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2008 Minutes

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January 7, 2008 | Regular Meeting

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THE 1275th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JANUARY 7, 2008 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, Mr. Bothman, Mrs. Williams and Ms. Leckrone of the City Council were present.  Tanya Gehrke, Deputy Clerk, Mayor Berget and Chuck Evans, City Attorney was also present. Dan Thede City Supervisor was not present.

Prayer was offered by Pastor Kevin Lindgren, Assembly of God Church.

Mr. Roll made a motion to accept the minutes from the Regular Meeting held December 3, 2007.
Ms. Leckrone seconded the motion.
Motion Passed.

Mrs. Williams, Mr. Bischoff and Mr. Roll were sworn in by Mayor Berget.

UNFINISHED BUSINESS

The first reading of Ordinance # 1694, Business Licenses, made by Mayor Berget.  Mr. Roll asked a question on who needed a Business License and it was decided to discuss this in full at the next meeting, January 22, 2008.

Mrs. Peggy Williams, councilwoman, would like to travel to Polson to attend the workshop for new Council members.

Alley abandonment, Tungston Holdings, Tim Rooney spoke.  This was sent to committee to meet with Tim Rooney.

Police Social Security, is to go to Budget and Police Committee.

NEW BUSINESS

Mr. McElmurry reported that most of the forms sent out to Business Owners with flat roofs had been returned.

Eric Berry of 423 5th Ave. East, Kalispell gave a presentation on the old high school.  Floor plans are ready and construction is to start in the spring.  Condos/Office space on top floors with Artisan spaces and Coffee in basement. Will be coming soon to website, libbylofts.com.

The Cleaning contract for 2008 was awarded to Patty Thompson.

The Maintenance contract for 2008 was awarded to Cory Voorhies.

COUNCIL ACTION/DISCUSSION

Property and Supply Bureau Resolution was ok’d to be sent in.

Questions on water bill from Tanya Gehrke went to Committee.

Ms. Leckrone made a motion to pay Claims and Payroll.
Mr. Roll Seconded the motion.
Motion passed.

Election costs were reported to the council.

ANNOUNCEMENTS

The council retreat will be Saturday, February 2, 2008 from 9am to noon at the Venture Inn.

Mr. Roll announced that we need to change the by-laws to O.K. payroll and claims to possibly meet every two weeks.

COMMITTEE REPORTS

Report by Tom Wood on Libby Fire Department, 207 calls, average response time is 6.2 minutes.  There is an average of 18.8 firefighters that respond per call.

Building/Industrial Park committee needs to meet with MAC about having roof work done.

Police Report, Clayton Coker, 3,354 calls and 404 arrests for December 2007.  Police dept. got a $3,500 Grant from the Dept. of Transport.  The Old City Hall Building’s roof leaks a 5 gallon bucket of water every day.

Secure funding for Urban Schools was discussed.

There was a discussion on putting lights outside the ponderosa room.

The council want to discuss at the retreat fines for snow removal.  Police Chief Clay Coker reported that at this time snow removal was only enforced if there is a complaint.  They first give a warning to remove the snow and if not then a ticket is issued.

HEAR THE PUBLIC

There was no comment from the Public.

ADJOURNMENT

The meeting was adjourned at 9:00pm by Mayor Berget.

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL TUESDAY, JANUARY 22, 2008 @ 5:30PM

Meeting called to order at 5:34pm by Mayor Berget.  The Pledge of allegiance was done.

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

The second reading of Ordinance 1694 was reversed to the first reading of Ordinance 1694.

Mr. Roll made a motion to accept the first reading of Ordinance 1694.
Ms. Leckrone seconded the motion.
Motion Passed.

On further discussion of the Ordinance it was decided to take it back to Committee.
Mr. Bischoff made a motion to withdraw the first reading.
Mr. Roll seconded the motion.
Motion Passed.

Alley abandonment, Tungsten Holdings, still at Committee

Water Bill, Fire suppression, still at Committee

Police Social Security, still at Committee

Trent Oelberg, River Front Park Pavilion, had a handout for the Council requesting 12% of the monies raised that is necessary for the pavilion construction be used to pay for administration fees.  They anticipate raising $55,000 for this project.  It was decided to discuss this further at the next council meeting.

ADJOURNMENT

Meeting adjourned @ 6:30pm by Mayor Berget

                                                           

Anthony Berget, Mayor

Glena L. Young, City Clerk

January 7, 2008 | Regular Meeting

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THE 1275th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JANUARY 7, 2008 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, Mr. Bothman, Mrs. Williams and Ms. Leckrone of the City Council were present.  Tanya Gehrke, Deputy Clerk, Mayor Berget and Chuck Evans, City Attorney was also present. Dan Thede City Supervisor was not present.

Prayer was offered by Pastor Kevin Lindgren, Assembly of God Church.

Mr. Roll made a motion to accept the minutes from the Regular Meeting held December 3, 2007.
Ms. Leckrone seconded the motion.
Motion Passed.

Mrs. Williams, Mr. Bischoff and Mr. Roll were sworn in by Mayor Berget.

UNFINISHED BUSINESS

The first reading of Ordinance # 1694, Business Licenses, made by Mayor Berget.  Mr. Roll asked a question on who needed a Business License and it was decided to discuss this in full at the next meeting, January 22, 2008.

Mrs. Peggy Williams, councilwoman, would like to travel to Polson to attend the workshop for new Council members.

Alley abandonment, Tungston Holdings, Tim Rooney spoke.  This was sent to committee to meet with Tim Rooney.

Police Social Security, is to go to Budget and Police Committee.

NEW BUSINESS

Mr. McElmurry reported that most of the forms sent out to Business Owners with flat roofs had been returned.

Eric Berry of 423 5th Ave. East, Kalispell gave a presentation on the old high school.  Floor plans are ready and construction is to start in the spring.  Condos/Office space on top floors with Artisan spaces and Coffee in basement. Will be coming soon to website, libbylofts.com.

The Cleaning contract for 2008 was awarded to Patty Thompson.

The Maintenance contract for 2008 was awarded to Cory Voorhies.

COUNCIL ACTION/DISCUSSION

Property and Supply Bureau Resolution was ok’d to be sent in.

Questions on water bill from Tanya Gehrke went to Committee.

Ms. Leckrone made a motion to pay Claims and Payroll.
Mr. Roll Seconded the motion.
Motion passed.

Election costs were reported to the council.

ANNOUNCEMENTS

The council retreat will be Saturday, February 2, 2008 from 9am to noon at the Venture Inn.

Mr. Roll announced that we need to change the by-laws to O.K. payroll and claims to possibly meet every two weeks.

COMMITTEE REPORTS

Report by Tom Wood on Libby Fire Department, 207 calls, average response time is 6.2 minutes.  There is an average of 18.8 firefighters that respond per call.

Building/Industrial Park committee needs to meet with MAC about having roof work done.

Police Report, Clayton Coker, 3,354 calls and 404 arrests for December 2007.  Police dept. got a $3,500 Grant from the Dept. of Transport.  The Old City Hall Building’s roof leaks a 5 gallon bucket of water every day.

Secure funding for Urban Schools was discussed.

There was a discussion on putting lights outside the ponderosa room.

The council want to discuss at the retreat fines for snow removal.  Police Chief Clay Coker reported that at this time snow removal was only enforced if there is a complaint.  They first give a warning to remove the snow and if not then a ticket is issued.

HEAR THE PUBLIC

There was no comment from the Public.

ADJOURNMENT

The meeting was adjourned at 9:00pm by Mayor Berget.

                                               

Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL TUESDAY, JANUARY 22, 2008 @ 5:30PM

Meeting called to order at 5:34pm by Mayor Berget.  The Pledge of allegiance was done.

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

The second reading of Ordinance 1694 was reversed to the first reading of Ordinance 1694.

Mr. Roll made a motion to accept the first reading of Ordinance 1694.
Ms. Leckrone seconded the motion.
Motion Passed.

On further discussion of the Ordinance it was decided to take it back to Committee.
Mr. Bischoff made a motion to withdraw the first reading.
Mr. Roll seconded the motion.
Motion Passed.

Alley abandonment, Tungsten Holdings, still at Committee

Water Bill, Fire suppression, still at Committee

Police Social Security, still at Committee

Trent Oelberg, River Front Park Pavilion, had a handout for the Council requesting 12% of the monies raised that is necessary for the pavilion construction be used to pay for administration fees.  They anticipate raising $55,000 for this project.  It was decided to discuss this further at the next council meeting.

ADJOURNMENT

Meeting adjourned @ 6:30pm by Mayor Berget

                                                           

Anthony Berget, Mayor

Glena L. Young, City Clerk

February 4, 2008 | Regular Meeting

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THE 1276th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 4, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Council Chair Charlene Leckrone called the meeting to order @ 7:02pm and led the pledge of allegiance.

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

Prayer was offered by Reverend Glen Gleaves, ST. Lukes Episcopal.

Mr. Roll made a motion to accept the minutes from the Regular Meeting held January 7, 2008 and Special Meeting January 22, 2008.
Mr. Bothman seconded the motion.
Motion Passed unanimously

UNFINISHED BUSINESS

Alley Abandonment, Tungston Holdings, Tim Rooney, still at Committee.

Police Social Security; The committee recommends that the City keep its portion of the Social Security paid toward the Police Officers Social Security and give the Police Officers portion back to the officers who paid into Social Security.  It was decided that the final decision would be made and voted on during the next council meeting.

Water Bill, Fire Suppression; Still at committee; the owner of property involved has asked for the Fire Suppression water to be turned off.  Dan Thede, City Supervisor commented that the Fire Suppression has been turned off per owner.

Trent Oleberg,  River Front Park Pavilion, 12% money donated for park be used as administration fees;  Trent stated that $51,000 dollars has been donated to the River Front Park Project so far and hopes to increase it another $5,000.
Mr. Bothman made a motion to grant 12% of the donations collected to administration costs.
Mr. Roll seconded the motion.
Motion Passed unanimously

NEW BUSINESS

Emergency Resolution # 1695 to declare a disaster because of the severe snowfall in January 2008
Mr. Mc Elmurry made a motion to accept Emergency Resolution 1695.
Mr. Roll seconded the motion.
Motion Passed unanimously

Igniters Car Club,  Street Closure
Mr. Roll made a motion to grant the street closure to the Igniters Car Club, for August 15 & 16, 2008.
Mr. Bothman seconded the motion.
Motion Passed unanimously

COUNCIL ACTION/DISCUSSION

Mr. McElmurry made a motion to pay Claims and Payroll for January 2008
Mr. Bothman seconded the motion.
Motion passed unanimously

ANNOUNCEMENTS

None

COMMITTEE REPORTS

None

HEAR THE PUBLIC

Lloyd Miller of 940 Meadowlark Ln., Libby, Mt.  Spoke for the public that was present. Mr. Miller took the stand and stated that there was new gambling establishment coming into the City of Libby and asked the council to refuse to let a new gambling casino come in.

Mr. Roll asked City Attorney, Chuck Evans, to look into the laws so the council could make a decision on whether or not to allow another gambling establishment in Libby and be within in the law doing so.

Phillip Erquiaga of 408 W Flower St.  also spoke against a new gambling establishment in the City of Libby.  Asking the City to refuse them a Business License.

At least 75 people were present to show support against a new gambling establishment coming into the City of Libby.

ADJOURNMENT

The meeting was adjourned at 7:45pm by Council Chair, Charlene Leckrone.

                                               

Charlene Leckrone, Council Chair

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL MONDAY, FEBRUARY 25, 2008 @ 7:00pm

Meeting called to order at 7:08pm by Mayor Berget.  The Pledge of allegiance was done.

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone, Mr. Roll, Mrs. Williams and Mr. Bothman of the City Council were present. Mayor Berget, City Attorney, Chuck Evans and   Glena L. Young City Clerk/Treasurer were also present.

New Casino Business License; Brad Fuller of Tulsa, Oklahoma, the owner of part of the Libby Shopping Center spoke first.  Mr. Fuller spoke about his need to rent the space in the shopping center and spoke in favor of the Moose Lodge as to the help to the community it provides.

Mitch Fahland of 89 Quartz Rd., Libby spoke next.  Mr. Fahland is the elected governor of Moose Lodge # 2671 that is proposing to move into the Libby Shopping Center.  Mr. Fahland spoke of the many things the Moose Lodge’s do for the communities also.

A Parking issue was brought up on whether there would be enough parking for the Moose Lodge members without using some of the other businesses in the shopping center’s parking spaces.  Mr.  Fahland commented that not all of the members would be at the lodge at the same time and that the Moose Lodge meetings would be after the closing of most of the businesses in the center so parking should not be an issue.

Linda Gerard (Venture Inn), of 16 Edgewater Dr., Libby, spoke against the opening of a Moose Lodge in the Libby Shopping Center.

A show of hands was asked of the public present that was against the Moose Lodge coming into the Libby Shopping Center.  Most of the one hundred plus people raised their hands against the Moose Lodge.  Then a show of hand was asked of the public for the Moose Lodge coming into the Libby Shopping Center.  Less than 10 people raised their hands.

Tony Shaw of 500 Dawson, Libby spoke against the Moose Lodge coming into the Libby Shopping Center.

Phillip Erquiaga of 408 W. Flower St, Libby spoke against the Moose Lodge coming into the Libby Shopping Center.  Mr. Erquiaga would like new zoning established to prevent any more gambling casinos in the City of Libby.

Arlen Magill of 801 Wisconsin, Libby spoke against the Moose Lodge coming into the Libby Shopping Center.

Ted Werner of 84 Cherry Ck. Bluff, Libby spoke against the Moose Lodge coming into the Libby Shopping Center, but announced that the City may not be able to stop it.

Mr. McReynolds of 921 Reserve, Libby asked the Moose Lodge if the community is being helped by the Moose Lodge will the Moose Lodge listen to the community when it says they don’t want a Moose Lodge.

Dale Stapinski of 6027 Kootenai River Rd. Libby brought to the public’s attention that a decision to keep out the Moose Lodge in Libby may bring a law suit from the owner or the Moose Lodge itself and that until new zoning is established the City of Libby may not be able to stop the Moose Lodge from coming into the Libby Shopping Center.

Council member Doug Roll asked the City Attorney, Chuck Evans what he has found out legally about letting the Moose Lodge come into the Libby Shopping Center.

Lenny Polik of 304 Spencer Rd. Libby spoke against the Moose Lodge coming into the Libby Shopping Center.

Ramsey Foote of 450 McMillan Mdw. Rd. Libby spoke against the Moose Lodge coming into the Libby Shopping Center.  She is concerned of the children’s needs when parents are drawn to gambling casinos.

Richard Lang of 512 Wisconsin Ave. Libby spoke against more casinos coming into Libby.  Mr. Lang feels the City needs some kind of zoning but not like they have in Oregon.

Lonny Lieveot of 701 Obsidian Rd. Libby spoke against casinos in Libby and wants the community to think about what it wants to be known for in 5 years.

Christopher Beaks of 415 Dakota Ave. Libby spoke against more casinos coming into Libby.

Mayor Berget announced that the City was working on a planning and growth policy and that there are openings on the City Planning Board.

Mr. Roll, council member asked the City Attorney, Chuck Evans his opinion on what the city may do about this matter and if there is any recourse the city may have?

City Attorney, Chuck Evans took the floor and announced the last thing the City wants is a lawsuit.  Mr. Evans said he would like to talk to Mr. Fuller, owner of the rental space in the Libby Shopping Center that the Moose Lodge wants to lease.  Mr. Evans spoke of many statutes that pertain to this issue.  Mr. Evans again mentioned that he would like to talk to Brad Fuller before the council makes its decision.

Mr. McElmurry made a motion to get Mr. Evans and Mr. Fuller together before the council makes a decision.
Mr. Bothman seconded the motion.
Motion Passed.
Mr. Roll opposed.

Resolution 1694 to increase budget for River Front Park Pavilion; Mr. Bothman made a motion to accept the Resolution.
Mr. Roll seconded the motion.
Motion Passed

Lincoln Blvd. house, for sale by Mrs. Wicka;  Mayor Berget announced that the City is looking into the purchase of the Lincoln Blvd. house as a long term plan to extend the Blvd. through to the City Hall.

ADJOURNMENT

Mayor Berget adjourned the meeting at 9:34pm.

                                                           

Anthony Berget, Mayor

Glena L. Young, City Clerk

March 3, 2008 | Regular Meeting

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THE 1277th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 3, 2008 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. McElmurry, Mr. Bothman, Mrs. Williams, Mr. Bischoff and Ms. Leckrone of the City Council were present.  Glena L. Young, City Clerk/Treasurer, Mayor Berget, Dan Thede City Supervisor and Chuck Evans, City Attorney was also present.

Prayer was offered by Reverend Tony Shaw Libby Baptist Church.

Mr. Roll made a motion to accept the minutes from the Regular Meeting held February 4, 2008 and Special Meeting February 25, 2008.
Mr. Bothman seconded the motion.
Motion Passed unanimously

UNFINISHED BUSINESS

River Front Park Pavilion, Trent Oelberg asked the Council to accept the pavilion name as the Fred Brown Pavilion.
Mr. Bothman made a motion to accept the name.
Mr. Roll seconded the motion.
Motion Passed unanimously

Mark Breese of 2318 Granite Ck. Rd., Libby, representing LEAP, spoke on behalf of the public against the opening of another casino in Libby.

Resolution concerning alcoholic beverages in the Libby Shopping Center was tabled until a later date.  Resolution number was removed.

Resolution concerning gambling casinos in the Libby Shopping Center was tabled until a later date.  Resolution number was removed.

Resolution number 1696, Moose Lodge Business License.
Mr. Bothman made a motion to accept resolution 1696.
Mr. Roll seconded the motion.
Motion passed 4 to 2.
Mr. Roll, Mr. Bothman, Mr. McElmurry and Mr. Bischoff voted to accept.
Mrs. Williams and Ms. Leckrone voted against.

Business License Ordinance is still in Committee.

Police Social Security,  Mr. Bischoff made a motion to retain the city’s portion of the Social Security.
Ms. Leckrone seconded the motion.
Motion Passed Unanimously

NEW BUSINESS

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to pay Claims and Payroll for February 2008
Mr. Roll seconded the motion.
Motion passed unanimously

ANNOUNCEMENTS

Tom Wood announced that the LVFD has received two grants.  One is a $10,000 grant from Workers Comp.  The other is a FEMA grant for $175,000 that will need a match of $11,000 which Tom will ask for during the setting of new Budgets for FY-09.  The Rural Fire Board will pay ½ of the match.

City Clerk/Treasurer Glena L. Young wanted the Council to know that the city’s liability insurance is going up for FY-09.

COMMITTEE REPORTS

Tom Wood reported for the Libby Volunteer Department

Clay Coker reported for the Libby Police

HEAR THE PUBLIC

Vicki Lawrence of 801 California Ave, Libby asked the Council for permission to have a manual check for Tree Committee expenses.

Jim May of 1313 Louisiana Ave., Libby report that he has gotten no response to his request to get the snow off the sidewalks in front of his house that the city put there.

Dwayne Williams, 1103 Utah Ave., Libby also stated that snow and ice had been blown onto a vehicle parked in his driveway.

Lawrence Carlberg of 1004 Louisiana Ave., Libby wanted to know why there are no stop signs or speed limit signs on Wisconsin and 9th.

Arlen Magill of 801 Wisconsin Ave., Libby also would like to have stop signs put up on Wisconsin Ave.  He says there are a lot of children playing on Wisconsin but no stop signs to slow people down.

ADJOURNMENT

The meeting was adjourned at 8:54pm by Mayor Berget.

                                               

Anthony J. Berger, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL, TUESDAY, MARCH 18, 2008 @ 7:00PM

Meeting called to order at 7:03pm by Mayor Berget.  The Pledge of allegiance was done.

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone, Mr. Roll, Mrs. Williams and Mr. Bothman of the City Council were present. Mayor Berget, City Attorney, Chuck Evans and   Glena L. Young City Clerk/Treasurer were also present.

Mr. Roll made a motion to approve the minutes from the Council Retreat Feb. 16, 2008
Mr. McElmurry seconded the motion.
Motion passed unanimously.

Wicka house on Lincoln Blvd:  Mayor Berget spoke of buying the Lincoln Blvd. house by borrowing the money from the LADC fund and making payments back to the City from renting it out.  Mayors’ long term idea was to someday extend Lincoln Blvd. to the City Hall Building.  No motion was made.

Business License Ordinance:  Still in Committee.

Tungston Holdings, Alley Abandonment:
Mr. Bischoff made a motion to have the City Attorney, Chuck Evans draw up an Ordinance/Agreement to abandon the alley and retain a utility easement.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

City Clerk Glena Young to run Public Hearing announcement for Alley Abandonment in paper as soon as City Attorney draws up Ordinance/Agreement.

Kids for coalition, Meg Anderson:  Will be put on April agenda.

Back parking lot lights:  Will be on April agenda.

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to hold a second meeting every month on the 3rd Tuesday of the month.
Mr. Bischoff seconded the motion.
Motion Passed unanimously.

The Planning Board Working Committee will meet on April 7, 2008 at 6:00PM.

Bill Bischoff asked if APEC would come up with a plan for 6 pressure reduction stations.  They would like to do some testing before they do plan.  Cost issues to be put on future agenda.

Council ok’d two manuals for River Front Park Pavilion from Trent Oelberg.

ADJOURNMENT

Mayor Berget adjourned the meeting at 8:27pm.

                                                                                                     

Anthony Berget, Mayor

Glena L. Young, City Clerk

April 7, 2008 | Regular Meeting

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THE 1278th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 7, 2008 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, Mrs. Williams, and Mr. Bischoff of the City Council were present.  Glena L. Young, City Clerk/Treasurer, Mayor Berget, Dan Thede City Supervisor and Chuck Evans, City Attorney were also present.  Ms. Leckrone and Mr. McElmurry were absent.

Prayer was offered by Reverend Darwin Scofield of the Libby Baptist Church.

Mr. Roll made a motion to accept the minutes from the Regular Meeting held March 3, 2008 and Special Meeting March 18, 2008.
Mr. Bothman seconded the motion.
Motion Passed unanimously

UNFINISHED BUSINESS

Tungston Holdings, Alley Abandonment, draft resolution:  The council wants the resolution re-written to include all costs for relocation of water lines will be paid by Tungston Holdings.

Apec, cost for pressure reduction station plan:  Mr. Roll made a motion to approve the proposal from Apec, with costs not to exceed $6,500 and for Mayor Berget to be authorized to make the final decision if the money is available.
Mr. Bothman seconded the motion.
Motion Passed.

NEW BUSINESS

Coalition for Kids, Meg Anderson:  Was not present

Old High School: Gary Huntsberger of 479 Northwood, Libby, Mt. spoke about the questions concerning the clean-up and debris removal of the Old High School.  Mayor Berget informed Mr. Huntsberger that a letter had been received from Libby Lofts (the group doing the work) that responded to the questions concerning Mr. Huntsberger.

LATAG: Phillip Arquiaga, of 408 W Flower St, Libby, Mt. spoke about the W.R. Grace settlement agreement.

Tree Board:  Vicki Lawrence, of 804 California St, Libby, Mt. spoke about the work the tree board has been doing in the city and the plans for the future.  She also asked that Ordinance 1471 be enforced and the person who cut down the Ash tree be fined.

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to allow a manual check  to be done for the tree committee.
Mr. Bischoff seconded the motion.
Motion Passed

Mr. Roll made a motion to pay claims and payroll for March 2008.
Mr. Bothman seconded the motion.
Motion Passed

ANNOUNCEMENTS

Diane Bredeson and Pat King will no longer be able to care for the landscape in the triangle with the eagle in it.  Mayor Berget would like to do something nice for the ladies to thank them for what they have done.

Trent Oelberg announced that there would be a meeting at 5:30pm at the Little Theater to discuss the downtown Libby revitalization on Mineral Ave.  He also spoke about a Special Improvement District to cover the cost of the improvements on Mineral Ave.

Mr. Thede announced that there would be a meeting on the 14th of April with the Rural Development to talk about the Cabinet Heights Project.

COMMITTEE REPORTS

Mayor Berget read the Police report.

HEAR THE PUBLIC

Lawrence Carlberg, spoke about the need for stop signs in the Libby area.  Mr. Bothman commented that the committee is working on a complete plan that would include stops signs for the city.

Eugene Kirshman of 925 Quartz Rd. Libby, Mt. wanted the council to know that Rocky Mountain Hearing Aid, out of Kalispell comes to Libby twice a month to sell hearing aids and does not have a business license

Phillip Arquiaga wanted to see the downtown tree project move forward soon.

Clarence Johnson, wanted to know if the new tennis courts would do away with the walking path and if the walking path could be fixed.

Bill Cunnane was concerned about the Lincoln Co. Amateur Radio Group losing the area they use to the new tennis courts.

Steve Shuey of 517 E. Spruce, Libby spoke about trucks coming through Libby using their air brakes and the speed limit going through town around Spruce St.

ADJOURNMENT

The meeting was adjourned at 8:41pm by Mayor Berget.

                                                                                                     

Anthony J. Berger, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

THE 1279th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 15, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Council Chair Ms. Charlene Leckrone called the meeting to order @ 7:03pm and led the pledge of allegiance.

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

UNFINISHED BUSINESS

NEW BUSINESS

Relocation of Common Boundaries;  Tabled until May 5th meeting.

Special Improvement District;  Mr. Roll made a motion to start the SID process and asked Mr. Evans, City Attorney, to write a resolution stating, from 9th Street to Lincoln Blvd. along both sides of Mineral Avenues frontage property is to be the boundaries for the SID.  The amount of the SID is to be $25 a square foot.
Mrs. Williams seconded the motion.
Motion passed

Logger Days Road closure;  Mr. Bothman made a motion to grant the road closure for Logger Days.
Mr. Roll seconded the motion.
Motion passed

Approval of Planning Board member;  Arthur Eaton recommended, Mr. Bothman made a motion to except Mr. Eaton as a Planning Board member
Mr. Roll seconded the motion.
Motion passed

COUNCIL ACTION/DISCUSSION

ANNOUNCEMENTS

COMMITTEE REPORTS

HEAR THE PUBLIC

Trent Oelberg, spoke about the Downtown Revitalization on Mineral Ave.  He brought bids for trees at the cost of $5000 for 33 trees and spoke about the whole project on Mineral Avenue including, trees , lighting and watering.

ADJOURNMENT

The meeting was adjourned at 7:40 pm by Ms. Leckrone.

                                                                                                     

Charlene Leckrone, Council Chair

Glena L. Young, City Clerk/Treasurer

May 5, 2008 | Regular Meeting

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THE 1280nd  REGULAR MEETING OF THE CITY COUNCIL WAS HELD MAY 5,  2008 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Mayor Berget called the meeting to order at 7:05 and led the Pledge of Allegiance.  Roll was called.  Council members Mr. Bothman,, Mr. Bischoff, Mr. Roll,  Mr. McElmurry, Mrs. Williams  and Ms. Leckrone were present.  Tanya Gehrke, Deputy Clerk , Mayor Berget, Dan Thede, Supervisor of City Services and Charles Evans, City Attorney were also present.

Mr. McElmurry made a motion to accept the minutes from the April 7, 2008 and April 15, 2008  regular meetings.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

UNFINISHED BUSINESS

Tungsten Holdings regarding Alley Abandonment  in Block 11, Faust Addition Resolution #1698.  Once Resolution #1698 is rewritten to include all cost for relocation of water lines will be paid by Tungsten Holdings the Council voted to pass it.
Mr. Roll, Mr. Bothman, Mr. McElmurry, Mr. Bischoff and Ms. Leckrone voted in favor.
Mrs. Williams voted against the motion.

Resolution #1699 regarding creating a Special Improvement District to install new sidewalks, lighting and trees along the first two blocks of Mineral Avenue was amended to read Resolution of Intent to create a Special Improvement District.  Ms. Leckrone made a motion to accept the amended Resolution #1699.
Mr. Bischoff seconded the motion
Motion passed unanimously.  City Attorney Charles Evans copies of steps to create an S.I.D. to each council member.

Mr. Roll made a motion to pass the Relocation of Common Boundaries in Decker Addition Block 5, Lots 3,4, and 5.
Mr. Bothman seconded the motion.
Mr. Roll, Mr. Bothman, Mr. Bischoff, Ms. Leckrone, and Mrs. Williams voted in favor.
Mr. McElmurry voted against.

Trent Oelberg spoke regarding the Mineral Avenue Streetscape plan.  Mr. Bischoff felt that the costs should be cut.  Mr. Roll suggested getting started on some of the projects and holding off on others.  Mr. Bischoff asked if the S.I.D. didn’t pass is the City going to pay for the project?  Mr. McElmurry wanted to check with City Treasurer Glena Young on the availability of funds. Mayor Berget said that there is money available in cash reserves in Lighting.  The amount of $20,000.00 had been budgeted for this purpose and a budget amendment needs to be done in the amount of $20,000.00.  Mr. Roll made a motion to start the work with $40,000.00.
Ms. Leckrone seconded the motion.
Mr. Roll, Mr. Bischoff, Ms. Leckrone, Mrs. Williams, Mr. McElmurry voted in favor.
Mr. Bothman voted against.

NEW BUSINESS

Vicki Lawrence, 803 California Ave. of the Tree Board  reported that the Tree committee has planted 45 trees in the past 2 weeks.  She was asking the City Council’s support on the issue about a healthy tree being cut down by a family on Louisiana Avenue.  There were several issues brought up questioning if the tree was diseased and Vicki reported that it had aphids. Because of possible misunderstandings the City will pay for the cost of a deciduous tree to replace the one that was cut down.

Sandy Doubek 3666 Hwy 2 South, owner of the Pastime Bar requested a street closure on the 200 Block of Mineral for a Logger Days Street dance June 25 & 26, 2008 and a Rodeo dance July 25 & 26, 2008.  Because the Rodeo  Street Dance wasn’t on the agenda she will have to re-approach the Council in June for that event.  For the Logger Days dance the street will be closed from 6:00 p.m. until 2:00 a.m. and the music will quit at midnight.  Mr. Roll made a motion to allow the street closure.
Mr. Bothman seconded the motion.
Motion passed unanimously.

Jim Mee, representing the Cabinet View Country Club, questioned the Councils decision on removing the 2007 Lighting and Sprinkling assessment on one of their 2 separately deeded properties. Mayor Berget said that since the Cabinet View Country Club had filed papers to join the 2 pieces of property on Dec. 26, 2007 the City would remove one of the assessments. Mr. Bothman made a motion to remove the Lighting and Sprinkling assessment on one of the 2 pieces  of Cabinet View Country Clubs properties.
Mr. Roll seconded the motion.
Motion passed unanimously.  The City now needs to notify the Dept. of Revenue of the change so that they can get the change to the Lincoln County Treasurer’s Office.

Wally Winslow was addressed by Mayor Berget and City Attorney Charles Evans regarding well drilling in the City limits.  The City of Libby has hired an Attorney, Allan Payne and he will work with International Paper regarding the issue. The City has also hired Apec Engineering to try and come up with a plan to increase water pressure without installing pressure relief valves.   Apec is to have the information to the City by June 2008.

Mayor Berget removed himself from discussion regarding the Millwork West Subdivision.  Lisa Oedewaldt from Lincoln County Planning submitted the subdivision which is a 2 lot 6 acres subdivision.  The City has until May 30, 2008 to make a decision on it.

Resolution #1697 dealing with the transfer of $1,201.00 from the Cemetery Improvement fund to the General fund in the Cemetery was passed.  Mr. Roll made the motion.
Mr. Bischoff  seconded the motion.
Motion pass unanimously.

Mayor Berget questioned claim #22632 check #23577.  Dan Thede said that he wasn’t sure about the claim.  Ms. Leckrone made a motion to approve the claims minus #22632 until further discussion with Corky Pape about the claim.
Mr. Roll seconded the motion.
Motion passed unanimously.

Mayor Berget stated that the second meeting of the City Council will be held Tuesday May 20th, 2008. 

COMMITTEE REPORTS

Supervisor of City Services, Dan Thede reported the City has found someone to update our CAD machine/system so we would have the ability to print updated maps showing newly annexed property and water and sewer lines.  Sandra Owen said that she has the ability and she would work for $18.00 an hour.  She felt that she could complete the work in 1 week.  Also he reported that the work on the roof at City Hall has been scheduled.

Mr. Bischoff, with the Insurance Committee, reported that a representative from MMIA will be here on May 15, 2008.

Tom Wood, LVFD Chief, has received notification from ISO regarding the grading procedure that establishes fire insurance rates in Libby.  ISO will be in Libby the week of June 23, 2008.

Clay Coker, City Police Chief, reported that in April 2008 they received 265 calls and made20 arrests.  He discussed  the Montana Law Enforcement Testing Consortium System which would provide a larger pool to draw applicants from when hiring Officers.  There is a cost of $10.00 per Officer to join so the total cost would be $50.00.

Mayor Berget reported that the Montana Dept. of Commerce is having a luncheon at the Grouse Mountain Lodge in Whitefish on May 8, 2008 regarding the development of Montana’s Consolidated Plan.  The Consolidated Plan is used to identify the needs and allocate resources to provide assisted housing, and health and social services to communities.  Anyone interested in attending the luncheon it is from noon until 1:30.

HEAR THE PUBLIC

Robert Lethrud, 1232 Nevada Avenue, stated that he had been walking across the Flower Creek footbridge where he fell through the bridge and broke his glasses.  A plank from the bridge had been removed and he stated that the overall condition of the bridge is very poor. He requested reimbursement for the cost of new glasses and Mayor Berget explained that he needs to come to City Hall and submit a claim to MMIA. Robert Lethrud also requested a 4 way stop sign at the corner of Flower Street and Nevada Avenue. Also there are several cottonwood tree snags along the creek that are dangerous and need to be removed.

Bill Cunnane, Tina Brewer and Phillip Coblentz with the Libby Evangelical Area Pastors(LEAP) volunteered  their services if needed to offer prayers at upcoming Council meetings.

 Meeting adjourned at 8:49 p.m.

_______________________________________

Mayor Anthony J. Berget

Deputy City Clerk, Tanya R. Gehrke

                                                                                     

                                                                                     

THE 1281th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MAY 20, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Tony Berget called the meeting to order at 7:00pm and lead the Pledge of Allegiance.

Mr. Bischoff, Mr. McElmurry, Ms. Leckrone and  Mrs. Williams were present.  Mr. Roll and Mr. Bothman were absent.  City Attorney, Chuck Evans and City Clerk/Treasurer were also present.

Mr. McElmurry made a motion to accept the minutes from the May 5th meeting with the omission of Cami Winslow.
Mr. Bischoff seconded the motion.
Motion Passed

UNFINISHED BUSINESS

Gary Huntsberger was not present and asked before the meeting to be taken off the agenda.

Mr. Bischoff made a motion to approve the Millwork West Subdivision.
McElmurry seconded the motion.
Motion Passed

Mr. Bischoff made a motion to approve the Millwork West Subdivision, subject to the conditions submitted by the County Planning Dept. and Dan Thede.
Ms. Leckrone seconded the motion.
Motion Passed. A revision of the motion to approve the Millwork West Subdivision was made by MrBischoff to include, with the County Planning Dept. and Dan Thede.
Ms. Leckrone seconded the motion.
Motion Passed 

NEW BUSINESS

Melissa and Jason Beck requested a variance of Block 8 Lots 9, 10 & 11 of the Faust Addition from 25 ft. to 15 ft. Property located at 810 Dakota Ave.  The Mayor and Council will meet at the property on May 21, 2008 @ 8:00am before making a decision.  A decision will be made @ the next regular meeting on June 2, 2008.

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to approve payroll for April 2008.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

The Insurance committee recommended that the City of Libby remain with MMIA for FY-09.  Ms. Leckrone made a motion to accept the recommendation of the Insurance committee.
Mr. McElmurry seconded the motion.
Motion Passed

Matter of Terry Watson went to Personal committee.

HEAR THE PUBLIC

Mayor Berget adjourned the formal meeting and the council and mayor moved to the front table to discuss the gun use in the city limits and adjacent property in an open forum with the public.  City Attorney, Chuck Evans read from the MCA on the gun range laws.  Mr. Evans said that the Codes concerning issue start at 76-9-101.  It was agreed that the city has no right to govern outside the city limits, that the city would talk to the owner of the gun range, that the public could get together and take the issue to court or have a public meeting, that the city might be able the extend their limits to govern outside the city limits on this issue with a zoning ordinance, that this is a much larger issue than can be resolved in one meeting.

Lawrence Carlberg of 10004 Wisconsin, spoke again on the need for a stop sign and speed limit signs on the corner of Wisconsin and 8th Ave. and the  many stop signs around the city that are needed.  The public made comment.  The mayor and council were in agreement and will take it to committee.

ADJOURNMENT

The meeting was adjourned at 8:17pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

June 2, 2008 | Regular Meeting

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THE 1282th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 2, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Tony Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present.  City Attorney, Charles Evans and City Clerk/Treasurer, Glena L. Young were also present.

Phil Aspaw of the Libby Christian Church led us in prayer.

Mrs. Leckrone made a motion to accept the minutes from the June 2nd meeting with adjustments made by City Attorney, Charles Evans.
Mr. Roll seconded the motion.
Motion Passed

UNFINISHED BUSINESS

Variance – Jason and Melissa Beck;  Mrs. Leckrone would like to see building staked out so the council can see exactly how close to the street it would be.  Melissa Beck stated this could be done.  A Special Meeting on Monday, June 9, 2008 @ 5:30pm will be held to make a decision on the variance after the council has inspected the building layout.

NEW BUSINESS

Street Closure, Sandy Doubek; asked for a street closure for July 25 & 26 from 6pm to 2am for a street dance and August 15th for a street dance after the Igniters Car Show, from 10pm-2am.  Mr. Roll made a motion to allow the street closures.
Mr. Bischoff seconded the motion.
Motion Passed

Amended Lot 5 Westland Subdivision – Public Hearing; Lisa Oedewalt presented the subdivision to the council.  There were some DNRC recommendations.  Lisa Oedewalt will email new updates to the City Clerk/Treasurer.  The city will have until July 9th to make a decision.

Mr. Roll made a motion to pass Resolution 1700 & 1701 amending the city budget for FY-08.
Mr. Bothman seconded the motion.
Motion Passed

Police Officer Mark Graziano took the Oath of office and was sworn in.

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to pay claims and payroll for May 2008.  Mr. Roll seconded the motion.  Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

Public Safety Committee recommended stop signs be put at Cedar and Main and Wisconsin and 9th.

Police Chief Clay Coker gave a police report.

Fire Chief Tom Wood gave a fire report.  Mr. Wood also told the council that the new fire grant would need a 5% match totaling $9000 and that the Rural Fire was donating $1400 toward the match money.

The Mayor read the written memo supporting local merchants that will be given to all city departments and volunteers.

HEAR THE PUBLIC

Allen Olsen of 976 Hwy. 2 South spoke about the Tree Board not giving him a chance to quote prices on the trees they have purchased and that the city is purchasing wholesale and should not be because he is not a wholesalers but a retailer.  He also stated that he does not believe that the city buying wholesale is legal.

Stu Crismore of 1314 Dakota, would like to see the tree board give the local merchants an opportunity to quote a price on trees for the city.

Trent Oelberg of Libby Revitalization wanted it made clear that they have not purchased any trees yet for the Mineral Ave. Revitalization.

Bill Cannane of 622 Michigan Ave. spoke on the fact that the cities local nurseries should be allowed to bid on trees for the city and that local businesses need to be kept aware of where they stand in the bid process.

Councilman Doug Roll would like to hear Vicky Lawrence, of the Tree Board, side of the story since she was not there to defend herself.

Stu Crismore made it clear that Blossom Boutique did not get a chance to make a bid or quote prices on the trees the Tree Board have purchased.

D.C. Orr of 1117 Nevada Ave. said this is not just the tree board we are talking about.  He said the city does not have a policy for contracting & thinks there should be one.

Duane Williams of KLCB wanted to know what the bid requirement for the city is.  He also stated that it may be legal for the city to purchase from a wholesale nursery.

Mayor Berget stated that anything over $25,000 is required to go out for bid.

R. Lethrude of 1232 Montana Ave. Wanted to thank the city for covering the foot bridge over Flower Creek.  He also stated that the City Insurance Co. says they will not pay his claim unless the city was negligible, which he thinks the city was.

Trent Oelberg of Libby Revitalization would like a starting date for the Mineral Ave. project and would like the SID to move forward.  The city lighting fund is to be used for Mineral Ave.  project lighting.

ADJOURNMENT

The meeting was adjourned at 9:35pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

SPECIAL MEETING CITY COUNCIL CHAMBERS, CITY HALL MONDAY, JUNE 9, 2008 @ 5:30

Councilman Doug Roll called the meeting to order and 5:34pm and led the pledge of allegiance.

Mrs. Williams, Mr. Bothman, Mr. Roll, Mr. McElmurry & Mr. Bischoff were present.  City Clerk/Treasurer Glena L. Young was also present.  Ms. Leckrone, Mayor Berget and City Attorney Charles Evans were absent.

Variance – Jason and Melissa Beck; Mr. McElmurry made a motion to approve the variance.
Mr. Bischoff seconded the motion.
Motion passed unanimously.

COUNCIL ACTION/DISCUSSION

ADJOURNMENT

Mr. Roll adjourned the meeting at 5:40pm and opened the working committee meeting.

WORKING COMMITTEE

The Mineral Avenue Streetscape was discussed.  It was decided to put the SID-Streetscape on the next agenda and make a decision at that time.

______________________________

Doug Roll, Councilman

Glena L. Young, City Clerk

                                                                                     

                                                                                     

THE 1283rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JUNE 17, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Councilman Doug Roll called the meeting to order at 7:02pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman,  Mr. McElmurry and Mr. Bischoff were present. City Supervisor, Dan Thede and City Clerk/Treasurer, Glena L. Young were also present. Ms. Leckrone and City Attorney, Charles Evans was absent.  Mayor Berget attended the meeting late due to another engagement.

Mr. McElmurry made a motion to accept the minutes from the Regular Meeting June 2, 2008 and Special Meeting June 9, 2008.
Mrs. Williams seconded the motion.
Motion Passed

UNFINISHED BUSINESS

Streetscape, Trent Oelberg; Mr. Bischoff made a motion to proceed with the Mineral Ave.  Streetscape project and the SID.
Mr. Bothman seconded the motion.
Motion Passed

Mr. Bothman made a motion to amend Resolution 1699 to strike, specifically excepting where the Subway is located, so that the Subway will be included in the SID.
Mr. McElmurry seconded the motion.
Motion Passed

Mr. McElmurry made a motion to include the 5% interest in the public notice for the SID, using Glena Young’s, version.
Mr. Bothman seconded the motion.
Motion Passed

Mr. Bischoff made a motion to accept the recommendations of the committee on the new Business License Ordinance.
Mr. McElmurry seconded the motion.
Motion Passed

It was decided that the ordinance needs to be updated and presented at the next council meeting for approval.

Mr. McElmurry made a motion to approve Amended Lot 5 Westland Subdivision.
Mrs. Williams seconded the motion.
Motion Passed

NEW BUSINESS

Fireworks display, Kelly & Ronda O’Brien; Mr. Bothman made a motion to approve Fireworks display on June 27, 2008 during Logger Days.
Mr. Bischoff seconded the motion.
Motion Passed

Mr. Bischoff made a motion to pass Resolution # 1702, lighting budget for streetscape.
Mrs. Williams seconded the motion.
Motion Passed

Mr. Bischoff made a motion to pass Resolution #1703, budget amendment.
Mr. McElmurry seconded the motion.
Motion Passed

Variance, Catherine Kinniburgh;  Mr. Bothman made a motion to grant a variance to Catherine Kinniburgh to have a business of buying and shipping edible mushrooms from 1217 Main Avenue, Libby.
Mrs. Williams seconded the motion.
Motion Passed

Kootenai Heritage Council, Greg Woods;  Street Closure to film a commercial for the Libby Volunteer Fire Dept. and Libby Volunteer Ambulance, tabled until next council meeting July 7, 2008 due to change of date on request.

COUNCIL ACTION/DISCUSSION

Councilman Doug Roll turned over the meeting to Mayor Berget upon his arrival.

Little Libby, song by Tom Bellacosa;  Mr. Roll made a motion to pay Mr. Bellacosa $100.00 for recording costs for the Little Libby song and the rights to re-record and sell if the city wishes.
Mr. Bothman seconded the motion.
Motion Passed

Additional gallons of water,  June thru August;  The council agreed, per meeting last year, that the additional gallons of water would 2000 gallons from June thru August 2008.  No decision was made on the tax liens.

Mr. Roll made a motion to approve the update on the Personnel Policy concerning compensation time.
Mr. Bischoff seconded the motion.
Motion Passed

Mr. Roll made a motion to accept the three year contract for Auditor Nicole Noonan, to perform the City’s audits.
Mr. Bischoff seconded the motion.
Motion Passed

Mr. McElmurry made a motion to accept the County Dog Control agreement.
Mr. Roll seconded the motion.
Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

HEAR THE PUBLIC

ADJOURNMENT

The meeting was adjourned at 8:02pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

July 7, 2008 | Regular Meeting

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THE 1284TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 7,  2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:02pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present. City Supervisor, Dan Thede and City Clerk/Treasurer, Glena L. Young and City Attorney were also present. Mr. Bothman was absent.

Prayer led by Pastor Lloyd Miller, Libby Amish Church.

Mr. Roll made a motion to accept the minutes from the Regular Meeting June 17, 2008.
Mr. McElmurry seconded the motion.
Motion Passed

UNFINISHED BUSINESS

Trent Oelberg gave the council an update and passed out a schedule for the construction of the Fred Brown Pavilion at the River Front Park.

The Kootenai Heritage Council asked for a street closure on E. Lincoln Blvd. and Montana Ave. to film a Public Service Announcement for the Libby Volunteer Fire department and Libby Volunteer Ambulance on July 26th, 2008 from 10:00am to 12:00pm.  Ms. Leckrone made a motion to grant the street closure.
Mr. Roll seconded the motion.
Motion Passed

NEW BUSINESS

The Mayor and Council discussed the need for handicapped parking around Achievements located on Mineral Ave.  It was decided to put handicapped parking around Achievements on the next Agenda.

Resolution #1704, to set a budget for the Fire Department Grant was presented to the council.  Mr. Roll made a motion to pass Resolution #1704
Mr. Bischoff seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

The updated Business License ordinance was given to City Attorney Chuck Evans to retype and present at the next meeting for approval.

Mr. Roll made a motion to OK the payment of Claims and Payroll for June 2008
Mrs. Williams seconded the motion.
Motion Passed

Ms. Leckrone made a motion to OK two manual checks to be issued
Mr. Roll seconded the motion.
Motion Passed

Officer James Brandon Littrell was sworn in as an officer of the City of Libby Police Department.

Mr. McElmurry brought up the stop sign issue.  Stop signs were discussed between council, mayor and persons attending the meeting.  Mr. Roll made a motion to put a stop sign on the corner of Wisconsin and 9th
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

Jeff Forster who wanted to talk to the council about code violation enforcement in the City of Libby was not present.

It was decided the council would look over the weed ordinance.

COMMITTEE REPORTS

Police Chief Clay Coker gave a Police report for the month of June 2008.

HEAR THE PUBLIC

Lee Disney of 2580 Bear Creek Rd., Libby wanted to let the council know that he was the new contact person for Libby Lofts and to please contact him if needed.

ADJOURNMENT

The meeting was adjourned at 8:00pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

THE 1285TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JULY 15,   2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Ms. Leckrone and Mr. Bischoff were present. City Clerk/Treasurer, Glena L. Young and City Attorney Chuck Evans were also present. Mr. Bothman and Mr. McElmurry were absent.

Mr. Roll made a motion to accept the minutes from the Regular Meeting July 7, 2008.
Leckrone seconded the motion.
Motion Passed

UNFINISHED BUSINESS

Handicapped parking around Achievements; Mayor Berget commented that the City needs to check the handicapped area and crosswalk located by achievements.  Mr. Roll made a motion to grant handicapped parking by achievements per Street Supervisor Corky Pape’s recommendations.
Ms. Leckrone seconded the motion.
Motion passed.

City Attorney, Chuck Evans was not present at the time the Business License Ordinance came up on the agenda.  There was no mention of the new Business License Ordinance that Mr. Evans was suppose to supply when Mr. Evans arrived later in the evening.

NEW BUSINESS

There was no new business to discuss.

COUNCIL ACTION/DISCUSSION

Police Chief Clay Coker gave a report concerning the need for more stop signs in Libby.  Mr. Coker went back for the last eighteen months and reported 202 accidents with only 16 at open intersections.  He had no recommendations on where the need might be for new stop signs.  Ms. Leckrone brought up putting a crosswalk across Nevada by the walking path coming from the Middle School.

City Clerk Glena L. Young reported that the preliminary budgets were being completed for council approval.  The Tree Board would like the City to give them a $2000 budget to hire someone the prune and water the trees they have planted that are not being taken care of by the landowners.  It was decided to make the second meeting in August a working budget committee meeting.  City Clerk, Glena L. Young said she would have the preliminary budgets done by the second meeting in August 2008.

ANNOUNCEMENTS

Trent Oelberg, gave an update on the Fred Brown Pavilion.  Mr. Oelberg stated that the EPA was finished with their clean up and the site tested clean of asbestos.  Mr. Oelberg stated that they will be ready for footings this week and that they are on schedule.  The Libby Park District will fund up to $10,000 to help with concrete and Mr. Oelberg asked the City to fund $11,000 for lighting.  Mayor Berget would like the budget for $11,000 to come out of parks budget.

COMMITTEE REPORTS

HEAR THE PUBLIC

ADJOURNMENT

The meeting was adjourned at 7:55pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

August 4, 2008 | Regular Meeting

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THE 1286TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 4,   2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Prayer offered by Robert Mast of the Amish Community Church.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present. City Clerk/Treasurer, Glena L. Young, City Supervisor, Dan Thede and City Attorney Chuck Evans were also present.

Mr. Roll made a motion to accept the minutes from the Regular Meeting July 15, 2008 with the paragraph concerning the Business License Ordinance stricken from the minutes.
Mr. Bischoff seconded the motion.
Motion Passed

UNFINISHED BUSINESS

There were no Public Comments concerning the SID.

Mr. Bischoff made a motion to approve the Final SID Resolution # 1709 (Mineral Ave. Beautification Project)
Mr. McElmurry seconded the motion.
Motion Passed.

Business License Ordinance # 1708 was read by Mayor Berget.  It will be put on the August agenda for approval after public comment on August 19, 2008.

NEW BUSINESS

Mr. Roll made a motion to accept Resolution # 1705; Economic Development Loan to City of Libby for new roof
Ms. Leckrone seconded the motion.
Motion Passed.

Mr. D.C. Orr of 1917 Nevada Ave. asked what the payments would be for the loan from the Economic Development Fund to the City of Libby.  Mayor Berget answered the question stating the payments would be ($7,409.77), Seven Thousand, Four Hundred Nine Dollars and 77/100, per year for 15 years.

There was an amendment to Resolution # 1706, Minimum water usage during the summer months, to strike out the increased water usage for the commercial users.

Mr. Roll made a motion to accept Resolution # 1706 with the changes stated above.
Mr. Bothman seconded the motion.
Motion Passed.

Mr. Roll made a motion to accept Resolution # 1707, to expend lighting fund monies in the amount of $52,342 to pay for the lighting on the Mineral Ave. SID
Mr. Bothman seconded the motion.
Motion Passed.

Barbara Turner of 1003 Main Ave. came before the Council to ask for a variance to keep her two Pit Bulls in the City Limits.  Ms. Turner was asked to give the information she brought to the council to go to committee for revision review and a decision to be made at a later date.  Kayrie Lippert of 711 Commerce Way apt#10 spoke for Ms. Turners Pit Bulls stating that she and her family had been around Ms. Turners Pit Bulls and they were well behaved and have never scared her or her family.  Richard Devine of 2113 Hwy 2, spoke for Ms. Turners Pit Bulls stating they were very nice dogs and well behaved.  John Myster of 1003 Main Ave. stated that unless they are able to keep their Pit Bulls in the City of Libby they will not be able to buy the house at 1003 Main Ave.  Jordan Turner of 1003 Main Ave.  stated that she loves her dogs and really wants to keep them.  Dayton Myster of 1003 Main Ave. stated that the dogs are very nice and that he loves his dogs and wants to keep them.

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to approve Payroll and Claims for July 2008.
Ms. Leckrone seconded the motion.
Motion Passed.

Ms. Leckrone made a motion to accept the gas, diesel and propane bid from Moore Oil and the crushed gravel bid from Remp Sand and Gravel.
Mrs. Williams seconded the motion.
Motion Passed.

It was decided to have a Working Committee Budget Meeting on August 12, 2008 @ 6:00pm.

It was also stated that the new breakfast meeting place would be at the Venture Inn starting August 13, 2008 at 7:00am.

ANNOUNCEMENTS

Trent Oelberg gave an update on the Fred Brown Pavilion.

COMMITTEE REPORTS

Tom Wood reported on the Fire Department.

HEAR THE PUBLIC

There was no public comment.

ADJOURNMENT

The meeting was adjourned at 8:10pm by Mayor Berget

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                     

BUDGET WORKING COMMITTEE MEETING

TUESDAY, AUGUST 12, 2008 @ 6:00PM IN THE COUNCIL CHAMBERS

Meeting started at 6:00pm. All council members were present.

There was a discussion of the budget for FY-09.

The meeting ended at 8:15pm.

______________________________

Mayor Anthony J. Berget, Mayor

Glena L. Young, City Clerk/Treasurer

                                                                                     

                                                                                   

THE 1287TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, AUGUST 19, 2008 AT 6:00PM IN THE COUNCIL CHAMBERS

Council president Charlene Leckrone called the meeting to order at 6pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present.   City Supervisor Dan Thede and City Attorney Chuck Evans arrived at 7pm.  Absent was Mayor Tony Berget and City Clerk/Treasurer Glena L. Hook.

Mr. Roll made a motion to accept the minutes from the regular meeting of Monday, August 4th with the correction of changing the work revision to review (bottom paragraph regarding Ms. Turner).
Mr. Bothman seconded the motion.
Motion passed.

Mr. Roll made a motion to accept the minutes of budget working committee meeting on Tuesday, August 12, 2008.
Mr. McElmurry seconded the motion.
Motion passed.

PUBLIC HEARING: 2nd reading of business license.  Hearing no public comment the public hearing was closed.

PUBLIC HEARING:  Sewer and water rate increase.

Ed Dutton, 1014 Mineral Avenue.  Mr. Dutton recently returned to Libby and cleaned his lawn of stumps and debris.  After receiving a water bill of $118.00 last month he feels that he is being docked because he has a nice lawn.

Valarie Parson, 186 Pioneer Rd.   Ms. Parsons asks why there is another rate increase?   Mr. McElmurry responded that the increase helps cover the increased cost of chemicals, shipping and costs of operating the water treatment plant.  Our 26 year old wastewater treatment plan needs work and the city needs to build the reserve to accomplish that.

Verna Siebenforcher, 1401 Idaho (since 1958).  Ms Siebenforcher wanted to know what happened to the sprinkling credit during summer months.  Mr. Bischoff responded that the city had hired an attorney and was in negotiation with International Paper to restore the funds for those credits.  She also questioned how the sewer charge is computed.  Mr. Roll explained.  Her next inquiry was why the information about the sewer and water increases were not mailed to users as in the past.  No one knew why that had not been done.

Mark Schell, 304 West Larch.  Mr. Schell moved to Libby in June, 2007.  His bill had been $35.00 consistently, then  jumped to $50.66.  The increase could possibly be explained by the sewer charge being missing when the bill was only $35.00.   He was advised to check with the billing clerk for a full explanation.  As rates increase when can we expect to see some repair? The town is in terrible repair, the eagle area is a weed patch.

Ed Dutton, 1014 Mineral Avenue.   Mr. Dutton asked what the reasoning is, when so few people keep their property looking good pay a price and felt the cost should be distributed more equally among everyone.   He also commented that living on Mineral Avenue he sees the problems caused by the unmarked three lane intersection in which drivers make  incorrect turns.  He feels that it is an accident waiting to happen.

Valarie Parsons, 186 Pioneer Road.   Ms. Parsons would like to get a mailing on future proposed increases, as well as notification of the extra 2,000 gallons.  She does not buy the local papers, purchases the Kalispell paper instead.  Ms. Parsons does feel that the city does a good job of maintain roads.

Hearing no other public comments the public meeting on water and sewer increases was declared closed.

UNFINISHED BUSINESS:

Resolution 1710, Resolution by the city council of the city of Libby, Montana approving a rate increase for the city’s water system  and Resolution 1711, Resolution by the city council of the city of Libby, Montana approving a rate increase for the city’s sewer system.

Mr. McElmurry made the motion to accept Resolution 1710 and Resolution 1711.
Mr. Roll seconded the motion.
Motion passed.

Resolution 1706 adjusting the base minimum gallon usage for the city’s water users during the summer months.

Mr. Roll made the motion to add back into the resolution the addition  commercial increase to 10,000 gallons per month.
Mr. Bischoff seconded the motion.
Motion passed.

City Service Road Right of Way.

Mr. Bothman reported on the purchase of right of way on City Service Road.  He asked the council to approve $6,500 to make the purchase from Joanne Newman.  $4,995.00 is the asking price for the strip of property, $1,505.00 for any fees and costs of the purchase.  The property across the road has 4 owners on the title, it will take a couple weeks to track them all down.

Mr. Roll made the motion to approve $6,500 for the purchase of right of way from Joanne Newman.
Mr. Bothman seconded.
Motion Passed.

NEW BUSINESS

Steve Schnackenberg, Schnackenberg and Nelson Funeral Home wants to build a niche wall at the city of Libby cemetery.  The request was sent to committee for recommendation.   The niche wall would  hold up to 40 sets of remains and would allow for more flexibility at the cemetery.  Current rule restricts 2 sets of remains per grave. Mr. Schnackenberg understands he will need to buy 2 lots.  The niche wall will be a significant investment on his part and he is willing to do so.    He has spoken with Mr. Thede and there seems to be adequate space between blocks 1 & 2.  His understanding is the lots would sell at face value.   He is looking at spending around $15,000.  The wall would be double sided.  To place it in the newer section would require 4 lots and a code change.  The sidewalk comes with niche walks.  He would like to do it this fall.

PUBLIC HEARING:  Townsend Subdivision

Lisa Odewaldt, county planner presented proposed major subdivision “Townsend” with legal description SE 1/4 NE1/4

Section 4 Township 0 North, Range 31 West, PMM. The subdivision will create 2 commercial lots.  One current is occupied by Napa.  The second lot being created will become the home of a credit union.

Hearing no public comments the hearing was closed.

Kendra Lind presented  proposed revisions to the current air pollution control ordinance. Those revisions are needed to allow for better enforcement of the current ordinance.  A joint county/city public hearing will be October 1st at 10am in the Lincoln County Commissioners office.

Ms Leckrone read the proposed changes.
Mr. Roll made a motion to accept the revisions to the current air pollution control ordinance.
Mr. McElmurry seconded.
Motion passed.

Mainstreet request for ED grant.   Trent Oelberg  requested the council consider a $39,000 grant to complete streetscape on Mineral Avenue.

It was decided to have a council working committee meeting on the streetscape project, Tuesday, August 26th at 6pm.

COUNCIL ACTION/DISCUSSION

Request for variance request to allow Ms Turners pit bulls in the city limits.

It was the recommendation of the Ordinance committee that the variance request be denied.  It was recommended that the family be given 30 days to relocate.   Mr. Evans then stated that the council could not grant a variance.

Mr. Bothman  made the motion to grant the family 30 days to come into compliance with the ordinance.
Mr. Roll seconded.
Motion passed.  The 30 days begins end as of September 20.

Mr. Bischoff made a motion to accept the preliminary budget with one amendment to increase legal fees to 33,000.
Mr. Roll seconded.
Motion passed.

COMMITTEE REPORTS

It is the recommendation of the police committee that Chief Coker be allowed to attend the FBI academy, but he must use accumulated comp time, leave time etc to do so.
Mr. Roll made a motion to accept the recommendation.
Mr. Bischoff seconded.
Motion passed.

The meeting was adjourned.

________________________________

Council Chair, Charlene Leckrone

Attest:

________________________________

Council Person, Peggy Williams

September 8, 2008 | Regular Meeting

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THE 1288TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, SEPTEMBER 8, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

Council president Charlene Leckrone called the meeting to order at 7:01pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present.   City Attorney Chuck Evans and City Clerk/Treasurer, Glena L. Hook were also present.  Mayor Berget was absent.

Prayer was offered by Reverend Sherry Edwards, of the First Presbyterian Church.

Mr. McElmurry made a motion to accept the minutes from the regular meeting of Tuesday August 19, 2008 with the correction of changing the word began to end in second paragraph under Council Action/Discussion. This is the paragraph pertaining to granting Pit Bull dogs to be kept inside the city limits.
Mr. Bischoff seconded the motion.
Motion passed.

Ordinance # 1708, final reading and passage of Business License Ordinance; Mr. Bothman made a motion to accept Ordinance # 1708.
Mrs. Williams seconded the motion.
Motion passed.

Townsend Subdivision;  Mr. McElmurry made a motion to approve the Townsend Subdivision with City Supervisor, Dan Thede’s recommended requirements and Lincoln County Planning’s recommendations.
Mrs. Williams seconded the motion.
Council member Mr. Bischoff abstained from voting on the Townsend Subdivision.
Motion passed.

Niche Wall, S. Schnackenberg; The committee recommended the approval of the Niche Wall with the conditions as follows. 1)  The location of the niche wall be along the creek in the area of the old rose garden.  This location is unsuitable for grave sites but would offer an attractive, easily accessible site for an above ground structure such as Mr. Schnackenberg is proposing.  The city will sell Mr. Schnackenberg the equivalent two grave sites for the construction of the facility.  2)  The short term and long term maintenance of the niche wall belongs to the Schnackenberg Funeral Home and its successors or assigns.  A fee of 15% of the sale price of each niche will be assessed and paid to the City of Libby for a permanent fund that will be set aside for the perpetual care of the cemetery.  3)  A written agreement outlining each parties responsibilities will be drawn up so that there will be no future misunderstandings of ownership and maintenance responsibilities of the niche wall and the grounds surrounding it.
Mr. Bischoff made a motion to approve the committee’s recommendations and sell Schnackenberg Funeral Home the 2 lot equivalent for $600.00.
Mr. McElmurry seconded the motion.
Motion passed.

Mrs.  Williams made a motion to approve payroll and claims for August 2008.
Mr. Bothman seconded the motion.
Motion passed.

The committee recommended that the Mineral Ave. Streetscape be started first thing in the spring of 2009.  Phillip Erquiaga of 82 Cedar St. Ext. asked if the money for the streetscape would still be available in the spring of 2009.  Council Chair Ms. Leckrone explained to Mr. Erquiaga that the money already set for the Mineral Ave. streetscape would be budgeted and would be available in the spring.  Bill Cunnane of 622 Michigan Ave.  stated he did not like the idea of using money for the streetscape before it is collected.  City Clerk/ Treasurer explained that the only money being used before collection is the SID tax money that, the owners of the property in the streetscape district are paying back over a 20 year period and that this is a very small amount of the streetscape project cost.

Trent Oelberg reported that the Tree Board is trying to get a grant to pay for the trees needed for the Mineral Ave. streetscape and also more trees to be planted on Lincoln Blvd.  Vicky Lawrence stated that with part of the grant money they would like to tie into the Mineral Ave. streetscape irrigation system to water the trees to be planted on Lincoln Blvd.

Jim Regh of 95 Regh Ave.  stated that he would like to annex some of his property into the city.  Dan Thede explained that Mr. Regh knows he would need to put together a request for annexation and come before the Council.  His request will be put on the next agenda September 16, 2008.

Ms. Leckrone adjourned the meeting at 7:45pm.

 

________________________________

Council Chair, Charlene Leckrone

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

 

THE 1289TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, SEPTEMBER 16, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone and Mr. Bischoff were present.   City Attorney Chuck Evans and City Clerk/Treasurer, Glena L. Hook was also present.  Mayor Berget and Council member Mr. McElmurry was absent.

Mr. Roll made a motion to accept the minutes from the regular meeting held Monday September 8th 2008.
Mr. Bischoff seconded the motion.
Motion passed.

UNFINISHED BUSINESS

Niche wall boundaries; Mrs. Williams met with Mr. Schnackenberg to stake out the Niche Wall area.  Mr. Thede will have Blocks extended so that the boundaries are set before the sale of the two lots for the Niche Wall.  Mr. Evans, the City Attorney, recommended that the City not sell the property for the Niche Wall, but do a 99 year lease.

Regh Annexation;  The council decided that a recommendation from Dan Thede with a legal description was needed before the Regh property is annexed into the city.  The Regh annexation will be put on the next council meeting agenda.

Gary Huntsberger of 533 Northwood wanted a response to question in a letter he wrote to council about Libby Lofts in March of 2008.  Mr. Huntsberger would like more information before the sale of any of the property at the Libby Lofts site and believes a Declaration of Condominium should be present.  Mr. Huntsberger stated that he gave questions to City Attorney Chuck Evans.  Mr. Evans stated that he had read the question that Mr. Huntsberger had given him and that he did not believe that the there is anything the city needs to act upon at this point.

Gary Huntsberger of 533 Northwood also wanted to know what is happening to the ED Fund, formally known as the LADC Fund.  Mr. Huntsberger wanted to know if the ED money is still available to be granted for Economic Development in Libby.  Mayor Berget stated that a lot of the ED Money is tied up at the moment but that he estimated about 4 million would be coming back into the ED Fund and that he hopes to open the funds for Grants and Loans at that time.

Lee Disney of 2580 Bear Ck. Rd. wanted the council to know that Libby Lofts was well aware of Mr. Huntsberger’s concerns.  He stated that since the loss of Eric the Libby Lofts person that was handling this part of the project that Libby Lofts was in the process of learning and putting in place requirements.  He wanted Mr. Huntsberger to know that property at Libby Lofts has not been sold but they have investors and that they are very careful about following the rules and regulations of a project like this.

NEW BUSINESS

Barbara Turner of 1003 Main Ave. Libby, came before the council and announced that one of her Pit Bulls had to be put to sleep because of a cancerous disease.  She stated that her other (thought to be) Pit Bull as not a Pit Bull but an American Bull Dog.  She stated that Dr. Griffiths of the Treasure Valley Veterinary Clinic agrees with the change in the dog’s breed.  The council asked Barbara Turner if she could ask Dr. Griffiths to verify in writing that the dog in question was not a Pit Bull but an American Bull Dog.  Barbara Turner told the council that Dr. Griffiths was reluctant to put it in writing because for one thing the DNA of the dog could not prove that it was not a Pit Bull.  City Attorney, Chuck Evans told Barbara Turner that it would not be a decision of the council but a decision of the courts and that when and if she was ticketed that would be the time to go before the judge with evidence that her dog was not a Pit Bull.

Resolution 1712, final budget for FY-09; Mr. Roll made a motion to accept Resolution 1712.
Ms. Leckrone seconded the motion.
Motion Passed.

Resolution 1713, salary and wages for FY-09; Mrs. Williams made a motion to accept the salary and wages for FY-09.
Mr. Bothman seconded the motion.
Motion Passed.

ANNOUNCEMENTS

Mayor Berget made an announcement that the seasonal help hourly wage will be increased to $10 per hour starting in the spring of 2009 and that it had been budgeted for.

COMMITTEE REPORTS

The committee will make its final recommendation at the next council meeting to be held on October 6th 2008 with reference to the cost of the cemetery lots in the City of Libby Cemetery.

ANNOUNCEMENTS

Mayor Berget announced that the Montana League of City and Towns annual conference was being held October 8-9 and 10, 2008 in Missoula.

Mayor Berget announced that the Fred Brown Pavilion needed volunteers to help with the pavilion.

HEAR THE PUBLIC

Lee Disney of 2580 Bear Creek Road, asked if it would be possible for the council to meet on Mondays instead of one Monday and one Tuesday a month.  Mr. Disney stated that it conflicted with the school board meetings.  Mayor Berget mentioned that because of conflict with some of the council that Tuesdays were chosen for the second meeting.  Mayor Berget also asked Mr. Disney if he thought that an open meeting with the school board and the council would be of interest.  Mr. Disney stated that he thought it was a good idea.

Ron Carter of 614 West 4th St, asked if it was in the bylaws or council procedures that a person can not ask another person a question during a council meeting.  Mr. Evans stated that per the council rules of procedure that only one person may address the council at a time.  Mr. Evans said that after the Mayor has recognized a person that person may address questions and commits to the council but that you could not ask questions of the audience.  The questions and commits are to be addressed to the council only.

The meeting was adjourned at 8:00pm.

________________________________

Mayor Anthony J. Berget

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook

October 6, 2008 | Regular Meeting

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THE 1290TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 6, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:05pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. Bischoff and Mr. McElmurry were present.   City Supervisor, Dan Thede, City Attorney, Chuck Evans and City Clerk/Treasurer, Glena L. Hook was also present.

Prayer was offered by Pastor Cory Andersen of the Church of God.

Ms. Leckrone made a motion to accept the minutes from the regular meeting held Tuesday, September 16th 2008 & Special Budget Meeting September 29th, 2008.
Mr. Roll seconded the motion.
Motion passed.

UNFINISHED BUSINESS

Mr. Roll made a motion to accept the Regh annexation per City Supervisor, Dan Thede’s recommendation.
Mr. Bothman seconded the motion.  Motion Passed.
City Attorney Chuck Evans stated that a resolution to annex Regh’s property needed to be written and approved.

Councilwoman Peggy Williams stated that the committee was not ready to recommend changes to the cemetery lots fees at this time.

NEW BUSINESS

First Reading Air Pollution Control Ordinance # 1717; Mr. Bischoff made a motion to pass the first reading of Ordinance #1717, Air pollution control.
Mr. McElmurry seconded the motion.
Motion Passed.

Brent Teske’s leave of absence request was tabled until the next council meeting.

Resolution # 1716, amending the FY-09 budget; Mr. Bischoff made a motion to approve Resolution 1716.
Mrs. Williams seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

Ms. Leckrone made a motion to approve payroll and claims for September 2008.
Mrs. Williams seconded the motion.
Motion Passed.

Council ok’d to pay a $250.00 claim cleaning the overspray on car done during the spraying of the Fred Brown Pavilion.

ANNOUNCEMENTS

Mayor Berget announced that the City of Libby’s 100 year anniversary is coming up in 2009.

Trent Oelberg announced that  they would like to dedicate the Fred Brown Pavilion on November 1, 2008 @ 1:00pm and would like the Mayor and Council to be present.

HEAR THE PUBLIC

DC Orr of 1117 Nevada Ave., stated that Kootenai Pets for Life has drilled a well on city property and thought that someone from the city knew about the well being drilled before it was drilled.  Mr. Orr stated that the well is in direct violation of the city’s well ordinance.  Mayor Berget stated that the city well ordinance is pretty vague on hooking up to city water where it is not available and needs to be updated.  The mayor also stated that city water is not available across the river where Kootenai Pets for Life is going to be located.  Mr. McElmurry stated there should be something in the ordinance to allow wells to be drilled across the river, but still in the city limits.

Bill Canane stated that the ham operator’s radio group in Libby would like to help with the 100 year anniversary celebration.

The meeting was adjourned at 7:45pm.

________________________________

Mayor Anthony J. Berget

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

THE 1291TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, OCTOBER 21, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Ms. Leckrone, Mr. Bischoff and Mr. McElmurry were present.   Mr. Bothman was absent.  City Attorney, Chuck Evans and City Clerk/Treasurer, Glena L. Hook was also present.

Mrs. Williams made a motion to accept the minutes from the regular meeting held Monday, October 6, 2008.
Ms. Leckrone seconded the motion.
Motion passed.

UNFINISHED BUSINESS

Mr. Roll made a motion to approve the second and final reading of Ordinance # 1717, Air Pollution Control Ordinance.
Ms. Leckrone seconded the motion.
Motion Passed.

Mr. McElmurry made a motion to deny Brent Teske’s request for leave of absence.
Mr. Bischoff seconded the motion.
Motion passed.

NEW BUSINESS

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to accept and pay for the new sound system in the council chambers.
Mr. Bischoff seconded the motion.
Motion Passed.

ANNOUNCEMENTS

Mayor Berget announced the Fred Brown Pavilion dedication would be on November 1, 2008 at 1:00pm.

 HEAR THE PUBLIC

Nick Monroe, of 1218 Main St. Libby, wanted to know if the city could open more gates during hunting season.   Mayor Berget stated that the city doesn’t have much to do with any of the gates that Nick Monroe was speaking of.

The meeting was adjourned at 7:12pm.

________________________________

Mayor Anthony J. Berget

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook

November 18, 2008 | Regular Meeting

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THE 1293TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, NOVEMBER 18, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

At the request of City Attorney, Chuck Evans, Mr. Anthony Berget called the meeting to order at 7:06pm and led the Pledge of Allegiance.

Council members Mrs. Williams, Mr. Roll, Ms. Leckrone, Mr. Bischoff and Mr. McElmurry were present.  Mr. Bothman was absent.  City Clerk/Treasurer, Glena L. Hook and City Attorney Chuck Evans were also present.

Mr. Roll made a motion to accept the minutes from the regular meeting held Monday, November 3, 2008.
Mrs. Williams seconded the motion.
Motion passed.

UNFINISHED BUSINESS

Mr. McElmurry made a motion to approve the City of Libby paying the difference of the cost between the existing pipe and an 8” pipe for the approximate 350ft. water line that Tungsten Holdings is relocating in the area of the alley abandonment, Block 11, Faust Addition (see resolution 1698).
Mr. Roll seconded the motion.
Motion Passed.

U-Serve Tennis Lease and Interlocal Agreement was approved at an earlier meeting held on November 7, 2008.

NEW BUSINESS

Ted Werner of 84 Cherry Ck. Bluff Rd., Libby asked for a reduction of hook-up fees for 5 – H2O and sewer hook-ups on the corner of 8th and Dakota.  The council decided they would like to send this request to committee and will make a final decision on this request at the next regular council meeting.

Resolution # 1715; amending FY-09 Budget.  Mr. McElmurry made a motion to approve Resolution # 1715 amending the animal control budget for FY-09.
Mr. Roll seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

Mr. Roll made a motion to accept Mayor Berget’s resignation.
Mrs. Williams seconded the motion.
Motion Passed.

Scott Eby of 520 E. 3rd Street, Libby, asked to be considered for the position of the now vacant Mayor’s position.

D C Orr of 1117 Nevada Ave. Libby, stated that he believes that Mr. Berget is breaking the law by holding two elected positions and believes this is a conflict of interest.

City Attorney, Chuck Evans, did not agree with D C Orr’s statement and stated that in this case he believes there is no conflict.

Mr. Bischoff stated that he believes the position of Mayor should be held by someone in the council as the city needs someone in the position that has had previous experience with city business and that by appointing someone from the council to the Mayor’s position it would then free a position in the council.

Mr. Bischoff made a motion that the council appoint someone from the current city council and that each council member should prepare one question for each council member interested in the mayor position.  Mr. McElmurry seconded the motion.
Motion Passed.

ANNOUNCEMENTS

The council announced a Special Council Meeting to be held Thursday, November 20, 2008 @ 5:30pm to appoint a new mayor for the City of Libby.

COMMITTEE REPORTS

 HEAR THE PUBLIC

D C Orr of 1117 Nevada Ave. Libby, stated he sets on the Cag council and brought a letter for the council concerning the export plant.  Mr. Orr would like to be put on the next council agenda and would like the council to comment on his letter at that time.

The meeting was adjourned @ 7:55pm.

________________________________

Mayor Anthony J. Berget

Attest:

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

A SPECIAL COUNCIL MEETING WAS HELD THURSDAY, NOVEMBER 20, 2008 @ 5:30PM IN THE COUNCIL CHAMBERS

The meeting was called to order @ 5:35pm by Council President, Charlene Leckrone and she led the pledge of allegiance.

Appointment of a new mayor by city council; Both council members interested in the mayor’s position read their letter of intent.  Ms. Leckrone and Mr. Roll separately answered question asked by the council.
Mr. Bischoff made a motion to nominate Mr. Roll for the position of Mayor of the City of Libby.
Mrs. Williams seconded the motion.
A roll call vote was taken.
Mr. Roll was voted in as Mayor by a 4 to 2 vote of the council.

________________________________

Charlene Leckrone, Council President

Attest:

City Clerk /Treasurer Glena L. Hook

December 1, 2008 | Regular Meeting

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THE 1294TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, DECEMBER 1, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:03pm by Mayor Doug Roll who also led the pledge of allegiance.

Council members Mrs. Williams, Mr. Bothman, Mr. McElmurry and Mr. Bischoff were present.  Ms. Leckrone was absent.  City Supervisor, Dan Thede, City Attorney, Chuck Evans and City Clerk/Treasurer Glena L. Hook were also present.

Prayer was offered by Steve  Benson of the Christ Lutheran Church.

Mr. McElmurry mad a motion to approve the minutes from the November 18, 2008 Regular Meeting and Special Meeting November 20, 2008.
Mrs. Williams seconded the motion.
Motion Passed.

COMMITTEE REPORTS

Cemetery and Parks reported that the wall niche and the cemetery increase in fees need to be finished up.

Light, Street & Sidewalks reported that the bridge on City Service Rd. is being looked into.

Tom Woods report on Libby Volunteer Fire Department and asked if the fire department could possibly use the empty office space in the Old City Hall after MAASA leaves.

Personnel announced that a new mechanic has been hired for the City of Libby.

UNFINISHED BUSINESS

The Economic Development Fund disposition has sent to committee.

Tennis Court Boundaries; U-Serve Tennis Inc. needs three more feet for the tennis courts built on city property to allow for a retaining wall to be installed in order to keep the courts from breaking off at the edges.  Mr. Thede the City Supervisor was asked to look into and talk to U-Serve Tennis.

Ted Werner of 84 Cherry Ck. Bluff Rd. asked for a second time to have a concession in the water and sewer tapping fees for 5 new hookups on the corner of Dakota and 8th Street in the City of Libby.  Last meeting this went to committee.  The committee asked Mr. Thede the City supervisor for his recommendation.  Mr. Thede, City Supervisor, recommended that the full water and sewer tapping fees be paid.  This was again put to committee.

DC Orr at 1117 Nevada Ave., Libby, Mt. spoke about the export plant and handed out more information to the council.  Mayor Roll suggested the council meet with the EPA to begin the process on what to do with the export plant property brought up by DC Orr.

NEW BUSINESS

Officer Josh Harth was not present to take the oath of office.

Mr. Bischoff made a motion to approve the Beer, Wine, Liquor and Coin Operated Amusement Licenses.
Mr. Bothman seconded the motion.
Motion Passed.

Cedar Heights & Am. Lots 5-9 Pineview Tracts Subdivisions; No recommendation at this time.

City of Troy and Troy Senior Citizens, CD/Loan, will go to committee and be put on the next agenda.

Rewriting the Personnel Policy will go to committee.

Lighting in City Hall Parking Lot.  It was discussed that temporary lighting needs to be put in the City Hall Parking Lot and the old lighting from Mineral Ave. may be used when the new lighting is put in.  Mr. Thede, City Supervisor, was asked to look into lighting in parking lot.

Mark Graziano, sick leave donation;  Mr. Bothman made a motion to allow the payment of sick leave donations to Mark Graziano.
Mr. McElmurry seconded the motion.
Motion Passed.

Kenneth Carbery of 424 W. 10th Ave. Libby, asked for a variance to operate an Adult Foster Home.  Mr. McElmurry made a motion to approve a variance for as long as Mr. Carbery runs the Adult Foster Home at this address and owns the property.
Mr. Bischoff seconded the motion.
Motion Passed.

Mr. Bothman made a motion to adopt resolution #1718 a budget amendment to expend money received from insurance for the city dump truck accident.
Mr. McElmurry seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

ANNOUNCEMENTS

It was announced that there will be a DEQ meeting at the Little Theater on December 18. 2008.

Trent Oelberg invited the Mayor and Council to the lighting of the Christmas Tree on December 5, 2008.

Mayor Roll asked that if anyone coming to the City Christmas Party had time would they come down to the Ponderosa Room on December 19, 2008 and help set-up tables and chairs.

HEAR THE PUBLIC

Gordon Sullivan of 143 Crossway Ave. Libby stated he was also concerned about the export plant site and suggested the CAG minutes be used.

Fire Chief, Tom Wood suggested a Flathead Co-op grant to help with the lighting for the City Hall parking lot.  Mr. Thede, City Supervisor will look into it.

Robert Lethrud of 1232 Nevada Ave.  wants the City to investigate his claim that was denied for an accident he had on the walking bridge off Flower St.  He also asked if anything was being done about the need for a stop sign on the corner of Flower Creek and Nevada.  He also stated that if the walking path is not for motorized vehicles that the city needs to post a sign as 4-wheelers and snowmobiles have been using the path and bridge.

ADJOURNMENT

Meeting was adjourned at 7:55pm.

________________________________

Mayor Doug Roll

Attest:

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

THE 1295TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, DECEMBER 16, 2008 AT 6:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 6:03pm by Mayor Doug Roll

All persons interested in the open council seat were interviewed.  Their names are as follows;  D C Orr, Ron Carter, Steve Edwards, Rob Dufficy and John Peterson.

After the interviews Mrs. Williams made a motion to appoint D C Orr to the council position.
Ms. Leckrone Seconded the motion.
Mrs. Williams, Ms. Leckrone and Mr. McElmurry voted for the appointment of D C Orr.
Mr. Bischoff voted against D C Orr.
Mr. Bothman was not present to vote.
Motion Passed.

Mr. Orr immediately took the oath of office.

Meeting adjourned @ 6:47pm.

Mayor Roll called the regular Meeting to order @ 7:03 and led the pledge of allegiance.

Mrs. Williams, Mr. Bothman, Mr. Orr, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present.  City Attorney, Chuck Evans and City Clerk/Treasurer were also present.

Mr. Orr abstained from voting during this meeting.

Mr. McElmurry made a motion to accept the minutes from Regular meeting December 1, 2008 and Special meeting December 10, 2008.
Mr. Bischoff seconded the motion.
Motion Passed.

ANNOUNCEMENTS

Mayor Roll reminded everyone of the council retreat scheduled for January 10, 2009 @ 9:00am at the Venture Inn.

Mayor Roll would like employee evaluations to start January 2009 and would like two evaluations done per year.

The Mayor will be a part of the send off for our troops on January 4, 2009 at the National Guard Armory, everyone is invited to come and support our troops.

The City of Libby Christmas Party will be on Friday, December 19, 2008 in the Ponderosa Room in the City Hall building.  No-host bar will start at 6:00pm with dinner served at 7:00pm.

COMMITTEE REPORTS

Cemetery Committee Report- The committee is still working on the cemetery plot increase and the Niche wall.  City Attorney, Chuck Evans will contact Steve Schnackenberg to discuss Niche wall conditions.

Road Committee Report – The bridge on City Shop Rd. is operational.

Lighting Report – Dan Thede is going to write grant for lighting for the back parking lot at the City Hall.  The grant is from Flathead Electric.

Water-Sewer Report – The committee recommended that Lee Bothman write a letter to MMIA concerning problems and expenses Mr. Bothman is having due to a shared sewer line.

Police Committee Report – The committee reviewed the letter from Chief Coker and is recommending not hiring the person Chief Coker asked for.

Personnel Committee Report – The committee is looking at re-vamping the current City Personnel Policy.  Mayor Roll would like to have it done by June 2009.

UNFINISHED BUSINESS

Allen Olsen, asked the council what has come of the controversy about the City buying trees from local merchants.  Mayor Roll stated that a memo did go out.  The memo states that local merchants should be able to bid on trees purchased by City organizations and if they are within 10% of the lowest bid that the trees should be bought locally.

Mayor Roll also stated that no trees were to be cut down in the city before going through the tree board for permission.

Ted Werner – hook-up fees, the committee is not ready to give a recommendation yet.

The Cemetery Committee is looking into a 15% increase for all plots purchased to cover MCA code 7-35-2146, stating that at least 15% to 40% of all income from the sale of cemetery plots is to be set aside in a permanent care and improvement fund.

The committee is in contact with Mayor Hammond of the City of Troy about the possible transfer of the CD being used as collateral for the Troy Senior Citizens loan.

NEW BUSINESS

New Subdivisions will go on January 2009 agenda.

Ms. Leckrone made a motion to approve the 2009 Business Licenses.
Mrs. Williams seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

Mr. Bischoff made a motion to approve payroll and claims for November 2008.
Mrs. Williams seconded the motion.
Motion Passed.

Mr. McElmurry made a motion to accept the agreement between International Paper Co. and the City of Libby.
Mr. Bischoff seconded the motion.
Motion Passed.

 HEAR THE PUBLIC

There was no public comment.

ADJOURNMENT

Meeting was adjourned at 7:42pm.

 ________________________________

Mayor Doug Roll

Attest:

City Clerk /Treasurer Glena L. Hook