THE 1251st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JANUARY 9, 2006 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Berget called the regular meeting to order at 7:07 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.
Mr. Crismore moved to accept the minutes from the December 5, 2005 regular meeting with three changes.
Mr. McElmurry seconded the motion.
Motion carried.
Ordinance No. 1654 Revising the Existing County Air Quality Ordinance was scheduled for the second reading. Lincoln County is awaiting some additional changes to the wording and asked that the City of Libby incorporate the changes into the ordinance. The second reading was tabled until the February 2006 regular meeting.
Ordinance No. 1657 was presented for the second reading.
Mr. Roll moved to accept Ordinance No. 1657 Creating a City Planning Board.
Ms. Leckrone seconded the motion.
Motion carried.
UNFINISHED BUSINESS
Eileen Carney, representative for the Kootenai Pets for Life, presented the City Council with a more detailed proposal for their facility. She clarified in depth how the group plans to control the noise from barking dogs. She said they plan to have the spay/neuter clinic on premises. The overall plan detailed a comfortable, safe and healthy environment for the facility. As she explained, most of the funding is in place for the construction and they are awaiting approval from the City Council to begin the plans. Mr. Crismore said Lincoln County has voiced concerns over several issues. He presented a signature list from the surrounding property owners who were against the construction of the facility at that location. No action was taken at this time.
Munro Investment’s request for tax exemption was discussed in length. Bonnie Drew from the Montana Department of Revenue explained how the application process was intended to work. The exemption was for remodeling, reconstruction or expansion of an existing commercial building or structure. Ms. Drew explained that this building was new construction and did not apply to the criteria. She handed out a worksheet that showed the loss of revenue for the city over the period of time should the Council decide to accept the request. Mr. Roll had called the state for clarification on what was meant by “commercial buildings and structures that have not used in a business for at least six months”. He was told by the state that it was up to the City to interpret the criteria for exemption. The Council requested that City Attorney Charles Evans research the application for clarification on the definition of “reconstruction” and clarification of the “six month not in use” criteria. This item was tabled until the February regular meeting at which time Mr. Evans will report his findings to the Council.
Mayor Berget called a five-minute break at 8:04 p.m.
The City Council reconvened at 8:08 p.m.
NEW BUSINESS
Mayor Berget presented the Oath of Office to City Council members Gary Huntsberger, Charlene Leckrone, Lee Bothman and Walt McElmurry who were reelected effective January 1, 2006 for four-year terms.
George Niemi of Kootenai Paving presented a request to the City Council to modify the annual payment plan on his current loan to a seasonal payment schedule. Instead of twelve equal payments annually; it would change to nine equal payments annually. The annual amount of loan payments would remain the same but it would free up operating capital during the winter months, which are the slow time for construction. This item was tabled until the February regular meeting to allow comments from the public regarding restructuring existing loan payments.
Verizon was previously granted an easement on the City of Libby property that allows them to gain access to their tower. The original easement has not been used for years due to the impassability of the easement. Because of this, Verizon has used another ingress/egress route through the City’s property to gain access for a number of years. They are making a formal request to record the current easement that is being used. At the request of Mr. McElmurry, this item was tabled until the February regular meeting to allow the Council to view the area in question and possibly create a different route outside the City’s fenced area rather than grant a permanent easement through City property.
Mr. Huntsberger moved to accept the annual City Hall Maintenance Contract renewal for Gene Wise with no change to compensation.
Mr. Roll seconded the motion.
Motion carried.
Mr. Huntsberger moved to accept the annual City Hall Cleaning Contract renewal for Patty Thompson with no change to compensation. Mary Wise has requested to be removed from the contract effective January 1, 2006.
Mr. Roll seconded the motion.
Motion carried.
There were no comments regarding the Lincoln County proposed land subdivision.
COUNCIL ACTION/DISCUSSION
Mr. Roll moved to accept the 2006 Liquor License renewal for the VFW.
Mr. Bothman seconded the motion.
Motion carried.
The annual City Council Retreat is scheduled for Saturday, January 28, 2006 at the Venture Inn. The meeting, which is opened to the public, will convene at 9:00 a.m.
Mayor Berget announced that the weekly Wednesday morning City Council breakfast meeting would be held at the Venture Inn at 7:00 a.m. until further notice.
COMMITTEE REPORTS
PARKS – Mr. Huntsberger reported the concrete slab was in at River Front Park.
CITY/COUNTY LIAISON – Mr. Crismore said discussion regarding the Kootenai Pets for Life proposal is still being considered.
FIRE – None.
BUILDING/INDUSTRIAL PARK – None.
INSURANCE – None.
PERSONNEL – Ms. Leckrone reported that the issue regarding Mr. McElmurry’s position on the City Council was not within the scope of decision making for the personnel committee. Mr. Evans explained there were three ways to have a City Council member removed from office; any citizen or council member not acting as a city representative could make a formal request to the district court, the person could step down voluntarily or the Mayor could not recognize that person’s votes during meetings.
POLICE – Chief Clay Coker gave the monthly report.
RESOLUTION/ORDINANCE – None.
WATER – Mr. Bothman reported one complaint regarding inadequate water pressure.
SEWER/LIGHTS – Mr. Huntsberger said Dan Thede signed the DEQ request to have the lagoons on the old Stimson property tested.
STREETS/ALLEYS – Mr. Roll presented the monthly report from Supervisor Corky Pape.
SIDEWALKS/CURBS – Lee Bothman is taking pictures of the sidewalks that are in violation of the snow removal ordinance for sidewalks. He stated the worst violators are the Old City Hall and the Memorial Building.
BUDGET/FINANCE – Ms. Leckrone said the Munro Investment request was presented. Mayor Berget announced the annual City audit is being conducted.
JUDICIAL – None.
UNION NEGOTIATIONS – None.
RC & D – None.
KRDC – None.
LADC – None.
CAG – None.
TAG – None.
BOARD OF ADJUSTMENTS – None.
EDUCATION – None.
PUBLIC SAFETY/TRAFFIC COORDINATOR – None.
Ms. Leckrone moved to pay the claims as presented.
Mr. Bothman seconded the motion.
Motion carried.
HEAR THE PUBLIC
Duane Williams reported the new paving on Cedar Street in front of the radio station is eroding to the point he feels will jeopardize the integrity of the street if it is not repaired.
D. C. Orr commented regarding the legal counsel.
The meeting was adjourned at 8:57 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk