant. Mrs. Benson also stated there was a construction meeting on July 21st pertaining to the Cabinet Heights Project. Ryan Jones will talk about it later in the meeting. Lights/Streets/Sidewalks; Mrs. Desch stated the committee met with Ron Higgins (Building Inspector) last Friday at Libby Floral on Utah and after doing some measurements the committee recommends the variance be granted with the recommendation that Libby Floral put in sidewalks that line up with the other sidewalks. Ryan Jones of Morrison-Maierle spoke to the council about the Cabinet Heights Project and stated Edstrom is working on finishing up the hookups and finishing up work on the lift station. Edstrom will start going door to door tomorrow to each individual homeowner with a form to fill out. Ryan stated it was a way for them to make a punch list and make sure all the homeowners concerns were addressed. Substantial completion is still scheduled for August 4th. Edstrom Construction has filed for substantial completion on August 6th which will put them two days over. The plan of completion date will still be September 3rd. There is a pre-final walk through scheduled for this Friday at 10:00am. The city has the right to assess liquidated damages of $500 a day for each day past the substantial completion date. Ryan recommends the city consider waving the liquidated damage fees for two days with the right to reinstate them should the progress not be made. Start up services will happen this week. Mr. Orr asked about the time the council should consider waving the liquidated damages. Ryan answered that the council has some time to think about it and the next pay application would not be for a couple of weeks. Budget/Finance; None Police: Police Chief Jim Smith reported this last month there were 188 service calls, which was down about 10 from the average. Citations went up to 23. Arrests went up to 19 and are usually around 12. Mayor Roll wanted to congratulate the police department for doing a great job and for the timely arrests made for the two High School break ins. Chief Smith stated that because of the complaints in the Bowen Hill/Cabinet Heights area he has stepped up patrol in the area. Smith stated that this weekend they ran radar up there and everyone was pretty much within the 25mph speed limit. Chief Smith stated that he had talked about having that reduced to 10 or 15mph construction zone. The other concern the police have is concerning the cemetery and locking the gates. Chief Smith stated that if the cemetery gate is locked the police can not give any security, because unless they can drive through it is hard to see what may be going on inside the cemetery. Police Chief Smith stated they have identified the people who stacked the picnic tables down at the River Front Park. Smith stated it was the Class of 1990 reunion. Finance Report; Glena Hook spoke to the council about the yearend closing and budgeting. She will have a preliminary budget ready for the council by the August 16, 2010 meeting. City Administrators Report; City Administrator Jim Hammons reported to the council that at the “Big Dig” down on 6th and Main they will be putting in 355’ of 8” sewer line and have the permission from DEQ to go ahead. Mr. Hammons said from the RFQ that went out we only got back two submittals. Mr. Hammons would like the council to take a good look at them and go through them and he would like to have interviews with the interested parties next week. Two gentlemen from AMTRAK came in to talk to Mayor Roll and Jim Hammons on the 17th of June to discuss the moving of the depot. Jim Hammons stated he would like the Building Committee involved in it. Mrs. Lawrence wanted to know how the Main and 6th Street Project would be paid for. Mayor Roll answered that it would be split up between Streets, Water and Sewer. HEAR THE PUBLIC FOR ITEMS ON THE AGENDA None UNFINISHED BUSINESS Variance, Shannon Edwards-Myslicki,
Libby Floral; Card Clinic-Fire Suppression; Put into water and sewer committee Salary increase for Briggs and
clerks; Fund Raiser Concert; Jim Hammons stated that due to lack of funding the concert was cancelled. NEW BUSINESS Thomas Street Project Budget overage; Mayor Roll stated that the council approved the usage of IP money to support the Grant money for the project last fall. Ryan Jones, Morrison-Maierle reported on
the Waste Water Improvement Project. Ryan stated the plans and specks
have been submitted to DEQ and the last he heard we should be getting a
response within a few weeks. Ryan suggested the council consider
borrowing money from the ED Fund until we get the grant or loan funds. Ryan Jones, Morrison-Maierle talked about the options the city has concerning the Cabinet Heights Project roads. Mr. Jones stated there is still a lot of work to be done on the roads by Edstrom. Mr. Jones stated that there were a lot of complaints about dust and the kind of surface and gave the council an option to put 1” of asphalt over the double shot chip seal. The cost would be $80,000. Ryan spoke to the council about the following proposed costs; 1. Edstrom Construction would provide the aggregate & prep work 2. Lincoln County would do the paving for $10,000 of gravel for the next 4 years from the city 3. The City would pay $40,000 After a lengthy discussion a motion was made and withdrawn. Mrs. Lawrence and Mr. Orr stated they felt pressured and were not ready to make a decision. The subject is to be put on the next agenda to be talked about in two weeks. Mr. Orr made a motion to support waving the
liquidating damages and maintain the right to reinstate them should
progress not be made adequately. Resolution # 1757 budget amendments for
FY-10; COUNCIL ACTION/DISCUSSION Council review Payroll and Claims for
July 2010; Approval of Business Licenses received to date; Edstrom and Morrison-Maierle draw
approval; HEAR THE PUBLIC Phillip Bigelow of 415 E. 10th Street, Libby spoke to the council about changing the noise and parking ordinance. Mr. Bigelow passed out a petition with several signatures complaining about the noise from trucks parking along the streets in front of their houses running their refrigeration units all night. Mr. Bigelow also passed out a petition to change the city’s parking ordinance and add a noise ordinance. Mayor Roll put it in the ordinance committee to be looked into further. Dick Tracey owner of the Rainbow Apts. spoke to the council about the need for a noise ordinance. Karen Lyon resident of the Rainbow Apts. spoke to the council about the noise from the trucks running their refrigeration units all night causing her to lose sleep and causing her headaches. Art Eaton of 803 Main, Libby made a complain to the council about the noise by Copper Creek stating that trucks park along the street and leave their vehicles running. Mike Carter of 667 Cabinet Heights Rd. stated his complaint to the council about the roads in the Cabinet Heights Project. Mr. Carter stated that on his road and down Vista the road is nothing but cut out sections patched together and he would like the roads put back the way they were. Mr. Carter also complained about people speeding in the area. Mike Klaesson of Cabinet Heights Road, Libby spoke to the council about speeding in the Cabinet Heights area and would like to see speed bumps and construction signs put up. Allen Olsen of Antler Tree Nursery asked the council how long before the dead trees were going to be removed from Fireman’s Park and the Middle School. Mrs. Lawrence stated that the dead trees could not be removed before the DNRC inspected them. ADJOURNMENT Meeting was adjourned at 8:50 pm. _________________________ Mayor Doug Roll Attest; _____________________________ City Clerk-Treasurer, Glena L. Hook SPECIAL COUNCIL MEETING AUGUST 9, 2020 6:00PM IN THE PONDEROSA ROOM
Mayor Roll called the Special Meeting regarding the Cabinet Heights Road Improvement Project to order at 6:00 p.m. Mayor Roll and Council Members Peggy Williams, Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present. City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke were also present. Mayor Roll led the Pledge of Allegiance. Mayor Roll opened the meeting by addressing the fact
that the residents of the Cabinet Heights area have had to put up with a
lot over the past year. He stated that he was going to address the
problems in a letter that Judy Mattot handed him before the meeting.
Watering was a big issue-there was either too much or not enough water on
the road. Because there was too much water put on the road next came the
problem of potholes. Last week Jim Hammons, City Administrator, Ryan
Jones with Morrison Maierle, Corky Pape, City Street Supervisor, and Mark
McCully, County Road Foreman got together to make a plan to get the road
to an acceptable standard. They came up with using a 1” asphalt overlay
which will be laid after the road is leveled. The County has offered to
lay 1” overlay at no cost to the City. Issues have come up about the City
crews doing the work. After discussing this matter with Corky Pape, Street
Supervisor, it was stated that the City doesn’t have enough equipment or
manpower. Mark McCully, County Road Foreman stated it would take 7 dump
trucks and 7 operators to keep up with the asphalt paving machine. Also
it needs to be taken into consideration the other projects that the City
crews are working on at this time, one of which is the major dig on Main
and 6th street. Work on hauling gravel to the site needs to
start soon as work will begin the week of August 23, 2010. Mayor Roll
met with George Neimi of Kootenai Paving last week. Because Kootenai
Paving is behind on their Economic Development Grant payment Mr. Neimi has
offered to reduce his bill by 33% which would amount to $25,000.00 to
$30,000.00. Mr. Neimi came in last week and paid $4,800.00 for Kootenai
Paving rent so at this time they are paid current. Also the question of
why the big hurry has came up. Mayor Roll stated that the residents up on
the hill could tell us what the big hurry is! Another issue is the
manhole problem. Some are too high, some are too low but most of them
need to be adjusted in some way. It was stated that the $55,000.00 payment
could come from Economic Development money or International Paper money.
The Council will decide where the funds will be paid out of. On a personal note Mayor Roll stated that we need to do what is right for the citizens on the hill. At this time Mayor Roll asked the council if they had any questions? Mrs. Williams: Was confused with Edstrom’s crush and how it fit in to the overall cost or not of the project. She also questioned how much was not done prior to the double shot chip sealing on the road which lead to problems associated with the construction of the road?Mrs. Lawrence: She stated that she has been up checking out the roads and Scenery Loop seems to be much better that the other roads. It was smooth and looked solid and she wondered why it was in such good condition compared to the others which are all uneven. Brian Edstrom explained that traffic and water both depreciate the road surface and that his subcontractor may have done a better job on Scenery Loop. Mrs. Lawrence then asked Ryan Jones of Morrison Maierle if he agreed with Brian Edstrom’s assessment of the road and that water was the cause of the inadequate road? Ryan felt that water wasn’t good for the road and that it didn’t have adequate drainage during construction. Mr.Orr: He wanted to clarify a few things. Overlay is separate from the contract and that the contractor has no obligation in the overlay and ultimately will fulfill the terms of his contract. Also that the City has already agreed to a $100,000.00 upgrade to the road. The road has a 6” base, filter fabric or stabilization fabric under it and chip seal over the top of it. This road is now specified better than 95% of the County roads. Mr. Orr questioned as to why a County road representative wasn’t present for this discussion and Mayor Roll stated that Mark McCully is on vacation and the next in line wasn’t comfortable coming to the meeting. Mayor Roll again stated the cost of $80,000.00 was verified by the County. Next year the road will require a wear surface and Mr. Orr was wondering if this had been discussed? Mr. Orr asked if Mark McCully was the person that brought this original proposal to the City? Who at the county specifically speculated the $80,000.00 cost? Ryan Jones stated that Tony Berget did. Mr. Orr asked if there was an estimate of the cost to bring the road up to spec’s? Mr. Orr asked Mr. Neimi if a 1” overlay would correct a 2% crown? George explained that over the course of the next 20 to 30 years he feels it will be necessary for this road to be chip sealed 2 times. It is all about the adequacy of the road surface as far as how the road holds up. Mr. Orr questioned who will pay for the chip sealing? George Neimi explained that he couldn’t speak for the contractor and that this is called a change in the character of the work. He also stated that Kootenai Paving offers savings to the County and other government agencies. Mr. Orr questioned why the City isn’t using their equipment and crews? He stated that there are trucks all over town and we could hire some local contractors to do the work. Mayor Roll explained that this would add to the cost of the contract. Mr. Orr then asked if the County is doing this work for free at no other cost other than the $55,000.00? Mayor Roll said that he had spoken to Mark McCully with the County and there are no additional costs-only the cost of the materials. The City crews don’t have enough equipment or manpower and the County is willing to work with us on this project. Mr. Orr then questioned if the County is our contractor will the road meet spec’s at 2%? Brian Edstrom explained that after going through the project with Mark McCully there are some transition areas that need work and that he is responsible for the 2% crown. Another question was isthe City pushing ahead before the double shot is cured? George Neimi stated the harder the base the better the overlay will be. Mrs. Benson: We are hearing a verbal agreement between Edstrom Construction, the County, the City and Kootenai Paving. Is there going to be a formal agreement written up? She stated that construction is not her expertise but she is very happy to see the cooperation among all who are working for what is best for the people up on the hill. Mrs. Desch: No questions. Mr. Bischoff: He feels we need to move forward as the residents up on the hill have had enough to deal with. He agrees with Mrs. Benson as far as the cooperation and it is saving taxpayer money. He will later amend his motion as far as Edstrom’s costs. Mayor Roll then opened the meeting for residents to voice their questions and concerns. Those who voiced concerns were: Neil Textor of 272 Cabinet View Country Club Road Wendy Berry 150 Scenery Road K. C. Hoyer 168 Cabinet View Country Club Road Karee Sweedman 25 Highwood Drive Vicky Randall 254 Cabinet View Country Club Road Bob & Kathy Jenkins 118 Scenery Road Tina Green 58 Highwood Drive Kevin & Mary Miller 114 Highwood Drive Hubert Wart 176 Highwood Drive Terry Kelly 163 Highwood Drive All voiced concerns and the general consensus is that they all want the road paved. Other issues that were brought up were how the road will hold up, workers lack of communication with residents, they were told they would have sidewalks and street lights, transition areas such as manholes and driveways not being finished, where is the additional money from their tax increases going, and whether there are any other City roads not paved only chip sealed? It was stressed by the residents that they hope that the City and the Cabinet Heights residents are working together for what is best for them. Non residents that voiced concerns were Dan Rohrer of 123 Swede Gulch Drive, Judy Matott 190 Parmenter Avenue and Alan Kahnt of 216 W. 9th Street. Mayor Roll asked once again for discussion with the council. Mrs. Williams: None. Mrs. Lawrence: None. Mr. Orr: Always! Residents were promised a “pig in a poke” and he apologized and said this Council is doing everything that they can to rectify the problems. The lesson here is to get everything in writing. What is the source of the funds to be used for this project? Mayor Roll stated that they could come from Economic Development funds or International Paper funds. Mr. Orr would like a Letter of Memorandum so the costs can be nailed down. One thing that was brought up was that the City is cash strapped and the City is not cash strapped. The City may not know how much money is in those funds but the city isn’t cash strapped. Mayor Roll stated that the City knows exactly how much money is in those funds and Mr. Orr stated that he has asked for details on budget reports and he never gets them. Mr. Orr then again stated that he would like a Letter of Memorandum from the County because they were not represented tonight and that he is ready for a vote tonight on this issue. He asked that the original motion be read back as it is now being amended. Mr. Bischoff will have to make the amendment as he made the original motion. One final comment is that if the County is doing the work at no cost why go through the County at all, why not deal directly with Mr. Neimi of Kootenai Paving? Why pay a middleman? Mayor Roll said we can pay Mr. Neimi directly, it is not a problem. If Mr Bischoff is amendable to amending his motion and the City is not cash strapped as the International Paper money was about $1.3 million Mr. Orr feels that it sort of muddies the waters with trading and he would prefer to see it clean. Mayor Roll stated that it is up to Council and if they so choose, it will be voted on by them. Mrs. Lawrence asked if the Council would make a decision tonight on where the money would come from if they decide to do the paving job? Mayor Roll stated that it would be placed on Monday nights agenda but a Letter of Agreement will be done by tomorrow so each council person will be able to look at it and make sure everything on it is OK so it can be presented at Monday nights meeting. Mayor Roll said the funds do not have to come from the County that they can be taken out of Economic Development funds, International Paper funds or the General fund. He recommends that we wait until City Clerk/Treasurer Glena Hook gets back from vacation so we can see where things stand as far as money goes at this time. Mr. Orr stated he had no further questions. Mrs. Benson: Was hoping to reiterate the agreement and effort between everyone and is hoping that this is just an example of many times in the future where groups can come together to fix a problem. She thinks that this is a great thing! Mrs. Desch: She totally agrees with Mrs. Benson. We all should work together and we are all now a part of the City and we need to have the best possible roads for you. Mrs. Benson then stated that she thinks of City residents as County residents as well and that we do need to work together. Mr. Bischoff stated that he will amend his motion and
Mayor Roll stated that we need to make sure that it is right. Mr.
Bischoff stated hopefully to satisfy some of Councilmen Orr’s concerns so
he’ll support the project so we can move forward and help these people I
will amend the motion that the City pays directly to the asphalt company,
Mr. Neimi, after we negotiate what he is going to take off his loan and
also at the completion of the project that our Engineer calculate the
savings to the contractor and that be deducted from his final statement
and with the offset of the gravel. Also the written proposal will be
presented Monday. Mayor Roll said that Monday’s discussion will be about
the financing. The meeting ended at 7:43pm. ___________________________ Mayor Doug Roll Attest: _____________________________ Deputy City Clerk, Tanya R. Gehrke |
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