THE 1250th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON DECEMBER 5, 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 Huntsberger, Bothman, Leckrone, Crismore, McElmurry and Roll, Supervisor of City Services Dan Thede, City Attorney Charles Evans and City Clerk Chris Erickson were present.

Ms. Leckrone moved to accept the minutes from the November 7, 2005 regular meeting with two changes.
Mr. Roll seconded the motion.
Motion carried. Crismore voted nay.

Mayor Berget presented the Oath of Office to the new police officer Dave Knopf. He was welcomed by the City Council.

Mr. McElmurry moved to accept Resolution No. 1653 Extending The Boundaries Of The City Of Libby To Embrace, Include And Annex Creek View Estates.
Ms. Leckrone seconded the motion.
Motion carried.

Mayor Berget presented the first reading for Ordinance No. 1654 Revising the Existing County Air Quality Ordinance. Kendra Lind from Lincoln County Environmental Health Department gave an overview of the changes proposed and answered questions. The two main issues were the types of burning units that would be allowed and the change to the open burning dates. December 14, 2005 is the scheduled public hearing on the revisions.

Mr. McElmurry moved to accept Resolution No. 1655 Approving the Annexation of Property Located in Lot 8 in the SE1/4 of Section 33, T 31 N, R 31 W, M.P.M. (Wastewater Treatment Plant).
Ms. Leckrone seconded the motion.
Motion carried.

Ms. Leckrone moved to accept Resolution No. 1656 Approving the Annexation of City Property Located in Sections 3 and 4, T 30 N, R 31 W, M.P.M. (City of Libby Gravel Pit).
Mr. Roll questioned the amount of quorum votes to pass motions. As stated in the charter rules, a quorum consists of four council members. The affirmative vote of four Council members is necessary to pass any motion. The Mayor can decide all tie votes.
Mr. Bothman seconded the motion.
Motion carried by roll call vote: Bothman-aye, Crismore-nay, Huntsberger-nay, Leckrone-aye, McElmurry-nay, Roll-aye, Mayor Berget-aye.

Mayor Berget presented the first reading for Ordinance No. 1657 Creating a City Planning Board.

UNFINISHED BUSINESS

Eileen Carney, representative for the Kootenai Pets for Life, presented the City Council with a sketch of the area at the city property near the existing animal shelter on Pipe Creek Rd. outlining where she thought would be the best place to construct a facility. The Council requested Ms. Carney to meet with Mr. Crismore and Mr. McElmurry at the property and bring a more detailed proposal back to the Council.

Debbie Munro, Munro Investments, came before the City Council requesting approval of an application for tax exemption through the Department of Revenue on the new commercial building they constructed on Highway 2 in Libby. Munro Investments would benefit by tax increment exemptions over a period of several years. Bill Bischoff, Lincoln County Administrator, will come before the City Council at the January 9, 2006 regular meeting to further explain the process to the City Council. This issue will be tabled until that meeting.

Chris Noble, Noble Excavating, presented the City Council with a map that included possible easements and utility extensions at the LP Mill Site property. He wanted to get the City’s approval for the easements before he could decide which way to go with the project. The City is still not sure what impact the current growth proposals will have on the existing utility systems. Charles Evans advised the Council that Ken Peterson, Planning Director for Lincoln County, suggested that the City Council not approve any more growth proposals or annexations until the growth policy is enacted for city services. Future expansions of the systems may be in order. The Council will study the current growth plan and advise Mr. Noble of their decision at a later date.

NEW BUSINESS

Ryan Jones, Schwartz Engineering, gave a brief presentation introducing the firm to the City Council.

The off premise liquor license application for the Town Pump dba Major Brands Distributing was discussed. No action was needed.

The new board members for the Shade Tree Committee were discussed. Several new members reside outside the city limits. The current ordinance does not allow members to reside out of the city limits.

Mr. Crismore moved to create a new ordinance for the Shade Tree Committee to allow members to reside inside and outside the city limits.
Ms. Leckrone seconded the motion.
Motion carried.

Ms. Leckrone moved to approve the 2006 City of Libby Liquor License renewals.
Mr. Roll seconded the motion.
Motion carried.

Mr. Crismore questioned the necessity of taping the council meetings. This issue was tabled until the January 9, 2006 regular meeting.

COMMITTEE REPORTS

PARKS  – Mr. Huntsberger reported the concrete slab was in at River Front Park. He would like to have the grass area extended and the parking area made smaller.

CITY/COUNTY LIAISON  – Mr. Crismore spoke with Ron Anderson regarding the Kootenai Pets for Life issue.

FIRE  – None.

BUILDING/INDUSTRIAL PARK  – Ms. Leckrone reported on leak at the Old City Hall building. EPA is due in the building in the spring for asbestos cleanup.

INSURANCE  – None.

PERSONNEL  – Ms. Leckrone reported the hiring of the new officer Dave Knopf. She also mentioned the need for the changes to the two areas of the personnel manual.

POLICE  – Chief Clay Coker gave the monthly report, which included the snow removal ordinance towing problems and the alcohol compliance check that was conducted.

RESOLUTION/ORDINANCE  – Mr. Crismore requested to be removed from the Libby Revitalization Ordinance committee, as he cannot make the early meeting time.

WATER – None.

SEWER/LIGHTS  – Mr. Huntsberger discussed the lagoons at the Kootenai Industrial Park. He stated the land needed to be separated from the lagoons in order for the city to be able to get them tested for compliance.

STREETS/ALLEYS  – Mr. Roll reported that the city crews have been busy plowing, patching potholes and cleaning debris from the streets.

SIDEWALKS/CURBS  – Lee Bothman said the unclaimed sections of sidewalk (the inability to identify the property owners) needed to be addressed for snow removal from the sidewalks.

BUDGET/FINANCE  – None.

JUDICIAL  – Judge Lucille Briggs is concerned with regards to the state prosecutor mandate.

UNION NEGOTIATIONS  – None.

RC & D  – Mr. Crismore requested to be removed from the committee.

KRDC  – Mayor Berget reported they are looking for two new board members.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – Doug Roll discovered the Board of Adjustments can act as a zoning board also.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mr. Roll moved to pay the claims as presented.

Ms. Leckrone seconded the motion.

Motion carried.

HEAR THE PUBLIC

D. C. Orr commented regarding ethics of the City Council.

The meeting was adjourned at 9:04 p.m.

                                                                                   

Anthony J. Berget, Mayor

Chris A. Erickson, City Clerk