THE 1241st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 7, 2005 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 Bothman, Crismore, Huntsberger, McElmurry, Roll, City Services Supervisor Dan Thede, City Attorney Scott Spencer and City Clerk Chris Erickson were present.
Council member Leckrone was absent.
Mr. Crismore moved to accept the minutes as presented from the February 7, 2005 regular meeting and the February 14, 2005 special meeting.
Mr. Roll seconded.
Motion carried unanimously.
Ordinance No. 1631 Plant Investment Fees was read for the second time.
Mr. Roll moved to accept Ordinance No. 1631 Plant Investment Fees.
Mr. Crismore seconded.
Motion carried unanimously.
Mr. Bothman moved to accept Resolution No. 1636 Amending Resolution No. 1343 Providing for the Adoption of Rules and Regulations of the City of Libby Water Utility Deposit.
Mr. McElmurry seconded.
Motion carried unanimously.
UNFINISHED BUSINESS
Mr. Crismore is still trying to obtain other price quotes for the WebCamera. He was directed by Mayor Berget to arrive at a conclusion.
NEW BUSINESS
Libby Logger Days has requested a $1,000 matching donation for purchase of equipment to be used at Libby Logger Days events. There is no line item within the current budget for such donations. The Council would need to make a budget amendment. This would require a public hearing. The Budget Committee will do some research as to the feasibility of an amendment and report back at the special meeting scheduled for March 21, 2005.
The Lincoln County Helpline has ceased to do business. According to the initial agreement with the City of Libby, since donations were used for partial purchase of the property, they are entitled to the equity of the property should they cease to do business. They have requested half of the approximate $16,000 equity to be applied to their remaining debt. They want the balance of the equity (about $8,000) to be donated to the Violence Free Crisis Line in Kalispell, which is currently maintaining shelter for the Libby area. The City of Libby does not own the house outright. The existing loan is approximately $62,000. A newly formed crisis help group has applied for a government grant to continue the crisis center in Libby. The grant, which is very promising, will not be presented until the new fiscal year. They have asked the City not to sell the property, as they would like to utilize it in the near future for the new facility. Instead of selling the property, the City could refinance with additional money to satisfy the equity debt. However, the decision is not solely made by the City of Libby. The Lincoln County Helpline group must grant the City permission to retain the balance of $8,000 for the newly formed group and not require that it be donated to the Kalispell center. The Council will meet with Barbara Benson Newmann, director of the non-operational crisis center, for direction on this issue and report the findings at the March 21, 2005 special meeting. A decision will be made at that time as to the future of the existing property.
The Lincoln County Tourism Coalition has requested that the City of Libby become actively involved in their endeavors by signing the Memorandum of Agreement and appointing a representative from the City Council.
Mr. Crismore moved to join the Lincoln County Tourism Coalition and to choose a City Council representative.
Mr. Huntsberger seconded the motion.
Motion passed unanimously.
Betty Jo Wood, Director of Libby Revitalization, presented a resolution for the Council’s review in support of a Main Street Program for the City of Libby.
Mr. Roll moved to support the Main Street Program for the City of Libby.
Mr. McElmurry seconded the motion.
Motion passed unanimously.
Rick Weinhart, President of the Ministerial Association, came before the Council to request prayer before each City Council meeting. He stated the prayer would be led each week by a different pastor representing any and all faiths.
Mr. McElmurry moved to allow the Ministerial Association to conduct prayer prior to every City Council meeting.
Mr. Crismore seconded the motion.
Motion passed unanimously.
Mr. Bothman requested the issue of Libby Woodworks be tabled until the March 21, 2005 special meeting for resolution as a special Budget and Finance Committee meeting was scheduled for March 8, 2005 to discuss the issue.
A memo from Chris Erickson, City Clerk was included in the packet that provided clarification of the role of independent insurance representative requirements for the Montana Municipal Insurance Authority. The subject was assigned to the Insurance Committee and tabled until the March 21, 2005 special meeting for direction.
COMMITTEE REPORTS
PARKS – Mr. Huntsberger reported park group representatives had met regarding the local walking trails and how the trails will be connected throughout Libby. Rita Windom asked permission from the City of Libby to allow the condition of the mill bridge to be assessed. Lincoln County will pursue a Historical Preservation Grant for the bridge on behalf of the City of Libby. A motion for grant approval will be discussed at the March 21, 2005 special meeting. Mr. Huntsberger also reported that the skateboard park is still being discussed. He suggested selling the parcel of property and donating the proceeds to the development of the new park which will be on City property. Mr. Huntsberger stated EPA meets March 9th. He plans to receive clarification as to why the City river property has not received clearance.
CITY COUNCIL LIAISON – None.
FIRE – Tom Wood reported minimal activity during the month of February. Bill Watt presented an overview of what the State of Montana requires for sprinkling system water mains within specific buildings and what determines those requirements. As he stated, the City of Libby must adhere to the strict guidelines set forth and has no decision – making in those guidelines.
BUILDING/INDUSTRIAL PARK – None.
INSURANCE – The decision of appointing an insurance representative was tabled until March 21, 2005.
PERSONNEL – The Building Inspector position needs to be filled. Ron Higgins is temporarily assisting the City of Libby with inspections. Building Inspection Certification instruction and testing is held every Saturday in Missoula for anyone who is interested.
POLICE – Police Chief Clay Coker reported that the month of February was very quiet.
RESOLUTION/ORDINANCE – Resolution No. 1636 and Ordinance No. 1631 were passed at this meeting.
WATER – Lee Bothman stated the City was trying to bring water service to several parcels in a particular area of Libby.
SEWER/LIGHTS – The sewer issue at the Port Authority was discussed. Mr. Berget will speak with Dan Larson to request a proposal be brought to the City Council for review.
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 – A special committee meeting is scheduled for March 8, 2005 at noon.
JUDICIAL – None.
UNION NEGOTIATIONS – There is a new union representative this year. All issues are negotiable.
RC & D – None.
KRDC – None.
LADC – None.
CAG – None.
TAG – None.
BOARD OF ADJUSTMENTS – None.
EDUCATION – None.
PUBLIC SAFETY/TRAFFIC COORDINATOR – None.
Mr. McElmurry moved to approve payment of the claims as per the claims approval list.
Mr. Roll seconded the motion.
Motion passed unanimously.
HEAR THE PUBLIC
Mr. McQuill asked if there was a noise ordinance within the City of Libby as his neighborhood has had a lot of commotion lately.
Mayor Berget excused himself from the following discussion due to conflict of interest. In the absence of Mayor Berget and Council President Leckrone, Mr. Roll directed the remainder of the meeting.
Millwood Subdivision Approval – Lincoln County approved the proposed Millwood Subdivision. As is the norm, the City of Libby was allowed the right to impose specific requirements for city services within the subdivision. There are no zoning regulations in place within the city limits. Therefore, zoning requirements were not placed on the subdivision. Mr. McElmurry voiced concern of insuring that the sewer lines would be in place to the furthest boundary on the property. Mr. Crismore had concerns regarding making sure street widths were sixty feet and paved, designating streets within the subdivision and making sure all improvements were in place prior to the sale of the property. Mr. Roll stated it was not necessary to develop streets when there was currently no planned development within the proposed subdivision. Mr. Bothman agreed there was no need for city streets in an industrial area, as the city would be required to maintain them. Mr. Thede stated the area would be maintained by property owners and could see no reason to mandate city streets within an industrial area. Mr. Huntsberger questioned if streets were a condition of sale. Mr. Spencer stated the most current rules and regulations he was aware of were from 1980 from Lincoln County. He knew of nothing current although the County had made numerous revisions to the rules and regulations since 1980. Mr. Crismore requested clarification in writing from Mr. Spencer regarding regulations involving subdivisions. Investigation into any pertinent rules and regulations would also be conducted by the City Council. The Council will decide on March 21, 2005 what requirements will be imposed on the subdivision.
Mr. Bothman moved to require that the City Council review the 1980 Rules and Regulations and report the findings at the March 21, 2005 special meeting for a decision on the issue.
Mr. Huntsberger seconded the motion.
Motion passed unanimously.
The meeting was adjourned at 9:05 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 MARCH 21, 2005 AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL
Mayor Berget called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance. Council members Leckrone, Crismore, Roll, Bothman, McElmurry, Huntsberger, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.
Bob Haven of the First Nazarene Church led prayer.
Libby Logger Days budget amendment/public hearing was tabled until the April 4, 2005 regular meeting.
The Insurance Committee was asked to make a recommendation to the City Council regarding appointing an insurance representative for city employees through MMIA.
Mr. Roll moved to appoint Scott Beagle of Kootenai Valley Insurance to represent the City of Libby through MMIA.
Mr. McElmurry seconded the motion.
Motion carried unanimously.
Lincoln County has applied for a historical preservation grant for the old Stimson Mill Bridge owned by the City of Libby. The plan is to refurbish the bridge and to include it in the walking trail route through the City of Libby.
Mr. Huntsberger moved to support Lincoln County in the application for a historical preservation grant for the Mill Bridge.
Mr. Bothman seconded the motion.
Motion carried unanimously.
Barbara Guthneck, Executive Director of the newly formed domestic violence shelter group came before the City Council requesting that the Helpline House not be sold but be allowed to continue to be used for a Lincoln County shelter. The house is currently used as a rental. The prior group has the option to use the equity in the house to satisfy outstanding the debts and distribute the balance however they choose. They have agreed have the debts satisfied and to allow the balance to be put back into another shelter with the stipulation that if the new organization ever ceases business, the amount allocated would be turned over to the shelter in Kalispell for operating costs.
Mr. Bothman moved to refinance the current loan on the city-owned house for the amount of equity in the loan at this time, pay off the existing debt of the obsolete business and apply the balance of the equity to the newly formed shelter.
Mr. Crismore seconded the motion.
Motion carried unanimously.
Libby Woodworks discussion was tabled until the April 4, 2005 regular meeting.
The Evergreen Motel is located on Mineral Avenue. Currently, the City of Libby has posted no parking signs due to loitering and vandalism problems in that area. The Evergreen Motel has requested special permission to allow their guests to park on the street in front of their business. Special parking permits and an amendment to the resolution was suggested.
Mr. Crismore moved to allow issuance of provisional parking permits in designated no parking areas during specific times of the year.
Mr. Roll seconded the motion.
Motion carried unanimously.
Other Business – Todd Berget spoke to the City Council regarding the future of the skateboard park. He said several local youths wanted to get involved with the construction of a new skateboard park and he was asking direction on how to proceed. Gary Huntsberger advised them to attend a parks committee meeting. Mr. Huntsberger said the committee was planning to visit the alternative school to discuss the park plans.
Mr. Roll announced there was a Personnel Committee meeting scheduled for Wednesday, March 23, 2005 at 5:30 p.m. at City Hall.
Public Comment – Ann German shared her view on prayer at the City Council meetings.
City Council adjourned for a short break at 7:32 p.m. Mayor Berget excused himself from the rest of the meeting due to conflict of interest topics.
Meeting reconvened at 7:48 p.m. Council President Charlene Leckrone chaired the remainder of the meeting.
The Millwood Subdivision request for approval was brought back before the City Council. As Scott Spencer explained, the Council has one of two decisions to make; one being to grant preliminary plat approval which contains conditions of approval to be met before final approval is granted or the second being plat approval which would be to approve the subdivision as is with no conditions. Several areas of the subdivision were recommended for conditions of approval.
Sewer/Water – As the Council agreed, both utilities must be approved by the State of Montana if they are located on city property. The widths of the sewer and water lines are important. Development of the utilities prior to selling the property or prior to occupancy was discussed. Importance of where the utilities should be placed and what importance it would be to have them in place prior to knowledge of where buildings, roads, etc. would be located was also talked about.
Mr. Huntsberger moved that a condition of approval would be that 8 inch water and sewer lines would be run to the northeast corner of Lot 1A2B by a platted access easement.
Mr. Crismore seconded the motion.
Public comment was taken.
Motion failed by split decision: Crismore, Huntsberger, Roll voted yay. McElmurry, Bothman, Leckrone voted nay.
Mr. McElmurry moved that a condition of approval would be that eight-inch water and sewer lines would be run to the property as a condition of sale.
Mr. Bothman seconded the motion.
Motion failed by split decision: Crismore, Huntsberger, Roll voted nay. McElmurry, Bothman, Leckrone voted aye.
Streets – The Council discussed the ramifications of requiring designated streets within the subdivision prior to occupancy. Issues regarding reopening paved streets to install utility lines at a later date, the necessity of designating streets at this point, and the required width of streets within the subdivision were debated.
Mr. Crismore moved that a sixty-foot right-of-way be dedicated from the northwest corner of the property to the southeast corner of the property as platted with exceptions made for encroachments.
Mr. Roll seconded the motion.
Public comment was taken.
Motion carried. McElmurry and Huntsberger opposed.
Sidewalks – The Council decided sidewalks would not be an issue until such a time as roads are dedicated.
Mr. Roll moved that no conditions of approval would be placed on sidewalks.
Mr. McElmurry seconded the motion.
No public comment was offered.
Motion carried unanimously.
Lights – As there are no utilities, sidewalks or development, it was decided no requirement for lighting would be necessary.
Mr. Roll moved that no condition of approval would be placed on lights.
Mr. McElmurry seconded the motion.
Public comment was taken.
Motion carried unanimously.
Surface Water – Todd Berget told the Council that the engineers had located an old storm drain system that tied into the Stimson property but they were not sure if they would utilize it. The Council agreed, that per state requirements, too much of the land is undeveloped; therefore, no conditions would be placed regarding surface water at this time.
Public comment was taken.
Fire – The Council agreed that any fire code requirements concerning buildings, hydrants, etc. was mandated by the State of Montana so it was not necessary to place conditions at this point.
Public comment was taken.
The Council revisited the importance of placing conditions upon the subdivision regarding water and sewer utilities before approval of the preliminary plat. Once the preliminary plat is accepted, it will be too late to make any conditions of approval. After more discussion, the Council agreed that it was not necessary to place conditions on the current owner of the property that are based on future hypothetical issues.
Mr. Roll moved that eight-inch water and sewer mains would be brought to the property line of the proposed subdivision upon sale of any lot within the subdivision and the cost of doing so would be determined between the buyer and seller of the property.
Mr. Bothman seconded the motion.
Public comment was taken.
Motion carried. Huntsberger and Crismore opposed the motion.
Meeting adjourned at 10:31 p.m.
Anthony J. Berget, Mayor
Charlene Leckrone, Council President
Chris Erickson, City Clerk