THE 1248th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON OCTOBER 3, 2005 AT 6:30 P.M. IN THE COUNCIL CHAMBERS
PUBLIC HEARING – WATER & SEWER HEARING RATE INCREASES
Mayor Berget called the public hearing to order at 6:35 p.m. and led the Pledge of Allegiance. Roll was called. Council members Huntsberger, Leckrone, McElmurry, Bothman and Roll, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present. Council member Mr. Crismore was absent.
Mayor Berget explained the proposed water and sewer rate increases. He also explained the justification for the rate increase and how the enterprise funds are collected.
Jim Morey questioned the resolutions for rate increases that were placed on the agenda immediately following a public hearing. He felt the Council should wait and take time to make a decision before voting immediately. Mr. Morey also said the rates were too high.
Jeff Gruber voiced his concerns about the rate increase. He suggested raising the 1986 ruling that banned wells within the city limits.
Beth Lee asked about assistance for utility payment for low-income residents.
Scott Thompson said the city is so close to the river that something should be done to utilize that water. He also suggested lower rates during the summer months.
Sam Sather questioned the water hydrant charge.
Rey Reisman stated to make the tenants responsible for delinquent water charges, not the property owners.
D. C. Orr disagreed with the rate increases. He requested that the Council table the vote on the resolutions until they could discuss the public hearing requests.
David Anderson also disagreed with the rate increases.
The public hearing was adjourned at 7:06 p.m.
Mayor Berget called the regular meeting to order at 7:15 p.m. and led the Pledge of Allegiance. Roll was called. Council members Huntsberger, Leckrone, McElmurry and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present. Council member Mr. Crismore was absent.
Eddie Young of the Kootenai Valley Church offered prayer.
Mayor Berget presented the Oath of Office to the new City Attorney Charles Evans.
Mr. Roll moved to accept the minutes from the September 12, 2005 regular meeting and the September 19, 2005 special meeting.
Ms. Leckrone seconded the motion.
Motion carried unanimously.
Mayor Berget and the City Council agreed to table Resolution No.1649 – Resolution of the City of Libby approving a rate increase for the City’s water system and Resolution No. 1650 – Resolution of the City of Libby approving a rate increase for the City’s sewer system in order for the City Council to give further consideration to the public hearing comments.
UNFINISHED BUSINESS
The Council briefly discussed the request from the Police Department to utilize the front portion of the Old City Hall when the current tenants vacate the area.
Mr. Roll moved to allow the police department to move into the front portion of the Old City Hall and share the space with Libby Revitalization, Inc. once the current tenants vacate the space.
Mr. McElmurry seconded the motion.
Motion carried unanimously.
NEW BUSINESS
The request for annexation of Creekview Estates was discussed. Mayor Berget pointed out the area on the city map. Brief discussion ensued.
Mr. Roll moved to approve annexation of Creekview Estates.
Mr. Bothman seconded the motion.
Commissioner Windom made note that Hamann Avenue residents were complaining about the heavy truck traffic since the onslaught of construction of the Creekview Estates. The County never allowed truck traffic on Hamann Avenue due to the disruption to residents on that particular street.
Motion carried. Mr. Huntsberger abstained.
The request for annexation of the City of Libby Wastewater Treatment Plant was tabled until the October 17th special meeting.
The request for annexation of the City of Libby vacant land/gravel pit was tabled until the October 17th special meeting.
The minor subdivision request from Kootenai Surveyors was for information only.
Montana Municipal Insurance Authority (MMIA) advised the City of Libby to restructure certain parts of the current personnel policy and procedure manual to ensure ongoing compliance in order to renew the employment practices liability coverage with MMIA.
Ms. Leckrone moved to accept the changes made to the City of Libby Personnel Policies and Procedures manual as advised by MMIA.
Mr. Roll seconded the motion.
Motion carried unanimously. Mr. McElmurry abstained.
Other sections of the City of Libby Personnel Policies and Procedures Manual requiring clarification will be tabled until the October 17, 2005 special meeting.
The Port Authority made the decision within the organization to separate out the Stimson Mill property into an industrial district. It was questioned why the property was not advertised for public auction, why no public hearing was held, and who will oversee the operation.
The City/County Nursing District issue was tabled until the October 17, 2005 special meeting.
The potential development of a City Planning Committee will be on the October 17, 2005 special meeting agenda.
COMMITTEE REPORTS
PARKS – Mr. Huntsberger reported he learned that the City of Libby was a member of Street City USA and that there was a tree committee already formed.
CITY/COUNTY LIAISON – Commissioner Windom informed the Council that the county was allotted extra money for the Libby and Eureka animal shelters; both the Libby and Eureka airports are set for expansion; J. Neils Park will be upgraded to host the Babe Ruth Tournaments; the courthouse sidewalks and lighting mounts are completed; and a public hearing for Swamp Creek road improvement is scheduled for October 27, 2005.
FIRE – Tom Wood again reminded the Council that the Port Authority has no fire protection in place. As he said, if there were a fire, they would respond but they needed to be annexed into the city limits in order to brought into compliance.
BUILDING/INDUSTRIAL PARK – Ms. Leckrone reported on the sidewalk improvement scheduled for the Old City Hall building.
INSURANCE – None.
PERSONNEL – Ms. Leckrone reported the city hired Charles Evans as the new city attorney.
POLICE – Police officer Brandon Littrell gave the monthly police report.
RESOLUTION/ORDINANCE – None.
WATER – None.
SEWER/LIGHTS – Mr. Huntsberger reminded everyone to report any malfunctioning street lights to the police department.
STREETS/ALLEYS – Mr. Roll reported that Lee VanAlstine passed his commercial drivers license exam. The city crew has been busy painting the curbs.
SIDEWALKS/CURBS – Lee Bothman said money was allocated from the building maintenance budget to repair the sidewalk around the Old City Hall building.
BUDGET/FINANCE – None.
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. Roll seconded the motion.
Motion carried unanimously.
HEAR THE PUBLIC
Comments from the public were taken
The meeting was adjourned at 8:47 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
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SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LIBBY OCTOBER 17, 2005 AT 7:00 P.M.COUNCIL CHAMBERS AT CITY HALL
Mayor Anthony Berget called the special meeting to order at 7:02 p.m. and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Erickson were present. Council members Leckrone and McElmurry were absent.
Mr. Crismore moved to accept Resolution No. 1649 Approving a Rate Increase for the City’s Water System.
Mr. Roll seconded the motion.
Motion carried.
Mr. Roll moved to accept Resolution No. 1650 Approving a Rate Increase for the City’s Sewer System.
Mr. Crismore seconded the motion.
Motion carried.
Mr. Crismore moved to accept Resolution No. 1651 Approving Communication and Action to Resolve the Shortfall in Needed Funding for Energy Assistance Programs in Montana.
Mr. Roll seconded the motion.
Motion carried.
Mr. Crismore moved to accept Resolution No. 1652 Approving and Adopting the Revised and Restated Interlocal Agreement Governing the Montana Municipal Insurance Authority.
Mr. Roll seconded the motion.
Motion carried.
UNFINISHED BUSINESS
Annexation of the City of Libby’s wastewater treatment plant and the quarry was discussed. City Attorney Charles Evans pointed out that the 1972 Growth Plan for the City of Libby was never updated nor has it been followed very closely throughout the years. He cautioned the Council to be aware of the Growth Plan to make sure the annexation fits the plan for an informed decision. He advised the Council to take into consideration certain issues and reminded them that the current growth plan should be fully understood before any changes are made. City Attorney Evans will research the Montana Annotated Codes for information on annexation of contiguous government lands.
The City of Libby annexation issues will be tabled until further review of the Growth Plan.
Mayor Berget explained the role of a Planning Board within a municipality. The Council agreed it should be a stand-alone planning board and not be combined with the County. The following individuals have volunteered to spearhead the Planning Board: Barb Desch, Bruce Moog, Bill Bischoff, Peggy Williams, Ron Thatcher, and Amber Bresgner.
Mr. Roll moved to accept the individuals who volunteered for the City of Libby Planning Board.
Mr. Bothman seconded the motion.
Motion carried.
Montana Municipal Insurance Authority has advised the City of Libby to review Leaves of Absence, Travel Reimbursement, Job Descriptions and Drug Testing policy issues that are included in the City of Libby’s Personnel Policy and Procedure Manual.
Mr. Roll moved to require all full time employees of the City of Libby to submit to random drug testing.
Mr. Bothman seconded the motion.
Motion carried.
Leaves of Absence, Travel Reimbursement and Job Descriptions sections will be tabled to allow for more research to be completed.
NEW BUSINESS
The formation of a City/County Board of Health was tabled until the November 7, 2005 regular meeting.
A letter from the Kootenai Pets for Life requesting a variance was tabled until the November 7, 2005 regular meeting.
The role of the Board of Adjustments was briefly discussed. As there is a resolution in place dictating responsibility of the Board, any changes would require a new resolution.
Mr. Crismore discussed garbage that continued to pile up at a particular residence on Dakota Avenue. He also inquired as to when the City enforces the garbage issues that affect streets and alleys.
Chief Clay Coker was asked what were the times for beginning and ending construction activity within the city limits.
No public requested to be heard.
Meeting was adjourned at 8:36 p.m.
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Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk