THE 1246th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON AUGUST 1, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Berget called the regular meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Huntsberger, McElmurry, Roll, Leckrone (7:10), City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.
Mr. Crismore was absent.
The minutes to be approved were tabled until the August 15, 2005 special meeting.
Ordinance No. 1638 Modification of an Existing Uniform Fire Code was presented for adoption.
Mr. Roll moved to accept Ordinance No. 1638 as read.
Mr. Bothman seconded the motion.
Motion carried unanimously.
UNFINISHED BUSINESS
None
NEW BUSINESS
Libby Nordicfest requested street closure for the upcoming annual parade on September 10, 2005.
Mr. Bothman moved to grant permission for street closure.
Mr. McElmurry seconded the motion.
Motion carried.
Jayson Weber presented a request for the city to assist in the purchase of specific playground equipment for the Asa Wood School. His son who is a special needs child will be attending the school in the fall of 2005. Mr. Weber would like his son, along with other children with special needs, to be able to have some outdoor playground equipment available for their use. The Libby School District fronted the monies with hopes of being reimbursed by the other entities in the area. Mayor Berget advised Mr. Weber this item would be tabled for the next budget meeting scheduled for August 8, 2005.
Ken Peterson, Lincoln County Planning Director, presented a preliminary subdivision application for Majestic View Estates. The subdivision will have 4 residential lots. Mr. Peterson recommended approval for this subdivision as it meets all necessary criteria. He suggested if the city required any engineering to be done, such as storm water drainage, it would be appropriate to put the requirement on the preliminary plat approval. He asked that he receive a copy of the approval statement once the Council approves the subdivision. The request was tabled until the August 15, 2005 special meeting.
Mr. Peterson returned with the Creekview Estate proposal stating the County would like assurance that the City would annex Hamann Avenue should the County approve the subdivision. The agreement would be annexation of the street only. No residences would be annexed at this time. The proposal requests 24’ street widths with no on street parking allowed. As part of the proposed subdivision is in the 100-year flood plain, there will be fewer lots available than originally proposed. A public hearing is scheduled for August 8, 2005.
Mr. Huntsberger moved to advise the County that, should the County approve the proposed subdivision, the City of Libby would annex through the proper channels, Hamann Avenue, Horseshoe Avenue and West Horseshoe Avenue, streets only with no residences to be considered for annexation at that time.
Mr. McElmurry seconded the motion.
Mr. Penock spoke of his concern about safety for the school children with the increased traffic congestion.
Ms. Stuckey voiced her concern about increased traffic in and around Hamann Avenue.
Mr. Orr reminded the Council to take the proper public hearing channels for annexation.
Mr. Peterson stated that the Montana Department of Transportation did approve the ingress and egress of the proposed subdivision.
Motion carried.
The Rock Creek Mine representatives approached Mayor Berget about the possibility of the City becoming involved with the lawsuit. As Rock Creek Mine would generate local jobs, the City would sign on as supporting the concept and not actually be involved in litigation. The issue was tabled for the August 15, 2005 special meeting.
The next budget meeting is scheduled for Monday August 8, 2005 at 7:00 a.m. Mayor Berget is scheduled to be in Eureka in the evening of that day.
The Council discussed the ongoing need for locating a city attorney to fulfill the needs of the Council.
COMMITTEE REPORTS
PARKS – Mr. Huntsberger reported the complaints regarding dogs defecating at the cemetery were turned over to Animal Control. The sprinkler system at Riverfront Park will be actively pursued with EPA as they agreed to install the main sprinkler line.
CITY/COUNTY LIAISON – None.
FIRE – Tom Wood stated things were very quiet. He reported the funeral services for Bill Kemp would be held next week.
BUILDING/INDUSTRIAL PARK – The demolition of a portion of the Eagles building was discussed. Mr. Roll will check for time limits for demolition projects and report back to the Council.
INSURANCE – Mr. McElmurry reported MMIA had sent a proposal for group term life insurance for the City to consider. The Committee will review the proposal and report back to the Council.
PERSONNEL – A new employee, Glen Doubek, was hired as a wastewater plant operator. Interviews for the city street worker position will be held Thursday, August 11, 2005 at 6:00 p.m.
POLICE – Police Chief Clay Coker gave the July 2005 report.
RESOLUTION/ORDINANCE – None.
WATER – Lee Bothman reported Noble Excavating was continuing to use treated water to water the dust in Johnston Acres. Mr. Thede will discuss the issue with them again.
SEWER/LIGHTS – Mr. Thede will consult the attorney once more regarding letters on variances.
STREETS/ALLEYS – Paving of the Johnston Acres subdivision will begin soon. The new stop signs are in place. The bleachers that were required to be fixed were taken to Montana Machine and Fabrication for repair.
SIDEWALKS/CURBS – Lee Bothman requested permission to use any funds left from the 2004-05 budget for repair of the sidewalks outside the Old City Hall building.
BUDGET/FINANCE – Working committee meetings are scheduled for the next several weeks.
JUDICIAL – Judge Briggs has returned from vacation.
UNION NEGOTIATIONS – A contract agreement was reached to be announced at the August 15, 2005 special meeting.
RC & D – None.
KRDC – None.
LADC – None.
CAG – None.
TAG – The request for the possibility of creating a Community Resource position to be a liaison to assist EPA in answering consumer questions regarding asbestos was briefly discussed. The EPA would fund the position, which they suggested could be a new city position. The item was tabled for the August 15, 2005 special meeting.
BOARD OF ADJUSTMENTS – None.
EDUCATION – None.
PUBLIC SAFETY/TRAFFIC COORDINATOR – None.
Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded the motion.
Motion passed unanimously.
HEAR THE PUBLIC
No comments were offered.
The meeting was adjourned at 8:42 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
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SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON AUGUST 15, 2005 AT 7:00 P.M. COUNCIL CHAMBERS AT CITY HALL
A working budget committee meeting was held at 6:15 p.m. to discuss preliminary budget subjects. The preliminary budget will be adopted at the weekly morning meeting on Wednesday, August 17, 2005. Meeting was adjourned at 6:54 p.m.
Mayor Anthony Berget called the special meeting to order at 7:03 and led the pledge of allegiance. Roll was called. Council members Crismore, Leckrone, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present. Council member Bothman was absent.
Mr. Roll moved to accept the minutes of July 11, 2005 and July 25, 2005 as presented.
Mr. Crismore seconded the motion.
Motion carried.
Mayor Berget announced that the preliminary budget would be approved at the regular weekly morning meeting on Wednesday, August 17, 2005.
The request from Jayson Weber for funding for playground equipment at Asa Wood School was discussed. Mr. Weber has received enough funding from other sources. The Council decided to leave the monies in the park fund for future needs.
Helen Clark, TAG Board Member, came before the Council requesting support for a proposed community resource position. The position would be a liaison to assist EPA in channeling any questions, concerns or needs of the community that may appear after the asbestos cleanup is completed on properties in the city limits and throughout Lincoln County. EPA would provide the funding for the position, but would like the position to be under the jurisdiction of the city with the City of Libby responsible for benefits and a vehicle. The concerns raised by the City Council included liability issues, decision making outside the jurisdiction of the city limits, and long term responsibilities and requirements.
Mr. Roll moved to draft a letter of support for the concept of the position of Community Resource Administrator with no commitment of employment by the City of Libby at this time.
Mr. McElmurry seconded the motion.
Motion carried.
A public hearing for the proposed Creek View Estates Subdivision was held on Monday, August 8, 2005. Mr. Beasley is awaiting written approval from the City of Libby in order to submit the proposal to the Department of Environmental Quality for final approval. As the property is not yet annexed, it was difficult for the Council to make decisions that affected city issues. The width of the streets remained an issue. The Council requested clarification from the acting City Attorney as to the ability of the Board of Adjustments to override or determine discrepancies in city issues. The incorporation of Second Street Extension was discussed. Safety concerns for school children in the area of increased traffic was addressed.
Mr. Roll moved to accept the conditions of approval as a whole as set by Ken Peterson, Lincoln County Planning Director, with the exception of clarification of the road base width required by the City of Libby for new construction and with the option of incorporating Second Street Extension.
Ms. Leckrone seconded the motion.
Motion carried.
Mr. Leyba presented his request for approval of a minor subdivision to be known as Majestic View Estates. The parcel would be divided into four single-family residential lots. The property is already in the city limits. All services are in place and available. Mr. Leyba needs a letter of approval from the City accepting the subdivision as presented.
Mr. Roll moved to accept Majestic View Estates subdivision as recommended by Lincoln County.
Mr. McElmurry seconded the motion
Motion carried.
Ron Weins presented a minor subdivision proposal to be known as Kootenai River Health Park. The complex would house medical offices in an already existing hospital zoned area. No action was taken. The issue was tabled until the regular monthly meeting scheduled for September 12, 2005.
Rock Creek Mine has requested an endorsement of support from the City of Libby.
Mr. Huntsberger moved to submit a letter of support to the Rock Creek Mine.
Mr. McElmurry seconded by motion.
Motion carried.
The City of Libby and the union employees reached the AFSCME collective bargaining agreement.
Mr. Roll moved to accept the two-year union contract with AFSCME to be in effect from July 1, 2005 through June 30, 2007.
Ms. Leckrone seconded the motion.
Motion carried. Mr. McElmurry abstained.
Chief Clay Coker presented a proposal to the City Council to utilize the space of the Old City Hall that will be vacated by the Investment Center sometime this year. As Chief Coker explained, his department has been housed in the back of the building for eight years. The department has grown and is in need of more space for records, training and secured evidence storage. As he explained, having the department more visible and attainable to the public would be an asset to the city and would also fall into the downtown plan embraced by the Libby Revitalization’s long term growth plan. He indicated the department would provide the repairs and upkeep to the area. As the 100-year anniversary of the police force is approaching, Chief Coker would like to incorporate the historical building onto a badge to celebrate the event. The issue was given to the Building Committee who will report back to the City Council with a decision at the October regular meeting.
Mayor Berget and Mr. Bothman attended the recent city council meeting at Thompson Falls. They met the city attorney who had expressed interest in the position available at the City of Libby. As Mayor Berget explained, Mark Fennessy and Charles Evans have also expressed interest in the open position of city attorney. The issue was turned over to the Judicial Committee for recommendation to the City Council.
Paving on the Johnston Acres project is set to begin Monday, August 22, 2005.
Mr. Crismore requested that the new stop sign that was placed at the corner of 10th Street and Dakota be removed. The street length between the stop sign and Highway 2 is not long enough to accommodate the length of a big truck should one utilize that street. Mr. Thede assured the Council the stop sign would be removed.
Meeting was adjourned at 9:13 p.m.
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Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
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SPECIAL BUDGET MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD ON AUGUST 17, 2005 AT 7:00 A.M. AT HENRY’S RESTAURANT
Mayor Anthony Berget called the special working budget meeting to order at 7:00 a.m.
Council members present were Leckrone, Roll, Huntsberger and McElmurry. Council members absent were Bothman and Crismore.
Preliminary budget subjects were briefly discussed. It was decided the full-time position being created for Donna Moe would be approved on a temporary basis for one year. The need to retain the position would be revisited again next fiscal year.
Ms. Leckrone moved to accept the fiscal year 2005-06 budget as presented.
Mr. Roll seconded the motion.
Motion carried.
The meeting was adjourned at 7:36 a.m.
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Anthony J. Berget, Mayor
Charlene Leckrone, Council President
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SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY COUNCIL WAS HELD ON AUGUST 19, 2005 AT 5:30 P.M. COUNCIL CHAMBERS – CITY HALL
Acting Mayor Roll called the special meeting to order at 5:40 p.m.
Present were council members Crismore, Roll, Huntsberger and McElmurry and City Clerk Chris Erickson. Absent were council members Bothman, Leckrone, Mayor Berget and City Services Supervisor Dan Thede.
The 2005-06 preliminary budget was briefly discussed. It was decided that, due to the time of the last special meeting set to approve the budget, the public was unable to attend. Therefore, the meeting was rescheduled in order to accept comment from the public.
Mr. Huntsberger moved to accept the fiscal year 2005-06 budget as presented.
Mr. McElmurry seconded the motion.
Motion carried.
There was no public in attendance.
The meeting was adjourned at 5:43 p.m.
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Doug Roll, Acting Mayor
Chris A. Erickson, City Clerk