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2005 Minutes

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January 3, 2005 | Regular Meeting

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THE 1239th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JANUARY 3, 2005 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Mayor Berget called the regular meeting to order at 7:02 p.m. and led the Pledge of Allegiance. Roll was called. Council members Crismore, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present. Council member Bothman and City Attorney Scott Spencer were absent. Mr. Roll moved to accept the minutes as presented from the December 6, 2004 regular meeting.
Ms. Leckrone seconded.
Motion carried unanimously.
Mr. Crismore moved to accept the minutes as presented from the December 13, 2004 special meeting.
Mr. Roll seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Crismore was still unable to make contact with MontanaSkyNet regarding the WebCam. He assured the Council that if he cannot contact MontanaSkyNet, he would seek other resources.

NEW BUSINESS

Robin Swimley gave a brief presentation on the proposed flex plan for the employees of the City of Libby. As in the past, Mayor Berget and the Council stated that if it is beneficial to the employees and they are in favor of such a plan, then the proposal should move forward. The only expense to the City of Libby will be to administer the plan, as the enrollment cost will be waived.

The cleaning and maintenance contracts were opened for bid by the City of Libby. Five closed bids were received. Mayor Berget opened the bids and awarded the maintenance contract to the low bidder Gene Wise. The low bid on the cleaning contract was awarded to Mary Wise and Patty Thompson.

Welch Comer & Associates, Inc., engineers for the Libby Downtown Revitalization Strategic Plan submitted a request to obtain digital copies of a copyrighted downtown map of the City of Libby. In the past, it has been the decision of the Council not to allow copies of the map as it is copyrighted. Betty Jo Wood, representative from the Libby Revitalization Committee, explained the engineering firm had been contracted by the city to perform city business only, the map cannot be scanned for their use and they have assured the City that the digital reproductions will not be used for any business other than for the City of Libby.
Mr. Huntsberger moved to allow Welch Comer and Associates to use the diskettes for the copyrighted map strictly for the downtown strategic plan for the City of Libby.
Mr. Roll seconded the motion.
Motion passed.
Safe and Drug Free Schools and Communities Act Grant was forwarded to the Police Committee.

Mayor Berget read the VFW grant proposal. Mr. Huntsberger submitted a suggestion to the Council that involved a lease option verses the loan proposal. As the Council agreed, at the end of the 6.5 year loan term, other proposals could be considered for the long term.
Mr. Roll moved to accept the VFW loan request as outlined by City Attorney Scott Spencer.
Mr. McElmurry seconded the motion.
Motion passed.

John Massey from Logger Days Committee came before the Council to request grant funding. The group would like to purchase additional equipment for the logger competition in hopes to become part of the national circuit. They currently have $3400 in their fund and if they can raise $6600 more, a grant for which they have applied will match 3-1 by adding an additional $30,000 for improvements. Mayor Berget stated there was no funding available from the original $8 million fund and the City has no allocation set aside for donations. Mayor Berget asked Mr. Massey to submit a formal proposal to be reviewed. He suggested they contact the County as they usually have funds set aside for parks and recreation. Mayor Berget also suggested they attend the Libby Parks District monthly meeting and request a grant.

COMMITTEE REPORTS

Mayor Berget announced that the Local Government Committee required an appointed representative from the City Council. Mr. Roll accepted the 2-year position.

Three liquor license transfers of ownership were reviewed.
Mr. Huntsberger moved to accept the transfers as presented.
Mr. Roll seconded the motion.
Motion passed.

The annual City Council Retreat was scheduled for Saturday, January 22, 2005 from 9 a.m. until 3 p.m. at the Venture Inn.

PARKS  – Mr. Huntsberger said Riverfront Park was waiting for the clearance from the EPA. Fireman’s Park has been put on hold until springtime.

CITY COUNCIL LIAISON  – Rita Windom, Lincoln County representative, reported that J. Neils Park was being logged. The idea is to open it up for viewing from the highway to draw more participation from drive-bys on Highway 37. The excess lumber is being cut and split by the youth court participants and is being offered to seniors and handicaps free of charge for personal use.

FIRE  – Mr. Wood reported that December was an unusually quiet month with one call. He stated this is proof that fire prevention education is working.

BUILDING/INDUSTRIAL PARK  – Ms. Leckrone reported that bids were opened for the cleaning and maintenance contracts.

INSURANCE  – Robin Swimley presented the flex program at this meeting.

PERSONNEL  – None.

POLICE  – Chief Coker gave his report. The snow removal to this point was light and going smoothly. They will start enforcing the parking ordinance during snow removal.

RESOLUTION/ORDINANCE  – Mr. Crismore stated ordinance enforcement will be discussed during the retreat.

WATER  – None.

SEWER/LIGHTS  – Gary Huntsberger reminded the Council and public to report any street light malfunction problems to Clay Coker.

STREETS/ALLEYS  – Mr. Roll reported the budgeted monies were good.

SIDEWALKS/CURBS  – Mayor Berget reported that Achievements had presented a proposal for sidewalk handicap access around their facility.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mr. Roll moved to approve payment of the claims as per the claims approval list.

Mr. McElmurry seconded the motion.

Motion passed.

HEAR THE PUBLIC

Mr. Rossiter reported that the scoreboard at the middle school was not working properly.

Mr. Rossiter questioned the area involved in the downtown strategic plan.

Mr. Rossiter questioned what constituted the right of a person being able or not able to walk down the middle of the street.

Mr. Rossiter reported a depression in the middle of 4th and Main Streets.

Mr. Orr stated that he had contacted OSHA regarding the violation issued to Mayor Berget. He wanted to assure the Mayor that it was not he that reported the issue.

Mr. Nielson representative from the VFW thanked the Mayor and City Council for the actions at this meeting approving the loan to the VFW.

The meeting was adjourned at 8:28 pm.

Mayor, Anthony J. Berget

City Clerk, Chris A. Erickson

February 7, 2005 | Regular Meeting

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THE 1240th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 7, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:06 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry, Roll, City Services Supervisor Dan Thede, City Attorney Scott Spencer and City Clerk Chris Erickson were present.

Ms. Leckrone moved to accept the minutes as presented from the January 3, 2005 regular meeting.
Mr. McElmurry seconded.
Motion carried unanimously.

Mr. Crismore moved to accept the minutes as presented from the January 22, 2005 City Council Retreat meeting.
Mr. Roll seconded.
Motion carried unanimously.

Mr. Crismore moved to accept Resolution No. 1631 supporting Mines Management, Inc. operating the Montanore Project.
Mr. Roll seconded.
Motion carried unanimously.

Mayor Berget announced that a bus to Helena to meet with Governor Swietzer to discuss the Montanore Project would be departing from City Hall on Tuesday, February 15, 2005 at 5:30 a.m. He asked for community involvement to join the trip.

Mr. Bothman moved to accept Resolution No. 1632 adoption of City of Libby Utility Rule regarding annexation.
Mr. Roll seconded.
Motion carried unanimously.

Mr. Crismore moved to accept Resolution No. 1633 adoption of Lincoln County Pre-Disaster Mitigation Plan.
Mr. McElmurry seconded.
Motion carried unanimously.

Mr. Roll moved to accept Resolution No. 1634 adoption of Bill LC 1724 to support bid process for engineering, architectural and surveyor firms.
Ms. Leckrone seconded.
Motion carried unanimously.

The Mayor read Ordinance No. 1635 Plant Investment Fees for the first time. The second reading will be on March 7, 2005.

UNFINISHED BUSINESS

Mr. Crismore obtained a cost for the WebCamera from MontanaSkyNet of $2,534.68 to purchase outright with a $400.00 installation fee or a monthly lease amount of $100.00. The proposal was given to the Police Committee for a decision.

NEW BUSINESS

The Igniters Car Club requested closure of Mineral Avenue during Hot August Nights festival August 19 and 20, 2005. The Council asked that they try to control the burnouts and reckless activity. They expect an even larger participation than in previous years.

Mr. Roll moved to close Mineral Avenue August 19-20, 2005 for the Igniters Car Club.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

Larry Sverdrup came before the Council requesting a 40-foot right-of-way easement. He is an attorney representing buyers for the Thornton (Remp) family property that lies behind the City shop. The only current access to the property is the existing road through City property. The concerns voiced were increased traffic to and from the subdivision, safety issues of heavy equipment due to the close proximity to the City shop, and increased usage and maintenance of the single-lane City-owned bridge to the property. The Council requested additional time to inspect the area and converse with the City Attorney regarding several issues. The decision was tabled for a special meeting scheduled for Monday, February 14, 2005 at 6:00 p.m. in the Council Chambers.

The Flex Insurance Plan contribution proposal from City of Libby employees was tabled until February 14, 2005 special meeting.

The donation request from Libby Logger Days to purchase equipment for annual logging events was tabled until the March 7, 2005 regular meeting.

The Women’s Helpline House proposal was tabled until the March 7, 2005 regular meeting.

The City of Libby water service deposit proposal was tabled until the March 7, 2005 regular meeting.

Debi Davidson presented a slide show detailing the plan for a newly formed legal entity to promote tourism in Lincoln County. She asked the Council to sign a MOA agreeing to become members in the Lincoln County Tourism Coalition. The Council instead presented a verbal show of support for involvement in the venture. The MOA was tabled until the March 7, 2005 regular meeting.

Mr. Huntsberger moved to verbally give the City Council’s support and follow-up with a letter of support to the Lincoln County Tourism Coalition.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Scott Beagle of Kootenai Valley Insurance requested permission to become the insurance representative for the City of Libby through MMIA. An insurance representative of the City’s choice is paid a monthly amount by MMIA, at no cost to the City, to be a liaison to present insurance questions and issues to MMIA that the City of Libby employees may encounter. This issue was tabled until the March 7, 2005 regular meeting at which time two other insurance representatives will be invited to participate in the request.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported that the Port Authority and Libby Parks District are organizing local walking trails.

CITY COUNCIL LIAISON  – Stu Crismore repaired the water leak at the Animal Control facility.

FIRE  – Mr. Wood reported that in January the department had twelve calls.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – Scott Beagle gave a presentation.

PERSONNEL  – Due to the passing of John Norberg, the City of Libby will be considering a replacement for the building inspector position.

POLICE  – Police Officer Brandon Littrell gave the monthly police report.

RESOLUTION/ORDINANCE  – Dan Thede will sign and distribute a letter to City residents regarding enforcement of the ordinance to require City service hookup where the service is available.

WATER  – Lee Bothman discussed the charge to businesses regarding sprinkler systems.

SEWER/LIGHTS  – Gary Huntsberger reminded the Council again to report any street light problems to the police department.

STREETS/ALLEYS  – None.

SIDEWALKS/CURBS  – Lee Bothman wanted to thank the community for keeping the sidewalks so clean.

BUDGET/FINANCE  – None.

JUDICIAL  – Judge Briggs will be on vacation for two weeks. Gary Hicks will substitute in her absence.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – Mayor Berget reminded the Council that it is necessary to develop a legitimate plan for adding or moving stop signs within the City limits.

Mr. Roll moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded the motion.
Motion passed.

HEAR THE PUBLIC

Mr. Rossiter offered comment regarding subdivisions approval.

The meeting was adjourned at 10:07 p.m.

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

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A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD FEBRUARY 14, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Council President Charlene Leckrone called the meeting to order at 6:06 p.m. and led the pledge of allegiance. Council members Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer and City Clerk Chris Erickson were present.  Mayor Tony Berget and City Services Supervisor Dan Thede were absent.

Kootenai Surveyors submitted a proposed subdivision plat for consideration. Todd Berget, co-owner of the property, described the property, which is located at the old Stimson mill site.  The property was annexed into the City after the sale and is designed for an industrial park. Sewer and water services are being engineered and will be supplied by the City of Libby to the property. The City is not required to approve the actual subdivision, but does have accountability in decisions regarding street and road construction, storm drains, sidewalk, curb and gutters, street lighting, etc. The Council scheduled a committee meeting on Monday, February 28, 2005 at 6:00 p.m. with Ken Peterson, Lincoln County Director of Planning, to discuss the proposal.

Public comment from Doc Sergeant was taken.

Larry Sverdrup, legal representative for Robert Thornton, returned with a request for a 40-foot wide easement through City property. Mr. Sverdrup assured the Council the property would be divided into no more than six parcels, which would limit traffic through the easement. Questions from the Council directed at City Attorney Scott Spencer included clarification regarding legalities of easements, responsibility of road and bridge maintenance, future land development on the proposed subdivision, traffic control, safety issues, etc.

Mr. Bothman moved to grant the 40-foot easement with any existing encroachments and limit the subdividing of the land to a maximum of six single-family residences.
Public comment from Mr. Remp was taken.
Mr. Roll seconded the motion.
Motion passed unanimously. Mr. McElmurry opposed.

Council member McElmurry excused himself from the following discussion due to conflict of interest.

The Flex Insurance Plan contribution proposal from the City of Libby employees was denied by the City Council. City Attorney Scott Spencer advised against reallocating funds within the budget. He stated the main reason to deny the request would be a legality issue for the City by providing different benefits to different employees based on outside factors. He suggested having this dealt with during budget time and collective bargaining in the next fiscal year.

Stu Crismore had the remaining equipment at Libby Woodworks appraised by Gardner Auction in Kalispell, Montana.

Meeting was adjourned at 7:05 p.m.

Charlene Leckrone, Council President

Chris Erickson, City Clerk

March 7, 2005 | Regular Meeting

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THE 1241st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 7, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:07 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry, Roll, City Services Supervisor Dan Thede, City Attorney Scott Spencer and City Clerk Chris Erickson were present.

Council member Leckrone was absent.

Mr. Crismore moved to accept the minutes as presented from the February 7, 2005 regular meeting and the February 14, 2005 special meeting.
Mr. Roll seconded.
Motion carried unanimously.

Ordinance No. 1631 Plant Investment Fees was read for the second time.

Mr. Roll moved to accept Ordinance No. 1631 Plant Investment Fees.
Mr. Crismore seconded.
Motion carried unanimously.

Mr. Bothman moved to accept Resolution No. 1636 Amending Resolution No. 1343 Providing for the Adoption of Rules and Regulations of the City of Libby Water Utility Deposit.
Mr. McElmurry seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Crismore is still trying to obtain other price quotes for the WebCamera. He was directed by Mayor Berget to arrive at a conclusion.

NEW BUSINESS

Libby Logger Days has requested a $1,000 matching donation for purchase of equipment to be used at Libby Logger Days events. There is no line item within the current budget for such donations. The Council would need to make a budget amendment. This would require a public hearing. The Budget Committee will do some research as to the feasibility of an amendment and report back at the special meeting scheduled for March 21, 2005.

The Lincoln County Helpline has ceased to do business. According to the initial agreement with the City of Libby, since donations were used for partial purchase of the property, they are entitled to the equity of the property should they cease to do business. They have requested half of the approximate $16,000 equity to be applied to their remaining debt. They want the balance of the equity (about $8,000) to be donated to the Violence Free Crisis Line in Kalispell, which is currently maintaining shelter for the Libby area. The City of Libby does not own the house outright. The existing loan is approximately $62,000. A newly formed crisis help group has applied for a government grant to continue the crisis center in Libby. The grant, which is very promising, will not be presented until the new fiscal year. They have asked the City not to sell the property, as they would like to utilize it in the near future for the new facility. Instead of selling the property, the City could refinance with additional money to satisfy the equity debt. However, the decision is not solely made by the City of Libby. The Lincoln County Helpline group must grant the City permission to retain the balance of $8,000 for the newly formed group and not require that it be donated to the Kalispell center. The Council will meet with Barbara Benson Newmann, director of the non-operational crisis center, for direction on this issue and report the findings at the March 21, 2005 special meeting. A decision will be made at that time as to the future of the existing property.

The Lincoln County Tourism Coalition has requested that the City of Libby become actively involved in their endeavors by signing the Memorandum of Agreement and appointing a representative from the City Council.

Mr. Crismore moved to join the Lincoln County Tourism Coalition and to choose a City Council representative.
Mr. Huntsberger seconded the motion.
Motion passed unanimously.

Betty Jo Wood, Director of Libby Revitalization, presented a resolution for the Council’s review in support of a Main Street Program for the City of Libby.

Mr. Roll moved to support the Main Street Program for the City of Libby.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

Rick Weinhart, President of the Ministerial Association, came before the Council to request prayer before each City Council meeting. He stated the prayer would be led each week by a different pastor representing any and all faiths.

Mr. McElmurry moved to allow the Ministerial Association to conduct prayer prior to every City Council meeting.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Mr. Bothman requested the issue of Libby Woodworks be tabled until the March 21, 2005 special meeting for resolution as a special Budget and Finance Committee meeting was scheduled for March 8, 2005 to discuss the issue.

A memo from Chris Erickson, City Clerk was included in the packet that provided clarification of the role of independent insurance representative requirements for the Montana Municipal Insurance Authority. The subject was assigned to the Insurance Committee and tabled until the March 21, 2005 special meeting for direction.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported park group representatives had met regarding the local walking trails and how the trails will be connected throughout Libby. Rita Windom asked permission from the City of Libby to allow the condition of the mill bridge to be assessed. Lincoln County will pursue a Historical Preservation Grant for the bridge on behalf of the City of Libby. A motion for grant approval will be discussed at the March 21, 2005 special meeting. Mr. Huntsberger also reported that the skateboard park is still being discussed. He suggested selling the parcel of property and donating the proceeds to the development of the new park which will be on City property. Mr. Huntsberger stated EPA meets March 9th. He plans to receive clarification as to why the City river property has not received clearance.

CITY COUNCIL LIAISON  – None.

FIRE  – Tom Wood reported minimal activity during the month of February. Bill Watt presented an overview of what the State of Montana requires for sprinkling system water mains within specific buildings and what determines those requirements. As he stated, the City of Libby must adhere to the strict guidelines set forth and has no decision  – making in those guidelines.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – The decision of appointing an insurance representative was tabled until March 21, 2005.

PERSONNEL  – The Building Inspector position needs to be filled. Ron Higgins is temporarily assisting the City of Libby with inspections. Building Inspection Certification instruction and testing is held every Saturday in Missoula for anyone who is interested.

POLICE  – Police Chief Clay Coker reported that the month of February was very quiet.

RESOLUTION/ORDINANCE  – Resolution No. 1636 and Ordinance No. 1631 were passed at this meeting.

WATER  – Lee Bothman stated the City was trying to bring water service to several parcels in a particular area of Libby.

SEWER/LIGHTS   – The sewer issue at the Port Authority was discussed. Mr. Berget will speak with Dan Larson to request a proposal be brought to the City Council for review.

STREETS/ALLEYS  – No winter plowing to speak of occurred this year. Mr. Roll stated he would like a professional hot mix job completed at the Johnston Acres project.

SIDEWALKS/CURBS  – Lee Bothman once again mentioned matching funds for sidewalk repair.

BUDGET/FINANCE  – A special committee meeting is scheduled for March 8, 2005 at noon.

JUDICIAL  – None.

UNION NEGOTIATIONS  – There is a new union representative this year. All issues are negotiable.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mr. McElmurry moved to approve payment of the claims as per the claims approval list.
Mr. Roll seconded the motion.
Motion passed unanimously.

HEAR THE PUBLIC

Mr. McQuill asked if there was a noise ordinance within the City of Libby as his neighborhood has had a lot of commotion lately.

Mayor Berget excused himself from the following discussion due to conflict of interest. In the absence of Mayor Berget and Council President Leckrone, Mr. Roll directed the remainder of the meeting.

Millwood Subdivision Approval  – Lincoln County approved the proposed Millwood Subdivision. As is the norm, the City of Libby was allowed the right to impose specific requirements for city services within the subdivision. There are no zoning regulations in place within the city limits. Therefore, zoning requirements were not placed on the subdivision. Mr. McElmurry voiced concern of insuring that the sewer lines would be in place to the furthest boundary on the property. Mr. Crismore had concerns regarding making sure street widths were sixty feet and paved, designating streets within the subdivision and making sure all improvements were in place prior to the sale of the property. Mr. Roll stated it was not necessary to develop streets when there was currently no planned development within the proposed subdivision. Mr. Bothman agreed there was no need for city streets in an industrial area, as the city would be required to maintain them. Mr. Thede stated the area would be maintained by property owners and could see no reason to mandate city streets within an industrial area. Mr. Huntsberger questioned if streets were a condition of sale. Mr. Spencer stated the most current rules and regulations he was aware of were from 1980 from Lincoln County. He knew of nothing current although the County had made numerous revisions to the rules and regulations since 1980. Mr. Crismore requested clarification in writing from Mr. Spencer regarding regulations involving subdivisions. Investigation into any pertinent rules and regulations would also be conducted by the City Council. The Council will decide on March 21, 2005 what requirements will be imposed on the subdivision.

Mr. Bothman moved to require that the City Council review the 1980 Rules and Regulations and report the findings at the March 21, 2005 special meeting for a decision on the issue.
Mr. Huntsberger seconded the motion.
Motion passed unanimously.

The meeting was adjourned at 9:05 p.m.

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD MARCH 21, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Berget called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Council members Leckrone, Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Bob Haven of the First Nazarene Church led prayer.

Libby Logger Days budget amendment/public hearing was tabled until the April 4, 2005 regular meeting.

The Insurance Committee was asked to make a recommendation to the City Council regarding appointing an insurance representative for city employees through MMIA.

Mr. Roll moved to appoint Scott Beagle of Kootenai Valley Insurance to represent the City of Libby through MMIA.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

Lincoln County has applied for a historical preservation grant for the old Stimson Mill Bridge owned by the City of Libby. The plan is to refurbish the bridge and to include it in the walking trail route through the City of Libby.

Mr. Huntsberger moved to support Lincoln County in the application for a historical preservation grant for the Mill Bridge.
Mr. Bothman seconded the motion.
Motion carried unanimously.

Barbara Guthneck, Executive Director of the newly formed domestic violence shelter group came before the City Council requesting that the Helpline House not be sold but be allowed to continue to be used for a Lincoln County shelter. The house is currently used as a rental. The prior group has the option to use the equity in the house to satisfy outstanding the debts and distribute the balance however they choose. They have agreed have the debts satisfied and to allow the balance to be put back into another shelter with the stipulation that if the new organization ever ceases business, the amount allocated would be turned over to the shelter in Kalispell for operating costs.

Mr. Bothman moved to refinance the current loan on the city-owned house for the amount of equity in the loan at this time, pay off the existing debt of the obsolete business and apply the balance of the equity to the newly formed shelter.
Mr. Crismore seconded the motion.
Motion carried unanimously.

Libby Woodworks discussion was tabled until the April 4, 2005 regular meeting.

The Evergreen Motel is located on Mineral Avenue. Currently, the City of Libby has posted no parking signs due to loitering and vandalism problems in that area. The Evergreen Motel has requested special permission to allow their guests to park on the street in front of their business. Special parking permits and an amendment to the resolution was suggested.

Mr. Crismore moved to allow issuance of provisional parking permits in designated no parking areas during specific times of the year.
Mr. Roll seconded the motion.
Motion carried unanimously.

Other Business  – Todd Berget spoke to the City Council regarding the future of the skateboard park. He said several local youths wanted to get involved with the construction of a new skateboard park and he was asking direction on how to proceed. Gary Huntsberger advised them to attend a parks committee meeting. Mr. Huntsberger said the committee was planning to visit the alternative school to discuss the park plans.

Mr. Roll announced there was a Personnel Committee meeting scheduled for Wednesday, March 23, 2005 at 5:30 p.m. at City Hall.

Public Comment  – Ann German shared her view on prayer at the City Council meetings.

City Council adjourned for a short break at 7:32 p.m. Mayor Berget excused himself from the rest of the meeting due to conflict of interest topics.

Meeting reconvened at 7:48 p.m. Council President Charlene Leckrone chaired the remainder of the meeting.

The Millwood Subdivision request for approval was brought back before the City Council. As Scott Spencer explained, the Council has one of two decisions to make; one being to grant preliminary plat approval which contains conditions of approval to be met before final approval is granted or the second being plat approval which would be to approve the subdivision as is with no conditions. Several areas of the subdivision were recommended for conditions of approval.

Sewer/Water  – As the Council agreed, both utilities must be approved by the State of Montana if they are located on city property. The widths of the sewer and water lines are important. Development of the utilities prior to selling the property or prior to occupancy was discussed. Importance of where the utilities should be placed and what importance it would be to have them in place prior to knowledge of where buildings, roads, etc. would be located was also talked about.

Mr. Huntsberger moved that a condition of approval would be that 8 inch water and sewer lines would be run to the northeast corner of Lot 1A2B by a platted access easement.
Mr. Crismore seconded the motion.
Public comment was taken.
Motion failed by split decision: Crismore, Huntsberger, Roll voted yay. McElmurry, Bothman, Leckrone voted nay.

Mr. McElmurry moved that a condition of approval would be that eight-inch water and sewer lines would be run to the property as a condition of sale.
Mr. Bothman seconded the motion.
Motion failed by split decision: Crismore, Huntsberger, Roll voted nay. McElmurry, Bothman, Leckrone voted aye.

Streets  – The Council discussed the ramifications of requiring designated streets within the subdivision prior to occupancy. Issues regarding reopening paved streets to install utility lines at a later date, the necessity of designating streets at this point, and the required width of streets within the subdivision were debated.

Mr. Crismore moved that a sixty-foot right-of-way be dedicated from the northwest corner of the property to the southeast corner of the property as platted with exceptions made for encroachments.
Mr. Roll seconded the motion.
Public comment was taken.
Motion carried. McElmurry and Huntsberger opposed.

Sidewalks  – The Council decided sidewalks would not be an issue until such a time as roads are dedicated.

Mr. Roll moved that no conditions of approval would be placed on sidewalks.
Mr. McElmurry seconded the motion.
No public comment was offered.
Motion carried unanimously.

Lights  – As there are no utilities, sidewalks or development, it was decided no requirement for lighting would be necessary.

Mr. Roll moved that no condition of approval would be placed on lights.
Mr. McElmurry seconded the motion.
Public comment was taken.
Motion carried unanimously.

Surface Water  – Todd Berget told the Council that the engineers had located an old storm drain system that tied into the Stimson property but they were not sure if they would utilize it. The Council agreed, that per state requirements, too much of the land is undeveloped; therefore, no conditions would be placed regarding surface water at this time.

Public comment was taken.

Fire  – The Council agreed that any fire code requirements concerning buildings, hydrants, etc. was mandated by the State of Montana so it was not necessary to place conditions at this point.

Public comment was taken.

The Council revisited the importance of placing conditions upon the subdivision regarding water and sewer utilities before approval of the preliminary plat. Once the preliminary plat is accepted, it will be too late to make any conditions of approval. After more discussion, the Council agreed that it was not necessary to place conditions on the current owner of the property that are based on future hypothetical issues.

Mr. Roll moved that eight-inch water and sewer mains would be brought to the property line of the proposed subdivision upon sale of any lot within the subdivision and the cost of doing so would be determined between the buyer and seller of the property.
Mr. Bothman seconded the motion.
Public comment was taken.
Motion carried. Huntsberger and Crismore opposed the motion.

Meeting adjourned at 10:31 p.m.

Anthony J. Berget, Mayor

Charlene Leckrone, Council President

Chris Erickson, City Clerk

April 4, 2005 | Regular Meeting

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THE 1242nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 4, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Roll was called. Council members Leckrone, Bothman, Crismore, Huntsberger, McElmurry, Roll, City Services Supervisor Dan Thede, City Attorney Scott Spencer and City Clerk Chris Erickson were present.

Mr. Roll moved to accept the minutes as presented from the March 7, 2005 and regular meeting and the March 21, 2005 special meeting.
Mr. McElmurry seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Crismore handed out information concerning the WebCam issue to Council members.

NEW BUSINESS

Libby Woodworks issue was tabled until the April 18, 2005 special public hearing meeting.

Libby Logger Days request for funds was tabled until the special public hearing meeting scheduled for April 18, 2005.

Montana Float presented a proposal to the Budget and Finance Committee requesting restructuring of the certificate of deposit currently on file at the First National Bank. The group would like to convert the guarantee to a loan for expansion, which will give them more latitude for business expansion. A public hearing was scheduled for April 18, 2005. Mayor Berget expressed his gratitude to John Johansson of First National Bank for his assistance in the matter.

A public hearing is scheduled for April 18, 2005 at 6:30 p.m. to discuss the Johnston Acres Project. Due to unforeseen expenses and change orders with the project, a budget amendment will be considered.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported park group representatives attended a skatepark meeting with Dan Miller and the kids that are interested in participating in the project. The trail group is moving forward on obtaining a grant for the bridge decking.

CITY COUNCIL LIAISON  – The EPA woodstove program was discussed. Chris Swenson who is certified to spray weeds will begin the project on April 15th.

FIRE  – No report.

BUILDING/INDUSTRIAL PARK  – Ms. Leckrone inquired about the sprinkler system at the industrial park by the river.

INSURANCE  – Mayor Berget announced that Bob Worthington, CEO for MMIA, will be present at a meeting scheduled for April 25, 2005 at 7:00 p.m.

PERSONNEL  – None.

POLICE  – Police Chief Clay Coker gave the March report.

RESOLUTION/ORDINANCE  – None.

WATER  – None.

SEWER/LIGHTS  – The Helen’s Huckleberry business has requested to be granted a variance regarding the sewer situation. The Committee will make the decision.

STREETS/ALLEYS  – The Johnston Acres project is moving forward. The annual alley cleanup is scheduled for May 2005. An ad will be placed in the local papers.

SIDEWALKS/CURBS  – Lee Bothman said the sidewalk and handicap access was completed at the Achievements location.

BUDGET/FINANCE  – Mayor Berget reminded the Council that a new budget year is quickly approaching.

JUDICIAL  – None.

UNION NEGOTIATIONS  – The first union negotiation meeting is scheduled for May 11, 2005 at 5:00 p.m.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

HEAR THE PUBLIC  – None.

The meeting was adjourned at 7:46 p.m.

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

A PUBLIC HEARING/SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD APRIL 18, 2005 AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Berget called the public hearing to order at 6:35 p.m. and led the Pledge of Allegiance. Council members Leckrone, Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Mr. Berget explained the Council would discuss the issues regarding the budget amendment proposal and public comment would take place before any action or motions from the City Council.

The purpose of the public hearing was to obtain public comments regarding the amendment of the 2004-05 fiscal year budget to accommodate the following: Redistributing monies from the Enterprise Funds to Construction and Engineering Funds in the Water and Sewer budgets to support costs associated with establishing water and sewer mains within the Johnston Acres Subdivision construction project; allocating $1,000 from the Parks budget to be granted to the Libby Logger Days for purchase of event equipment; and, allocating $700 to the Local Government Review Board for Operating Costs.

Public comment was taken from Jim Rostorfer regarding clarification of enterprise funds.

Mr. Bothman moved to amend the water and sewer fiscal year 2005-06 budget.
Mr. Roll seconded the motion.
Motion carried unanimously.

Mr. Huntsberger moved to allocate $1000 from the parks budget to grant to Libby Logger Days for the purchase of event equipment.
Mr. McElmurry seconded the motion.
Motion carried unanimously. Ms. Leckrone voted nay.

Mr. Crismore moved to allocate $350 for the fiscal year 2005-06 budget for the Local Government Review board.
Mr. Roll seconded the motion.
Motion carried unanimously

Public hearing adjourned at 6:52 p.m.

Mayor Berget called the public hearing to order at 7:00 p.m. and led the Pledge of Allegiance. Council members Leckrone, Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Libby Woodworks was tabled until the regular meeting on May 2, 2005.

Montana Float Company submitted a request to convert the guarantee at the First National Bank to a loan for growth opportunity.

Mr. Roll moved to accept the request to revise the Montana Float package at First National Bank.
Mr. Crismore seconded the motion.
Motion carried unanimously.

Mayor Berget reminded the Council of the union negotiation meeting scheduled for May 11, 2005.

Mayor Berget scheduled a special meeting on April 25, 2005 at 6:30 p.m. for presentation of a resolution regarding a rate schedule for plant investment fees.

Meeting adjourned at 7:20 p.m.

Anthony J. Berget, Mayor

ATTEST:

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY APRIL 25, 2005 AT 6:30 P.M. COUNCIL CHAMBERS AT CITY HALL

Mayor Anthony Berget called the meeting to order at 6:32 and led the pledge of allegiance.  Roll was called.  Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Services Supervisor Dan Thede, and Deputy City Clerk Beth Burrell were present.

Mr. Crismore made a motion to accept Resolution 1637, setting Plant Investment fees for Ordinance 1635.
Mr. Roll seconded the motion.
Discussion followed.
Mayor Berget brought up discrepancies in the meaning of some of the wording of Ordinance 1635.  It was decided that the ordinance needed to be reviewed and corrected.
Mr. Crismore withdrew his motion.

Mr. Roll made a motion to adjourn.
Mr. Bothman seconded.
The meeting was adjourned at 7:00 pm.

May 2, 2005 | Regular Meeting

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THE 1243rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD MAY 2, 2005 AT 7:00 PM IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order and led the Pledge of Allegiance.  Roll was called.  Council members Bothman, Crismore, Roll, McElmurry and Huntsberger and Leckrone, Supervisor of City Services, Dan Thede, and Deputy City Clerk, Beth Burrell were present.

Bill Sonntag of the Family Worship Center offered the opening prayer.

Ms. Leckrone made a motion to approve the minutes from the April 4, 2005 regular meeting, April 18, 2005 and April 26, 2005 special meetings.
Mr. Roll seconded the motion.
The motion carried.

Ordinance No. 1638 of the Uniform Fire Code was given its first reading by Mayor Berget.

Les Skramstad asked for and was granted permission to use the Rose Garden area at the cemetery for the memorial to asbestos victims from May 24 through June 4.  He also asked for the use of an electrical cord for the service on Memorial Day.

Mayor Berget signed a proclamation making May 9 through June 5, Buckle Up America month.

UNFINISHED BUSINESS

The Web Camera purchase/rental proposal has been continued to the next meeting.

NEW BUSINESS

Sealed bids were opened:

City Service Valcon                                                             $1.17 per gallon for propane.

Kootenai Paving

PF-180 paving machine with operator and screedman;             $135.00 per hour
(For non Prevailing Wage) if Prevailing Wages add                  $  30.00 per hour
Requires 1 hour prior and 1 hour after production            8 Hour Minimum Rental

Paving Roller with operator                                                     $  65.00 per hour
(For non Prevailing Wage) if Prevailing Wages add                  $  20.00 per hour

Asphalt Laborer (Raker/Shoveler)                                           $  45.00 per hour
(For non Prevailing Wage) if Prevailing Wages add                  $  20.00 per hour

Equipment Transport                                                               $  80.00 per hour
(For non Prevailing Wage) if Prevailing Wages add                  $  20.00 per hour

 

2 inch thickness Type ‘B’(3/4’) or Type S-1 (1/2”) Hot Mix Asphalt:
Less than 3000 SF(500 SF Min.)                               $   2.00 per Square Foot
3000 or more SF                                                       $   1.00 per Square Foot

3 inch thickness of Type ‘B’(3/4’) or Type S-1 (1/2”) Hot Mixed Asphalt:

Less than 3000 SF (500 SF Min.)                              $   2.50 per Square Foot
3000 or More SF                                                      $   1.25 per Square Foot

Moore Oil, Inc. for unleaded Gasoline and Diesel Fuel:  As of 4/30/05

Unleaded Diesel Propane
Gasoline Fuel
Supply Rack Calgary Missoula Billings
Posted Price 1.647 1.7005
Discount (if any) 0.000 0.0000   0.0000
Freight to Libby 0.1200   0.0994
State Tax 0.2700   0.0075
DST Fee/Super Fund Fee 0.0075 0.2775
Subtotal 2.0450 2.0850 82.5000
Minimum Mark up at 7% N/A N/A N/A
Additional Margin 5.0000 5.0000 10.0000
Total Bid 2.0950 2.1350 92.5000

Remp Sand & Gravel, Inc.

5/8 minus crushed gravel                                                  $  4.20 per cubic yard
3/8 minus crushed chips                                                    $14.25 per cubic yard

The bids were submitted to the Street Committee for review.

Pam Peppenger requested various street closures on 8th Street and Lincoln Blvd for Libby Logger Days June 23 thought June 25.

Mr. Huntsberger made a motion to allow the street closure.
Mr. McElmurry seconded the motion.
The motion passed.

Bob Powell asked that the City buy and install privacy slats in the chain link fence at the Water Distribution Shop.  The request was given to the water committee.

A request for a stop sign at Dakota and Lincoln Boulevard with the stop on Dakota Avenue was postponed until the May 16th meeting.

Betty Jo Wood presented the proposed LRI budget for 2005/2006.  Mayor Berget stated that it would be handled at the midmonth meeting.

The Libby Woodworks issue was put in working committee meeting for the midmonth meeting.

The proposal to purchase property at the end of Mineral Avenue was presented by Mr. Crismore.  Some discussion followed.  Item was tabled until the May 16th special meeting.

COMMITTEE REPORTS

CEMETERY  – PARKS  – Gary Huntsberger reported on progress with the skateboard park.  Trees were planted at Riverside Park on Arbor Day.

CITY/COUNTY LIASON  – Stu Crismore stated that the county weed program was starting.  Arrangements will be make for Chris Swenson to start spraying for the city.

FIRE  – Chief Tom Wood gave the fire report.  Two calls had been made in the City.

INSURANCE  – Bob Worthington made a presentation to the Council concerning limiting liability on controversial Council decisions.

PERSONNEL  – Charlene Leckrone reported that Ron Higgins had been given the position of Building Inspector and Tanya Gehrke was hired to take the position of Deputy City Clerk/Billing Clerk.

WATER  – Lee Bothman made a motion to write off $3,564.98 in bankruptcies in the water department.  Doug Roll Seconded, Motion Passed.

Mr. Bothman commented on the rising bill of the Port Authority.

SIDEWALKS/CURBS  – Lee Bothman requested a $400 reimbursement for the Sheltered Workshop.  This was put on the agenda for the midmonth meeting.

BUDGET/FINANCE – Charlene Leckrone stated that the various departments needed to get their budgets submitted for next year.

UNION NEGOTIATIONS – Gary Huntsberger commented that there would be a negotiations beginning May 11.

Mayor Berget put the letter from Ken Peterson dealing with City Planning into committee to be taken care of at the midmonth meeting.

Ms. Leckrone made a motion to pay the claims except for warrant # 19060 until clarified by the City Clerk.
Mr. Roll seconded the motion.
Motion passed.

D.C. Orr addressed the Mayor and Council concerning Mr. John Norberg, the late building inspector’s good integrity.

The Meeting adjourned at 8:25 p.m.

Mayor Anthony J. Berget

Deputy City Clerk, Beth A. Burrell

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY MAY 16, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

 

Mayor Anthony Berget called the meeting to order at 7:04 and led the pledge of allegiance.  Roll was called.  Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present.

Ordinance No. 1639 Amend Ordinance No. 1635 Plant Investment Fees was given its first reading.

Libby Revitalization proposal for funding for fiscal year 2005-06 was tabled until the June 6, 2005 regular meeting.

A letter from City Attorney Scott Spencer regarding Libby Woodworks certificate of deposit on file at Lincoln County Credit Union was read.

Ms. Leckrone moved to accept the letter and submit it to Lincoln County Credit Union.
Mr. McElmurry seconded the motion.
Motion carried. Mr. Crismore opposed.

The proposal by Mr. Crismore suggesting the City purchase the property at the end of Mineral Avenue was discussed. It was suggested that the Libby Revitalization group review the proposal, as it is part of the downtown plan.

The City of Libby is proposing creating a planning and zoning board for the city limits. Lincoln County has the option to have a planning board but they have no jurisdiction within the boundaries of the city. They can, however, choose to have a delegate on the city’s board at their choosing. Mayor Berget will draft a letter to the County informing them of the city’s intentions requesting input that they feel they would like to offer.

D. C. Orr addressed the City Council.

Jim Rostorfer addressed the City Council.

Mr. Roll made a motion to adjourn.
Mr. Bothman seconded.
The meeting was adjourned at 7:32 pm.

Mayor, Anthony J. Berget

Chris A. Erickson, City Clerk

The Council reconvened into a general council working committee.

Mr. Dan Mueller was present to offer his expertise in the current needs of the City regarding current city streets, right-of-ways, stop signs and yield signs. He will draft a proposal and bring it to the City for review.

The Port Authority’s outstanding water bill was discussed. It was decided to have the water committee schedule a meeting with the Port Authority to discuss the issue.

Annexation into the city limits for the golf course area was discussed. The general consensus was to have the planning board draft a letter to all residents the annexation would affect. The proposal would be discussed at the June 6, 2005 regular meeting.

General Council working committee adjourned at 8:46 p.m.

Chris A. Erickson, City Clerk

June 6, 2005 | Regular Meeting

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THE 1244th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 6, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:06 p.m. and led the Pledge of Allegiance. Roll was called. Council members Leckrone, Bothman, Crismore, Huntsberger, McElmurry, Roll, and City Clerk Chris Erickson were present.

City Services Supervisor Dan Thede was absent.

Kevin Lindgren of the Libby Assembly of God Church led the prayer.

Ms. Leckrone moved to accept the minutes as presented for the May 2, 2005 regular meeting and the May 16, 2005 special meeting.
Mr. McElmurry seconded.
Motion carried unanimously.

Ordinance No. 1638, Enact a Modification of an Existing Uniform Fire Code Ordinance was read for the second time.

Resolution No. 1640 to Support the Continued Operations of Amtrak and Transcontinental Passenger Rail Transportation was read.

Mr. Crismore moved to accept Resolution No. 1640 to Support the Continued Operations of Amtrak and Transcontinental Passenger Rail Transportation
Mr. Roll seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mr. Crismore explained his reasoning pertaining to the purchase of the property at the end of Mineral Avenue is because it is an integral part of the Libby Revitalization’s Downtown Plan. He felt that if the City would purchase the parcel, it would allow some type of control over what type of building or structure could be erected on the parcel since the City has no zoning or covenant controls in place at this time. The parcel had not been surveyed or appraised at the time of this meeting.

Mr. Crismore moved to approve $30,000 to purchase the property at the end of Mineral Avenue.
Mr. Bothman seconded.
Motion failed.

NEW BUSINESS

Samantha Pierson, Director of the Lincoln County Library, requested an additional handicap parking space on 6th Avenue near Main Street. They are remodeling the library and the existing handicap parking space will be usable but will no longer be conveniently located.

Mr. McElmurry moved to allow additional handicap parking on 6th Avenue and Main Street.
Mr. Roll seconded the motion.
Motion carried.

Jeff Hoyer of the Investment Center leases office space in the Old City Hall. He is currently under an annual lease, which expires July 1, 2005. He is moving his office from the location but the new space is not ready. He is requesting to continue to rent the office space on a month-to-month basis until such time he can relocate.

Mr. Huntsberger moved to change the existing lease to a month-to-month rental agreement until such time Mr. Hoyer vacates the office space.
Ms. Leckrone seconded the motion.
Motion carried.

Libby Revitalization, Inc. submitted a proposed budget for fiscal year 2005-06 for approval. The budget had a tentative three-year commitment from the $8 million dollar grant.

Mr. Huntsberger moved to accept the Libby Revitalization, Inc. proposed budget for fiscal year 2005-06 as presented.
Mr. Roll seconded the motion.
Motion carried.

Possible annexation of all property in the Libby area that currently is provided with city utilities was discussed. The State of Montana previously mandated the authority to local entities authorizing them to include local areas that are provided with city services.  Notice to property owners was discussed. This issue was tabled until the July regular meeting.

Niles Nelson, owner of Nelson-Vial Funeral Home, has been maintaining a small piece of city-owned property adjacent to his property. The piece of property in question is next to the ball fields, but has not been mowed or cared for and is full of weeds. He requested the City to abandon the piece to him in order for him to be able to expand the parking for his place of business. He stated he would only pave the parcel and not place any structures whatsoever on the parcel in order to leave the utility easement open. Mayor Berget assigned the request to the Street Committee to present a recommendation to the Council at the June 20, 2005 special meeting.

Evaluation of City Right-of-Ways, stop signs and yield signs was tabled until the June 20, 2005 special meeting. At that time, the Mayor asked the Council to vote on the proposal to make Main Street a through street from Second Street to Cedar Street.

Delinquent water charges for D. C. Orr were evaluated by the Water Committee. As the Committee felt there was not enough documentation or proof of violation, the water charges will be written off.

Mr. Bothman moved to write-off the delinquent water charges for D. C. Orr.
Mr. Crismore seconded the motion.
Motion carried.

Mayor Berget shared the current legislative information.

The Community Asbestos Memorial Project spokesperson requested permission to erect a memorial for all local asbestos victims at the River Front Park. The group would like to erect a pavilion with a wall that contains the names of the victims. The Park Committee will review the request and present a recommendation at the June 20, 2005 special meeting.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the weeds are being sprayed. He met the new Fireman’s Park hosts. The Stimson Bridge is in good shape except for the decking, which was estimated to cost $17,000 to replace. EPA needs to replace the sprinkler system at River Front Park at their cost.

CITY COUNCIL LIAISON  – None.

FIRE   – Tom Wood reported minimal activity during the month of May. He acquired an estimate to repair the roof on the Old City Hall and Fire Halls structures.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – None.

PERSONNEL  – Walt Torgison is leaving the City of Libby on permanent disability. Possibly one of the summer helpers could be moved into his position until Jason Place returns. The City Attorney position is still open. Mayor Berget had several interested parties contact him.

POLICE  – Police Chief Clay Coker gave the May 2005 report.

RESOLUTION/ORDINANCE  – None.

WATER  – Lee Bothman said the Committee is meeting regularly.

SEWER/LIGHTS  – Frank Fahlund and Helen’s Huckleberry’s was given clearance prior to annexation. Millwork West conditions of approval have not been finalized.

STREETS/ALLEYS  – No winter plowing to speak of occurred this year. Mr. Roll stated he would like a professional hot mix job completed at the Johnston Acres project.

SIDEWALKS/CURBS  – Lee Bothman once again mentioned matching funds for sidewalk repair.

BUDGET/FINANCE  – The Council requested a budget meeting to be set up.

JUDICIAL  – None.

UNION NEGOTIATIONS  – Another meeting is scheduled for the end of June.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Chris Erickson requested permission from the Council to destroy certain records according to the guidelines set forth by the Montana Local Government. Mayor Berget instructed the Budget and Finance Committee to review the request and the guidelines and make a determination at the regular July meeting.

The City of Libby proposed planning board was talked about. The number of members, who could become a member and the role of the members was discussed.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. Bothman seconded the motion.
Motion passed unanimously.

HEAR THE PUBLIC

Clinton Maynard spoke regarding the lack of representation of the City Council on the CAG Committee.

D. C. Orr addressed Mayor Berget.

Jim Rostofer spoke regarding the sewer ponds at the Port Authority.

Mayor Berget excused himself from the following discussion due to a possible conflict of interest. In the absence of Mayor Berget, Council President Leckrone directed the remainder of the meeting.

Larry Sverdrup, legal representative for Dave Strand, explained that Mr. Strand would like to split his existing property and avoid the subdivision process. As Mr. Sverdrup explained, he would need a letter to the court stating there is no objection from the governing body to the land division.  After discussion, the City Council decided to contact Attorney Charles Evans to verify the legality of not doing a subdivision. If Mr. Evans verifies in writing this is a common procedure, permission will then be granted and a letter to the court will be drawn up.

Mr. Crismore moved to give tentative permission to Dave Strand to split existing property without a subdivision upon written approval from Attorney Charles Evans.
Mr. Roll seconded the motion.
Motion carried.

The meeting was adjourned at 9:32 p.m.

Anthony J. Berget, Mayor

Charlene Leckrone, City Council President/Acting Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY JUNE 20, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

 

A working budget committee meeting was held at 6:00 p.m. to discuss preliminary budget subjects. No decisions were made. A meeting schedule was created. The following is a tentative timetable for the fiscal year 2005-06 budget committee meetings:

Monday, June 27, 2005 from 6 to 7:30 p.m.
Monday, July 11, 2005 from 6 to 7:00 p.m. before regular meeting.
Monday, July 18, 2005 from 6 to 7:30 p.m.
Monday, July 25, 2005 from 6 to 7:30 p.m.
Monday, August 1, 2005 from 6 to 7:30 p.m. Preliminary budget due.

Mayor Anthony Berget called the special meeting to order at 7:02 and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present.

Council member Leckrone was absent.

Mayor Berget gave the Oath of Office to the new Deputy City Clerk/Utility Billing Clerk, Tanya Gehrke.

Pastor Kevin Lindgren offered prayer.

Ordinance No. 1639 Plant Investment Fees was read the second time.

Mr. Bothman made a motion to accept Resolution 1641 Adopting a Cafeteria Plan for the City of Libby employees.
Mr. Roll seconded the motion.
Motion carried.

Mr. Roll made a motion to accept the lowest bids on the gas bid proposal for fiscal year 2005-06.
Mr. McElmurry seconded the motion.
Motion carried.

Niles Nelson returned to the City Council requesting ownership of a parcel of land owned by the city. The parcel was deeded to the city years ago with the stipulation that the property would remain with the city for use with the park area. After discussion, it was agreed that Dan Thede and the city attorney would work up an amicable legal agreement to allow Mr. Nelson use of the parcel. A proposal to dedicate the circle next to the ball field to be named Goth Memorial Park was discussed.

Dan Mueller presented a “through street” proposal to the City Council. As he travels most of the city streets frequently, he has developed a plan to allow improved traffic flow toward Highway 2 from the residential areas.

Mr. Roll made a motion to make Main Avenue from Second Street to Cedar Street a through street with the exception of the two 4-way stop signs that currently exist at Fifth Street and Main Avenue and at Sixth Street and Main Avenue because of the Post Office and the existing stop sign to remain at the intersection of Highway 2 and Main Avenue.
Mr. McElmurry seconded the motion.
Motion carried.

Mr. Crismore made a motion to make Tenth Street from Dakota Avenue to Main Avenue a through street with the exception of the existing stop sign at Tenth Street and Louisiana Avenue.
Mr. Bothman seconded the motion.
Motion carried.

Mr. Crismore made a motion to make Cedar Street a through street with a stop sign at the intersection of Main Street and Cedar Street and the intersection of Louisiana Avenue and Cedar Street.
Mr. Roll seconded the motion.
Mr. Crismore made a motion to purge the records listed on the insert in the packet.
Mr. Roll seconded the motion
Motion carried.

Gary Swenson came before the City Council to finalize the request from CAMP for the creation of a memorial for victims of asbestosis at Riverfront Park. As Mayor Berget stated, the City has materials to donate that were from the Linden barn. First National Bank had in the past offered to pay for the concrete work. Most of the labor and materials will be donated.

Mr. Roll made a motion to accept the proposal to use the site of the city-owned Riverfront Park to construct a memorial for victims of asbestosis.
Mr. McElmurry seconded the motion.
Motion carried.

Gary Doubek, owner of the Pastime Bar and Lounge, requested permission to have a street dance and open container for the Kootenai Rodeo weekend in July. (Please note: the agenda erroneously reflected the event was Logger Days.)  Libby Logger Days had previously been given permission to hold a street dance on Mineral Avenue in front of the Pastime Bar for Logger Days on June 24th and 25th. Chief of Police Clay Coker explained to the Council that unless the City of Libby is willing to temporarily suspend the ordinance that prohibits open container in the city limits, liquor could not be allowed in the streets at all. There are certain state and city permits that must be in place for off premise sales of alcohol and certain requirements allowing catering events with alcohol. As Chief Coker explained, alcohol on the streets is different than erecting a beer garden. The requirements and permits are different. Mr. Doubek still has time to get permits in order for the July event of the rodeo. However, Libby Logger Days is only a few days away and there is not time for Mr. Doubek to acquire the necessary permits that will allow him to serve alcohol outside the establishment for that event, unless the City is willing to temporarily suspend the ordinance.

Mr. Crismore moved to temporarily suspend the current City of Libby ordinance that prohibits open containers for the Libby Logger Day street dance event if the state and the City’s insurance company, MMIA, confirm that no violation will be in order, to limit the hours of the dance from 8 p.m. until midnight, and for the final determination of suspending the ordinance to be made by Mayor Berget, Supervisor of City Services Dan Thede and Chief of Police Clay Coker.
Mr. Roll seconded the motion.
Motion carried.

The request to split a parcel of land owned by Dave Strand was tabled until the regular meeting in July.

The meeting was adjourned at 8:20 pm.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

July 11, 2005 | Regular Meeting

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THE 1245th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JULY 11, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:08 p.m. and led the Pledge of Allegiance. Roll was called. Council members Leckrone, Bothman, Crismore, Huntsberger, McElmurry, Roll, and City Clerk Chris Erickson were present.

City Services Supervisor Dan Thede was absent.

Les Nelson of Christ Lutheran Church led the prayer.

Mr. Roll moved to accept the minutes as presented for the June 6, 2005 regular meeting and the June 20, 2005 special meeting.
Mr. Bothman seconded the motion.
Motion carried unanimously.

Resolution No. 1642 Providing for the Amendment of Resolution 1636 to the Adoption of Rules and Regulations of the City of Libby Water Utility was read.

Mr. Bothman moved to accept Resolution No. 1642 as read.
Mr. Roll seconded the motion.
Motion carried unanimously.

Resolution No. 1643 Adopting a Utility Rule Requiring a Property Owner’s Consent to Annexation as a Condition of Continued Sewer and/or Water Service was read.

Mr. Roll moved to accept Resolution No. 1643 as read.
Ms. Leckrone seconded the motion.
Motion carried unanimously.

Resolution No. 1645 to Set the Fee Schedule for Cemetery Plots was read.

Ms. Leckrone moved to accept Resolution No. 1645 as read.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

Mayor Berget announced upcoming special meeting dates of July 18, 2005 and July 25, 2005.

UNFINISHED BUSINESS

 

NEW BUSINESS

The Montana Athletic Club submitted a request for a two-year lease renewal. As the new budget has not been adopted, this issue was tabled until the budget has been completed.

The Department of Environmental Health submitted a request for renewal of the Animal Control Agreement for FY 2005-06. As the new budget has not been adopted, this issue was tabled until the budget has been completed.

Tom Horelick of the Libby Aquatic Center outlined where the proposed swimming pool would be located on the Stimson property. He requested an agreement from the City of Libby to be able to utilize a portion of the City’s property. As Mr. Horelick stated, all the group needs at this point is the permission to construct the facility on the Stimson/City property when the time comes. The Council will have an agreement prepared for Mr. Horelick at the July 25, 2005 special meeting.

The Pastime Bar and the American Legion have both requested permission to close city streets in preparation for street dances for upcoming community events. An agreement was completed for the Pastime Bar when the same request was presented to the City Council in June. The same agreement will be completed for both of these requests. The same insurance and permit rules will be required from both parties prior to the events.

Mr. Roll moved to grant permission to the Pastime Bar to have a street closure on Mineral Avenue for the nights of July 29th and July 30th for the Kootenai Valley Rodeo Dance and for the NordicFest to have street closure on the nights of September 9th and 10th for a street dance.
Mr. Huntsberger seconded the motion.
Motion carried. Ms. Leckrone opposed.

Peggy Churchill, representative of the EPA gave an updated report of the activity of asbestos cleanup in the Libby area. To date 400 homes have been cleared and 1200 more are scheduled for cleanup. They propose to have a final cleanup plan in place by December 2005. As she stated, they have a $17 million annual budget and are solid for the duration of the project. She encouraged anyone to call or stop in the office for any questions or concerns they may have.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the continued complaints regarding dogs defecating at the cemetery will be turned over to Animal Control. The city’s bleachers were inspected by the State and are slated for repair or replacement. They will know in December if the grant has been awarded for the bridge repair. Riverfront Park sprinklers still need to be addressed. The City crews have agreed to pick up the garbage at the park at the Lincoln School area.

CITY COUNCIL LIAISON  – None.

FIRE  – Tom Wood gave the monthly report. He is certain they will receive a grant to install an air filter system in the building.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – An independent representative will interview Mr. McElmurry regarding Bob Lanman’s job requirements.

PERSONNEL  – An ad for the street position will be run at the Kootenai Job Service. The committee will schedule a meeting.

POLICE  – Police Chief Clay Coker gave the June 2005 report.

RESOLUTION/ORDINANCE  – A clean air ordinance regarding the wood stove change out program will be coordinated with the County.

WATER  – Lee Bothman said the city is experiencing low water pressure. He scheduled a committee meeting for July 19th at 7:00 a.m. at Henry’s Restaurant.

SEWER/LIGHTS  – Mr. Huntsberger reported they are experiencing variance issues. He would like all variance requests to come through the City Council for final approval after initial approval by the Board of Adjustments. This item will be on the agenda for the special meeting scheduled for July 25, 2005.

STREETS/ALLEYS  – Corky Pape said they are ready to pave the Johnston Acres project when ready. He felt the County was balking in their agreement to assist in the project and would like to schedule a meeting with them.

SIDEWALKS/CURBS  – Lee Bothman reported two requests were submitted and both were paid.

BUDGET/FINANCE  – Working committee meetings are scheduled for the next several weeks.

JUDICIAL  – None.

UNION NEGOTIATIONS  –

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – Stop signs were ordered and will be installed on certain streets to remedy the traffic flow for the downtown area.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. Bothman seconded the motion.
Motion passed unanimously.

HEAR THE PUBLIC

Jim Beasley addressed the Council regarding a proposed subdivision. The subject will be tabled until the July 25, 2005 special meeting.

A representative from TAG addressed the Council regarding the possibility of creating a Community Resource position to be a liaison to assist EPA in answering consumer questions regarding asbestos. EPA would fund the position, which they suggested could be a new city position. Concerns were raised regarding the potential liability of the city hiring an employee that would be making decisions countywide.

The meeting was adjourned at 9:32 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL WORKING BUDGET MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON JULY 11, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Anthony Berget called the special working budget meeting to order at 6:17 p.m.

Preliminary budget subjects were discussed. No decisions were made.

The meeting was adjourned at 6:50 pm.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL WORKING BUDGET MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON JULY 18, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Anthony Berget called the special working budget meeting to order at 6:10 p.m.

Preliminary budget subjects were discussed. No decisions were made.

The meeting was adjourned at 7:48 pm.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON JULY 25, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

A working budget committee meeting was held at 6:11 p.m. to discuss preliminary budget subjects. No decisions were made. Meeting was adjourned at 7:02 p.m.

Mayor Anthony Berget called the special meeting to order at 7:14 and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Leckrone, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present.

Mr. Roll moved to adopt Ordinance No. 1639 Plant Investment Fees.
Mr. Crismore seconded the motion.
Motion carried.

Mr. McElmurry made a motion to accept Resolution 1644 to Set the Fee Schedules for Water and Wastewater Plant Investment Fees.
Mr. Crismore seconded the motion.
Motion carried.

Tom Horelick, spokesperson for the Libby Aquatic Center, was in attendance to answer any additional questions regarding the request for an agreement to lease city land adjacent to the Montana Athletic Club for the proposed pool construction. The group has decided to do a mail in ballot in hopes of having a better voter turnout. Mr. Crismore suggested protecting the portion of the property that contains the aquatic center in the lease agreement in the case of a future sale.

Mr. Roll moved to have an attorney write up a legal lease agreement for Libby Aquatic Center, to include protection of the property in case of a potential sale, to be fashioned after the existing U-Serve agreement.
Mr. Bothman seconded the motion.
Motion carried.

Kootenai Surveyors and Jim Beasley are requesting input from the City Council regarding a pending subdivision to be known as Creekview Estates Subdivision. A public hearing about the project is scheduled for August 8, 2005 at 7:00 p.m. at the County Annex Building. Mr. Beasley met with the Council members individually for any direction regarding the plan and the possibility of annexation of the subdivision into the city limits. According to Mr. Beasley, the state will dictate most of the requirements on the project. He had no plans to construct sidewalks or incorporate lighting into the project in order to keep the costs down for potential buyers. The City of Libby will construct street lighting as part of the requirement for light assessment. The Council will review the annexation of the project at a special meeting scheduled for August 18, 2005.

Mayor Berget met with the interim Mayor Hamann of Troy.

No comments from the public.

The meeting was adjourned at 7:45 pm.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

August 1, 2005 | Regular Meeting

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THE 1246th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON AUGUST 1, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Huntsberger, McElmurry, Roll, Leckrone (7:10), City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Mr. Crismore was absent.

The minutes to be approved were tabled until the August 15, 2005 special meeting.

Ordinance No. 1638 Modification of an Existing Uniform Fire Code was presented for adoption.

Mr. Roll moved to accept Ordinance No. 1638 as read.
Mr. Bothman seconded the motion.
Motion carried unanimously.

UNFINISHED BUSINESS

None

NEW BUSINESS

Libby Nordicfest requested street closure for the upcoming annual parade on September 10, 2005.

Mr. Bothman moved to grant permission for street closure.
Mr. McElmurry seconded the motion.
Motion carried.

Jayson Weber presented a request for the city to assist in the purchase of specific playground equipment for the Asa Wood School. His son who is a special needs child will be attending the school in the fall of 2005. Mr. Weber would like his son, along with other children with special needs, to be able to have some outdoor playground equipment available for their use. The Libby School District fronted the monies with hopes of being reimbursed by the other entities in the area. Mayor Berget advised Mr. Weber this item would be tabled for the next budget meeting scheduled for August 8, 2005.

Ken Peterson, Lincoln County Planning Director, presented a preliminary subdivision application for Majestic View Estates. The subdivision will have 4 residential lots. Mr. Peterson recommended approval for this subdivision as it meets all necessary criteria. He suggested if the city required any engineering to be done, such as storm water drainage, it would be appropriate to put the requirement on the preliminary plat approval. He asked that he receive a copy of the approval statement once the Council approves the subdivision. The request was tabled until the August 15, 2005 special meeting.

Mr. Peterson returned with the Creekview Estate proposal stating the County would like assurance that the City would annex Hamann Avenue should the County approve the subdivision. The agreement would be annexation of the street only. No residences would be annexed at this time. The proposal requests 24’ street widths with no on street parking allowed. As part of the proposed subdivision is in the 100-year flood plain, there will be fewer lots available than originally proposed. A public hearing is scheduled for August 8, 2005.

Mr. Huntsberger moved to advise the County that, should the County approve the proposed subdivision, the City of Libby would annex through the proper channels, Hamann Avenue, Horseshoe Avenue and West Horseshoe Avenue, streets only with no residences to be considered for annexation at that time.
Mr. McElmurry seconded the motion.
Mr. Penock spoke of his concern about safety for the school children with the increased traffic congestion.
Ms. Stuckey voiced her concern about increased traffic in and around Hamann Avenue.
Mr. Orr reminded the Council to take the proper public hearing channels for annexation.
Mr. Peterson stated that the Montana Department of Transportation did approve the ingress and egress of the proposed subdivision.
Motion carried.

The Rock Creek Mine representatives approached Mayor Berget about the possibility of the City becoming involved with the lawsuit. As Rock Creek Mine would generate local jobs, the City would sign on as supporting the concept and not actually be involved in litigation. The issue was tabled for the August 15, 2005 special meeting.

The next budget meeting is scheduled for Monday August 8, 2005 at 7:00 a.m. Mayor Berget is scheduled to be in Eureka in the evening of that day.

The Council discussed the ongoing need for locating a city attorney to fulfill the needs of the Council.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the complaints regarding dogs defecating at the cemetery were turned over to Animal Control. The sprinkler system at Riverfront Park will be actively pursued with EPA as they agreed to install the main sprinkler line.

CITY/COUNTY LIAISON  – None.

FIRE  – Tom Wood stated things were very quiet. He reported the funeral services for Bill Kemp would be held next week.

BUILDING/INDUSTRIAL PARK  – The demolition of a portion of the Eagles building was discussed. Mr. Roll will check for time limits for demolition projects and report back to the Council.

INSURANCE  – Mr. McElmurry reported MMIA had sent a proposal for group term life insurance for the City to consider. The Committee will review the proposal and report back to the Council.

PERSONNEL  – A new employee, Glen Doubek, was hired as a wastewater plant operator. Interviews for the city street worker position will be held Thursday, August 11, 2005 at 6:00 p.m.

POLICE  – Police Chief Clay Coker gave the July 2005 report.

RESOLUTION/ORDINANCE  – None.

WATER  – Lee Bothman reported Noble Excavating was continuing to use treated water to water the dust in Johnston Acres. Mr. Thede will discuss the issue with them again.

SEWER/LIGHTS  – Mr. Thede will consult the attorney once more regarding letters on variances.

STREETS/ALLEYS  – Paving of the Johnston Acres subdivision will begin soon. The new stop signs are in place. The bleachers that were required to be fixed were taken to Montana Machine and Fabrication for repair.

SIDEWALKS/CURBS  – Lee Bothman requested permission to use any funds left from the 2004-05 budget for repair of the sidewalks outside the Old City Hall building.

BUDGET/FINANCE  – Working committee meetings are scheduled for the next several weeks.

JUDICIAL  – Judge Briggs has returned from vacation.

UNION NEGOTIATIONS  – A contract agreement was reached to be announced at the August 15, 2005 special meeting.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – The request for the possibility of creating a Community Resource position to be a liaison to assist EPA in answering consumer questions regarding asbestos was briefly discussed. The EPA would fund the position, which they suggested could be a new city position. The item was tabled for the August 15, 2005 special meeting.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

HEAR THE PUBLIC

No comments were offered.

The meeting was adjourned at 8:42 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON AUGUST 15, 2005 AT 7:00 P.M. COUNCIL CHAMBERS AT CITY HALL

A working budget committee meeting was held at 6:15 p.m. to discuss preliminary budget subjects. The preliminary budget will be adopted at the weekly morning meeting on Wednesday, August 17, 2005. Meeting was adjourned at 6:54 p.m.

Mayor Anthony Berget called the special meeting to order at 7:03 and led the pledge of allegiance. Roll was called. Council members Crismore, Leckrone, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present. Council member Bothman was absent.

Mr. Roll moved to accept the minutes of July 11, 2005 and July 25, 2005 as presented.
Mr. Crismore seconded the motion.
Motion carried.

Mayor Berget announced that the preliminary budget would be approved at the regular weekly morning meeting on Wednesday, August 17, 2005.

The request from Jayson Weber for funding for playground equipment at Asa Wood School was discussed. Mr. Weber has received enough funding from other sources. The Council decided to leave the monies in the park fund for future needs.

Helen Clark, TAG Board Member, came before the Council requesting support for a proposed community resource position. The position would be a liaison to assist EPA in channeling any questions, concerns or needs of the community that may appear after the asbestos cleanup is completed on properties in the city limits and throughout Lincoln County. EPA would provide the funding for the position, but would like the position to be under the jurisdiction of the city with the City of Libby responsible for benefits and a vehicle. The concerns raised by the City Council included liability issues, decision making outside the jurisdiction of the city limits, and long term responsibilities and requirements.

Mr. Roll moved to draft a letter of support for the concept of the position of Community Resource Administrator with no commitment of employment by the City of Libby at this time.
Mr. McElmurry seconded the motion.
Motion carried.

A public hearing for the proposed Creek View Estates Subdivision was held on Monday, August 8, 2005. Mr. Beasley is awaiting written approval from the City of Libby in order to submit the proposal to the Department of Environmental Quality for final approval. As the property is not yet annexed, it was difficult for the Council to make decisions that affected city issues. The width of the streets remained an issue. The Council requested clarification from the acting City Attorney as to the ability of the Board of Adjustments to override or determine discrepancies in city issues. The incorporation of Second Street Extension was discussed. Safety concerns for school children in the area of increased traffic was addressed.

Mr. Roll moved to accept the conditions of approval as a whole as set by Ken Peterson, Lincoln County Planning Director, with the exception of clarification of the road base width required by the City of Libby for new construction and with the option of incorporating Second Street Extension.
Ms. Leckrone seconded the motion.
Motion carried.

Mr. Leyba presented his request for approval of a minor subdivision to be known as Majestic View Estates. The parcel would be divided into four single-family residential lots. The property is already in the city limits. All services are in place and available. Mr. Leyba needs a letter of approval from the City accepting the subdivision as presented.

Mr. Roll moved to accept Majestic View Estates subdivision as recommended by Lincoln County.
Mr. McElmurry seconded the motion
Motion carried.

Ron Weins presented a minor subdivision proposal to be known as Kootenai River Health Park. The complex would house medical offices in an already existing hospital zoned area. No action was taken. The issue was tabled until the regular monthly meeting scheduled for September 12, 2005.

Rock Creek Mine has requested an endorsement of support from the City of Libby.

Mr. Huntsberger moved to submit a letter of support to the Rock Creek Mine.
Mr. McElmurry seconded by motion.
Motion carried.

The City of Libby and the union employees reached the AFSCME collective bargaining agreement.

Mr. Roll moved to accept the two-year union contract with AFSCME to be in effect from July 1, 2005 through June 30, 2007.
Ms. Leckrone seconded the motion.
Motion carried. Mr. McElmurry abstained.

Chief Clay Coker presented a proposal to the City Council to utilize the space of the Old City Hall that will be vacated by the Investment Center sometime this year. As Chief Coker explained, his department has been housed in the back of the building for eight years. The department has grown and is in need of more space for records, training and secured evidence storage. As he explained, having the department more visible and attainable to the public would be an asset to the city and would also fall into the downtown plan embraced by the Libby Revitalization’s long term growth plan. He indicated the department would provide the repairs and upkeep to the area. As the 100-year anniversary of the police force is approaching, Chief Coker would like to incorporate the historical building onto a badge to celebrate the event. The issue was given to the Building Committee who will report back to the City Council with a decision at the October regular meeting.

Mayor Berget and Mr. Bothman attended the recent city council meeting at Thompson Falls. They met the city attorney who had expressed interest in the position available at the City of Libby. As Mayor Berget explained, Mark Fennessy and Charles Evans have also expressed interest in the open position of city attorney. The issue was turned over to the Judicial Committee for recommendation to the City Council.

Paving on the Johnston Acres project is set to begin Monday, August 22, 2005.

Mr. Crismore requested that the new stop sign that was placed at the corner of 10th Street and Dakota be removed. The street length between the stop sign and Highway 2 is not long enough to accommodate the length of a big truck should one utilize that street. Mr. Thede assured the Council the stop sign would be removed.

Meeting was adjourned at 9:13 p.m.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL BUDGET MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON AUGUST 17, 2005 AT 7:00 A.M. AT HENRY’S RESTAURANT

Mayor Anthony Berget called the special working budget meeting to order at 7:00 a.m.

Council members present were Leckrone, Roll, Huntsberger and McElmurry. Council members absent were Bothman and Crismore.

Preliminary budget subjects were briefly discussed. It was decided the full-time position being created for Donna Moe would be approved on a temporary basis for one year. The need to retain the position would be revisited again next fiscal year.

Ms. Leckrone moved to accept the fiscal year 2005-06 budget as presented.
Mr. Roll seconded the motion.
Motion carried.

The meeting was adjourned at 7:36 a.m.

____________________________________

Anthony J. Berget, Mayor

Charlene Leckrone, Council President

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY COUNCIL WAS HELD ON AUGUST 19, 2005 AT 5:30 P.M.  COUNCIL CHAMBERS – CITY HALL

Acting Mayor Roll called the special meeting to order at 5:40 p.m.

Present were council members Crismore, Roll, Huntsberger and McElmurry and City Clerk Chris Erickson. Absent were council members Bothman, Leckrone, Mayor Berget and City Services Supervisor Dan Thede.

The 2005-06 preliminary budget was briefly discussed. It was decided that, due to the time of the last special meeting set to approve the budget, the public was unable to attend. Therefore, the meeting was rescheduled in order to accept comment from the public.

Mr. Huntsberger moved to accept the fiscal year 2005-06 budget as presented.
Mr. McElmurry seconded the motion.
Motion carried.

There was no public in attendance.

The meeting was adjourned at 5:43 p.m.

____________________________________

Doug Roll, Acting Mayor

Chris A. Erickson, City Clerk

September 12, 2005 | Regular Meeting

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THE 1247th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON SEPTEMBER 12, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:02 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry, Roll, Leckrone, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Mr. McElmurry moved to approve the minutes of the August 1, 2005 regular meeting and August 15, 17 and 19 special meetings.
Mr. Roll seconded the motion.
Motion carried unanimously.

Resolution No. 1646 Fixing Annual Appropriations As Set Forth In The 2005-06 Budget Adopted By The City Council was read.

Mr. McElmurry moved to accept Resolution No. 1646 as read.
Mr. Bothman seconded the motion.
Motion carried unanimously.

Resolution No. 1647 Setting The Salaries and Wages of Elected Officers, Appointed Officers and City Employees was read.

Mr. Roll moved to accept Resolution No. 1647 as read.
Ms. Leckrone seconded the motion.
Motion carried unanimously.

Resolution No. 1648 Making Tax Levy for the Year 2005 Upon All Real Property in the City Of Libby For General and Special Purposes was read.

 

Ms. Leckrone moved to accept Resolution No. 1648 as read.
Mr. Roll seconded the motion.
Motion carried unanimously.

UNFINISHED BUSINESS

Creek View Estates owner Jim Beasley returned to the Council requesting a variance on the road width for the new development. Mr. Roll stated he had consulted with Kalispell regarding the current road width requirements they incorporated for residential areas. He was informed that the City of Kalispell currently allows 24’ paved surface with a 28’ final width. That final width includes 2’ curbs on each side of the road surface. They also stated the length of the road dictates road width allowances.

Mr. Roll moved to grant the variance to Creek View Estates based on a 24’ road surface width with an additional 2’ curb on each side making a total width of 28’.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

NEW BUSINESS

Tony Rebo, representative for the proposed Kootenai River Health Park subdivision, came before the City Council requesting a variance for the road width within the subdivision and approval of the proposed subdivision as a whole. As Mr. Rebo explained, the road width is proposed to be 30’ with a 2’ curb on each side making the total width 34’. The road into the complex will be a cul-de-sac. Lots 3, 4 and 5 are not planned for development at this time. The helipad will remain where it is for now.

Ms. Leckrone moved to grant the variance to Kootenai River Health Park for the road width of 30’ with a 2’ curb on each side for a total width of 34’.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

Mr. Roll moved to accept the Kootenai River Health Park subdivision as proposed.
Ms. Leckrone seconded the motion.
Motion carried unanimously.

Mayor Berget swore in the new police officer, Frank Colin Barnett. The City Council welcomed Officer Barnett to the city.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the cemetery concerns, which included ongoing dog problems, requirements for urn containers and expansion of the cemetery. EPA is addressing River Front Park watering system issues. Plans for the asbestos memorial is progressing. The Eagle Scouts would like to assist with the project. The City of Libby has the trusses available for the gazebo roof.

CITY/COUNTY LIAISON  – None.

FIRE  – Doug Roll said the Fire Department collected $4,000 for the victims of Hurricane Katrina. Tom Wood stated the Fire Department received a $28,000 grant for an air injection system. Bid requests were sent out. The department received a new radio system. Rural Fire will assist with the water line repair for LDS.

BUILDING/INDUSTRIAL PARK   – None.

INSURANCE  – Mr. McElmurry reported MMIA had sent a proposal for group term life insurance for the City to consider. The Committee agreed to accept the proposal.

PERSONNEL  – None.

POLICE  – Police Chief Clay Coker reported he hired the new officer Colin Barnett. He has been dealing with parking issues on Idaho Avenue across from Asa Wood School. He is prepared to move into the front of the Old City Hall building as soon as the current tenants vacate the space. LRI also plans to share the space.

RESOLUTION/ORDINANCE  – None.

WATER  – None.

SEWER/LIGHTS  – Mr. Huntsberger has met with Port Authority regarding the water and sewer issue. He has had several reports of blinking streetlights.

STREETS/ALLEYS  – Corky Pape reported that the paving of the Johnston Acres went well although the material was over the bid amount. The base was not brought up to specifications in several areas before the material was applied which increased the cost.

SIDEWALKS/CURBS  – Lee Bothman requested an estimate to replace the sidewalk in front of the Old City Hall building. The request was presented to the Building Committee for recommendation.

BUDGET/FINANCE  – Ms. Leckrone reported the fiscal year 2005-06 budget was passed and is in effect.

JUDICIAL  – Judge Briggs reported she and the Court Clerk would be gone the week of October 3-7 for training.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mr. Roll moved to approve payment of the claims as per the claims approval list.
Mr. Bothman seconded the motion.
Mr. Crismore questioned payment to a vendor for Johnston Acres material. Mayor Berget suggested the City Council discuss the project at the working committee special meeting scheduled for Monday, September 19, 2005.

Motion carried.

HEAR THE PUBLIC

No comments were offered.

Libby Revitalization was placed at the end of the agenda due to a presentation to be given by the consultants for the streetscape project. Libby Revitalization, Inc. is asking for the City Council’s support for the concept of the streetscape master plan. Lorraine Roach, spokesperson for CTA Land Works, addressed the Council with an overview of the project, the progression, and the importance for the City Council to support the project. Larry Comer, President of Welch Comer Assoc., explained the various avenues that could be pursued to fund the project including SID’s and grants. The main concern for the City Council was who would be available for the actual grant writing. They understood the contract with CTA Land Works was to include assistance with the grant writing process. Ms. Roach explained the master plan document was compiled in such a way that “cutting and pasting” information into each grant would be easy to accomplish. She also included an extensive list of available grants. Since the City of Libby has various commitments already in the works for funding, Ms. Roach would like to schedule a meeting with all the key people to determine which projects are most crucial and how they can be prioritized allowing this project to move forward.

Mr. Huntsberger moved to formerly adopt the streetscape master plan in concept for the City of Libby as presented.
Mr. Crismore seconded the motion.
Motion carried.

Mayor Berget read a letter of support from Kootenai Paving, Inc.

Mayor Berget shared a letter from Montana Athletic Club who is holding a Fitness Challenge for the community. He suggested the City Council participate in the challenge.

The meeting was adjourned at 9:18 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON SEPTEMBER 19, 2005 AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Anthony Berget called the special meeting to order at 6:35 p.m. and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Leckrone, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present. Council member Huntsberger was absent.

Ron Carter spoke regarding the Libby Revitalization’s Streetscape Plan. He encouraged the City Council to review the proposal in detail. He stated that local bids and estimates were not requested. Compared to many of the estimates Mr. Carter reviewed, local contractors and business could compete with the bid process thus lowering the total cost of the design plan. Mr. Carter handed out a flyer regarding a public demonstration he will facilitate on October 8th regarding a wood gas generator set.

Mayor Berget brought a proposal before the Council regarding appointment of a new City Attorney. Mayor Berget emphasized the qualities and expertise of all three interested attorneys who were Mark Fennessey, Ted Hess-Homeier and Charles Evans. As Mayor Berget pointed out Mr. Fennessey was very knowledgeable in public entity laws and regulations but required more salary than was available. Mr. Hess-Homeier came very highly recommended but the council felt they needed the city attorney at every meeting. Mr. Hess-Homeier lives in Missoula and would be required to travel and would not attend every meeting. Mr. Evans is currently on contract as the prosecutor for the City of Libby. With a combined bid to remain the prosecutor and become the city attorney, the salary he required was within reason for the amount budgeted for the position. Mayor Berget emphasized that Mr. Evans, although not highly experienced in public entity issues, is a very capable individual who would make a good city attorney. Mr. Evans was Mayor Berget’s recommendation for appointment to the position.

Mr. Bothman moved to accept Mayor Berget’s recommendation and appoint Charles Evans to the position of Libby City Attorney.
Ms. Leckrone seconded the motion.
Motion carried.

There was no public comment.

The special meeting was adjourned at 6:50 p.m.

The working committee meeting was called to order at 6:51 p.m.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

October 3, 2005 | Regular Meeting

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THE 1248th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON OCTOBER 3, 2005 AT 6:30 P.M. IN THE COUNCIL CHAMBERS

PUBLIC HEARING  – WATER & SEWER HEARING RATE INCREASES

Mayor Berget called the public hearing to order at 6:35 p.m. and led the Pledge of Allegiance.  Roll was called.  Council members Huntsberger, Leckrone, McElmurry, Bothman and Roll, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  Council member Mr. Crismore was absent.

Mayor Berget explained the proposed water and sewer rate increases. He also explained the justification for the rate increase and how the enterprise funds are collected.

Jim Morey questioned the resolutions for rate increases that were placed on the agenda immediately following a public hearing. He felt the Council should wait and take time to make a decision before voting immediately. Mr. Morey also said the rates were too high.

Jeff Gruber voiced his concerns about the rate increase. He suggested raising the 1986 ruling that banned wells within the city limits.

Beth Lee asked about assistance for utility payment for low-income residents.

Scott Thompson said the city is so close to the river that something should be done to utilize that water. He also suggested lower rates during the summer months.

Sam Sather questioned the water hydrant charge.

Rey Reisman stated to make the tenants responsible for delinquent water charges, not the property owners.

D. C. Orr disagreed with the rate increases. He requested that the Council table the vote on the resolutions until they could discuss the public hearing requests.

David Anderson also disagreed with the rate increases.

The public hearing was adjourned at 7:06 p.m.

Mayor Berget called the regular meeting to order at 7:15 p.m. and led the Pledge of Allegiance.  Roll was called.  Council members Huntsberger, Leckrone, McElmurry and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  Council member Mr. Crismore was absent.

Eddie Young of the Kootenai Valley Church offered prayer.

Mayor Berget presented the Oath of Office to the new City Attorney Charles Evans.

Mr. Roll moved to accept the minutes from the September 12, 2005 regular meeting and the September 19, 2005 special meeting.
Ms. Leckrone seconded the motion.
Motion carried unanimously.

Mayor Berget and the City Council agreed to table Resolution No.1649 – Resolution of the City of Libby approving a rate increase for the City’s water system and Resolution No. 1650 – Resolution of the City of Libby approving a rate increase for the City’s sewer system in order for the City Council to give further consideration to the public hearing comments.

UNFINISHED BUSINESS

The Council briefly discussed the request from the Police Department to utilize the front portion of the Old City Hall when the current tenants vacate the area.

Mr. Roll moved to allow the police department to move into the front portion of the Old City Hall and share the space with Libby Revitalization, Inc. once the current tenants vacate the space.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

NEW BUSINESS

The request for annexation of Creekview Estates was discussed. Mayor Berget pointed out the area on the city map. Brief discussion ensued.

Mr. Roll moved to approve annexation of Creekview Estates.
Mr. Bothman seconded the motion.
Commissioner Windom made note that Hamann Avenue residents were complaining about the heavy truck traffic since the onslaught of construction of the Creekview Estates. The County never allowed truck traffic on Hamann Avenue due to the disruption to residents on that particular street.
Motion carried. Mr. Huntsberger abstained.

The request for annexation of the City of Libby Wastewater Treatment Plant was tabled until the October 17th special meeting.

The request for annexation of the City of Libby vacant land/gravel pit was tabled until the October 17th special meeting.

The minor subdivision request from Kootenai Surveyors was for information only.

Montana Municipal Insurance Authority (MMIA) advised the City of Libby to restructure certain parts of the current personnel policy and procedure manual to ensure ongoing compliance in order to renew the employment practices liability coverage with MMIA.

Ms. Leckrone moved to accept the changes made to the City of Libby Personnel Policies and Procedures manual as advised by MMIA.
Mr. Roll seconded the motion.
Motion carried unanimously. Mr. McElmurry abstained.

Other sections of the City of Libby Personnel Policies and Procedures Manual requiring clarification will be tabled until the October 17, 2005 special meeting.

The Port Authority made the decision within the organization to separate out the Stimson Mill property into an industrial district. It was questioned why the property was not advertised for public auction, why no public hearing was held, and who will oversee the operation.

The City/County Nursing District issue was tabled until the October 17, 2005 special meeting.

The potential development of a City Planning Committee will be on the October 17, 2005 special meeting agenda.

COMMITTEE REPORTS

PARKS – Mr. Huntsberger reported he learned that the City of Libby was a member of Street City USA and that there was a tree committee already formed.

CITY/COUNTY LIAISON – Commissioner Windom informed the Council that the county was allotted extra money for the Libby and Eureka animal shelters; both the Libby and Eureka airports are set for expansion; J. Neils Park will be upgraded to host the Babe Ruth Tournaments; the courthouse sidewalks and lighting mounts are completed; and a public hearing for Swamp Creek road improvement is scheduled for October 27, 2005.

FIRE  – Tom Wood again reminded the Council that the Port Authority has no fire protection in place. As he said, if there were a fire, they would respond but they needed to be annexed into the city limits in order to brought into compliance.

BUILDING/INDUSTRIAL PARK   – Ms. Leckrone reported on the sidewalk improvement scheduled for the Old City Hall building.

INSURANCE  – None.

PERSONNEL  – Ms. Leckrone reported the city hired Charles Evans as the new city attorney.

POLICE  – Police officer Brandon Littrell gave the monthly police report.

RESOLUTION/ORDINANCE  – None.

WATER  – None.

SEWER/LIGHTS  – Mr. Huntsberger reminded everyone to report any malfunctioning street lights to the police department.

STREETS/ALLEYS  – Mr. Roll reported that Lee VanAlstine passed his commercial drivers license exam. The city crew has been busy painting the curbs.

SIDEWALKS/CURBS  – Lee Bothman said money was allocated from the building maintenance budget to repair the sidewalk around the Old City Hall building.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Ms. Leckrone moved to pay the claims as presented.
Mr. Roll seconded the motion.
Motion carried unanimously.

HEAR THE PUBLIC

Comments from the public were taken

The meeting was adjourned at 8:47 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

———————————–

SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY OCTOBER 17, 2005 AT 7:00 P.M.COUNCIL CHAMBERS AT CITY HALL

 

Mayor Anthony Berget called the special meeting to order at 7:02 p.m. and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present. Council members Leckrone and McElmurry were absent.

Mr. Crismore moved to accept Resolution No. 1649 Approving a Rate Increase for the City’s Water System.
Mr. Roll seconded the motion.
Motion carried.

Mr. Roll moved to accept Resolution No. 1650 Approving a Rate Increase for the City’s Sewer System.
Mr. Crismore seconded the motion.
Motion carried.

Mr. Crismore moved to accept Resolution No. 1651 Approving Communication and Action to Resolve the Shortfall in Needed Funding for Energy Assistance Programs in Montana.
Mr. Roll seconded the motion.
Motion carried.

Mr. Crismore moved to accept Resolution No. 1652 Approving and Adopting the Revised and Restated Interlocal Agreement Governing the Montana Municipal Insurance Authority.
Mr. Roll seconded the motion.
Motion carried.

UNFINISHED BUSINESS

Annexation of the City of Libby’s wastewater treatment plant and the quarry was discussed. City Attorney Charles Evans pointed out that the 1972 Growth Plan for the City of Libby was never updated nor has it been followed very closely throughout the years. He cautioned the Council to be aware of the Growth Plan to make sure the annexation fits the plan for an informed decision. He advised the Council to take into consideration certain issues and reminded them that the current growth plan should be fully understood before any changes are made. City Attorney Evans will research the Montana Annotated Codes for information on annexation of contiguous government lands.

The City of Libby annexation issues will be tabled until further review of the Growth Plan.

Mayor Berget explained the role of a Planning Board within a municipality. The Council agreed it should be a stand-alone planning board and not be combined with the County. The following individuals have volunteered to spearhead the Planning Board: Barb Desch, Bruce Moog, Bill Bischoff, Peggy Williams, Ron Thatcher, and Amber Bresgner.

Mr. Roll moved to accept the individuals who volunteered for the City of Libby Planning Board.
Mr. Bothman seconded the motion.
Motion carried.

Montana Municipal Insurance Authority has advised the City of Libby to review Leaves of Absence, Travel Reimbursement, Job Descriptions and Drug Testing policy issues that are included in the City of Libby’s Personnel Policy and Procedure Manual.

Mr. Roll moved to require all full time employees of the City of Libby to submit to random drug testing.
Mr. Bothman seconded the motion.
Motion carried.

Leaves of Absence, Travel Reimbursement and Job Descriptions sections will be tabled to allow for more research to be completed.

NEW BUSINESS

The formation of a City/County Board of Health was tabled until the November 7, 2005 regular meeting.

A letter from the Kootenai Pets for Life requesting a variance was tabled until the November 7, 2005 regular meeting.

The role of the Board of Adjustments was briefly discussed. As there is a resolution in place dictating responsibility of the Board, any changes would require a new resolution.

Mr. Crismore discussed garbage that continued to pile up at a particular residence on Dakota Avenue. He also inquired as to when the City enforces the garbage issues that affect streets and alleys.

Chief Clay Coker was asked what were the times for beginning and ending construction activity within the city limits.

No public requested to be heard.

Meeting was adjourned at 8:36 p.m.

____________________________________

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

November 7, 2005 | Regular Meeting

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THE 1249th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON NOVEMBER 7, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:01 p.m. and led the Pledge of Allegiance.  Roll was called.  Council members Huntsberger, Bothman, Leckrone (7:09), Crismore, McElmurry and Roll, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  City Attorney Charles Evans was absent.

Eddie Young of the Kootenai Valley Church offered prayer.

Mr. McElmurry moved to accept the minutes from the October 3, 2005 regular meeting and the October 17, 2005 special meeting.
Ms. Roll seconded the motion.
Motion carried.

Mayor Berget presented the Oath of Office to the new police officer Chris Scauflaire. He was welcomed by the City Council.

UNFINISHED BUSINESS

The contract for the new City Attorney would be reviewed after the meeting.

Eileen Carney, representative for the Kootenai Pets for Life requested a variance to construct a new no-kill animal facility. The group was considering property near the cemetery consisting of 3 lots with two small houses. This request lacked a motion and did not pass.

The Council suggested having the facility on another parcel of city property that currently contains the Lincoln County Animal Shelter. As Mayor Berget stated, there is plenty of space at that location and the facility would be further from residential areas. Ron Anderson, Director of Lincoln County Environmental Health, noted the water supply at that facility is barely enough to meet the needs of the current animal shelter. If another facility were to be using the same water supply, the current system would need to be modified. Mayor Berget suggested that Ms. Carney survey the proposed property with Mr. Thede, Mr. McElmurry, Mr. Crismore and Mr. Anderson. He suggested they mark the area she feels would meet their needs and bring a proposal back to the City Council at the December 5th meeting.

The lease renewal for the Montana Athletic Center was discussed. A clause in the lease states that the City of Libby has the option to increase the lease up to five percent (5%) for each renewal period.

Mr. Roll moved to renew the lease with the option of the 5% increase.
Ms. Leckrone seconded the motion.
Motion carried.

The Board of Adjustments will meet next week with the newly formed City of Libby Planning Board. At that time, the role of the board will be made clear.

The request for annexation for the City of Libby Wastewater Treatment Plant was discussed. The issue of annexation of government-owned property was researched and found to be acceptable.

Mr. Roll moved to annex the City of Libby Wastewater Treatment Plant into the city limits.
Ms. Leckrone seconded the motion.
Motion carried.

The request for annexation of the City of Libby gravel pit was discussed. This request has been brought before the City Council numerous times in the past years with no action taken.

Mr. Roll moved to approve the request for annexation of the City of Libby gravel pit.
Ms. Leckrone seconded the motion.
Public was heard against the annexation.
Motion failed with a split decision. Council members Bothman, Roll, Leckrone voted aye. Council members Crismore, Huntsberger, McElmurry voted nay.

The request was tabled until the December regular meeting.

The review of the personnel policy issues was given to the Personnel Committee.

Ron Anderson, Director of Lincoln County Environmental Health, reviewed with the Council a letter he had drafted in August regarding the formation of a City-County Board of Health. He said the area has a need and the interest for such an organization and was asking for the Council’s support. The group would meet quarterly to discuss certain issues. The Council unanimously offered their support for a Board of Health and would designate a council member to participate.

NEW BUSINESS

Stan Kargol, Vice Chairman of the Kootenai Business Park Industrial District, came before the Council requesting their support regarding the Urban Renewal Plan. The group is a self-designated division of the Lincoln County Port Authority. The decision to become an industrial district was to maximize opportunities for the sale of the property for future development by private enterprise. The group plans to promote jobs and housing, balance the tax base, and promote growth for the area. He discussed business targets, local advantages and disadvantages, and recruiting approaches. Mr. Kargol was asking for a decision on the Plan so as to move forward with a public hearing.

Mr. Crismore moved to give support and accept the Kootenai Business Park Industrial District’s Urban Renewal Plan as presented.
Mr. Huntsberger seconded the motion.
Motion carried.

Munro Investments asked that their request for tax exemption be tabled until the December 5th meeting.

Chris Noble, Noble Excavating is the owner of the Louisiana Pacific mill site property. He is proposing a plan for a future 60-lot subdivision and wanted to know if the City would agree to annex the property and provide city services should development begin. The issue was tabled until the working committee meeting scheduled for December 5, 2005.

Friends of the Old High School representative Lee Disney addressed the council requesting a letter of support from them addressed to ConoverBond, the developer in Spokane, Washington who is interested in purchasing the building for rehabilitation. After much discussion, it was agreed to draft a letter of support with the stipulation the purchase and rehabilitation would specify a length of time for completion.

Ms. Leckrone moved to draft a letter in support of Friends of the Old High School to the ConoverBond for the effort to revitalize the old high school building.
Mr. McElmurry seconded the motion.
Motion carried. Mr. Huntsberger opposed.

Ron Anderson, Director of the Lincoln County Environmental Health, addressed the Council with a request to create a Lincoln County/City of Libby Air Quality Ordinance. Currently, the air quality in the county remains substandard and in order to achieve mandatory compliance with the air quality standards, it is necessary to revise the current air pollution ordinance. Mr. Anderson said the ordinance process should be completed by December 31, 2005 before Phase II of the woodstove change out program begins. The process requires a public hearing, which would be coordinated between Lincoln County and the City of Libby in order to facilitate the process. The Council agreed to move forward on creating a joint ordinance with the County and participate in a joint public hearing process.

COMMITTEE REPORTS

There were no committee reports offered at the meeting.

Ms. Leckrone moved to pay the claims as presented.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

HEAR THE PUBLIC

There were no comments from the public.

The meeting was adjourned at 10:22 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

December 5, 2005 | Regular Meeting

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THE 1250th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON DECEMBER 5, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:06 p.m. and led the Pledge of Allegiance.  Roll was called.  Council members Huntsberger, Bothman, Leckrone, Crismore, McElmurry and Roll, Supervisor of City Services Dan Thede, City Attorney Charles Evans and City Clerk Chris Erickson were present.

Ms. Leckrone moved to accept the minutes from the November 7, 2005 regular meeting with two changes.
Mr. Roll seconded the motion.
Motion carried. Crismore voted nay.

Mayor Berget presented the Oath of Office to the new police officer Dave Knopf. He was welcomed by the City Council.

Mr. McElmurry moved to accept Resolution No. 1653 Extending The Boundaries Of The City Of Libby To Embrace, Include And Annex Creek View Estates.
Ms. Leckrone seconded the motion.
Motion carried.

Mayor Berget presented the first reading for Ordinance No. 1654 Revising the Existing County Air Quality Ordinance. Kendra Lind from Lincoln County Environmental Health Department gave an overview of the changes proposed and answered questions. The two main issues were the types of burning units that would be allowed and the change to the open burning dates. December 14, 2005 is the scheduled public hearing on the revisions.

Mr. McElmurry moved to accept Resolution No. 1655 Approving the Annexation of Property Located in Lot 8 in the SE1/4 of Section 33, T 31 N, R 31 W, M.P.M. (Wastewater Treatment Plant).
Ms. Leckrone seconded the motion.
Motion carried.

Ms. Leckrone moved to accept Resolution No. 1656 Approving the Annexation of City Property Located in Sections 3 and 4, T 30 N, R 31 W, M.P.M. (City of Libby Gravel Pit).
Mr. Roll questioned the amount of quorum votes to pass motions. As stated in the charter rules, a quorum consists of four council members. The affirmative vote of four Council members is necessary to pass any motion. The Mayor can decide all tie votes.
Mr. Bothman seconded the motion.
Motion carried by roll call vote: Bothman-aye, Crismore-nay, Huntsberger-nay, Leckrone-aye, McElmurry-nay, Roll-aye, Mayor Berget-aye.

Mayor Berget presented the first reading for Ordinance No. 1657 Creating a City Planning Board.

UNFINISHED BUSINESS

Eileen Carney, representative for the Kootenai Pets for Life, presented the City Council with a sketch of the area at the city property near the existing animal shelter on Pipe Creek Rd. outlining where she thought would be the best place to construct a facility. The Council requested Ms. Carney to meet with Mr. Crismore and Mr. McElmurry at the property and bring a more detailed proposal back to the Council.

Debbie Munro, Munro Investments, came before the City Council requesting approval of an application for tax exemption through the Department of Revenue on the new commercial building they constructed on Highway 2 in Libby. Munro Investments would benefit by tax increment exemptions over a period of several years. Bill Bischoff, Lincoln County Administrator, will come before the City Council at the January 9, 2006 regular meeting to further explain the process to the City Council. This issue will be tabled until that meeting.

Chris Noble, Noble Excavating, presented the City Council with a map that included possible easements and utility extensions at the LP Mill Site property. He wanted to get the City’s approval for the easements before he could decide which way to go with the project. The City is still not sure what impact the current growth proposals will have on the existing utility systems. Charles Evans advised the Council that Ken Peterson, Planning Director for Lincoln County, suggested that the City Council not approve any more growth proposals or annexations until the growth policy is enacted for city services. Future expansions of the systems may be in order. The Council will study the current growth plan and advise Mr. Noble of their decision at a later date.

NEW BUSINESS

Ryan Jones, Schwartz Engineering, gave a brief presentation introducing the firm to the City Council.

The off premise liquor license application for the Town Pump dba Major Brands Distributing was discussed. No action was needed.

The new board members for the Shade Tree Committee were discussed. Several new members reside outside the city limits. The current ordinance does not allow members to reside out of the city limits.

Mr. Crismore moved to create a new ordinance for the Shade Tree Committee to allow members to reside inside and outside the city limits.
Ms. Leckrone seconded the motion.
Motion carried.

Ms. Leckrone moved to approve the 2006 City of Libby Liquor License renewals.
Mr. Roll seconded the motion.
Motion carried.

Mr. Crismore questioned the necessity of taping the council meetings. This issue was tabled until the January 9, 2006 regular meeting.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the concrete slab was in at River Front Park. He would like to have the grass area extended and the parking area made smaller.

CITY/COUNTY LIAISON  – Mr. Crismore spoke with Ron Anderson regarding the Kootenai Pets for Life issue.

FIRE  – None.

BUILDING/INDUSTRIAL PARK  – Ms. Leckrone reported on leak at the Old City Hall building. EPA is due in the building in the spring for asbestos cleanup.

INSURANCE  – None.

PERSONNEL  – Ms. Leckrone reported the hiring of the new officer Dave Knopf. She also mentioned the need for the changes to the two areas of the personnel manual.

POLICE  – Chief Clay Coker gave the monthly report, which included the snow removal ordinance towing problems and the alcohol compliance check that was conducted.

RESOLUTION/ORDINANCE  – Mr. Crismore requested to be removed from the Libby Revitalization Ordinance committee, as he cannot make the early meeting time.

WATER – None.

SEWER/LIGHTS  – Mr. Huntsberger discussed the lagoons at the Kootenai Industrial Park. He stated the land needed to be separated from the lagoons in order for the city to be able to get them tested for compliance.

STREETS/ALLEYS  – Mr. Roll reported that the city crews have been busy plowing, patching potholes and cleaning debris from the streets.

SIDEWALKS/CURBS  – Lee Bothman said the unclaimed sections of sidewalk (the inability to identify the property owners) needed to be addressed for snow removal from the sidewalks.

BUDGET/FINANCE  – None.

JUDICIAL  – Judge Lucille Briggs is concerned with regards to the state prosecutor mandate.

UNION NEGOTIATIONS  – None.

RC & D  – Mr. Crismore requested to be removed from the committee.

KRDC  – Mayor Berget reported they are looking for two new board members.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – Doug Roll discovered the Board of Adjustments can act as a zoning board also.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mr. Roll moved to pay the claims as presented.

Ms. Leckrone seconded the motion.

Motion carried.

HEAR THE PUBLIC

D. C. Orr commented regarding ethics of the City Council.

The meeting was adjourned at 9:04 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk