THE 1280nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD MAY 5, 2008 AT 7:00 PM IN THE COUNCIL CHAMBERS.
Mayor Berget called the meeting to order at 7:05 and led the Pledge of Allegiance. Roll was called. Council members Mr. Bothman,, Mr. Bischoff, Mr. Roll, Mr. McElmurry, Mrs. Williams and Ms. Leckrone were present. Tanya Gehrke, Deputy Clerk , Mayor Berget, Dan Thede, Supervisor of City Services and Charles Evans, City Attorney were also present.
Mr. McElmurry made a motion to accept the minutes from the April 7, 2008 and April 15, 2008 regular meetings.
Mr. Bischoff seconded the motion.
Motion passed unanimously.
UNFINISHED BUSINESS
Tungsten Holdings regarding Alley Abandonment in Block 11, Faust Addition Resolution #1698. Once Resolution #1698 is rewritten to include all cost for relocation of water lines will be paid by Tungsten Holdings the Council voted to pass it.
Mr. Roll, Mr. Bothman, Mr. McElmurry, Mr. Bischoff and Ms. Leckrone voted in favor.
Mrs. Williams voted against the motion.
Resolution #1699 regarding creating a Special Improvement District to install new sidewalks, lighting and trees along the first two blocks of Mineral Avenue was amended to read Resolution of Intent to create a Special Improvement District. Ms. Leckrone made a motion to accept the amended Resolution #1699.
Mr. Bischoff seconded the motion
Motion passed unanimously. City Attorney Charles Evans copies of steps to create an S.I.D. to each council member.
Mr. Roll made a motion to pass the Relocation of Common Boundaries in Decker Addition Block 5, Lots 3,4, and 5.
Mr. Bothman seconded the motion.
Mr. Roll, Mr. Bothman, Mr. Bischoff, Ms. Leckrone, and Mrs. Williams voted in favor.
Mr. McElmurry voted against.
Trent Oelberg spoke regarding the Mineral Avenue Streetscape plan. Mr. Bischoff felt that the costs should be cut. Mr. Roll suggested getting started on some of the projects and holding off on others. Mr. Bischoff asked if the S.I.D. didn’t pass is the City going to pay for the project? Mr. McElmurry wanted to check with City Treasurer Glena Young on the availability of funds. Mayor Berget said that there is money available in cash reserves in Lighting. The amount of $20,000.00 had been budgeted for this purpose and a budget amendment needs to be done in the amount of $20,000.00. Mr. Roll made a motion to start the work with $40,000.00.
Ms. Leckrone seconded the motion.
Mr. Roll, Mr. Bischoff, Ms. Leckrone, Mrs. Williams, Mr. McElmurry voted in favor.
Mr. Bothman voted against.
NEW BUSINESS
Vicki Lawrence, 803 California Ave. of the Tree Board reported that the Tree committee has planted 45 trees in the past 2 weeks. She was asking the City Council’s support on the issue about a healthy tree being cut down by a family on Louisiana Avenue. There were several issues brought up questioning if the tree was diseased and Vicki reported that it had aphids. Because of possible misunderstandings the City will pay for the cost of a deciduous tree to replace the one that was cut down.
Sandy Doubek 3666 Hwy 2 South, owner of the Pastime Bar requested a street closure on the 200 Block of Mineral for a Logger Days Street dance June 25 & 26, 2008 and a Rodeo dance July 25 & 26, 2008. Because the Rodeo Street Dance wasn’t on the agenda she will have to re-approach the Council in June for that event. For the Logger Days dance the street will be closed from 6:00 p.m. until 2:00 a.m. and the music will quit at midnight. Mr. Roll made a motion to allow the street closure.
Mr. Bothman seconded the motion.
Motion passed unanimously.
Jim Mee, representing the Cabinet View Country Club, questioned the Councils decision on removing the 2007 Lighting and Sprinkling assessment on one of their 2 separately deeded properties. Mayor Berget said that since the Cabinet View Country Club had filed papers to join the 2 pieces of property on Dec. 26, 2007 the City would remove one of the assessments. Mr. Bothman made a motion to remove the Lighting and Sprinkling assessment on one of the 2 pieces of Cabinet View Country Clubs properties.
Mr. Roll seconded the motion.
Motion passed unanimously. The City now needs to notify the Dept. of Revenue of the change so that they can get the change to the Lincoln County Treasurer’s Office.
Wally Winslow was addressed by Mayor Berget and City Attorney Charles Evans regarding well drilling in the City limits. The City of Libby has hired an Attorney, Allan Payne and he will work with International Paper regarding the issue. The City has also hired Apec Engineering to try and come up with a plan to increase water pressure without installing pressure relief valves. Apec is to have the information to the City by June 2008.
Mayor Berget removed himself from discussion regarding the Millwork West Subdivision. Lisa Oedewaldt from Lincoln County Planning submitted the subdivision which is a 2 lot 6 acres subdivision. The City has until May 30, 2008 to make a decision on it.
Resolution #1697 dealing with the transfer of $1,201.00 from the Cemetery Improvement fund to the General fund in the Cemetery was passed. Mr. Roll made the motion.
Mr. Bischoff seconded the motion.
Motion pass unanimously.
Mayor Berget questioned claim #22632 check #23577. Dan Thede said that he wasn’t sure about the claim. Ms. Leckrone made a motion to approve the claims minus #22632 until further discussion with Corky Pape about the claim.
Mr. Roll seconded the motion.
Motion passed unanimously.
Mayor Berget stated that the second meeting of the City Council will be held Tuesday May 20th, 2008.
COMMITTEE REPORTS
Supervisor of City Services, Dan Thede reported the City has found someone to update our CAD machine/system so we would have the ability to print updated maps showing newly annexed property and water and sewer lines. Sandra Owen said that she has the ability and she would work for $18.00 an hour. She felt that she could complete the work in 1 week. Also he reported that the work on the roof at City Hall has been scheduled.
Mr. Bischoff, with the Insurance Committee, reported that a representative from MMIA will be here on May 15, 2008.
Tom Wood, LVFD Chief, has received notification from ISO regarding the grading procedure that establishes fire insurance rates in Libby. ISO will be in Libby the week of June 23, 2008.
Clay Coker, City Police Chief, reported that in April 2008 they received 265 calls and made20 arrests. He discussed the Montana Law Enforcement Testing Consortium System which would provide a larger pool to draw applicants from when hiring Officers. There is a cost of $10.00 per Officer to join so the total cost would be $50.00.
Mayor Berget reported that the Montana Dept. of Commerce is having a luncheon at the Grouse Mountain Lodge in Whitefish on May 8, 2008 regarding the development of Montana’s Consolidated Plan. The Consolidated Plan is used to identify the needs and allocate resources to provide assisted housing, and health and social services to communities. Anyone interested in attending the luncheon it is from noon until 1:30.
HEAR THE PUBLIC
Robert Lethrud, 1232 Nevada Avenue, stated that he had been walking across the Flower Creek footbridge where he fell through the bridge and broke his glasses. A plank from the bridge had been removed and he stated that the overall condition of the bridge is very poor. He requested reimbursement for the cost of new glasses and Mayor Berget explained that he needs to come to City Hall and submit a claim to MMIA. Robert Lethrud also requested a 4 way stop sign at the corner of Flower Street and Nevada Avenue. Also there are several cottonwood tree snags along the creek that are dangerous and need to be removed.
Bill Cunnane, Tina Brewer and Phillip Coblentz with the Libby Evangelical Area Pastors(LEAP) volunteered their services if needed to offer prayers at upcoming Council meetings.
Meeting adjourned at 8:49 p.m.
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Mayor Anthony J. Berget
Deputy City Clerk, Tanya R. Gehrke
THE 1281th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MAY 20, 2008 AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Mayor Tony Berget called the meeting to order at 7:00pm and lead the Pledge of Allegiance.
Mr. Bischoff, Mr. McElmurry, Ms. Leckrone and Mrs. Williams were present. Mr. Roll and Mr. Bothman were absent. City Attorney, Chuck Evans and City Clerk/Treasurer were also present.
Mr. McElmurry made a motion to accept the minutes from the May 5th meeting with the omission of Cami Winslow.
Mr. Bischoff seconded the motion.
Motion Passed
UNFINISHED BUSINESS
Gary Huntsberger was not present and asked before the meeting to be taken off the agenda.
Mr. Bischoff made a motion to approve the Millwork West Subdivision.
McElmurry seconded the motion.
Motion Passed
Mr. Bischoff made a motion to approve the Millwork West Subdivision, subject to the conditions submitted by the County Planning Dept. and Dan Thede.
Ms. Leckrone seconded the motion.
Motion Passed. A revision of the motion to approve the Millwork West Subdivision was made by Mr. Bischoff to include, with the County Planning Dept. and Dan Thede.
Ms. Leckrone seconded the motion.
Motion Passed
NEW BUSINESS
Melissa and Jason Beck requested a variance of Block 8 Lots 9, 10 & 11 of the Faust Addition from 25 ft. to 15 ft. Property located at 810 Dakota Ave. The Mayor and Council will meet at the property on May 21, 2008 @ 8:00am before making a decision. A decision will be made @ the next regular meeting on June 2, 2008.
COUNCIL ACTION/DISCUSSION
Ms. Leckrone made a motion to approve payroll for April 2008.
Mr. Bischoff seconded the motion.
Motion Passed
ANNOUNCEMENTS
COMMITTEE REPORTS
The Insurance committee recommended that the City of Libby remain with MMIA for FY-09. Ms. Leckrone made a motion to accept the recommendation of the Insurance committee.
Mr. McElmurry seconded the motion.
Motion Passed
Matter of Terry Watson went to Personal committee.
HEAR THE PUBLIC
Mayor Berget adjourned the formal meeting and the council and mayor moved to the front table to discuss the gun use in the city limits and adjacent property in an open forum with the public. City Attorney, Chuck Evans read from the MCA on the gun range laws. Mr. Evans said that the Codes concerning issue start at 76-9-101. It was agreed that the city has no right to govern outside the city limits, that the city would talk to the owner of the gun range, that the public could get together and take the issue to court or have a public meeting, that the city might be able the extend their limits to govern outside the city limits on this issue with a zoning ordinance, that this is a much larger issue than can be resolved in one meeting.
Lawrence Carlberg of 10004 Wisconsin, spoke again on the need for a stop sign and speed limit signs on the corner of Wisconsin and 8th Ave. and the many stop signs around the city that are needed. The public made comment. The mayor and council were in agreement and will take it to committee.
ADJOURNMENT
The meeting was adjourned at 8:17pm by Mayor Berget
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Mayor Anthony J. Berget, Mayor
Glena L. Young, City Clerk/Treasurer