THE 1269th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JULY 2, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Tony Berget called the regular meeting to order at 7:05 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Crismore, Leckrone, Roll and McElmurry, Mayor Tony Berget, City Attorney Charles Evans, and City Clerk Trainee Glena L. Young were present. Council Members Bothman, City Services Dan Thede and City Clerk/Treasurer Chris Erickson were absent.
Pastor Lloyd Miller of the Libby Amish Church offered prayer.
Mr. Roll moved to accept the minutes of the June 4, 2007 regular meeting & the June 11, 20 & 25, 2007 Special Meetings;
Mr. McElmurry seconded the motion.
Motion passed unanimously.
Draft Resolution No. 1685 was discussed and it was decided to put it on the Agenda at August 2007 Council Meeting.
City Ordinance No. 1684 Electing to participate in the Municipal Police Officers’ Retirement System was read by Mayor Tony Berget. This was the first reading and will be put on the next Regular Council Meeting Agenda for the month of August 2007. The Ordinance may be adopted at that time.
The public was given a chance to speak about items listed on the agenda. No public asked to be addressed.
UNFINISHED BUSINESS
Bill Buxton of Morrison-Maierle Engineering was not present and did not send an update as was previously thought he would.
The agreement between the City of Libby Volunteer Fire Department (LVFD) and the Lincoln County Rural Fire (LCRF) was given to Doug Roll to deliver and have sign by the Fire Department.
NEW BUSINESS
Bonnie Fuller at 106 W. Balsam, Libby, Mt asked for a zoning variance to run a day care center at her residence. Motion to accept zoning variance by Mr. Roll and seconded by Mr. Mc Elmurry.
Motion passed unanimously with the condition that the variance is for as long as Bonnie Fuller is living and running a Day Care at this address only.
William & Kami Winslow requested a change in the ordinance that would allow a well to be put in at 1402 Renwood, Libby, Mt. in the city limits at the place of their residence. After a lengthy discussion it was decided that the legalities of this variance needed to be studied. City Attorney Chuck Evans was asked to look into the legal ramifications as soon as possible and get back to the Council.
Mayor Tony Berget requested the Councils permission to spend up to 35K for a dump truck for the City of Libby.
Ms. Leckrone made a motion to except Mayor Berget’s proposal
Mr. Roll seconded it.
Motion passed unanimously.
Gary Huntsberger and Cheryl Chandler presented a Memorial Tree Project and left hand outs explaining its’ purpose. They would like permission to go forward with the plan and are willing to wait until the next Council Meeting in August for approval.
Mike Cirian was not present to discuss the EPA update.
Brent Teske was sworn in as a Libby Police Officer by Mayor Tony Berget.
ANNOUNCEMENTS
Trent Oelberg announced the upcoming City of Eagle Dedication to be on Saturday, July 7th at 10:00AM.
Stu Crismore announced that he objects to having two City Clerks to pay for.
COMMITTEE REPORTS
Mr. Mc Elmurry moved to pay the claims as presented, except for the claim to Norco.
Mr. Roll seconded the motion.
Motion carried unanimously.
HEAR THE PUBLIC
Gary Doubek of 366 Hwy 2 South, Libby, Mt. was present and asked for a street closure for July 28 & 29, 2007 for a street dance outside the Pastime Bar and August 17, 2007 for a street dance outside the Pastime Bar and a stage on 3rd and Mineral during Hot August Nights on August 17th 2007. This request is to be put on our next special meeting agenda.
Shawnda Jennings at 272 Cedar Ext. Libby, Mt. came forward and announced that she was the organizer for a complaint against Officer Scauflaire using excessive force on several persons in Libby. She stated that she had several complaints about the use of excessive force by Officer Scauflaire and wanted the public to know that they can fill out a formal complaint at the City Police Department against the officer.
The meeting was adjourned at 8:55 p.m.
Anthony J. Berget, Mayor
Glena L. Young, Assistant
SPECIAL MEETING COUNCIL CHAMBERS-CITY HALL JULY 16, 2007 – 7 P.M.
Mayor Berget called the special meeting to order at 7:02 p.m. Roll was called. Council members Bothman, Crismore, Bischoff, Leckrone, Roll, City Attorney Charles Evans, and City Clerk Chris Erickson were present. Council member McElmurry and City Services Supervisor Dan Thede were absent.
Mayor Berget read Resolution No. 1685 Changing the Status of Various Ordinances Regarding Parking Violations and Junk Vehicles. Mr. Crismore suggested sending the resolution to committee for a recommendation. The change is in regard to declassification of various parking violation violations from misdemeanors to set maximum fines of $100.00. Police Officer Teske spoke against the change as he stated it takes the teeth out of the law. Judge Briggs also spoke against the change as it applies to junk vehicles.
Ms. Leckrone moved to accept Resolution No. 1685 amending it to exclude the Junk Vehicle Ordinance No. 8.08.010 B.
Mr. Roll seconded the motion.
Motion carried, Crismore voted nay, Bothman abstained.
UNFINISHED BUSINESS
Gary Doubek of the Pastime Bar came before the council requesting street closure for three upcoming events that involved live music and a street dance. The events are the Class of 1975 Reunion scheduled for Friday, June 20, 2007; Kootenai River Rodeo Street dance scheduled for July 27 and July 28, 2007; and Ignite the Nights planned for Friday, August 17, 2007. After discussion from the council regarding timeliness of the requests, he was reminded to furnish the necessary insurance paperwork and to sign new agreements with the city.
Mr. Roll moved to approve the street closure requests for the Kootenai Valley Rodeo and Ignite the Nights.
Mr. Crismore seconded the motion.
Motion passed unanimously.
Mr. Bothman moved to approve the street closure request for the Class of 1975 Reunion.
Mr. Roll seconded the motion.
Ms. Leckrone questioned the lack of following procedures within the council regarding timeliness of filing the request. Mr. Roll agreed stating the agenda did not specify what events were being requested.
Motion passed unanimously.
Mayor Berget read Ordinance No. 1684 regarding election of participation in the Municipal Police Officer’s Retirement System for the second time. This ordinance would allow the police department employees to participate in the MPORS instead of PERS. They would not be required to participate in the social security system either.
Mr. Roll moved to accept the request from the police department to participate in the Municipal Police Officer’s Retirement System.
Mr. Crismore seconded the motion.
Motion carried unanimously.
NEW BUSINESS
Several years ago when the ordinances and resolutions were codified, some were omitted from the municipal code. There are several that should have remained in effect. Mayor Berget asked the Resolution/Ordinance committee to review the ones in question and bring a recommendation to the council for reinstating them within the city’s laws. The hospital quiet zone, leash laws for cats and the business license ordinance were a few that were mentioned.
HEAR THE PUBLIC
Mike Cirian from EPA gave a brief overview of the progress of the vermiculite cleanup in Libby within the last seven months. He estimated it would be between three to ten years before they were able pull out of the area and turn the remainder of cleanup over to the local entities.
Gary Huntsberger representing the Tree Committee spoke regarding their budget request that was submitted for fiscal year 2007-08.
A brief discussion regarding the request for wells within the city limits was held. As Mr. Roll emphasized, when the council decides to discuss the issue, he highly recommended having all the key players including DEQ representatives in the forum to field any questions.
Meeting was adjourned at 8:35 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 18, 2007 – 5:30 P.M.
The working committee meeting convened at 5:30 at the above place and date. Present were Mayor Berget, council members Roll, Bothman and Bischoff, City Clerk Chris Erickson and Assistant Glena Young.
The following items were discussed:
Wastewater plant investment fees and sewer rates;
Water rate increases. It was requested to hold the public hearing for rate increases before the budget is passed in August;
Grade increase for the city court clerk position;
Retain the temporary position for the street department, purchase of the loader and request to purchase an excavator;
Move funds in sewer replacement and depreciation to operating cash on the cash report;
Determine what reserve cash is in the water fund;
Isolate the investment funds from the operating cash funds for more visibility; and
Set up tree committee accounts and deposit grant from Plum Creek and various donations.
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Anthony J. Berget, Mayor
Glena Young, Assistant to Mayor
BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 23, 2007 – 5:30 P.M.
The working committee meeting convened at 5:38 at the above place and date. Present were Mayor Berget, council members Roll, Bothman, Bischoff, Mc Elmurry and Leckrone, Dan Thede, Mayor Berget , City Clerk/Treasurer Chris Erickson and Assistant Glena Young.
Crismore as absent.
The following items were discussed:
City well for splash pad
City Court Clerk upgrade & move from Temporary to Permanent status
Cash reserves, water
Split out water pump fees, water & sewer hookups (PIF) and Machinery & Equipment.
Meeting was adjourned at 7:00PM.
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Anthony J. Berget, Mayor
Glena Young, Assistant to Mayor
BUDGET WORKING COMMITTEE MEETING COUNCIL CHAMBERS-CITY HALL JULY 30, 2007 – 5:30 P.M.
The working committee meeting convened at 5:30 at the above place and date. Present were Mayor Berget, council members Roll, Bischoff, Mc Elmurry and Leckrone Mayor Berget and Assistant Glena Young.
The following items were discussed:
General Fund Budget verses Revenues
Discussion on how we can remedy the deficit between the Estimated Revenue verses Preliminary Budget
Mayor Berget suggested we cut the line item in Executive Services Object # 350 to $10,000 from $23,388
It was also suggested by Mayor Berget that we transfer cash from Funds 2510 & 7050 to help support the General Fund Roads & Streets and Cemetery Services to help with the deficit
It was suggested that until we know the Taxable Valuation for the City, we can’t Estimate our Revenues correctly
It was decided that we would wait for the Taxable Valuations to determine a more accurate Estimated Revenue
Meeting was adjourned at 7:00PM.
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Anthony J. Berget, Mayor
Glena Young, Assistant to Mayor
PUBLIC HEARING PROPOSED LAND DIVISION CABINET VIEW COUNTRY CLUB JULY 30, 2007 – 7:00 P.M.
Meeting was called to order at 7:07PM on July 30, 2007
Pledge of Allegiance, roll call
Welcome by Mayor Berget.
Present were Mayor Berget, council members Roll, Bischoff, Mc Elmurry and Leckrone Mayor Berget and Assistant Glena Young.
Mary Klinkam from the Lincoln County Planning Department presented a review of county subdivision standards and her suggestions with respect to the Cabinet View Country Club Subdivision.
Mayor Berget polled the Public and asked for any opposition to the Subdivision there were no Public present that were opposed
Mayor Berget then asked for any Public in favor of the Subdivision there were Public present that were in favor of the Subdivsion
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Anthony J. Berget, Mayor
Glena Young, Assistant to Mayor