THE 1264th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 5, 2007 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Berget called the regular meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, McElmurry, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present.
Pastor Glen Gleaves offered prayer.
Ms. Leckrone moved to accept the minutes of the January 8, 2007 regular meeting as presented.
Mr. McElmurry seconded the motion.
Motion passed unanimously.
Resolution No. 1676 Approving the Annexation of Property Located in the S1/2NW1/4 and N1/2SW1/4 of Section 15, T 31 N, R 31 W, M.P.M (Cabinet Heights new nine hole course) was read by Mayor Berget. The owner of the property, Cabinet View Country Club, Inc. had filed a petition for annexation, which required acceptance by the council.
Mr. Crismore moved to accept the petition filed by the Cabinet View Country Club, Inc. requesting annexation.
Mr. Bothman seconded the motion.
Motion carried unanimously.
Mr. Roll moved to accept Resolution No. 1676 as presented.
Mr. McElmurry seconded the motion.
Motion carried unanimously.
OLD BUSINESS
Kootenai Valley Christian School had requested abandonment of a strip of property owned by the city that had been used as part of the school’s playground for years. The request had been submitted to the Street Committee for recommendation. Mr. Roll said the parcel was basically land locked as the initial street had been shut off from traffic at both ends. He stated after consideration and viewing the parcel it would be appropriate to abandon the property. City Attorney Charles Evans will draw up the necessary documents with the legal description and petition for abandonment.
NEW BUSINESS
Voting requirements of the city council was discussed in length. The wording in question was Part III, Section 4 of the Council Rules of Procedure which states “A quorum shall consist of four council members. The affirmative vote of four council members shall be necessary to adopt or reject any motion, resolution or ordinance or pass any measure unless a greater number is required by statute”. City Attorney Charles Evans reworded the section to read, “A quorum shall consist of four council members. The affirmative vote of three council members shall be necessary to adopt or reject any motion, resolution or ordinance or pass any measure unless a greater number is required by statute”. The wording was still confusing to some of the council members and they requested further clarification. Mr. Evans will confer with the council and reach an acceptable revision of the section.
As the next issue involved a relative of Mayor Berget, he excused himself from the discussion.
Commissioner Rita Windom presented a new concept for an economic vision for the City of Libby. As she explained this concept is not for infrastructure but for the future image of Libby. The concept would be “Libby – City of Eagles” and would be created as a trademark by a local private party. Once the trademark is in place, no other community or organization can use the title reference. As Commissioner Windom explained, the community has embraced the idea of displaying eagles throughout the downtown and through all corridors leading into the city. The Libby Chamber of Commerce has created a “Libby – City of Eagle Fund” for donations to sponsor production of the phenomenal eagles sculpted by Todd Berget. Many of the business either have or plan to incorporated eagles within the murals on their buildings. She asked for the city council’s endorsement of support. The City of Libby would have no fiscal responsibility whatsoever for the project.
Mr. Roll moved to endorse “Libby – City of Eagles” as a trademark and move forward on the project.
Mr. McElmurry seconded the motion.
Motion carried. Mr. Crismore abstained.
COUNCIL ACTION/DISCUSSION
The last 2007 liquor license renewal application for the Elks Club was presented.
Mr. Roll moved to accept the liquor license application for 2007.
Mr. Bothman seconded the motion.
Motion carried unanimously.
Mayor Berget announced the Lincoln County Airport Board has an opening.
The Libby City Council retreat date was discussed. The date was set for Saturday, February 24, 2007 from 9 a.m. until 3 p.m. to be held at the Venture Inn. The retreat is open to the public.
CAG requested participation from the city council. Mr. McElmurry is currently assigned to serve. He requested a telephone reminder before the meetings and would attend.
Eureka City Council meets on Monday, February 12, 2007 at 7 p.m. Members of the Libby City Council plan to attend.
The Tri-City/Lincoln County Commissioners Retreat was scheduled for Tuesday, March 20, 2007 at 7 p.m. to be held at the Libby Dam.
COMMITTEE REPORTS
CEMETERY/PARKS – None.
CITY/COUNTY LIAISON – None.
FIRE – Fire Chief Tom Wood presented the fire report. He discussed the concerns raised from the last three fires. The homes involved were full of vermiculite, which created huge health questions for the firemen and local authorities. There will be a task force created to discuss how to handle the protection of firefighters, where to clean up after the fire, what to do with the site, etc. EPA will be involved and may provide equipment and a clean up station to be used.
BUILDING/INDUSTRIAL PARK – None.
INSURANCE – None.
PERSONNEL – None.
POLICE – Chief Coker presented the monthly report.
RESOLUTIONS/ORDINANCES – None.
WATER – Mr. McElmurry reported a huge leak at the Port Authority property on this date.
SEWER/LIGHTS – None.
SIDEWALKS/CURBS – None.
BUDGET/FINANCE – None.
JUDICIAL – None.
Ms. Leckrone moved to pay the claims as presented.
Mr. Roll seconded the motion.
Motion carried unanimously.
HEAR THE PUBLIC
Jim Rostorfer, P.O. Box 278, Libby, MT spoke regarding his concern regarding the Cabinet Heights annexation.
D. C. Orr, 1117 Nevada, Libby, MT expressed his concerns that the city council does not understand the processes and laws of handling issues.
The meeting was adjourned at 8:28 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
CITY OF LIBBY
CITY COUNCIL ANNUAL RETREAT VENTURE INN CABINET ROOM FEBRUARY 24, 2007 – 9:00 A.M.
The following items were discussed at the City Council Retreat held on the above date. No decisions were made as the meeting was strictly informational.
Mayor Berget welcomed the City Council members and staff. In attendance were Council Members Bothman, Bischoff, Crismore, Roll, McElmurry, and Leckrone. Also present were Lincoln County Commissioner Rita Windom, Street/Water Distribution Supervisor Corky Pape, City Services Supervisor Dan Thede, and City Clerk/Treasurer Chris Erickson.
The following subjects were discussed:
Ø The Mayor gave an overview of the recent Mayor’s Forum held in Helena on February 22nd and 23rd. Highlights were: issues related to lawsuits; the role of the city attorney is to represent the community, not the council or mayor individually; specifically private phone calls or meetings regarding impending subdivisions must be made public at the first opportunity; opinions from the city attorney, attorney general, MMIA and MTLC&T are law until they are challenged in a court of law; conduct at city council meetings including rules of parliamentary procedure; and allowing public comment and participation prior to the beginning of the meeting instead of at the end.
Ø The impending retirement of Dan Thede was discussed. A job description was reviewed. Mayor Berget asked Mr. Thede to complete a procedure manual that outlines the responsibilities of his position. The manual should also include a timeline of events of projects, what reports are required throughout the year, procedures of grant administration, etc.
Ø A meeting in Billings on March 11th regarding special road funds for state highways.
Ø The annual Tri-city/County Commissioner meeting is scheduled for Tuesday, March 20 at the Libby Dam.
Ø The Kootenai Industrial Park District contract with the city for use of the license for testing of the sewer ponds.
The Libby Main Street board requested $15,000 funding for the next year. This request was put to committee for a recommendation. They also asked the council to encourage the Scott Family in the purchase of the old high school building.
$8 Million Fund – It was thought that the contract stated the grants and loans had to be reviewed periodically for balances and payment requirements. A recap page will be attached to the YTD recap for clarification of all loans and grants outstanding. Libby Woodworks was mentioned.
Revision of the fee schedule for the city was discussed. Review of fees for cemetery, parks, business licenses and Ponderosa Room was given to the Budget & Finance Committee for review and revision.
Fireman’s Park was discussed. it was suggested due to the loss of revenue it would be better to present it as a day use only with no overnight camping. The weed problem in the cemetery was discussed. It was suggested to contract with the County Weed Board. Also, there is a co-op grant through the weed board that could be applied for. The Cemetery/Park Committee will look into these issues.
The roof on the city hall building needs to be replaced. The condition of the entire building will be compromised if the roof isn’t repaired prior to the next winter season. The Building Committee will get estimates for fiscal budget 2007-08.
The Riverfront Park lack of design was discussed. The Tree Committee backed out of the project. The following suggestions were offered: Forest service could possibly provide a plan, Ken Peterson may assist, FW&P has grants, Libby Parks District needs a project and the city could apply for a grant with matching funds, and FNB had committed to assisting. The Cemetery/Park Committee will research and define a plan.
The Demo Derby requested assistance at the Kiwanis Park with water for their event this year.
Police officer requirements were discussed as were background check criteria.
Subdivision regulations were addressed. Doug Roll will meet with the planning board. The regulations cannot be amended until the growth policy is in place. Some jurisdictions have adopted a preliminary policy and made amendments to the policy as needed. Uniform codes were discussed. When a developer is utilized, a contract must be in place. The one year window of responsibility begins upon final inspection and approval of the project.
The Council Rules of Procedure were presented by the Montana Local Government Review and are only an addition to the Charter. The city’s Personnel Policy has been adopted and was approved by MMIA.
The water and sewer rates were discussed. It was decided that a rate study needed to be completed. The clerk will contact Harry Waylund at MT Rural Water and Anna Miller and DNRC for direction.
The sewer lagoons at the Kootenai Business Industrial Park were addressed. DNRC has deemed the area to be wetlands. Until that designation changes, it is not feasible for the city to take on the ponds.
Meeting was adjourned at 2:45 p.m.
Chris A. Erickson, City Clerk