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2007 Minutes

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January 8, 2007 | Regular Meeting

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THE 1263rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON
JANUARY 8, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, and McElmurry, City Attorney Charles Evans (7:10), Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present. Council member Roll was absent.

Pastor Trent Oelberg offered prayer.

Mr. McElmurry moved to accept the corrected minutes of the August 7, 2006 regular meeting and the minutes of the December 4, 2006 public hearing and regular meeting and the minutes of the December 12 and 18, 2006 special meetings as presented.
The minutes of the December 27, 2006 special meeting were not approved pending clarification from Mr. Evans.
Mr. Bischoff seconded the motion.
Motion carried.

Resolution No. 1675 Amending Resolution No. 1667 to Readjust Commercial User Base Rates for City’s Water System. City Clerk Chris Erickson was asked to clarify the reason for the adjustment. As she stated, the base rate for commercial city and county users had been incorrect for years. The utility billing clerk discovered it and the adjustment was made to become effective January 1, 2007. Some commercial users would notice a decrease and some would notice an increase.

Mr. McElmurry moved to accept Resolution No. 1675 as presented.
Mr. Bothman seconded the motion.
Motion carried.

OLD BUSINESS

None.

NEW BUSINESS

The Igniters Car Club submitted a request for closure of Mineral Avenue for the annual Ignite the Nights car show on August 17, 2007 from 5 p.m. until 10 p.m. and on August 18, 2007 from 7 a.m. until 5 p.m.

Ms. Leckrone moved to accept the request.
Mr. Crismore seconded the motion.
Motion carried.

Kootenai Valley Christian School, in reviewing their tax statements, realized the area that has been the playground for a number of years was actually still part of Washington Avenue on the tax rolls. That portion of the street had never been abandoned by the city. In order for them to get accurate legal descriptions, they requested that the city abandon the playground area. The Street Committee will review the issue and bring a decision to the February regular meeting.

Libby Revitalization, Inc./Libby Main Street Program representative Trent Oelberg came before the council to revisit the Streetscape Plan for downtown Libby. He handed out a timeline of events that have occurred since the inception of the Streetscape Plan. Mr. Oelberg felt the project had lost momentum since the decision was made to find an engineering firm. He asked the city council to step up and get the contract signed to move forward on the plan. He also asked the city to provide additional funding to Libby Revitalization, Inc. for the year 2007. Mayor Berget stated the intended approach was to have another meeting with the downtown property owners for a better handle on the interest. As he stated, if the project doesn’t have the support of the property owners, the city will not pay an engineering firm $92,000 to begin the project. It was agreed to schedule another public meeting, which will be held on Monday, January 29, 2006 at 6 p.m. at the First National Bank meeting room. Notices to property owners will be mailed in time for them to make plans to attend.

The council will consider their request for additional funding for the year 2007.

Libby Revitalization, Inc. has now become known as the Libby Main Street Program. The city will draft a resolution to make a formal name change and disband the LRI affiliation.

COUNCIL ACTION/DISCUSSION

Three additional 2007 liquor license renewal applications were presented.

Ms. Leckrone moved to accept the liquor license applications for 2007.
Mr. Bothman seconded the motion.
Motion carried.

Kootenai Surveyors presented an amended plat in Johnston Acres belonging to Mike and Kris Helburg, which would create two separate lots from one existing lot.

Mr. Bischoff moved to accept the amended plat.
Mr. Bothman seconded the motion.
Motion carried.

COMMITTEE REPORTS

CEMETERY/PARKS  – Ms. Leckrone reported all looks good. Several tons of rip-rap were placed at the Riverfront Park to protect the erosion of the bank.

CITY/COUNTY LIAISON  – None.

FIRE  – None.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – The debt to MMIA for insurance fees was paid in full early due to the wide participation of numerous cities and towns.

PERSONNEL  – None.

POLICE  – Chief Coker presented the monthly report.

RESOLUTIONS/ORDINANCES  – Mr. Crismore addressed the parking ordinance. He would like to have a grace period over the holidays, as there are a lot of out of town visitors at residences who have no other place to park except on the street. Mayor Berget asked Mr. Crismore to come back with a recommendation.

WATER  – Mr. Bothman reported the water department had problems with a furnace.

SEWER/LIGHTS  – None.

SIDEWALKS/CURBS  – Mr. Bothman reported the committee revised Ordinance No. 12.24 that refers to obstructing streets and sidewalks. The fine for noncompliance was previously set at $500 per occurrence. The committee changed the amount to $50. Mayor Berget asked Mr. Bothman to address the change at the annual city council retreat.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

Mr. McElmurry moved to pay the claims as presented.
Mr. Bischoff seconded the motion.
Motion carried.

City Attorney Evans made the necessary clarification to the minutes of the December 27, 2006 special meeting.

Mr. Crismore moved to accept the minutes as presented.
Mr. McElmurry seconded the motion.
Motion carried.

HEAR THE PUBLIC

Jim Rostorfer spoke regarding his concern that the city was not noticing the meetings properly. He was encouraged to contact city hall for information on any upcoming agendas.

The meeting was adjourned at 7:57 p.m.

                                                                                  

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

February 5, 2007 | Regular Meeting

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THE 1264th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 5, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, McElmurry, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present.

Pastor Glen Gleaves offered prayer.

Ms. Leckrone moved to accept the minutes of the January 8, 2007 regular meeting as presented.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

Resolution No. 1676 Approving the Annexation of Property Located in the S1/2NW1/4 and N1/2SW1/4 of Section 15, T 31 N, R 31 W, M.P.M (Cabinet Heights new nine hole course) was read by Mayor Berget. The owner of the property, Cabinet View Country Club, Inc. had filed a petition for annexation, which required acceptance by the council.

Mr. Crismore moved to accept the petition filed by the Cabinet View Country Club, Inc. requesting annexation.
Mr. Bothman seconded the motion.
Motion carried unanimously.

Mr. Roll moved to accept Resolution No. 1676 as presented.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

OLD BUSINESS

Kootenai Valley Christian School had requested abandonment of a strip of property owned by the city that had been used as part of the school’s playground for years. The request had been submitted to the Street Committee for recommendation. Mr. Roll said the parcel was basically land locked as the initial street had been shut off from traffic at both ends. He stated after consideration and viewing the parcel it would be appropriate to abandon the property. City Attorney Charles Evans will draw up the necessary documents with the legal description and petition for abandonment.

NEW BUSINESS

Voting requirements of the city council was discussed in length. The wording in question was Part III, Section 4 of the Council Rules of Procedure which states “A quorum shall consist of four council members. The affirmative vote of four council members shall be necessary to adopt or reject any motion, resolution or ordinance or pass any measure unless a greater number is required by statute”. City Attorney Charles Evans reworded the section to read, “A quorum shall consist of four council members. The affirmative vote of three council members shall be necessary to adopt or reject any motion, resolution or ordinance or pass any measure unless a greater number is required by statute”. The wording was still confusing to some of the council members and they requested further clarification. Mr. Evans will confer with the council and reach an acceptable revision of the section.

As the next issue involved a relative of Mayor Berget, he excused himself from the discussion.

Commissioner Rita Windom presented a new concept for an economic vision for the City of Libby. As she explained this concept is not for infrastructure but for the future image of Libby. The concept would be “Libby – City of Eagles” and would be created as a trademark by a local private party. Once the trademark is in place, no other community or organization can use the title reference. As Commissioner Windom explained, the community has embraced the idea of displaying eagles throughout the downtown and through all corridors leading into the city. The Libby Chamber of Commerce has created a “Libby – City of Eagle Fund” for donations to sponsor production of the phenomenal eagles sculpted by Todd Berget. Many of the business either have or plan to incorporated eagles within the murals on their buildings. She asked for the city council’s endorsement of support. The City of Libby would have no fiscal responsibility whatsoever for the project.

Mr. Roll moved to endorse “Libby – City of Eagles” as a trademark and move forward on the project.
Mr. McElmurry seconded the motion.
Motion carried. Mr. Crismore abstained.

COUNCIL ACTION/DISCUSSION

The last 2007 liquor license renewal application for the Elks Club was presented.

Mr. Roll moved to accept the liquor license application for 2007.
Mr. Bothman seconded the motion.
Motion carried unanimously.

Mayor Berget announced the Lincoln County Airport Board has an opening.

The Libby City Council retreat date was discussed. The date was set for Saturday, February 24, 2007 from 9 a.m. until 3 p.m. to be held at the Venture Inn. The retreat is open to the public.

CAG requested participation from the city council. Mr. McElmurry is currently assigned to serve. He requested a telephone reminder before the meetings and would attend.

Eureka City Council meets on Monday, February 12, 2007 at 7 p.m. Members of the Libby City Council plan to attend.

The Tri-City/Lincoln County Commissioners Retreat was scheduled for Tuesday, March 20, 2007 at 7 p.m. to be held at the Libby Dam.

COMMITTEE REPORTS

CEMETERY/PARKS – None.

CITY/COUNTY LIAISON – None.

FIRE – Fire Chief Tom Wood presented the fire report. He discussed the concerns raised from the last three fires. The homes involved were full of vermiculite, which created huge health questions for the firemen and local authorities. There will be a task force created to discuss how to handle the protection of firefighters, where to clean up after the fire, what to do with the site, etc. EPA will be involved and may provide equipment and a clean up station to be used.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – None.

PERSONNEL  – None.

POLICE  – Chief Coker presented the monthly report.

RESOLUTIONS/ORDINANCES  – None.

WATER  – Mr. McElmurry reported a huge leak at the Port Authority property on this date.

SEWER/LIGHTS  – None.

SIDEWALKS/CURBS  – None.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

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

HEAR THE PUBLIC

Jim Rostorfer, P.O. Box 278, Libby, MT spoke regarding his concern regarding the Cabinet Heights annexation.

D. C. Orr, 1117 Nevada, Libby, MT expressed his concerns that the city council does not understand the processes and laws of handling issues.

The meeting was adjourned at 8:28 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

CITY OF LIBBY

                                                                                   

                                                                                   

 

CITY COUNCIL ANNUAL RETREAT VENTURE INN CABINET ROOM FEBRUARY 24, 2007 – 9:00 A.M.

 The following items were discussed at the City Council Retreat held on the above date. No decisions were made as the meeting was strictly informational.

Mayor Berget welcomed the City Council members and staff. In attendance were Council Members Bothman, Bischoff, Crismore, Roll, McElmurry, and Leckrone. Also present were Lincoln County Commissioner Rita Windom, Street/Water Distribution Supervisor Corky Pape, City Services Supervisor Dan Thede, and City Clerk/Treasurer Chris Erickson.

The following subjects were discussed:

Ø                   The Mayor gave an overview of the recent Mayor’s Forum held in Helena on February 22nd and 23rd. Highlights were: issues related to lawsuits; the role of the city attorney is to represent the community, not the council or mayor individually; specifically private phone calls or meetings regarding impending subdivisions must be made public at the first opportunity; opinions from the city attorney, attorney general, MMIA and MTLC&T are law until they are challenged in a court of law; conduct at city council meetings including rules of parliamentary procedure; and allowing public comment and participation prior to the beginning of the meeting instead of at the end.

Ø                  The impending retirement of Dan Thede was discussed. A job description was reviewed. Mayor Berget asked Mr. Thede to complete a procedure manual that outlines the responsibilities of his position. The manual should also include a timeline of events of projects, what reports are required throughout the year, procedures of grant administration, etc.

Ø                  A meeting in Billings on March 11th regarding special road funds for state highways.

Ø                  The annual Tri-city/County Commissioner meeting is scheduled for Tuesday, March 20 at the Libby Dam.

Ø                  The Kootenai Industrial Park District contract with the city for use of the license for testing of the sewer ponds.

 

The Libby Main Street board requested $15,000 funding for the next year. This request was put to committee for a recommendation. They also asked the council to encourage the Scott Family in the purchase of the old high school building.

$8 Million Fund – It was thought that the contract stated the grants and loans had to be reviewed periodically for balances and payment requirements. A recap page will be attached to the YTD recap for clarification of all loans and grants outstanding. Libby Woodworks was mentioned.

Revision of the fee schedule for the city was discussed. Review of fees for cemetery, parks, business licenses and Ponderosa Room was given to the Budget & Finance Committee for review and revision.

Fireman’s Park was discussed. it was suggested due to the loss of revenue it would be better to present it as a day use only with no overnight camping. The weed problem in the cemetery was discussed. It was suggested to contract with the County Weed Board. Also, there is a co-op grant through the weed board that could be applied for. The Cemetery/Park Committee will look into these issues.

The roof on the city hall building needs to be replaced. The condition of the entire building will be compromised if the roof isn’t repaired prior to the next winter season. The Building Committee will get estimates for fiscal budget 2007-08.

The Riverfront Park lack of design was discussed. The Tree Committee backed out of the project. The following suggestions were offered: Forest service could possibly provide a plan, Ken Peterson may assist, FW&P has grants, Libby Parks District needs a project and the city could apply for a grant with matching funds, and FNB had committed to assisting. The Cemetery/Park Committee will research and define a plan.

The Demo Derby requested assistance at the Kiwanis Park with water for their event this year.

Police officer requirements were discussed as were background check criteria.

Subdivision regulations were addressed. Doug Roll will meet with the planning board. The regulations cannot be amended until the growth policy is in place. Some jurisdictions have adopted a preliminary policy and made amendments to the policy as needed. Uniform codes were discussed. When a developer is utilized, a contract must be in place. The one year window of responsibility begins upon final inspection and approval of the project.

The Council Rules of Procedure were presented by the Montana Local Government Review and are only an addition to the Charter. The city’s Personnel Policy has been adopted and was approved by MMIA.

The water and sewer rates were discussed. It was decided that a rate study needed to be completed. The clerk will contact Harry Waylund at MT Rural Water and Anna Miller and DNRC for direction.

The sewer lagoons at the Kootenai Business Industrial Park were addressed. DNRC has deemed the area to be wetlands. Until that designation changes, it is not feasible for the city to take on the ponds.

Meeting was adjourned at 2:45 p.m.

                                                           

Chris A. Erickson, City Clerk

March 5, 2007 | Regular Meeting

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THE 1265th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 5, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, McElmurry, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present.

Pastor Darwin Scofield of the Libby Baptist Church offered prayer.

Mr. Roll moved to accept the minutes of the January 5, 2007 regular meeting and the city council retreat of February 24, 2007 as presented.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

Resolution No. 1677 Approving the Annexation of Property Located in the NW ¼ SE ¼ of Section 4, T. 30N. R 31W, P.M., MT (Brian Wilkins’ property on Mahoney Road) was read by Mayor Berget.

Mr. Roll moved to accept Resolution No. 1677 as read.
Mr. McElmurry seconded the motion.
Motion carried unanimously.

OLD BUSINESS

NEW BUSINESS

The annual cleaning and maintenance contracts were presented for renewal. Although, it is the policy to advertise both positions for bid every three years, both contracts are renewed on an annual basis. They will both be advertised for bid again in December 2007.

Mr. Roll moved to renew the cleaning contract with Patty Thompson and the maintenance contract with Gene Wise for another year.
Ms. Leckrone seconded the motion.
Motion carried unanimously.

The Request for Qualifications for the Cabinet Heights sewer line extension project was discussed. As Dan Thede said, it is necessary to obtain an RFQ for engineering services in order to have the ability to advertise to continue with the project and to finish the final drafts. Then bids can be requested to complete the project.

Mr. Bischoff moved to solicit for an RFP for the Cabinets Heights sewer line extension project.
Mr. Crismore seconded the motion.
Motion carried unanimously.

There have been numerous requests from the public for disbursement of the balance of the $8 million fund and inquiries as to what the city is proposing to do with the balance in the account. There are various loan payments and interest payments that are coming back into the account. It was recommended by the budget and finance committee that all the monies in and returning to the fund should be held in reserve to be used in the form of loans and/or grants to the City for the purpose of assisting with funding the following projects: Cabinet Heights sewer line extension; expansion of the city’s wastewater treatment plant; and the Streetscape Plan for downtown Libby. The recommendation will be put on the next agenda for consideration.

Mayor Berget stated, from this point on, the council will make a concerted effort to run the meetings as directed by Roberts Rules of Order. The council will request to be recognized by the Chairman and not speak out during the meetings.

City Attorney Charles Evans presented an amendment to Part III, Section 4 of the Council Rules of Procedure to finally clarify the intention of the ruling. After additional discussion from the council, the wording was amended.

Ms. Leckrone moved to amend Part III, Section 4 of the Council Rules of Procedure as follows: “A quorum shall consist of four council members. Assuming that at least a quorum is present, the affirmative vote of a majority of council members present shall be necessary to adopt any motion, resolution, ordinance or other measure, unless a greater number is required by statute or unless there is a tie vote. If there is a tie vote, the Mayor shall break the tie with his vote”.
Mr. McElmurry seconded the motion.
Tom Wood commented on the wording.
Jim Rostorfer commented on the clarification.
Motion carried with a majority vote.
Mr. Roll voted nay.

COUNCIL ACTION/DISCUSSION

Mayor Berget announced the Lincoln County Airport Board has three people, Don Cox, Ron Denali and Stu Crismore expressing interest to serve on the board.

The Tri-City/Lincoln County Commissioners Retreat is scheduled for Tuesday, March 20, 2007 at 7 p.m. to be held at the Libby Dam.

The Libby Planning Board’s next meeting is scheduled for March 27th.

A road fund meeting for State highways is scheduled for May 11, 2007 in Billings, MT.

COMMITTEE REPORTS

CEMETERY/PARKS  – Ms. Leckrone said the weed situation at the cemetery was discussed at the retreat and a resolution is in the works.

CITY/COUNTY LIAISON  – Mr. Bischoff reminded the council of the upcoming meeting at the Libby Dam on March 20th.

FIRE  – Fire Chief Tom Wood presented the fire report. He said they have applied for another grant in the amount of $11,000 for a helmet mounted thermal imaging unit. They are also writing up a request for funds, which will be presented to the state Senators, to deal with the asbestos situation at fires.

BUILDING/INDUSTRIAL PARK  – Ms. Leckrone emailed the Scott Family who are interested in purchasing the old high school building. She offered her personal support for their interest in the purchase. The committee will obtain bids for a new roof for city hall for the 2007-08 budget.

INSURANCE  – None.

PERSONNEL  – None.

POLICE  – Chief Coker presented the monthly report.

RESOLUTIONS/ORDINANCES  – None.

WATER  – Mr. McElmurry reported a concern with electronic problems at the plant. Cummins is repairing the electric board.

SEWER/LIGHTS  – Mr. Bischoff said a huge list of burned out street lights was turned in to Flathead Electric.

STREETS/ALLEYS  – Mr. Roll reported the department is searching for a new end loader to purchase.

SIDEWALKS/CURBS  – Mr. Bothman said Vicki Lawrence was inquiring how to best remove stumps that remain on Spruce Street after the power company removed the trees.

BUDGET/FINANCE  – Ms. Leckrone presented several recommendations to increase the cemetery, Fireman’s Park, Ponderosa Room and business license fee schedules. These will be on the agenda for the April meeting.

JUDICIAL  – None.

UNION NEGOTIATIONS  – Mr. Bothman reported there is some conversation between the employees already regarding several issues.

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

Mr. Crismore questioned the payment to Charles Evans. He inquired as to how much the city attorney has billed the city to date for services rendered regarding his case. Mr. Crismore also asked how much more would be incurred. As Mayor Berget stated it was impossible to determine because the judge has not responded to the appeal and that possibly there would not be a cost to the city other than what Mr. Evans has billed.
Motion carried unanimously.

HEAR THE PUBLIC

D. C. Orr, 1117 Nevada, Libby, MT spoke of legal vs. moral responsibilities.

Jim Rostorfer, P.O. Box 278, Libby, MT spoke regarding the rules and procedures.

The meeting was adjourned at 8:14 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

                                                                                  

                                                                                   

THE REGULAR WEEKLY BREAKFAST MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 28, 2007 AT 7 A.M. AT HENRY’S CAFE

Mayor Berget, council members Bischoff, Bothman, Leckrone, McElmurry, and Roll,   and Supervisor of City Services Dan Thede were present. Council member Crismore was not in attendance.

Neva Dakota and Greg Patnude presented a request for sewer extension on Hamann Avenue. Discussion followed with questions regarding Hamann Avenue annexation, floodplain, clay material and the distance from the existing sewer main.

No decisions were made as this is a discussion only forum open to the public.

HEAR THE PUBLIC

Mark Larson spoke regarding the clay dirt creating problems with the sewer.

 

                                                                                    
Lee Bothman, Council Member

April 2, 2007 | Regular Meeting

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THE 1266th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 2, 2007 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 Bischoff, Bothman, Crismore, Leckrone, McElmurry, and Roll, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present. City Attorney Charles Evans was absent.

Reverend Paul Alspaw of the Libby Christian Church offered prayer.

Mr. McElmurry moved to accept the minutes of the March 5, 2007 regular meeting and the Breakfast Meeting of March 28, 2007 as presented.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

Resolution No. 1678 Accepting the Gift of Hamann Avenue from Lincoln County was read. This resolution was tabled to allow the public an opportunity to discuss and concerns.

The public was given a chance to speak about items listed on the agenda. No public asked to speak.

UNFINISHED BUSINESS

The finance committee presented a recommendation to adjust certain fees the City of Libby currently charges for rental of the Ponderosa room, cemetery opening and closings, business license fees and Fireman’s Park camping fees. City Attorney Charles Evans will incorporate the changes on a resolution.

There are currently two open volunteer positions for city representation on the Airport Board. Ron Denowh of 293 Frazie Road and John Dunham both expressed interest to serve.

Mr. Roll moved to accept the applications of Ron Denowh and John Dunham to serve on the Airport Board.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Bill Buxton of Morrison-Maierle, Inc. presented an update of the Cabinet Heights Wastewater project. As he stated, no federal funding was earmarked for the 2006 budget. Therefore, he had to reapply in 2007 for funding for this project. There will be about 3-4 months of field work to perform in the spring prior to the actual start of the project. He said the funding mechanisms are starting to fall into place and he anticipates that USDA Rural Development will come through with either a grant or loan to assist with the project.

NEW BUSINESS

Debt service for the Rural Development loan/grant proposal was discussed. The city has two options to fund the project: an income survey can be conducted for the area of the proposed project; or, the project can be funded city-wide by all rate payers. An income survey was done in the past for a previous project and had very little response. If the project is funded by the rate payers city-wide, an amount of approximately $3.26 will be added to each sewer account monthly. This would not include revenue from the TIF funds or other funding mechanisms. This process would also eliminate a variety of different fee schedules that would be needed if the income survey process were chosen. Rural Development required the city council to agree to the debt service in order to move the application forward. This action would not determine which process would be put in place. The action would only give council approval that the City of Libby is committed to satisfy the debt and move the application through the process.

Mr. Crismore moved to approve the debt service for the Rural Development loan/grant application.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

D.C. Orr, 1117 Nevada Avenue, was in favor of the project but commented on clarity of issues presented to the public.

The Libby Volunteer Fire Department applied for a grant to fund the necessary equipment needed when becoming involved with fires and rescues at homes in the area that contain asbestos.

Joyce Vogel, 645 N. Central, operator of the Family Birth Center requested a variance to conduct business from a residence at 516 Louisiana Avenue. She stated there would be only a few births monthly and four to five prenatal exams monthly. The facility is close to the hospital in case of an emergency need. The council did request that she relocate the sign in front of the building.

Ms. Leckrone moved to accept the application for variance to remain as long as this business is conducted from the location.
Mr. Roll seconded the motion.
Motion passed unanimously.

Mayor Berget asked the council to create an ad hoc committee to adopt a cell phone use policy for city employees. Currently, most departments have individual cell phones but all are on the same policy with Alltel Communications. The mayor’s cell phone is on a separate plan with unlimited nationwide calling. The other phones have a plan with limited areas and specific monthly minutes are allowed. Currently, the city pays all the bills except any roaming charges that are incurred, which are billed individually. Mr. Crismore, Mr. Bothman and Mr. Bischoff will review the request and develop a policy for council approval.

Request for Qualifications for engineering services were submitted for the Cabinet Heights Wastewater project. Three engineering firms responded. According to Dan Thede, two firms met the qualification requirements. Interviews are scheduled for Wednesday, April 11, 2007 at which time a decision will be made and the firm will be notified.

COUNCIL ACTION/DISCUSSION

Mayor Berget announced the impending resignation of City Clerk Chris Erickson. He would like to interview and hire as soon as possible to allow sufficient time for training. He would also like to insure the new city clerk can attend the institute in Billings in May. The job opening will be announced in-house and then at the job service if no interest is expressed in-house.

Union negations are being scheduled. Mr. Crismore said he does not have time to serve on the committee. Mr. Bothman, Mr. Roll and Mr. Bischoff will participate.

Senator Baucus will be in Libby on Thursday, April 5, 2007 to conduct a public meeting.

COMMITTEE REPORTS

CEMETERY/PARKS  – None.

CITY/COUNTY LIAISON  – None.

FIRE  – Mr. Roll expressed concern from the Lincoln County Rural Fire. Since annexation occurred in Cabinet Heights, some of their funding has been cut. Libby Volunteer Fire Department proposed to contract with them for use of one of the tenders for an amount of $2100 annually to be paid quarterly. The calculation is the number of homes affected which is 60 multiplied by the amount of revenue lost which was $35 per residence per year. City Attorney Charles Evans will prepare a contract.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – None.

PERSONNEL  – None.

POLICE  – Mayor Berget read the monthly report.

RESOLUTIONS/ORDINANCES  – None.

WATER  – None.

SEWER/LIGHTS  – None.

STREETS/ALLEYS  – None.

SIDEWALKS/CURBS  – None.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

UNION NEGOTIATIONS  – None.

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

HEAR THE PUBLIC

None expressed interest.

The meeting was adjourned at 8:36 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

                                                                                   

                                                                                   

SPECIAL MEETING OF LIBBY CITY COUNCIL COUNCIL CHAMBERS-CITY HALL APRIL 11, 2007 – 6 P.M.

Present:  Mayor Tony Berget, Bill Bischoff, Doug Roll, Lee Bothman, Walt McElmurry, Stuart Crismore, Charlene Leckrone (midpoint) and Supervisor of City Services Dan Thede.  Public: Peggy Williams.

The meeting was to interview engineering firms bidding on the Cabinet Heights Wastewater project. 

 Presentations were made by APEC Inc. represented by Ryan Jones at 6pm, followed by Morrison- Maierle at 7pm. 

 Respectfully submitted,

                                                        

Peggy Williams, Guest

                                                                                   

                                                                                   

SPECIAL MEETING COUNCIL CHAMBERS-CITY HALL APRIL 16, 2007 – 7 P.M.

Mayor Berget called the special meeting to order at 7:05 p.m. Roll was called. Council members Bothman, Crismore, Bischoff, Leckrone, McElmurry, Roll, City Attorney Charles Evans, City Services Supervisor Dan Thede and Deputy City Clerk Tanya Gehrke were present.

Mayor Berget read Resolution No. 1678 approving the receipt by gift of Hamann Avenue.

Mr. McElmurry moved to accept Resolution No. 1678 as read.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

UNFINISHED BUSINESS

Mr. Roll made a motion to accept APEC Engineering’s proposal for the Cabinet Heights Wastewater Project.
Mr. McElmurry seconded the motion.
Several concerns were brought up. APEC Engineering has only a part time grant writer and a project of this size could take 60 to 100 hours of grant writing. Also mentioned was the fact that Morrison-Maierle has already done most of the planning so far.
Ms. Leckrone asked to be excused from voting because she was unable to attend the original meeting with APEC Engineering and Morrison-Maierle.
Motion failed with the following votes: Mr. Roll-aye, Mr. McElmurry-aye, Mr. Bothman-nay, Mr. Crismore-nay, Mr. Bischoff-nay and Ms. Leckrone-abstain.

Mr. Crismore moved to accept the proposal from Morrison-Maierle for the Cabinet Heights Wastewater Project.
Mr. Bothman seconded the motion.
Motion passed with the following votes: Mr. Roll-nay, Mr. McElmurry-nay, Mr.  Bothman-aye, Mr. Crismore-aye, Mr. Bischoff-aye and Ms. Leckrone-abstain.

The discussion with the Downtown Streetscape committee was moved to a working committee to be held following this meeting.

NEW BUSINESS

The curb and gutter installation issue at 210 W. Balsam was discussed. Many questions arose mostly pertaining to the impact that this would have on neighboring property where there are no curbs and no storm drains. It was brought up to have Dan Thede look into this and whether it should be allowed and whether it will have a negative impact on neighboring property.  It was then tabled to the Street committee.

HEAR THE PUBLIC:

Meeting was adjourned at 7:40 p.m.

______________________________

Anthony J. Berget, Mayor

Tanya R. Gehrke, Deputy City Clerk

                                                                                   

                                                                                   

THE REGULAR WEEKLY BREAKFAST MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 18, 2007 AT 7 A.M. AT VENTURE MOTOR INN

Present were Bill Bischoff, Doug Roll, Lee Bothman, Charlene Leckrone,

Mayor Tony Berget and Supervisor of City Services Dan Thede. Absent were Stu Crismore and Walt McElmurry. Guest: Peggy Williams.

A wide range of discussion covered items of interest to the City of Libby and the council.  Items discussed included, but not limited to were the school board meeting regarding the Historic High School,  Northwest Power Planning council meeting downstairs, failure of Charles Vincent House Bill to refund LAMP, Montana as a safe (or not) state in which to live.

Meeting was discussion only, no decisions were made.

Respectfully submitted,

                                                        

Peggy Williams, Guest

May 7, 2007 | Regular Meeting

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THE 1267th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MAY 7, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, McElmurry, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and Deputy City Clerk Tanya Gehrke were present. City Clerk Chris Erickson was absent.

Pastor Les Nelson of the Christ Lutheran Libby Church offered prayer.

Mr. McElmurry moved to accept the minutes of the April 2, 2007 regular meeting, March 20, 2007 Libby Dam Retreat, April 4, 2007 and April 18, 2007 Breakfast Meetings; and April 11 and April 16, 2007 special meetings as presented.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

Resolution No. 1679 Approving Fee Increases was read by Mayor Berget.

Ms. Leckrone made a motion to accept Resolution No. 1679.
Mr. Roll seconded the motion.
Motion passed unanimously.

Mayor Berget read Resolution No. 1680 urging the United States Congress to amend the Satellite Home Viewers Extension and Reauthorization Act of 2004 (SHVERA) to provide certain subscribers the option of receiving broadcast television signals from their state of residence. Jay Goley and Duane Williams both spoke in favor of the Resolution.

Mr. Roll made a motion to accept Resolution No. 1680.
Mr. Crismore seconded the motion.
Motion passed unanimously.

The public was given a chance to speak about items listed on the agenda. No public asked to speak.

UNFINISHED BUSINESS

The cell phone policy was discussed. It was agreed that the City would pay 50% of the Mayors cell phone bill. The other department’s bills are very minimal.  City Attorney Charles Evans said he will prepare a resolution.

Bill Buxton with Morrison-Maierle, Inc. spoke about the Cabinet Heights Wastewater project. He said that they have been working closely with Rural Development and that the City will be sent a contract to review next week. He said that there are planning grants available and Water & Sewer HB512 authorizes TSEP to spend the money. Morrison-Maierle, Inc. will be providing monthly updates on the Cabinet Heights Wastewater project.

NEW BUSINESS

Dale and Marlene Herreid spoke regarding abandonment of a dead end alley in Block 1 of Hennessey Addition. The street committee will review this and if it is granted the City will prepare an Ordinance.

Mr. Roll made a motion to start the process.
Mr. Bothman seconded the motion.
Motion passed unanimously.

Penny Kyes with Libby Volunteer Ambulance addressed the Council regarding the construction of the new Ambulance facility at 307 Montana Avenue.  Jim Regh will be doing the construction work. Penny asked for the fees to be waived for the building permit and also the water tapping fee and sewer connection fee. The costs were approximately $6,500.00 for the building permit and $3,900.00 for water and sewer hookup fees.

Mr. Roll said that the Plant Investment Policy does not address a fee schedule for volunteer services and he asked City Attorney Charles Evans to look into the policy.

Mr. Crismore made a motion for the building permit and water and sewer fees to be waived.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

Tree City USA planted about 20 trees on Arbor Day. Mayor Berget mentioned that there are pieces of an old curb that needed to be removed on Spruce Street and Highway 2.

Neva Dakota of 25 Hamann Avenue is requesting her property to be annexed into the City limits.

Mr. Crismore made a motion to annex the property at 25 Hamann Avenue into the City limits.
Mr. Roll seconded the motion.
Motion passed unanimously.

City Attorney Charles Evans will prepare a Resolution.

Open enrollment with Montana Municipal Insurance Authority will be in June. Mayor Berget said Union negotiations begin on May 15, 2007 and that there should not be a decision made until after that date.  This was tabled and will be addressed at the Special Council meeting to be held on May 21, 2007.

COMMITTEE REPORTS

Ms. Leckrone reported that the next Operating and Maintenance meeting is Wednesday May 9, 2007 and that the cleanup in the City of Troy began in April.

Mr. Roll asked Fire Chief Tom Wood for a monthly report. The LVFD had 3 calls in the City and 2 in rural areas last month. LVFD has been awarded a Federal grant in the amount of $5,000.00 and Flathead Electric has donated $1,500.00 for special smoke detectors. The smoke detectors will benefit the blind, hearing impaired and young children.

Mr. Crismore reported that the property at 516 Louisiana which was granted a variance on the condition that their sign be moved has not moved their sign away from the curb.

In Mr. Coker’s absence, Mr. Crismore gave a brief police report.  Colin Barnett has resigned his position and presently the department has 13 applications.  Testing will begin later this month. The Police committee is down to 1 person so there needs to be 2 more people appointed to fill the vacancies.

Montana League of Cities and Towns Institute is May 6-11, 2007 in Billings.  Current City Treasurer Chris Erickson, new City Treasurer Glena Young, Mayor Berget, and Councilmen Mr. Roll and Mr. Bothman will be attending.

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

HEAR THE PUBLIC

Tom Wood wanted to clarify that George Wood is still the Chairman of the board for the Airport Board.

The meeting was adjourned at 8:25 p.m.

                                                                                   

Anthony J. Berget, Mayor

Tanya R. Gehrke, Deputy City Clerk

                                                                                   

                                                                                   

 

SPECIAL MEETING COUNCIL CHAMBERS-CITY HALL MAY 21, 2007 – 6 P.M.

Mayor Berget called the special meeting to order at 6:01 p.m. Roll was called. Council members Bothman, Bischoff, Leckrone, McElmurry, Roll, City Attorney Charles Evans (7:00 p.m.), City Services Supervisor Dan Thede and City Clerk Chris Erickson were present. Council member Crismore was absent.

Mayor Berget read Resolution No. 1681 Approving Annexation of Property on Hamann Avenue. The planning board recommended approval of the annexation.

Mr. McElmurry moved to accept Resolution No. 1681 as read.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

UNFINISHED BUSINESS

Montana Municipal Insurance Authority (MMIA) conducted open enrollment for the employee health benefit plans through Blue Cross Blue Shield for FY07. In the past, the city chose one plan for all employees. This year MMIA is offering individualized selection of plans that would best suit each employees needs. The insurance committee recommended that the city allow the employees to choose their individual plan. The city would still contribute $425 per month per employee to be applied to insurance premiums regardless of which plan they were to choose.

Mr. Bischoff moved to approve the individualized insurance plan through MMIA for FY07 and continue the $425 contribution to each employee per month for premiums.
Mr. Roll seconded the motion.
Motion carried unanimously.

WGM Engineers were present to discuss the Downtown Streetscape plan. Mayor Berget suggested that the group meet informally after the special council meeting with Libby Revitalization, Inc. present and then reconvene with the council.

Doug Roll presented a request from the Lincoln County Rural Fire District. They are asking for an agreement for the City to pay half the tender costs for the Cabinet Heights area. They feel since the area has been annexed and they no longer receive a portion of the taxes, they are losing money and would like assistance. Mr. Roll said it would cost the city about $2,500 per year. The city will ask Charles Evans to draw up a contract and negotiate a price with Rural Fire.

Charlene Leckrone, Council President, 1305 Renwood Dr., asked to be acknowledged as a member of the public to discuss the Frisbee golf course erected behind her house. She voiced concern regarding the lack of visibility throughout the course. There is a lot of bicycle and walking activity along the paths that are now also used for the golf course. She thought there should have been some type of meeting set up for the residents of the area to voice concerns and become informed along with the city council as the property is owned by the city. Mayor Berget suggested getting a hold of Keith Iverson and set up a meeting.

Meeting was adjourned at 6:23.

An open discussion was held with WGM Engineers, Libby Revitalization and the city council to discuss the Downtown Streetscape Plan. Mayor Berget explained to the group that due to the expense of the impending Cabinet Heights Wastewater Project, city funds are limited for the upcoming years. Although he strongly felt the project was very important, the project would need to be scaled back. After meeting with the council, they agreed that the downtown merchants wanted to focus on sidewalks, lighting, and greenery with some angled parking. They were concerned with a theme for downtown but when the “City of Eagles” trademark was introduced, they all voiced support. It was agreed that the cost of the project would be more realistic at about $2.5 million to $3 million. WGM was in agreement that a great deal could be accomplished with a lesser budget, but it would entail a change of the scope of work, a revised feasibility study and a new fee schedule. As soon as an update is received from WGM and their services are retained, another downtown merchant meeting would be scheduled. WGM requested access to the CAD maps from the city which would aid in the revision.

The discussion regarding the streetscape plan ended at 7:00 p.m. The special meeting was reconvened at 7:08 p.m.

 NEW BUSINESS

Mayor Berget excused himself from the discussion regarding the “City of Eagles” trademark as his brother Todd Berget is the sculptor/designer for the project. LRI, Bill Bischoff, Doug Roll, Lee Bothman and Todd Berget had met earlier to discuss the new, exciting project. Schematics were shared that included an archway with an eagle over Mineral Avenue several feet from the intersection. Rita Windom stated the name “City of Eagles” had never been trademarked although a town in Arkansas uses the name on hats and shirts. They were actively seeking donations to fund the project which has a total cost of about $16,000 to $27,000 depending on the cost of steel posts. The cost of the posts would be over and above that estimate. The group plans to have the project completed and displayed by July 4, 2007.

 HEAR THE PUBLIC: No more public asked to be heard.

Meeting was adjourned at 7:21 p.m.

______________________________

Anthony J. Berget, Mayor

Tanya R. Gehrke, Deputy City Clerk

June 4, 2007 | Regular Meeting

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THE 1268th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 4, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Council President Charlene Leckrone called the regular meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Crismore, Leckrone, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present. Mayor Berget and Council Members Bothman and McElmurry were absent.

Pastor Robert Mast of the Libby Amish Church offered prayer.

Mr. Roll moved to accept the minutes of the May 7, 2007 regular meeting; the May 2, 2007 Breakfast Meetings; and the May 11, 2007 special meetings as presented.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

Resolution No. 1682 Adjusting the Base Minimum Gallon Usage for the City’s Water System for Summer Months for Residential and Commercial Consumers was read by Council President Leckrone.

Mr. Roll made a motion to accept Resolution No. 1682 as read.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Council President Leckrone read Resolution No. 1683 in Support of Mining Operations Conducted Pursuant to State and Federal Environment Standards.

Mr. Crismore made a motion to accept Resolution No. 1683 as presented.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

Bruce Vincent spoke in regards to the resolution. The original resolution he had submitted to the county was a joint resolution requiring signatures from all local entities and Lincoln County officials. He wanted to post the resolution in the local paper showing support for mining from all entities. President Leckrone assured Mr. Vincent that, although the city had passed its own formal resolution, Mayor Berget could still sign the joint resolution passed by Lincoln County.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

Bill Buxton of Morrison-Maierle Engineering presented an update of the Cabinet Heights Wastewater Project. He spoke to Judy Broadwater of Rural Development who had no new information on the status of the loan/grant request.

Dale and Marlene Herreid had submitted a request for the city to abandon an alley. City Attorney Evans informed the council that this must be noticed properly with a public hearing scheduled. A resolution must then be passed. This issue was tabled until a date is set for the hearing.

City Attorney Evans drafted an agreement between the City of Libby Volunteer Fire Department (LVFD) and the Lincoln County Rural Fire (LCRF) in regards to a fee requested to reimburse the Lincoln County Rural Fire for use of tenders in the Cabinet Heights area should the need arise. Mr. Roll commented that the amount of $2100 annually was incorrect. The amount should have been $2500 and this is only a preliminary figure. He wanted a draft to present to the LVFD and the LCRF so they could negotiate a fair cost. He will present the draft and bring back a recommendation at the next regular council meeting.

NEW BUSINESS

Pam Peppinger of Libby Logger Days requested specific street closures during their festivities from June 21, 2007 through June 23, 2007.

Mr. Crismore made a motion to grant the request as presented.
Mr. Roll seconded the motion.
Motion carried unanimously.

Millwork West had submitted a preliminary subdivision request. They sold off the planer part of the business and wanted to include a portion of property with the sale. This is only informational and a formal request will be submitted later. City Attorney Evans reminded the city council that the city has not yet developed a process to approve subdivisions. This must be pursuant to review of regulations from the county.   Dan Thede stated that he was responsible for administration of subdivision approval.

Trent Oelberg of Libby Revitalization/Libby Main Street presented a budget request for fiscal year 2008 and a formal request for a donation from the city of $5,000 to assist with the City of Eagle project. The budget request for LRI will be included in the budget process and no decision will be made at this meeting. The eagle project is in need of steel posts to erect the sculpture on Mineral Avenue at a probable cost from $3500 to $6500. If new posts are purchased, Montana Machine offered them at their cost. TLC Engineering is donating engineering services. Mr. Crismore asked that no decision be made on this now, as he was not present for the previous discussion at the May 21st meeting and is unaware of a request for donation. The group would like the sculpture to be erected by July 4, 2007 and would like to move forward.

Mr. Roll made a motion to approve the donation request of $5,000 to assist with the City of Eagle project.
D. C. Orr, 1117 Nevada, made a comment regarding proper notification to the public regarding city council intentions verses decisions made.
Mr. Roll disputed the statement.
Commissioner Windom stated that support of the concept was made at the June 11, 2007 meeting not a request for donation.
Mr. Bischoff seconded the motion.
Motion carried. Mr. Crismore voted nay.

COUNCIL ACTION/DISCUSSION

Tanya Gehrke, Utility Billing Clerk, submitted a request to write-off uncollectible water accounts in the amount of $48.63. The accounts had been submitted to the Lincoln County Business Services for collection. A portion was collected and this is the balance due.

Mr. Roll made a motion to approve the request to write-off $48.63 in delinquent water accounts.
Mr. Bischoff seconded the motion.
Motion carried unanimously.

President Leckrone announced an open house to be held for the Lincoln County Community Health Center on Thursday, June 7th from 3 p.m. until 6 p.m.

COMMITTEE REPORTS

CEMETERY/PARKS  – Appreciation was extended to the street department for cleaning, spraying and mowing the cemetery.

CITY/COUNTY LIAISON  – None.

FIRE  – Fire Chief Tom Wood was unable to print the monthly report but gave an oral presentation.

BUILDING/INDUSTRIAL PARK  – Mr. Thede stated the roof for city hall would be submitted in the budget process. Montana Athletic Club will also submit a budget request for energy saving ideas.

INSURANCE  – None.

PERSONNEL  – None.

POLICE  – Chief Coker gave a brief report, which included budget proposals and a new roof for the Old City Hall building.

RESOLUTIONS/ORDINANCES  – None.

WATER  – None.

SEWER/LIGHTS  – None.

STREETS/ALLEYS  – Mr. Roll commented on the new wheel loader that will be purchased for the street department. The Volvo model was chosen as it met most specs and the tools currently being utilized are interchangeable for the unit.

SIDEWALKS/CURBS  – None.

BUDGET/FINANCE  – None.

JUDICIAL  – None.

UNION NEGOTIATIONS  – Union negotiations are currently ongoing.

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

HEAR THE PUBLIC

Gary Doubek of the Pastime Bar and Lounge requested street closure for a street dance he would like to have during the Libby Logger Days. He was remiss in requesting the closure in time for the agenda. As in the past, he would complete an agreement with the city and provide the proper insurance coverage. This item will be tabled until the May 21, 2007 special meeting.

Trent Oelburg thanked City Clerk Chris Erickson for her service.

Duane Williams attended the Memorial Day Services at the Libby Cemetery and again commented that the cemetery looked fabulous. He thanked the city for the special attention to the grounds.

Commissioner Windom thanked the council for their support of the City of Eagle project with the donation of $5,000.

The meeting was adjourned at 8:17 p.m.

                                                                                  

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

                                                                                   

                                                                                   

SPECIAL MEETING COUNCIL CHAMBERS  – CITY HALL JUNE 11, 2007  – 7 P.M.

Mayor Berget called the Special Meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Bischoff, Crismore, Leckrone, McElmurry, Roll, City Attorney Charles Evans and Deputy City Clerk Tanya Gehrke were present. City Services Supervisor Dan Thede and City Clerk Chris Erickson were absent.

UNFINISHED BUSINESS

It was recommended by Mayor Berget to hold off on the Budget meetings until the prior year audit is completed. He will check with City Clerks Chris Erickson and Glena Young to see when the audit might be complete. There will be a Special Budget meeting held on June 25, 2007 and it was suggested that all Department heads should be present. The City should have a Preliminary Budget on or before July 22, 2007.

 NEW BUSINESS

Gary Doubek from the Pastime Bar addressed the Council to request a street closure for a dance during Logger Days.  Ms. Leckrone mentioned that maybe next year there should be a street closing fee.

Mr. Bischoff made a motion to allow the street closure.
Mr. Roll seconded the motion.
Motion passed unanimously.

Clay Coker, Chief of Police, addressed the council regarding FICA Contributions and the Municipal Police Officers Retirement System. Police Officers are exempt from paying Social Security according to a 1971 agreement. After much discussion on the subject the Council still had many questions and concerns. City Attorney Charles Evans said that he had not had the proper amount of time to research the issue. Chief Coker said that he had intended this to be the first reading. It was decided the first reading would be at the July meeting.

Mike Cirian, EPA Libby Site Manager, addressed the Council regarding cleanup at the Export Plant Site. Paul Peronard, EPA Team Leader, says that it is imperative that the City notify the EPA before any digging begins at the export site. There is an interim guideline letter dated May 8, 2007 which the City of Libby and EPA will follow until the Record of Decision (ROD) is complete for the Libby Superfund Site and until approved Institutional Controls(IC) can be established.

Mayor Berget handed out a draft of a Resolution to continue support of Mines Management Inc.’s Montanore Project. It will be addressed at the next regular council meeting in July.

HEAR THE PUBLIC: None.

Meeting was adjourned at 8:25.

______________________________

Anthony J. Berget, Mayor

Tanya R. Gehrke, Deputy City Clerk

                                                                                   

                                                                                   

SPECIAL MEETING COUNCIL CHAMBERS  – CITY HALL JUNE 20, 2007  – 4:30 P.M.

Mayor Berget, Libby City Council Members McElmurry, Roll, Leckrone, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present at the meeting to discuss the Municipal Police Officer’s Retirement System (MPORS).

Jerry Williams, representative for MPORS, gave a presentation on the process of diverting PERS and FICA contributions for police officers into the MPORS retirement system. Since 1975, police officers that were members of PERS were excluded from social security purposes, unless they passed a referendum to elect supplemental social security coverage. The City of Libby police department was formed after 1975 and was not aware of the issue. If a city accidentally provided social security coverage for police officers, credit adjustments may be filed with the IRS via W2-C’s for a statute of limitations period. The city is also eligible for a refund of their portion paid into the FICA system via a 941-C.

In essence, this program provides greater benefits for the police officers, shorter retirement requirements and would be no extra expense to the city to do so. The current contributions made to PERS may also be able to be rolled into the MPORS accounts.

The proposal will be put before the city council at the July meeting for a decision.

                                                           

Chris A. Erickson, City Clerk

                                                                                   

                                                                                   

CITY OF LIBBY – CITY COUNCIL SPECIAL BUDGET MEETING AGENDA WORKING COMMITTEE MEETING  – COUNCIL CHAMBERS  – MONDAY, JUNE 25, 2007 –  6:00 to 7:30 p.m.

1.                  CALL TO ORDER

Pledge of Allegiance/Roll Call/Welcome

2.         Award Bids – Gas, Oil, Gravel, and Asphalt for 2007-08

 3.         2007-08 Budget Issues – Discussion only. No decision will be made.

Public comment will be taken.

ADJOURNMENT

The public is encouraged to attend.

July 2, 2007 | Regular Meeting

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THE 1269th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JULY 2, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Tony Berget called the regular meeting to order at 7:05 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Crismore, Leckrone, Roll and McElmurry, Mayor Tony Berget, City Attorney Charles Evans, and City Clerk Trainee Glena L. Young were present. Council Members Bothman, City Services Dan Thede and City Clerk/Treasurer Chris Erickson were absent.

Pastor Lloyd Miller of the Libby Amish Church offered prayer.

Mr. Roll moved to accept the minutes of the June 4, 2007 regular meeting & the June 11, 20 & 25, 2007 Special Meetings;
Mr. McElmurry seconded the motion.
Motion passed unanimously.

Draft Resolution No. 1685 was discussed and it was decided to put it on the Agenda at August 2007 Council Meeting.

City Ordinance No. 1684 Electing to participate in the Municipal Police Officers’ Retirement System was read by Mayor Tony Berget.  This was the first reading and will be put on the next Regular Council Meeting Agenda for the month of August 2007.  The Ordinance may be adopted at that time.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

Bill Buxton of Morrison-Maierle Engineering was not present and did not send an update as was previously thought he would.

The agreement between the City of Libby Volunteer Fire Department (LVFD) and the Lincoln County Rural Fire (LCRF) was given to Doug Roll to deliver and have sign by the Fire Department.

NEW BUSINESS

Bonnie Fuller at 106 W. Balsam, Libby, Mt asked for a zoning variance to run a day care center at her residence.  Motion to accept zoning variance by Mr. Roll and seconded by Mr. Mc Elmurry.

Motion passed unanimously with the condition that the variance is for as long as Bonnie Fuller is living and running a Day Care at this address only.

William & Kami Winslow requested a change in the ordinance that would allow a well to be put in at 1402 Renwood, Libby, Mt. in the city limits at the place of their residence.  After a lengthy discussion it was decided that the legalities of this variance needed to be studied.  City Attorney Chuck Evans was asked to look into the legal ramifications as soon as possible and get back to the Council.

Mayor Tony Berget requested the Councils permission to spend up to 35K for a dump truck for the City of Libby.
Ms. Leckrone made a motion to except Mayor Berget’s proposal
Mr. Roll seconded it.
Motion passed unanimously.

Gary Huntsberger and Cheryl Chandler presented a Memorial Tree Project and left hand outs explaining its’ purpose.  They would like permission to go forward with the plan and are willing to wait until the next Council Meeting in August for approval.

Mike Cirian was not present to discuss the EPA update.

Brent Teske was sworn in as a Libby Police Officer by Mayor Tony Berget.

ANNOUNCEMENTS

Trent Oelberg announced the upcoming City of Eagle Dedication to be on Saturday, July 7th at 10:00AM.

Stu Crismore announced that he objects to having two City Clerks to pay for.

COMMITTEE REPORTS

Mr. Mc Elmurry moved to pay the claims as presented, except for the claim to Norco.
Mr. Roll seconded the motion.
Motion carried unanimously.

HEAR THE PUBLIC

Gary Doubek of 366 Hwy 2 South, Libby, Mt. was present and asked for a street closure for July 28 & 29, 2007 for a street dance outside the Pastime Bar and August 17, 2007 for a street dance outside the Pastime Bar and a stage on 3rd and Mineral during Hot August Nights on August 17th 2007.  This request is to be put on our next special meeting agenda.

Shawnda Jennings at 272 Cedar Ext. Libby, Mt. came forward and announced that she was the organizer for a complaint against Officer Scauflaire using excessive force on several persons in Libby.  She stated that she had several complaints about the use of excessive force by Officer Scauflaire and wanted the public to know that they can fill out a formal complaint at the City Police Department against the officer.

The meeting was adjourned at 8:55 p.m.

                                                                                   

Anthony J. Berget, Mayor

Glena L. Young, Assistant

                                                                                     

                                                                                     

SPECIAL MEETING COUNCIL CHAMBERS-CITY HALL JULY 16, 2007 – 7 P.M.

Mayor Berget called the special meeting to order at 7:02 p.m. Roll was called. Council members Bothman, Crismore, Bischoff, Leckrone, Roll, City Attorney Charles Evans, and City Clerk Chris Erickson were present. Council member McElmurry and City Services Supervisor Dan Thede were absent.

Mayor Berget read Resolution No. 1685 Changing the Status of Various Ordinances Regarding Parking Violations and Junk Vehicles. Mr. Crismore suggested sending the resolution to committee for a recommendation. The change is in regard to declassification of various parking violation violations from misdemeanors to set maximum fines of $100.00. Police Officer Teske spoke against the change as he stated it takes the teeth out of the law. Judge Briggs also spoke against the change as it applies to junk vehicles.

Ms. Leckrone moved to accept Resolution No. 1685 amending it to exclude the Junk Vehicle Ordinance No. 8.08.010 B.
Mr. Roll seconded the motion.
Motion carried, Crismore voted nay, Bothman abstained.

UNFINISHED BUSINESS

Gary Doubek of the Pastime Bar came before the council requesting street closure for three upcoming events that involved live music and a street dance. The events are the Class of 1975 Reunion scheduled for Friday, June 20, 2007; Kootenai River Rodeo Street dance scheduled for July 27 and July 28, 2007; and Ignite the Nights planned for Friday, August 17, 2007. After discussion from the council regarding timeliness of the requests, he was reminded to furnish the necessary insurance paperwork and to sign new agreements with the city.

Mr. Roll moved to approve the street closure requests for the Kootenai Valley Rodeo and Ignite the Nights.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Mr. Bothman moved to approve the street closure request for the Class of 1975 Reunion.
Mr. Roll seconded the motion.
Ms. Leckrone questioned the lack of following procedures within the council regarding timeliness of filing the request. Mr. Roll agreed stating the agenda did not specify what events were being requested.
Motion passed unanimously.

Mayor Berget read Ordinance No. 1684 regarding election of participation in the Municipal Police Officer’s Retirement System for the second time. This ordinance would allow the police department employees to participate in the MPORS instead of PERS. They would not be required to participate in the social security system either.

Mr. Roll moved to accept the request from the police department to participate in the Municipal Police Officer’s Retirement System.
Mr. Crismore seconded the motion.
Motion carried unanimously.

NEW BUSINESS

Several years ago when the ordinances and resolutions were codified, some were omitted from the municipal code. There are several that should have remained in effect. Mayor Berget asked the Resolution/Ordinance committee to review the ones in question and bring a recommendation to the council for reinstating them within the city’s laws. The hospital quiet zone, leash laws for cats and the business license ordinance were a few that were mentioned.

HEAR THE PUBLIC

Mike Cirian from EPA gave a brief overview of the progress of the vermiculite cleanup in Libby within the last seven months. He estimated it would be between three to ten years before they were able pull out of the area and turn the remainder of cleanup over to the local entities.

Gary Huntsberger representing the Tree Committee spoke regarding their budget request that was submitted for fiscal year 2007-08.

A brief discussion regarding the request for wells within the city limits was held. As Mr. Roll emphasized, when the council decides to discuss the issue, he highly recommended having all the key players including DEQ representatives in the forum to field any questions.

Meeting was adjourned at 8:35 p.m.

                                                           

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

                                                                                     

                                                                                     

BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 18, 2007 – 5:30 P.M.

The working committee meeting convened at 5:30 at the above place and date. Present were Mayor Berget, council members Roll, Bothman and Bischoff, City Clerk Chris Erickson and Assistant Glena Young.

The following items were discussed:

Wastewater plant investment fees and sewer rates;

Water rate increases. It was requested to hold the public hearing for rate increases before the budget is passed in August;

Grade increase for the city court clerk position;

Retain the temporary position for the street department, purchase of the loader and request to purchase an excavator;

Move funds in sewer replacement and depreciation to operating cash on the cash report;

Determine what reserve cash is in the water fund;

Isolate the investment funds from the operating cash funds for more visibility; and

Set up tree committee accounts and deposit grant from Plum Creek and various donations.

_______________________________

Anthony J. Berget, Mayor

Glena Young, Assistant to Mayor

                                                                                     

                                                                                     

BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 23, 2007 – 5:30 P.M.

The working committee meeting convened at 5:38 at the above place and date. Present were Mayor Berget, council members Roll, Bothman, Bischoff, Mc Elmurry and Leckrone, Dan Thede,  Mayor Berget , City Clerk/Treasurer Chris Erickson and Assistant Glena Young.

Crismore as absent.

The following items were discussed:

City well for splash pad

City Court Clerk upgrade & move from Temporary to Permanent status

Cash reserves, water

Split out water pump fees, water & sewer hookups (PIF) and Machinery & Equipment.

Meeting was adjourned at 7:00PM.

_______________________________

Anthony J. Berget, Mayor

Glena Young, Assistant to Mayor

                                                                                     

                                                                                     

BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 30, 2007 – 5:30 P.M.

The working committee meeting convened at 5:30 at the above place and date. Present were Mayor Berget, council members Roll, Bischoff, Mc Elmurry and Leckrone Mayor Berget and Assistant Glena Young.

The following items were discussed:

General Fund Budget verses Revenues

Discussion on how we can remedy the deficit between the Estimated Revenue verses Preliminary  Budget

Mayor Berget suggested we cut the line item in Executive Services Object # 350 to $10,000 from $23,388

It was also suggested by Mayor Berget that we transfer cash from Funds 2510 & 7050 to help support the General Fund Roads & Streets and Cemetery Services to help with the deficit

It was suggested that until we know the Taxable Valuation for the City, we can’t Estimate our Revenues correctly

It was decided that we would wait for the Taxable Valuations to determine a more accurate Estimated Revenue

Meeting was adjourned at 7:00PM.

_______________________________

Anthony J. Berget, Mayor

Glena Young, Assistant to Mayor

                                                                                     

                                                                                     

PUBLIC HEARING PROPOSED LAND DIVISION CABINET VIEW COUNTRY CLUB JULY 30, 2007 – 7:00 P.M.

Meeting was called to order at 7:07PM on July 30, 2007

Pledge of Allegiance, roll call

Welcome by Mayor Berget.

Present were Mayor Berget, council members Roll, Bischoff, Mc Elmurry and Leckrone Mayor Berget and Assistant Glena Young.

Mary Klinkam from the Lincoln County Planning Department presented a review of county subdivision standards and her suggestions with respect to the Cabinet View Country Club Subdivision.

Mayor Berget polled the Public and asked for any opposition to the Subdivision there were no Public present that were opposed

Mayor Berget then asked for any Public in favor of the Subdivision there were Public present that were in favor of the Subdivsion

___________________________

Anthony J. Berget, Mayor

Glena Young, Assistant to Mayor

August 6, 2007 | Regular Meeting

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THE 1270th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON AUGUST 6, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Tony Berget called the regular meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, Roll and McElmurry, Mayor Tony Berget, City Attorney Charles Evans, City Supervisor Dan Thede and City Clerk Trainee Glena L. Young were present.  City Clerk/Treasurer Chris Erickson was absent.

Andrew Lewis of International Messengers offered prayer.

Mr. Roll moved to accept the minutes of the July 2, 2007 regular meeting and Budget Meetings July 18, 23, 30
Mr. McElmurry seconded the motion.
Motion passed unanimously.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

Mr. Bischoff gave a report on the initial Well Ordinance pertaining to the potentially contaminated ground water in the City of Libby and why it was put into place.  Bischoff reported that the ground water is reviewed every 5 years.  Bischoff recommended that we contact DEQ, DNRC, EPA and International Paper to see if we can get information on the ground water in the City of Libby and where we stand at this time.  It was suggested that a meeting with DEQ, DNRC, EPA and International Paper would facilitate getting the information. Cami and William Winslow of 1402 Renwood Dr., Libby had some questions for the Council and agreed that a meeting to get information on the potentially contaminated groundwater is needed.  The Winslow’s asked that the Council be prudent in getting a meeting set up as soon as possible.  Mr. Crismore stated that we need to move forward on this issue ASAP.

Pressure Relief valves to allow the water pressure in the City to be increased was discussed and Bill Buxton of Morrison & Maierle Engineering was asked to report on costs etc. of getting these valves in place at the next meeting.

Bill Buxton of Morrison-Maierle Engineering gave an update on funds the City has been granted for the Cabinet Heights Project.

There was no Committee Report on the Hospital Quite Zone or the Leash Law pertaining to Cats.

NEW BUSINESS

Request for zoning variance at 917 Balsam, for a Daycare ran by Jenny and Cory Andersen:  Lee Kraft at 806 Wisconsin spoke at the Council Meeting for the Andersen’s.

Roll made a motion to grant a Day Care at this address
Bischoff seconded the motion.
Motion passed unanimously with the condition that the variance is for only as long as Jenny and Cory Andersen are running the Day Care at this address.

It was decided that the variance request by Eric Drake should go before the Board of Adjustments.

It was discussed that Dan Thede should look at the Cabinet View Country Club Subdivision report that was prepared for the City of Libby and then do a presentation and/or recommendations for the Council. It was brought to the Councils attention that we have 30 days to make any recommendation and/or changes from the time the Subdivision report was presented to the Council on July 30, 2007.

July Hyslop of 69 Hammon Ave. gave a report on Kootenai Pets for Life.  Several of their volunteers were present.  Their goals are to build their new facility and to keep the Spay and Neuter Program going.  They have held several fund raisers to keep the Spay and Neuter Program going and try and save money (that they have partly invested) for their new building.

Police Chief Coker spoke to the Council with a request for a Grade increase from a Grade 13 to a Grade 14 for the Police Chief.  It was decided that the Personnel Committee work on the request.

It was decided that Chuck Evans and Mr. Bischoff would get together on the draft Resolution for Montanore Mine and present a new or updated draft at the next meeting.

Mayor Berget set a meeting for Monday August 20, 2007, at 7:00 pm, at the River Front Park to discuss the Well Variance, Pressure Relief Valves, Cabinet View Subdivision and Draft Resolution for Montanore Mine.

ANNOUNCEMENTS

Mayor Berget announced that the City has an invitation to participate in the Nordicfest  Parade on Saturday September 8th 2007.

Ms. Leckrone announced that Mike Fissori Construction would be willing to  replace part of the City Hall roof each year until done.

COMMITTEE REPORTS

Tom Wood gave a Libby Volunteer Fire Department report.

Clay Coker gave a report on the Libby Police Department.

Ms. Leckrone made a motion to pay Claims for June Accrued Claims, July Claims and payroll
Mr. Bothman seconded.
The motion was passed.

HEAR THE PUBLIC

None

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL & BUDGET MEETING COUNCIL CHAMBERS-CITY HALL MONDAY AUGUST 13, 2007 @ 6:00PM

Mayor Berget called the special meeting to order at 6:05 p.m. Pledge of Allegiance/Roll Call. Council members Bothman, Bischoff, Leckrone, Roll and McElmurry and Mayor Berget, City Service Director Dan Thede and City Clerk Glena L. Young were present. Council member Crismore was absent.

Variance for Eric Drake to build garage within five & one-half feet from property line was discussed.

Bill Bischoff made a motion to grant the variance
Charlene Leckrone 2nd the motion.
Motion carried.

Glena L. Young was sworn in as the new City Clerk/Treasurer

The Special Meeting was adjourned and the Budget Committee Meeting began.

Various Budget items were discussed.

It was decided that the water bond loan payments should be budgeted.

It was decided that the LADC money that had been paid back from water and sewer loan should be transferred to sewer to help with infrastructure repair and maintenance as was formerly decided.

It was decided that some of the cash carryover from Sprinkling and Gas tax would be transferred to the General Fund to help support the Street Maintenance for FY-08 Budget.

The Budget Meeting was adjourned by Mayor Berget at 7:22 pm.

 HEAR THE PUBLIC

There was no commit from the Public.

                                                           

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

                                                                                     

                                                                                     

PUBLIC HEARING WATER & SEWER RATE INCREASE AUGUST 15, 2007 @ 6:00PM

Meeting was called to order at 6:05PM by Mayor Berget

Pledge of Allegiance, roll call

Welcome by Mayor Berget.

Present were council members Roll, Bischoff, Mc Elmurry, Bothman and Leckrone Mayor Berget and City Clerk/Treasurer Glena Young.  Crismore was absent.

Mayor Berget asked the public for any comments they had about the water and sewer increase.

Rita Bramante, residing at 1247 Idaho, Libby, spoke first.  Bramante was against the increase.  She stated the reason was because she was on a limited income and could not afford an increase.

Gela Koehler, residing at 1302 Montana indicated that her water bill went up from approximately $100.00 dollars last month to over $200.00 this month.  The concern of the Mayor and the Council was that because of the great increase there may be a leak or a problem with the meter and that the City would have someone check for problems ASAP.

Scott Beagle, residing at 1202 Idaho committed on the water pressure and would like to see the pressure relief valves put in the so the pressure can be increased.  The Mayor and Council explained that the City is looking into the possibility of putting in the valves ASAP.

Cheryl Chandler, residing at 1017 Louisiana committed that if everyone was paying their share of the water bill maybe it would make a difference in the water bills for everyone else.  She stated that there are several people in the City that have illegal wells. She also stated that water pressure is an issue.  Cheryl also stated that International Paper has spent $14,000,000 dollars to clean up our water, that it previously polluted, but it will still be contaminated for 10,000 years and for that kind of money maybe more could have been done.  Bill Bischoff stated that the City is trying to put together a meeting with Int’l Paper, EPA, DNRC and DEQ and that if this meeting is set up that the support of the residents of Libby will be a key to getting help on this issue.

Jim Morey, residing at 1010 California stated that the water bills at his rentals, is too high for his renters to afford and that the increase would make it even harder.

Dwayne Williams, residing at 251 W. Cedar had several questions for the Council.  One of the questions was how many people are not paying their water bill and that he had heard that there is one customer that has an approximately $30,000 dollars overdue.

The Mayor and Council explained to the public that the increase on the water and sewer bills is necessary to meet the obligations of these funds and that the water and sewer funds have to be able to operate on income from fees.

Mayor Berget thanked the public for their comments and adjourned the meeting at 7:05pm.

___________________________

Anthony J. Berget, Mayor

Glena Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING RIVER FRONT PARK MONDAY, AUGUST 20, 2007 @ 7:00PM

Mayor Berget called the special meeting to order at 7:04 pm Pledge of Allegiance/Roll Call. Council members Bothman, Bischoff, Leckrone and Roll, Mayor Berget, City Service Director Dan Thede and City Clerk Glena L. Young were present. Council member Crismore and McElmurry was absent.

OLD BUSINESS

Dan Thede put together a report for the Council on the Cabinet View Country Club Subdivision.

It was decided to have a meeting on September 4, 2007 to discuss the Subdivision further.

The Draft Resolution for Montanore Mine was read by Mayor Berget.

Doug Roll made a motion to except the Montanore Mine Resolution
Lee Bothman 2nd.
The motion was carried unanimously.

NEW BUSINESS

U Serve Libby, Inc. asked the City’s support with matching funds up to $100,000 dollars to help put in a community tennis court.  Sandy Hauck of 1815 Hwy. 37, Libby spoke for the tennis courts,  Laurie Mari of 646 Terrace View Rd, Libby also spoke for the tennis courts and M.C. Beebe of 1620 Townsend, Helena spoke lastly for the courts.  They estimated there is a need for at least 6 courts at an estimated cost of $150,000.  The ladies spoke about how the courts would help bring in revenue to the local businesses by holding tournaments that would bring in people from out of town that would stay in our Motels and eat in our Restaurants.  They also spoke on how the courts would be good for the High School and that they would encourage children and adults both to learn to play the game.  Mayor Berget stated that their request would be discussed and that a decision would be made after the discussion.

The Nordicfest street closure request on September 8th, 2007  was read.

Bill Bischoff made a motion to grant the street closure
Doug Roll 2nd.
The motion was carried unanimously.

WORKING COMMITTEE

Mr. Miller spoke on the River Front Park Pavillion Design.  Him and his brother would like to give their labor and supplies in return for forgiveness of an outstanding debt left the City by Libby Woodworks.  No decisions were made.

Bill Buxton was not present to give a report.  It was said that he is still collecting information.

Dan Thede stated that the meeting with DNRC, EPA, DEQ and International Paper would probably be set for around the 3rd week in September. (well variance, water pollution)

Mayor Berget announced that the Libby Main Street Request for $20,000 funding will possibly be decided by the next meeting.

The City Police may be able to help with background checks for New Employees and Volunteers.

PUBLIC HEARING

Trent Oelberg of 5601 Kootenai River Rd., requested the Mayor and the City Council to attend a meeting on September 11-13, 2007 in Great Falls concerning sustaining & success in Tribal Economic Development.

Jim Germany President of the Libby Park District wanted the Public to know that they would be having a meeting the 1st week of September and that he would be the mediator between different entities in the city/county.

ADJOURNMENT

Mayor Berget adjourned the meeting at 7:52pm.

                                                           

Anthony J. Berget, Mayor

Glena L. Young, City Clerk

September 10, 2007 | Regular Meeting

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THE 1271th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON SEPTEMBER 10, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

City Council Chairwoman Charlene Leckrone called the meeting to order at 7:02pm followed by the Pledge of Allegiance.  Mr. Bischoff, Mr. McElmurry, Ms. Leckrone and Mr. Roll were City Council members present.  City Services Supervisor Dan Thede and City Clerk/Treasurer Glena L. Young were also present.  Mayor Berget and City Council members, Mr. Crismore and Mr. Bothman were not present.  Mr. Evans City Attorney arrived late.

Prayer was offered by Reverend Sherry Edwards, First Presbyterian.

Mr. Roll moved to accept the minutes of Special Meeting July 16, 2007, Public Hearing July 30, 2007, Regular Meeting August 6, 2007, Special & Budget Meeting August 13, 2007, Public Hearing August 15, 2007 and Special Meeting August 20, 2007.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

There was a motion made by Mr. Bischoff to deny the alley abandonment requested by Dale & Marlene Herreid because of consideration to neighboring people with small lots that may require use of the alley to access their property.
The motion was seconded by Mr. McElmurry.
The motion to deny the alley abandonment was passed unanimously.

The Cabinet View Subdivision was discussed.  It was agreed that City Services Supervisor, Dan Thede’s recommendations would go to the County Planning Department with the addition of a Minimum of $500,000.00 up to a Maximum of $750,000.00 to be spent by the Developer in getting sewer service to the subdivision.  Dan Thede will make the changes and deliver to the County Planning Department.

Mr. Roll made a motion to not require further service of WGM.
Mr. Bischoff seconded the motion.
Motion passed.

NEW BUSINESS

Pam Peppenger, Secretary of Libby Logger Days spoke about the 2008 Libby Logger Days.  She requests that permission be given to hold the 2008 Logger Days at the Riverfront Park and surrounding area.  There was some concern about phase II Asbestos clean-up at the park around the same time as the Logger Days.  It was decided by the Council to look into this further before making a decision.  Motion passed.

Mr. Roll made a motion to adopt Resolution 1686 approving the rate increase for the City of Libby’s water system.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

Mr. Roll made a motion to adopt Resolution 1687 approving a rate increase for the City of Libby’s sewer system.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

Mr. McElmurry excused himself from voting on Resolution 1689, FY-07/08 salary and wage increases.  The Resolution was tabled until enough council members could be present to vote on the Resolution.

Mr. Bischoff made a motion to except Resolution 1690 making tax levies for the year 2007 upon all real property in the City of Libby.
Mr. Roll seconded the motion.
Motion passed unanimously.

Mr. Roll made a motion to except the changes to Resolution 1673 with Resolution 1673-A setting the base taxable year for the TIFD in Cabinet Heights.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

Mr. Bischoff made a motion to except the FY-07/08 Budget as is.
Mr. Roll seconded the motion.
Motion passed unanimously.

There were no objections to the Liquor License changes for Helen Tap Room and The Pastime Bar received from the Mt. Dept. of Revenue.

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to pay Claims and Payroll for August 2007.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

ANNOUNCEMENTS

None

COMMITTEE REPORTS

Doug roll gave a report on the Libby Volunteer Fire Department.

HEAR THE PUBLIC

None

The meeting was adjourned at 8:00pm by Ms. Leckrone.

                                                                                     

                                                                                     

PUBLIC HEARING CITY COUNCIL CHAMBERS ALLEY ABANDONMENT TUESDAY SEPTEMBER 4, 2007 @ 6:30PM

Meeting was called to order at 6:40PM by Mayor Berget

There were no Public present to make comment.

Meeting was adjourned at 6:45PM by Mayor Berget

___________________________

Anthony J. Berget, Mayor

Glena Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL CABINET VIEW SUBDIVISION TUESDAY SEPTEMBER 4, 2007 @ 7:00PM

Mayor Berget called the special meeting to order at 7:04 pm Pledge of Allegiance/Roll Call. Council members Bothman, Bischoff, Leckrone, McElmurry, and Roll, Mayor Berget, and City Clerk Glena L. Young were present. Council member Crismore was absent.

OLD BUSINESS

The Cabinet View Subdivision street widths and water/sewer availability were discussed.  Project funding was discussed on grants and City matching funds.  It was decided to ask Supervisor of City Services, Dan Thede to look into time limits on using any grants going toward the project.  It was decided to send Supervisor of City Services, Dan Thede’s subdivision report to City Attorney, Chuck Evans for approval before sending report to the Lincoln County Planning Department.

ADJOURNMENT

Mayor Berget adjourned the meeting at 8:00PM.

                                                           

Anthony J. Berget, Mayor

Glena L. Young, City Clerk

                                                                                     

                                                                                     

BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL TUESDAY SEPTEMBER 4, 2007 @ 7:30PM

The working committee meeting convened at 8:00PM at the above place and date. Present were Mayor Berget, council members Roll, Bischoff, McElmurry, Bothman and Leckrone, and City Clerk Glena Young.  Crismore was not present.

No changes were made to the preliminary Budget.

Meeting adjourned at 8:45pm by Mayor Berget.

_______________________________

Anthony J. Berget, Mayor

Glena Young, Assistant to Mayor

                                                                                     

                                                                                     

PUBLIC HEARING CITY COUNCIL CHAMBERS FISCAL BUDGET FY-07/08 MONDAY SEPTEMBER 10, 2007 @ 6:30PM

Meeting was called to order at 6:35pm  by City Council Chairwoman Ms. Leckrone

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone and Mr. Roll were present.  Mayor Berget and City Council members, Mr. Bothman and Mr. Crismore were absent.

No Public present had comment.

Meeting was adjourned at 6:50PM by Ms. Leckrone

___________________________

Charlene Leckrone,  Council Chairwoman

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL SETTING SALARY AND WAGES OF ELECTED OFFICERS, APPOINTED OFFICERS AND CITY EMPLOYEES THURSDAY SEPTEMBER 13, 2007 @ 6:00PM

Meeting called to order at 6:03 pm by Chairwoman Ms. Leckrone.  Mr. Bischoff, Mr. Roll, Mr. Bothman and Ms. Leckrone of the City Council were present.  Glena L. Young, City Clerk/ Treasurer was also present.  Mr. Crismore, Mr. McElmurry and Mayor Berget were absent.

Mr. Roll made a motion to adopt the FY-07/08 Budget
Mr. Bischoff seconded the motion.
The motion passed.

There was no comment from the public.

COMMITTEE REPORT

Ms. Leckrone of the Personnel Committee wrote a statement (minutes) from the Committees meeting.  Ms. Leckrone, Mr. Bothman and Mr. Roll of the Personnel Committee discussed the wage increase and decided on 0 increases just the 4.2% cost of living and step increase.

ADJOURNMENT

Ms. Leckrone adjourned the meeting at 6:07PM.

                                                           

Anthony J. Berget, Mayor

Glena L. Young, City Clerk

                                                                                     

                                                                                     

PUBLIC HEARING PROPOSED LAND DIVISION FAIRWAY HEIGHTS SUBDIVISION SEPTEMBER 24, 2007

Meeting was called to order at 7:02PM on September 24, 2007 by Mayor Berget

Welcome by Mayor Berget.

Present were Mayor Berget, council members Mr. Roll, Mr. Bothman, Mr. Bischoff, Ms. Leckrone, City Service Supervisor Dan Thede and City Clerk/Treasurer Glena Young.

Mary Klinkam from the Lincoln County Planning Department presented a review of Fairway Heights Subdivision.

Mayor Berget asked Public for commits on the Subdivision there was one question on widening the roads that was answered by Mary Klinkam.

Mary Klinkam commented that by statute the City has 10 working days to make a decision on the proposed subdivision after the Public Hearing is held.  It was decided that a Special Meeting would be held on October 1, 2007 at 6:30 pm to make a decision and Dan Thede agreed that it would give him enough time to review the proposal and recommend changes if needed.

The meeting was adjourned at 7:16 pm by Mayor Berget

___________________________

Anthony J. Berget, Mayor

Glena Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL WEDNESDAY, SEPTEMBER 26, 2007 @ 7:00PM

Meeting called to order at 7:00 pm by Mayor Berget.  Mr. Roll, Mr. Bothman, Mr. Bischoff, Mr. McElmurry and Ms. Leckrone of the City Council were present.  Dan Thede, City Supervisor, Chuck Evans, City Attorney and Glena L. Young, City Clerk/ Treasurer were also present.  Mr. Crismore was absent.

The following were present from the following organizations, David Cosgriff and Tom Richardson from International Paper, Lisa Dewitt from DEQ, Kathy Hernadez, Kathy Attencio, and John Wardell from EPA.

Welcome by Mayor Berget.  Statement made by Mayor Berget saying he feels the City is in a difficult position, with that statement he opened up the floor to the public for questions.

David Cosgriff from International Paper, Arrowhead Engineering, gave a report on contaminated plumes and answered general questions from the public.

John Wardell spoke about the City Ordinance referring to wells in the city limits and suggested that it may need to be looked into.

Question from the Public:  If wells are dug in the city limits outside the contaminated plume area would it spread the contaminated plume out toward the new wells?

Answer:  Mr. Wardell spoke of a Model (a mathematical representation of the aquifer) called Mod Flow that is computer driven.  He stated that International Paper and EPA are going to conduct this test and it should be able to answer the question.  He also stated it would take approximately one year to finish.

Question from the Public: The contaminated water being pulled from the plume and treated, where does that water go after it has been treated?

Answer:  Mr. Richardson answered, back into the plume.

Mayor Berget commented that irrigation seems to be the big issue and that the City has a responsibility to protect its water from possible back feed from contaminated wells.

Question from the Public:  Can City Attorney Chuck Evans rewrite, the city’s well ordinance?

Answer: The general consensus of the council was that it is too soon to make a decision on whether the ordinance would or should be changed and that we need more information that could perhaps be answered by the Mod Flow test.  Also that further study needed to be done on the effect that wells in the city limits could have on the water revenue needed to run and maintain the city’s water facility.

Question from the Public:  Would it be the responsibility of DEQ to monitor wells in the city limits?

Answer:  DEQ answered that they will have to contact their Attorney’s.

It was discussed that the City Attorney needs to check into the possibility of International Paper continuing to be monetarily responsible for the city residents water use for irrigation.

The water committee, Lee Bothman and Charlene Leckrone, will meet and discuss the water well issue in the city limits at a future date.

ADJOURNMENT

Mayor Berget adjourned the meeting @ 7:50PM.

                                                           

Anthony J. Berget, Mayor

Glena L. Young, City Clerk

October 1, 2007 | Regular Meeting

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THE 1272th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON OCTOBER 1, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order @ 7:03pm and led the pledge of allegiance.

Mr. Roll, Mr. Bothman, Mr. Bischoff, Mr. McElmurry and Ms. Leckrone of the City Council were present.  Dan Thede, City Supervisor, Chuck Evans, City Attorney and Glena L. Young City Clerk/Treasurer were also present.  Mr. Crismore was not present.

Prayer was offered by Pastor David Ginther, Libby Assembly of God.

Mr. Roll moved to accept the minutes of Budget Committee Meeting, September 4, 2007, Special Meeting, September 4, 2007, Public Hearing September 4, 2007, Public Hearing September 10, 2007, Regular Meeting, September 10, 2007, Special Meeting September 13, 2007 and County Public Hearing September 24, 2007.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

U-Serve Libby Inc., Laurie Mari, addressed the council about funding for the proposed tennis courts in Libby.  Ms. Leckrone stated she would like to have a meeting with the County, City, and Schools to get their input, because they would all be involved.  It was decided that a meeting was a good idea before any decisions would be made.  Ms. Leckrone will set-up meeting.

NEW BUSINESS

Ms. Leckrone would like to look into Mr. Crismores absenteeism.  Mr. Evans suggested that we send a letter to Mr. Crismore.  Mayor Berget agreed to send the letter.

The Gathering Place, John Drews and Bonnie Drews addressed the council about help with getting a loan to start a youth center  and skateboard park in Libby or leasing a building owned by the city for a youth center and skateboard park.  Mayor Berget commented that money had been set aside in the past for a skate park.  Brandon Howgan was present for support of the skate park and commented that there are many skateboarders that are interested.  Cody Wilks commented that a skate park was a good idea because there is not much here in Libby to do.  It was decided to find out how much money has been set aside for the skate park and put the youth center and skate park to the committee for an answer at a later date.

Lincoln County Transportation, Karen Turner, addressed the council.  She stated that Lincoln County Transportation provides transportation to people in need of shopping, medical needs and spiritual needs.  She asked for $5000.00 that had been budgeted for them before but never used to be budgeted for next fiscal year to cover some expenses that may or may not come up.  It was decided to take it to the  budget committee for review.

Troy School District, Steve Garrett, addressed the council.  He has been working on the funding for upgrading the Troy Gym, Auditorium and Activity Center.  He has got some funding from the State but still needs 54-55% to be locally funded.  Would like Libby Council and Troy Council to get together and try to come up with some ideas for funding.  He also asked if the City of Libby would possibly be able to help financially.   Mr. Garret would also like to run an election for a Bond Issue to the taxpayers.  Mayor Berget commented that the council and himself would talk it over and get back to Steve as soon as possible.

Property Annexation, Rick & Sarah Barrick spoke to the council on an annexation of Cabinet View that included their property by mistake and asked if a Resolution to de-annex, their property could be done.  City Attorney, Chuck Evans will research to make sure a new resolution is properly written.

River Front Park, Trent Oelberg spoke to the council about the Millers wanting to put up a Pavilion in hopes of having their fathers, debt forgiven by the city.  There was a lengthy discussion and it was decided that, the attorneys from all the parties concerned need to be involved.

Ms. Leckrone made a motion to release the Millers of any claim the City of Libby may have against them in return for the construction of the Pavilion as described if we can come to an agreement with the Attorney’s.
Mr. Bischoff seconded the motion.
Motion passed.

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to pay the Claims and Payroll for September 2007.
Mr. Bothman seconded the motion.
Motion passed.

Mr. Bothman made a motion to Re-appoint Lucille Briggs, City Judge for another four year term.
Mr. Bischoff seconded the motion.
Motion Passed.

ANNOUNCEMENTS

The Mayor, City Clerk/Treasurer, City Supervisor, Councilman Bischoff and Councilman Roll will be out of town October 2, 2007 through October 5, 2007 for the Annual Montana League of Cities & Towns Convention.

COMMITTEE REPORTS

Clay Coker, City of Libby Police Chief, reported that the Police had 292 calls in September 2007.

Tom Wood, City of Libby Fire Chief, reported no unusual change in September 2007.

HEAR THE PUBLIC

Dale & Marlene Herreid wanted to know if they can re-petition the alley abandonment they had petitioned earlier in the year.  The council did not believe they would change their vote if they did.  Don Rigney spoke for the Herreids and stated that when the property was sold by the Herreids the Quit Claim Deed stated that the alley was abandoned, which turned out to be a mistake.  He stated that all parties involved in the sale thought the alley was already abandoned and because of this the alley should be abandoned to be fair to the Herreids.  The council stated that the Herreids could re-petition for the alley abandonment.

Scott Beagle residing at 202 Idaho wanted to know if it was true that the Heritage Council has a $600,000 loan that they are not paying back to the City from the LADC grant money.  Mayor Berget said yes it is true.  Mr. Beagle also wanted to know if the Port Authority owes the City $30,000 in water bills that they are not paying.  The Clerk/Treasurer answered yes, but approximately $11,000 of this is interest.  The Mayor explained that the water is needed for fire liability for the small lumber yard on the property and that if they denied the water for the lumber yard about 30 people would lose their jobs.  He also stated that the fire ponds are full at this time and so the water has been turned off.

Joanne Newman located on City Service Road spoke about selling a piece of her property to the City to make the City Service Road wide enough to be safe.  She proposed that her property is worth more than the City is offering.  Mayor Berget asked Newman to work up some figures and get them into the city for review.

D. C. Orr, residing at 1117 Nevada Ave, was concerned about water bills and asked if the Port Authority and the Golf Course have metered water.  Mayor Berget said that yes they have water meters.

The meeting was adjourned at 8:57pm by Mayor Berget.

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL FAIRWAY HEIGHTS SUBDIVISION MONDAY, OCTOBER 1, 2007 @ 6:30PM

Meeting called to order at 6:37 pm by Mayor Berget. Pledge of allegiance.

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone, Mr. Roll and Mr. Bothman of the City Council were present.  Dan Thede, City Supervisor, Chuck Evans, City Attorney and Glena L. Young City Clerk/Treasurer were also present.  Mr. Crismore was absent.

Mr. Bothman said he would like to see street lighting and sidewalks added to the subdivision.  Ken Davis commented that the council only has 10 days to accept or deny a subdivision after the first public hearing.  The first Public Hearing was on September 24, 2007.

Doug Roll made a motion to accept the subdivision with the recommendations that Dan Thede made added.
Walt McElmurry seconded the motion.
The vote was four to one, motion passed.

It was decided by the council that we would look into street lighting and sidewalks in future subdivisions reviews.

ADJOURNMENT

Meeting adjourned @ 6:50pm by Mayor Berget.

                                                           

Anthony J. Berget, Mayor

Glena L. Young, City Clerk

November 5, 2007 | Regular Meeting

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THE 1273th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON NOVEMBER 5, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order @ 7:04pm and led the pledge of allegiance.

Mr. Roll, Mr. Bothman, Mr. Bischoff, Mr. McElmurry and Ms. Leckrone of the City Council were present.  Dan Thede, City Supervisor, Chuck Evans, City Attorney and Glena L. Young City Clerk/Treasurer were also present.  Mr. Crismore was not present.

Prayer was offered by Pastor Bill Sonntag, Family Worship Center.

Mr. McElmurry moved to accept the minutes of Special Meeting, September 26, 2007, Regular Meeting, October 1, 2007 with a change from J.C. Orr to D.C. Orr made, and Special Meeting October 1, 2007.
Mr. Roll seconded the motion
Motion Passed.

The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.

UNFINISHED BUSINESS

Resolution # 1691 to withdraw annexation of property, Mr. Bischoff made a motion to except the resolution.
Mr. Roll seconded the motion.
Motion Passed.

Port Authority water bill; Dan Thede is working on an option to present to the Port Authority that may involve a property exchange.  It was decided to put the water bill into the name of, Industrial District and Port Authority.

NEW BUSINESS

Zoning Variance, Darlene Dow; Darlene Dow of PO Box 916, Troy asked the council for a zoning variance on her property at 110 Nevada Ave. Libby, to open a body piercing, tattoo business.
Ms. Leckrone made a motion to grant the variance with the stipulation that it is temporary for as long as Dow owns the property and business. If the business and/or property is sold the variance is no longer in affect.
Motion Passed.

Zoning Variance, Kenneth P. Carbery; Emily Leonard spoke in behalf of Kenneth P. Carbery residing at 1420 Idaho St., Libby asking the council for a zoning variance at 1420 Idaho St., Libby to open an Adult Foster Care Home.

Mr. Roll made a motion to except the variance with the stipulation that it is temporary for as long as Carbery owns the property and business.  If the business and/or property is sold the variance is no longer in affect.
Motion Passed

Resolution # 1692 giving the City Clerk and Mayor permission to send out early payments to the institutions that making a later payment would cause a finance liability to the City and paying travel claims so employees can travel when needed for city business was tabled.

Rita Windom gave a presentation on CAG.

COUNCIL ACTION/DISCUSSION

Mayor Berget presented to the council the estimates for Video Conference equipment to be installed in the City Courtroom.  This would allow the Defendant to “appear” in Court while remaining in jail.  The council decided that the purchase of the video equipment was up to the courts and police since the benefit would be for the courts and police and the $3,800.00 cost would be split between their budgets.

ANNOUNCEMENTS

The City Clerk announced that the CARD clinic will be at the City of Libby on Nov. 8, 2007 between 9:00am and 12:00pm if anyone wants to donate a blood sample for research.

Ms. Leckrone made a motion to pay claims and payroll for the month of October 2007.
Mr. McElmurry seconded the motion.
Motion Passed.

Mayor Berget announced that the City Christmas party is on December 7, 2007 at 7:00pm at City Hall.  The Mayor also announced that the retreat for council members will possibly be in January 2008.

COMMITTEE REPORTS

Building Committee; Discussed roofing the old city hall and agreed the roof is in bad shape.

Tom Wood, City of Libby Fire Chief, reported no unusual change in November 2007.

Clay Coker, Police Chief, reported 325 calls in November 2007 and that he has been notified that the City has been awarded another STEP grant for traffic control overtime.

Parks and Cemetery; Charlene Leckrone would like the City to join the Green Team.

Personnel Committee; Announced that Mike Voorhies from Water Distribution is moving to the Sewer Treatment postion.

HEAR THE PUBLIC

ADJOURNMENT

The meeting was adjourned at 8:37pm by Mayor Berget.

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL MONDAY, NOVEMBER 19, 2007

Meeting called to order at 5:37pm by Ms. Leckrone, chairperson for the city council.  The Pledge of allegiance was done.

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone, Mr. Roll and Mr. Bothman of the City Council were present. Glena L. Young City Clerk/Treasurer was also present.  Mr. Crismore and Mayor Berget were absent.

Mr. Roll made a motion to provide in kind service for U-Serve Tennis Inc.
Mr. Bothman seconded the motion.
Motion Passed.

ADJOURNMENT

Meeting adjourned @ 5:45pm by Ms. Leckrone

                                                           

Charlene Leckrone, City Council Chairperson

Glena L. Young, City Clerk

December 3, 2007 | Regular Meeting

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THE 1274th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON DECEMBER 3, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order @ 7:03pm and led the pledge of allegiance.

Mr. Roll, Mr. Bischoff, Mr. McElmurry, and Ms. Leckrone of the City Council were present.  Chuck Evans, City Attorney and Glena L. Young City Clerk/Treasurer were also present.  Mr. Crismore and Mr. Bothman were not present.

Prayer was offered by Roy Yoder, Libby Amish Church.

Mr. McElmurry moved to accept the minutes of Special Meeting, November 19 and the  Regular Meeting, November 5, 2007.
Mr. Roll seconded the motion.
Motion Passed.

Mr. Roll made a motion to accept Resolution 1692, accepting the word Argh in place of Aye for affirmative votes until December 31, 2007.
Ms. Leckrone seconded the motion.
Motion Passed.

UNFINISHED BUSINESS

NEW BUSINESS

Ms. Leckrone made a motion to raise the MAC lease a 3.2% cost of living increase for 2008 bringing the lease for 2008 to a monthly payment of 1,013.42 with a cost of living increase yearly after that.
Mr. McElmurry 2nd the motion.
Motion Passed.

Resolution 1679 tabled until resolution is corrected, updated and brought before the council.

Chuck Evans the City Attorney, is updating the City of Libby’s Business Licenses, rules and regulations.

Clay Coker, 07-08 budgets went to committee.

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to ok licenses for coin operated amusement.
Mr. McElmurry seconded the motion.
Motion Passed.

Ok-ing the Business Licenses was tabled until an updated ordinance can be passed.

Ms. Leckrone made a motion to pass the payment of claims except the $300.00 claim to Flathead Electric until a decision can be made if we really owe the $300.00.
Mr. McElmurry seconded the motion.
Motion Passed.

Ms. Leckrone made a motion to ok the payroll for November 2007.
Mr. Roll seconded the motion.
Motion Passed.

ANNOUNCEMENTS

Mayor Berget announced that the council retreat would be the 1st weekend in February 2008, that Peggy Williams would be sworn in at the next council meeting and that the council would meet from December 2007 through March 2008 at the Libby Café at 7:00am.

COMMITTEE REPORTS

HEAR THE PUBLIC

There was no comment from the Public.

ADJOURNMENT

The meeting was adjourned at 8:25pm by Mayor Berget.

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer