THE 1240th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 7, 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 Bothman, Crismore, Huntsberger, Leckrone, McElmurry, Roll, City Services Supervisor Dan Thede, City Attorney Scott Spencer and City Clerk Chris Erickson were present.

Ms. Leckrone moved to accept the minutes as presented from the January 3, 2005 regular meeting.
Mr. McElmurry seconded.
Motion carried unanimously.

Mr. Crismore moved to accept the minutes as presented from the January 22, 2005 City Council Retreat meeting.
Mr. Roll seconded.
Motion carried unanimously.

Mr. Crismore moved to accept Resolution No. 1631 supporting Mines Management, Inc. operating the Montanore Project.
Mr. Roll seconded.
Motion carried unanimously.

Mayor Berget announced that a bus to Helena to meet with Governor Swietzer to discuss the Montanore Project would be departing from City Hall on Tuesday, February 15, 2005 at 5:30 a.m. He asked for community involvement to join the trip.

Mr. Bothman moved to accept Resolution No. 1632 adoption of City of Libby Utility Rule regarding annexation.
Mr. Roll seconded.
Motion carried unanimously.

Mr. Crismore moved to accept Resolution No. 1633 adoption of Lincoln County Pre-Disaster Mitigation Plan.
Mr. McElmurry seconded.
Motion carried unanimously.

Mr. Roll moved to accept Resolution No. 1634 adoption of Bill LC 1724 to support bid process for engineering, architectural and surveyor firms.
Ms. Leckrone seconded.
Motion carried unanimously.

The Mayor read Ordinance No. 1635 Plant Investment Fees for the first time. The second reading will be on March 7, 2005.

UNFINISHED BUSINESS

Mr. Crismore obtained a cost for the WebCamera from MontanaSkyNet of $2,534.68 to purchase outright with a $400.00 installation fee or a monthly lease amount of $100.00. The proposal was given to the Police Committee for a decision.

NEW BUSINESS

The Igniters Car Club requested closure of Mineral Avenue during Hot August Nights festival August 19 and 20, 2005. The Council asked that they try to control the burnouts and reckless activity. They expect an even larger participation than in previous years.

Mr. Roll moved to close Mineral Avenue August 19-20, 2005 for the Igniters Car Club.
Ms. Leckrone seconded the motion.
Motion passed unanimously.

Larry Sverdrup came before the Council requesting a 40-foot right-of-way easement. He is an attorney representing buyers for the Thornton (Remp) family property that lies behind the City shop. The only current access to the property is the existing road through City property. The concerns voiced were increased traffic to and from the subdivision, safety issues of heavy equipment due to the close proximity to the City shop, and increased usage and maintenance of the single-lane City-owned bridge to the property. The Council requested additional time to inspect the area and converse with the City Attorney regarding several issues. The decision was tabled for a special meeting scheduled for Monday, February 14, 2005 at 6:00 p.m. in the Council Chambers.

The Flex Insurance Plan contribution proposal from City of Libby employees was tabled until February 14, 2005 special meeting.

The donation request from Libby Logger Days to purchase equipment for annual logging events was tabled until the March 7, 2005 regular meeting.

The Women’s Helpline House proposal was tabled until the March 7, 2005 regular meeting.

The City of Libby water service deposit proposal was tabled until the March 7, 2005 regular meeting.

Debi Davidson presented a slide show detailing the plan for a newly formed legal entity to promote tourism in Lincoln County. She asked the Council to sign a MOA agreeing to become members in the Lincoln County Tourism Coalition. The Council instead presented a verbal show of support for involvement in the venture. The MOA was tabled until the March 7, 2005 regular meeting.

Mr. Huntsberger moved to verbally give the City Council’s support and follow-up with a letter of support to the Lincoln County Tourism Coalition.
Mr. Crismore seconded the motion.
Motion passed unanimously.

Scott Beagle of Kootenai Valley Insurance requested permission to become the insurance representative for the City of Libby through MMIA. An insurance representative of the City’s choice is paid a monthly amount by MMIA, at no cost to the City, to be a liaison to present insurance questions and issues to MMIA that the City of Libby employees may encounter. This issue was tabled until the March 7, 2005 regular meeting at which time two other insurance representatives will be invited to participate in the request.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported that the Port Authority and Libby Parks District are organizing local walking trails.

CITY COUNCIL LIAISON  – Stu Crismore repaired the water leak at the Animal Control facility.

FIRE  – Mr. Wood reported that in January the department had twelve calls.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – Scott Beagle gave a presentation.

PERSONNEL  – Due to the passing of John Norberg, the City of Libby will be considering a replacement for the building inspector position.

POLICE  – Police Officer Brandon Littrell gave the monthly police report.

RESOLUTION/ORDINANCE  – Dan Thede will sign and distribute a letter to City residents regarding enforcement of the ordinance to require City service hookup where the service is available.

WATER  – Lee Bothman discussed the charge to businesses regarding sprinkler systems.

SEWER/LIGHTS  – Gary Huntsberger reminded the Council again to report any street light problems to the police department.

STREETS/ALLEYS  – None.

SIDEWALKS/CURBS  – Lee Bothman wanted to thank the community for keeping the sidewalks so clean.

BUDGET/FINANCE  – None.

JUDICIAL  – Judge Briggs will be on vacation for two weeks. Gary Hicks will substitute in her absence.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – Mayor Berget reminded the Council that it is necessary to develop a legitimate plan for adding or moving stop signs within the City limits.

Mr. Roll moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded the motion.
Motion passed.

HEAR THE PUBLIC

Mr. Rossiter offered comment regarding subdivisions approval.

The meeting was adjourned at 10:07 p.m.

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk

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A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY WAS HELD FEBRUARY 14, 2005 AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Council President Charlene Leckrone called the meeting to order at 6:06 p.m. and led the pledge of allegiance. Council members Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer and City Clerk Chris Erickson were present.  Mayor Tony Berget and City Services Supervisor Dan Thede were absent.

Kootenai Surveyors submitted a proposed subdivision plat for consideration. Todd Berget, co-owner of the property, described the property, which is located at the old Stimson mill site.  The property was annexed into the City after the sale and is designed for an industrial park. Sewer and water services are being engineered and will be supplied by the City of Libby to the property. The City is not required to approve the actual subdivision, but does have accountability in decisions regarding street and road construction, storm drains, sidewalk, curb and gutters, street lighting, etc. The Council scheduled a committee meeting on Monday, February 28, 2005 at 6:00 p.m. with Ken Peterson, Lincoln County Director of Planning, to discuss the proposal.

Public comment from Doc Sergeant was taken.

Larry Sverdrup, legal representative for Robert Thornton, returned with a request for a 40-foot wide easement through City property. Mr. Sverdrup assured the Council the property would be divided into no more than six parcels, which would limit traffic through the easement. Questions from the Council directed at City Attorney Scott Spencer included clarification regarding legalities of easements, responsibility of road and bridge maintenance, future land development on the proposed subdivision, traffic control, safety issues, etc.

Mr. Bothman moved to grant the 40-foot easement with any existing encroachments and limit the subdividing of the land to a maximum of six single-family residences.
Public comment from Mr. Remp was taken.
Mr. Roll seconded the motion.
Motion passed unanimously. Mr. McElmurry opposed.

Council member McElmurry excused himself from the following discussion due to conflict of interest.

The Flex Insurance Plan contribution proposal from the City of Libby employees was denied by the City Council. City Attorney Scott Spencer advised against reallocating funds within the budget. He stated the main reason to deny the request would be a legality issue for the City by providing different benefits to different employees based on outside factors. He suggested having this dealt with during budget time and collective bargaining in the next fiscal year.

Stu Crismore had the remaining equipment at Libby Woodworks appraised by Gardner Auction in Kalispell, Montana.

Meeting was adjourned at 7:05 p.m.

Charlene Leckrone, Council President

Chris Erickson, City Clerk