THE 1265th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 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 Darwin Scofield of the Libby Baptist Church offered prayer.
Mr. Roll moved to accept the minutes of the January 5, 2007 regular meeting and the city council retreat of February 24, 2007 as presented.
Ms. Leckrone seconded the motion.
Motion passed unanimously.
Resolution No. 1677 Approving the Annexation of Property Located in the NW ¼ SE ¼ of Section 4, T. 30N. R 31W, P.M., MT (Brian Wilkins’ property on Mahoney Road) was read by Mayor Berget.
Mr. Roll moved to accept Resolution No. 1677 as read.
Mr. McElmurry seconded the motion.
Motion carried unanimously.
OLD BUSINESS
NEW BUSINESS
The annual cleaning and maintenance contracts were presented for renewal. Although, it is the policy to advertise both positions for bid every three years, both contracts are renewed on an annual basis. They will both be advertised for bid again in December 2007.
Mr. Roll moved to renew the cleaning contract with Patty Thompson and the maintenance contract with Gene Wise for another year.
Ms. Leckrone seconded the motion.
Motion carried unanimously.
The Request for Qualifications for the Cabinet Heights sewer line extension project was discussed. As Dan Thede said, it is necessary to obtain an RFQ for engineering services in order to have the ability to advertise to continue with the project and to finish the final drafts. Then bids can be requested to complete the project.
Mr. Bischoff moved to solicit for an RFP for the Cabinets Heights sewer line extension project.
Mr. Crismore seconded the motion.
Motion carried unanimously.
There have been numerous requests from the public for disbursement of the balance of the $8 million fund and inquiries as to what the city is proposing to do with the balance in the account. There are various loan payments and interest payments that are coming back into the account. It was recommended by the budget and finance committee that all the monies in and returning to the fund should be held in reserve to be used in the form of loans and/or grants to the City for the purpose of assisting with funding the following projects: Cabinet Heights sewer line extension; expansion of the city’s wastewater treatment plant; and the Streetscape Plan for downtown Libby. The recommendation will be put on the next agenda for consideration.
Mayor Berget stated, from this point on, the council will make a concerted effort to run the meetings as directed by Roberts Rules of Order. The council will request to be recognized by the Chairman and not speak out during the meetings.
City Attorney Charles Evans presented an amendment to Part III, Section 4 of the Council Rules of Procedure to finally clarify the intention of the ruling. After additional discussion from the council, the wording was amended.
Ms. Leckrone moved to amend Part III, Section 4 of the Council Rules of Procedure as follows: “A quorum shall consist of four council members. Assuming that at least a quorum is present, the affirmative vote of a majority of council members present shall be necessary to adopt any motion, resolution, ordinance or other measure, unless a greater number is required by statute or unless there is a tie vote. If there is a tie vote, the Mayor shall break the tie with his vote”.
Mr. McElmurry seconded the motion.
Tom Wood commented on the wording.
Jim Rostorfer commented on the clarification.
Motion carried with a majority vote.
Mr. Roll voted nay.
COUNCIL ACTION/DISCUSSION
Mayor Berget announced the Lincoln County Airport Board has three people, Don Cox, Ron Denali and Stu Crismore expressing interest to serve on the board.
The Tri-City/Lincoln County Commissioners Retreat is scheduled for Tuesday, March 20, 2007 at 7 p.m. to be held at the Libby Dam.
The Libby Planning Board’s next meeting is scheduled for March 27th.
A road fund meeting for State highways is scheduled for May 11, 2007 in Billings, MT.
COMMITTEE REPORTS
CEMETERY/PARKS – Ms. Leckrone said the weed situation at the cemetery was discussed at the retreat and a resolution is in the works.
CITY/COUNTY LIAISON – Mr. Bischoff reminded the council of the upcoming meeting at the Libby Dam on March 20th.
FIRE – Fire Chief Tom Wood presented the fire report. He said they have applied for another grant in the amount of $11,000 for a helmet mounted thermal imaging unit. They are also writing up a request for funds, which will be presented to the state Senators, to deal with the asbestos situation at fires.
BUILDING/INDUSTRIAL PARK – Ms. Leckrone emailed the Scott Family who are interested in purchasing the old high school building. She offered her personal support for their interest in the purchase. The committee will obtain bids for a new roof for city hall for the 2007-08 budget.
INSURANCE – None.
PERSONNEL – None.
POLICE – Chief Coker presented the monthly report.
RESOLUTIONS/ORDINANCES – None.
WATER – Mr. McElmurry reported a concern with electronic problems at the plant. Cummins is repairing the electric board.
SEWER/LIGHTS – Mr. Bischoff said a huge list of burned out street lights was turned in to Flathead Electric.
STREETS/ALLEYS – Mr. Roll reported the department is searching for a new end loader to purchase.
SIDEWALKS/CURBS – Mr. Bothman said Vicki Lawrence was inquiring how to best remove stumps that remain on Spruce Street after the power company removed the trees.
BUDGET/FINANCE – Ms. Leckrone presented several recommendations to increase the cemetery, Fireman’s Park, Ponderosa Room and business license fee schedules. These will be on the agenda for the April meeting.
JUDICIAL – None.
UNION NEGOTIATIONS – Mr. Bothman reported there is some conversation between the employees already regarding several issues.
Ms. Leckrone moved to pay the claims as presented.
Mr. Roll seconded the motion.
Mr. Crismore questioned the payment to Charles Evans. He inquired as to how much the city attorney has billed the city to date for services rendered regarding his case. Mr. Crismore also asked how much more would be incurred. As Mayor Berget stated it was impossible to determine because the judge has not responded to the appeal and that possibly there would not be a cost to the city other than what Mr. Evans has billed.
Motion carried unanimously.
HEAR THE PUBLIC
D. C. Orr, 1117 Nevada, Libby, MT spoke of legal vs. moral responsibilities.
Jim Rostorfer, P.O. Box 278, Libby, MT spoke regarding the rules and procedures.
The meeting was adjourned at 8:14 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
THE REGULAR WEEKLY BREAKFAST MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 28, 2007 AT 7 A.M. AT HENRY’S CAFE
Mayor Berget, council members Bischoff, Bothman, Leckrone, McElmurry, and Roll, and Supervisor of City Services Dan Thede were present. Council member Crismore was not in attendance.
Neva Dakota and Greg Patnude presented a request for sewer extension on Hamann Avenue. Discussion followed with questions regarding Hamann Avenue annexation, floodplain, clay material and the distance from the existing sewer main.
No decisions were made as this is a discussion only forum open to the public.
HEAR THE PUBLIC
Mark Larson spoke regarding the clay dirt creating problems with the sewer.
Lee Bothman, Council Member