THE 1244th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 6, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Berget called the regular meeting to order at 7:06 p.m. and led the Pledge of Allegiance. Roll was called. Council members Leckrone, Bothman, Crismore, Huntsberger, McElmurry, Roll, and City Clerk Chris Erickson were present.
City Services Supervisor Dan Thede was absent.
Kevin Lindgren of the Libby Assembly of God Church led the prayer.
Ms. Leckrone moved to accept the minutes as presented for the May 2, 2005 regular meeting and the May 16, 2005 special meeting.
Mr. McElmurry seconded.
Motion carried unanimously.
Ordinance No. 1638, Enact a Modification of an Existing Uniform Fire Code Ordinance was read for the second time.
Resolution No. 1640 to Support the Continued Operations of Amtrak and Transcontinental Passenger Rail Transportation was read.
Mr. Crismore moved to accept Resolution No. 1640 to Support the Continued Operations of Amtrak and Transcontinental Passenger Rail Transportation
Mr. Roll seconded.
Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Crismore explained his reasoning pertaining to the purchase of the property at the end of Mineral Avenue is because it is an integral part of the Libby Revitalization’s Downtown Plan. He felt that if the City would purchase the parcel, it would allow some type of control over what type of building or structure could be erected on the parcel since the City has no zoning or covenant controls in place at this time. The parcel had not been surveyed or appraised at the time of this meeting.
Mr. Crismore moved to approve $30,000 to purchase the property at the end of Mineral Avenue.
Mr. Bothman seconded.
Motion failed.
NEW BUSINESS
Samantha Pierson, Director of the Lincoln County Library, requested an additional handicap parking space on 6th Avenue near Main Street. They are remodeling the library and the existing handicap parking space will be usable but will no longer be conveniently located.
Mr. McElmurry moved to allow additional handicap parking on 6th Avenue and Main Street.
Mr. Roll seconded the motion.
Motion carried.
Jeff Hoyer of the Investment Center leases office space in the Old City Hall. He is currently under an annual lease, which expires July 1, 2005. He is moving his office from the location but the new space is not ready. He is requesting to continue to rent the office space on a month-to-month basis until such time he can relocate.
Mr. Huntsberger moved to change the existing lease to a month-to-month rental agreement until such time Mr. Hoyer vacates the office space.
Ms. Leckrone seconded the motion.
Motion carried.
Libby Revitalization, Inc. submitted a proposed budget for fiscal year 2005-06 for approval. The budget had a tentative three-year commitment from the $8 million dollar grant.
Mr. Huntsberger moved to accept the Libby Revitalization, Inc. proposed budget for fiscal year 2005-06 as presented.
Mr. Roll seconded the motion.
Motion carried.
Possible annexation of all property in the Libby area that currently is provided with city utilities was discussed. The State of Montana previously mandated the authority to local entities authorizing them to include local areas that are provided with city services. Notice to property owners was discussed. This issue was tabled until the July regular meeting.
Niles Nelson, owner of Nelson-Vial Funeral Home, has been maintaining a small piece of city-owned property adjacent to his property. The piece of property in question is next to the ball fields, but has not been mowed or cared for and is full of weeds. He requested the City to abandon the piece to him in order for him to be able to expand the parking for his place of business. He stated he would only pave the parcel and not place any structures whatsoever on the parcel in order to leave the utility easement open. Mayor Berget assigned the request to the Street Committee to present a recommendation to the Council at the June 20, 2005 special meeting.
Evaluation of City Right-of-Ways, stop signs and yield signs was tabled until the June 20, 2005 special meeting. At that time, the Mayor asked the Council to vote on the proposal to make Main Street a through street from Second Street to Cedar Street.
Delinquent water charges for D. C. Orr were evaluated by the Water Committee. As the Committee felt there was not enough documentation or proof of violation, the water charges will be written off.
Mr. Bothman moved to write-off the delinquent water charges for D. C. Orr.
Mr. Crismore seconded the motion.
Motion carried.
Mayor Berget shared the current legislative information.
The Community Asbestos Memorial Project spokesperson requested permission to erect a memorial for all local asbestos victims at the River Front Park. The group would like to erect a pavilion with a wall that contains the names of the victims. The Park Committee will review the request and present a recommendation at the June 20, 2005 special meeting.
COMMITTEE REPORTS
PARKS – Mr. Huntsberger reported the weeds are being sprayed. He met the new Fireman’s Park hosts. The Stimson Bridge is in good shape except for the decking, which was estimated to cost $17,000 to replace. EPA needs to replace the sprinkler system at River Front Park at their cost.
CITY COUNCIL LIAISON – None.
FIRE – Tom Wood reported minimal activity during the month of May. He acquired an estimate to repair the roof on the Old City Hall and Fire Halls structures.
BUILDING/INDUSTRIAL PARK – None.
INSURANCE – None.
PERSONNEL – Walt Torgison is leaving the City of Libby on permanent disability. Possibly one of the summer helpers could be moved into his position until Jason Place returns. The City Attorney position is still open. Mayor Berget had several interested parties contact him.
POLICE – Police Chief Clay Coker gave the May 2005 report.
RESOLUTION/ORDINANCE – None.
WATER – Lee Bothman said the Committee is meeting regularly.
SEWER/LIGHTS – Frank Fahlund and Helen’s Huckleberry’s was given clearance prior to annexation. Millwork West conditions of approval have not been finalized.
STREETS/ALLEYS – No winter plowing to speak of occurred this year. Mr. Roll stated he would like a professional hot mix job completed at the Johnston Acres project.
SIDEWALKS/CURBS – Lee Bothman once again mentioned matching funds for sidewalk repair.
BUDGET/FINANCE – The Council requested a budget meeting to be set up.
JUDICIAL – None.
UNION NEGOTIATIONS – Another meeting is scheduled for the end of June.
RC & D – None.
KRDC – None.
LADC – None.
CAG – None.
TAG – None.
BOARD OF ADJUSTMENTS – None.
EDUCATION – None.
PUBLIC SAFETY/TRAFFIC COORDINATOR – None.
Chris Erickson requested permission from the Council to destroy certain records according to the guidelines set forth by the Montana Local Government. Mayor Berget instructed the Budget and Finance Committee to review the request and the guidelines and make a determination at the regular July meeting.
The City of Libby proposed planning board was talked about. The number of members, who could become a member and the role of the members was discussed.
Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. Bothman seconded the motion.
Motion passed unanimously.
HEAR THE PUBLIC
Clinton Maynard spoke regarding the lack of representation of the City Council on the CAG Committee.
D. C. Orr addressed Mayor Berget.
Jim Rostofer spoke regarding the sewer ponds at the Port Authority.
Mayor Berget excused himself from the following discussion due to a possible conflict of interest. In the absence of Mayor Berget, Council President Leckrone directed the remainder of the meeting.
Larry Sverdrup, legal representative for Dave Strand, explained that Mr. Strand would like to split his existing property and avoid the subdivision process. As Mr. Sverdrup explained, he would need a letter to the court stating there is no objection from the governing body to the land division. After discussion, the City Council decided to contact Attorney Charles Evans to verify the legality of not doing a subdivision. If Mr. Evans verifies in writing this is a common procedure, permission will then be granted and a letter to the court will be drawn up.
Mr. Crismore moved to give tentative permission to Dave Strand to split existing property without a subdivision upon written approval from Attorney Charles Evans.
Mr. Roll seconded the motion.
Motion carried.
The meeting was adjourned at 9:32 p.m.
Anthony J. Berget, Mayor
Charlene Leckrone, City Council President/Acting Mayor
Chris A. Erickson, City Clerk
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SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY JUNE 20, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL
A working budget committee meeting was held at 6:00 p.m. to discuss preliminary budget subjects. No decisions were made. A meeting schedule was created. The following is a tentative timetable for the fiscal year 2005-06 budget committee meetings:
Monday, June 27, 2005 from 6 to 7:30 p.m.
Monday, July 11, 2005 from 6 to 7:00 p.m. before regular meeting.
Monday, July 18, 2005 from 6 to 7:30 p.m.
Monday, July 25, 2005 from 6 to 7:30 p.m.
Monday, August 1, 2005 from 6 to 7:30 p.m. Preliminary budget due.
Mayor Anthony Berget called the special meeting to order at 7:02 and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present.
Council member Leckrone was absent.
Mayor Berget gave the Oath of Office to the new Deputy City Clerk/Utility Billing Clerk, Tanya Gehrke.
Pastor Kevin Lindgren offered prayer.
Ordinance No. 1639 Plant Investment Fees was read the second time.
Mr. Bothman made a motion to accept Resolution 1641 Adopting a Cafeteria Plan for the City of Libby employees.
Mr. Roll seconded the motion.
Motion carried.
Mr. Roll made a motion to accept the lowest bids on the gas bid proposal for fiscal year 2005-06.
Mr. McElmurry seconded the motion.
Motion carried.
Niles Nelson returned to the City Council requesting ownership of a parcel of land owned by the city. The parcel was deeded to the city years ago with the stipulation that the property would remain with the city for use with the park area. After discussion, it was agreed that Dan Thede and the city attorney would work up an amicable legal agreement to allow Mr. Nelson use of the parcel. A proposal to dedicate the circle next to the ball field to be named Goth Memorial Park was discussed.
Dan Mueller presented a “through street” proposal to the City Council. As he travels most of the city streets frequently, he has developed a plan to allow improved traffic flow toward Highway 2 from the residential areas.
Mr. Roll made a motion to make Main Avenue from Second Street to Cedar Street a through street with the exception of the two 4-way stop signs that currently exist at Fifth Street and Main Avenue and at Sixth Street and Main Avenue because of the Post Office and the existing stop sign to remain at the intersection of Highway 2 and Main Avenue.
Mr. McElmurry seconded the motion.
Motion carried.
Mr. Crismore made a motion to make Tenth Street from Dakota Avenue to Main Avenue a through street with the exception of the existing stop sign at Tenth Street and Louisiana Avenue.
Mr. Bothman seconded the motion.
Motion carried.
Mr. Crismore made a motion to make Cedar Street a through street with a stop sign at the intersection of Main Street and Cedar Street and the intersection of Louisiana Avenue and Cedar Street.
Mr. Roll seconded the motion.
Mr. Crismore made a motion to purge the records listed on the insert in the packet.
Mr. Roll seconded the motion
Motion carried.
Gary Swenson came before the City Council to finalize the request from CAMP for the creation of a memorial for victims of asbestosis at Riverfront Park. As Mayor Berget stated, the City has materials to donate that were from the Linden barn. First National Bank had in the past offered to pay for the concrete work. Most of the labor and materials will be donated.
Mr. Roll made a motion to accept the proposal to use the site of the city-owned Riverfront Park to construct a memorial for victims of asbestosis.
Mr. McElmurry seconded the motion.
Motion carried.
Gary Doubek, owner of the Pastime Bar and Lounge, requested permission to have a street dance and open container for the Kootenai Rodeo weekend in July. (Please note: the agenda erroneously reflected the event was Logger Days.) Libby Logger Days had previously been given permission to hold a street dance on Mineral Avenue in front of the Pastime Bar for Logger Days on June 24th and 25th. Chief of Police Clay Coker explained to the Council that unless the City of Libby is willing to temporarily suspend the ordinance that prohibits open container in the city limits, liquor could not be allowed in the streets at all. There are certain state and city permits that must be in place for off premise sales of alcohol and certain requirements allowing catering events with alcohol. As Chief Coker explained, alcohol on the streets is different than erecting a beer garden. The requirements and permits are different. Mr. Doubek still has time to get permits in order for the July event of the rodeo. However, Libby Logger Days is only a few days away and there is not time for Mr. Doubek to acquire the necessary permits that will allow him to serve alcohol outside the establishment for that event, unless the City is willing to temporarily suspend the ordinance.
Mr. Crismore moved to temporarily suspend the current City of Libby ordinance that prohibits open containers for the Libby Logger Day street dance event if the state and the City’s insurance company, MMIA, confirm that no violation will be in order, to limit the hours of the dance from 8 p.m. until midnight, and for the final determination of suspending the ordinance to be made by Mayor Berget, Supervisor of City Services Dan Thede and Chief of Police Clay Coker.
Mr. Roll seconded the motion.
Motion carried.
The request to split a parcel of land owned by Dave Strand was tabled until the regular meeting in July.
The meeting was adjourned at 8:20 pm.
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Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk