THE 1259th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON SEPTEMBER 11, 2006 AT 6:00 P.M. IN THE COUNCIL CHAMBERS
Libby Revitalization requested a meeting with the city council prior to the regular meeting. The meeting was called to order at 6:02 and began with introductions from the LRI board. The purpose of the meeting was to discuss the progress of the Streetscape Plan, the future existence of LRI and to solidify the partnership between LRI and the Libby City Council. The opposition to the streetscape was discussed, as was the future of LRI. A five year commitment from the City was requested. The city council was unable to commit to that request without having it on the agenda for discussion. The city council verbally gave its support to LRI and will discuss future longevity at the October meeting.
Mayor Tony Berget called the regular meeting to order at 7:10 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bischoff, Bothman, Crismore, Leckrone, and Roll, City Attorney Charles Evans, Supervisor of City Services Dan Thede and City Clerk Chris Erickson were present. Council member McElmurry was absent.
City Attorney Chuck Evans addressed the council regarding the Writ of Prohibition received from Judge Prezeau temporarily prohibiting removal of Mr. Crismore as a council member. The council has the opportunity to respond and show cause why not to make the decision permanent for Mr. Crismore to remain. The court must receive a response from the city no later than September 20, 2006.
Mr. Roll moved to accept the minutes of the August 7 and 9, 2006 regular meetings and the minutes of the August 11, August 16, August 21 and August 28, 2006 special meetings as presented.
Mr. Bothman seconded the motion.
Motion carried.
Ordinance No. 1663 Creating a Shade Tree Committee was read for the second time.
Mr. Roll moved to approve Ordinance No. 1663.
Ms. Leckrone seconded the motion.
Motion carried.
Ordinance No. 1669 Floodplain Management Ordinance as set by FEMA was read for the first time. As Mayor Berget explained, the floodplain management measures must be adopted no later than September 29, 2006 or the City of Libby becomes ineligible for flood insurance, new policies cannot be sold and existing policies cannot be renewed. The state law (M.C.A.) dictates the order in which an ordinance must be adopted into law. This would not allow enough time to implement the agreement per FEMA’s deadline. In special circumstances such as this, the community can show through meeting notes that the ordinance will be effective one date but not passed until a later date, which would allow the city to be in compliance with state law.
Mr. Bothman moved that be it hereby ordained that the city council of the City of Libby hereby adopts the attached set of comprehensive land use regulations as the City of Libby’s Municipal Code Title 14, Chapter 32 to replace the existing floodplain regulations that were adopted January 1993 to be effective September 11, 2006 and passed November 6, 2006.
Mr. Roll seconded the motion.
Motion carried.
OLD BUSINESS
The 30-day letter to annex Cabinet Heights was sent out to the required property owners on September 1, 2006. The residents have 30-days to present a written letter to the city if they choose to discontinue water service.
NEW BUSINESS
Andrea Hammond the program director for the Lincoln County Crisis Solutions (LCCS) came before the council requesting information on the possibility of purchasing the crisis center property from the City. The previous history of the facility was explained in brief. As she stated, they have received several grants and have begun rehabilitating the structure and grounds. The group would eventually like to have a facility they can expand, refurbish and not have to worry about being a temporary tenant. They would like the city to produce proof in writing that if they were to pay off the mortgage, the shelter would become the sole property of the LCCS. As Mayor Berget stated, the house was purchased by the city several years ago. The real estate market is not at the same level it was then. If the LCCS considered purchase, it would have to be done legally and each party would have to realize the equity in the property. This item was given to the building committee for a recommendation to be brought back to the regular monthly council meeting on October 2, 2006.
Bob Zimmerman made a request to the city for reimbursement of sewer lines that he had constructed from his home at 717 Main Ave. to the sewer main on California Avenue. He gave a brief history of the adjoining properties and the sewer line hookups each home had to the city’s main. He had been experiencing backup problems due to the size of the lines from the house to the main and the number of hookups that were on the same lines. The city had agreed to assist in the cost by purchasing the materials, which they did. Mr. Zimmerman was to absorb the cost of the actual construction and hookup from his house to the main. His son Brian Zimmerman had misunderstood that he would be able to use Noble Excavating equipment for the job. Noble Excavating had made no such agreement nor had they presented a bid to the Zimmerman’s. Consequently Mr. Zimmerman was charged for the cost. He is now asking for reimbursement from the city stating it is the city’s responsibility to provide the service. This item was presented to the Sewer Committee for a recommendation to be brought back to the October 2, 2006 regular meeting.
The current City of Libby parking ordinance was briefly discussed. It was agreed that parking restrictions were not always enforced during snow removal times and street sweeping times. This issue was given to the Ordinance Committee for recommendation.
COMMITTEE REPORTS
CEMETERY/PARKS – Ms. Leckrone commented the cemetery looked greener and more well kept and wanted to thank the crew.
CITY/COUNTY LIAISON – Mr. Bischoff said the meeting with the Corp. of Engineers regarding the river flow went well. The Secure Schools Program has been authorized for the Libby area.
FIRE – Mr. Roll presented the monthly report.
BUILDING/INDUSTRIAL PARK – Ms. Leckrone reported on the tour of Old City Hall.
INSURANCE – None.
PERSONNEL – None.
POLICE – Chief Coker said Officer Scauflaire is currently at the academy in Helena. He spoke regarding the letter to the editor from Sandy Doubek.
RESOLUTIONS/ORDINANCES – None.
WATER – Mr. Bothman asked when EPA was to be finished with the trench work at the railroad property. The water main on Montana Avenue was finally finished with plenty of valves installed.
SEWER/LIGHTS – None.
SIDEWALKS/CURBS – None.
BUDGET/FINANCE – Ms. Leckrone said the fiscal year 2006-07 budget was approved last month.
Ms. Leckrone moved to pay the claims as presented.
Mr. Bischoff seconded the motion.
Motion carried.
HEAR THE PUBLIC
D.C. Orr spoke regarding Stuart Crismore.
Stuart Crismore addressed the council regarding the misinformation that had been presented about his attendance at the past council meetings. He stated he had no other recourse than to file a lawsuit against the city.
Jim Rostorfer spoke regarding Stuart Crismore.
The meeting was adjourned at 8:40 p.m.
Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
SPECIAL MEETING PUBLIC HEARING – WATER AND SEWER RATE INCREASE COUNCIL CHAMBERS – CITY HALL SEPTEMBER 20, 2006 – 6 pm
Mayor Berget called the public hearing to order at 6:02 p.m. Roll was called. Council members Roll, Bothman, Leckrone, McElmurry, Bischoff and City Clerk Chris Erickson were present. City Services Supervisor Dan Thede was absent.
The public hearing was held to allow the public to make comment regarding the water and sewer rate increase.
D.C. Orr spoke against the increase.
Alan Bernhard requested clarification of the issue.
Cheryl Stern spoke against the increase.
Ronald Stern spoke against the increase.
Meeting was adjourned at 6:18 p.m.
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Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk
SPECIAL MEETING COUNCIL CHAMBERS – CITY HALL SEPTEMBER 21, 2006 – 7 pm
Mayor Berget called the public hearing to order at 7:02 p.m. Roll was called. Council members Roll, Bothman, Leckrone, Bischoff and City Clerk Chris Erickson were present. Council member McElmurry and City Services Supervisor Dan Thede were absent.
The water and sewer rate increase resolutions were presented for adoption.
Ms. Leckrone moved to adopt Resolution No. 1667 approving a rate increase for the City’s water system without the 1,000-gallon adjustment.
Mr. Roll seconded the motion.
Motion carried.
Mr. Bischoff moved to adopt Resolution No. 1668 approving a rate increase for the City’s sewer system.
Mr. Roll seconded the motion.
Motion carried.
NEW BUSINESS
Kelly O’Brian had requested a variance to allow the Libby High School to hold a fireworks display for the Homecoming celebration. As it was, they changed the area to conduct the display from the original request. The new area is in the county, which is in the Rural Fire district. Therefore, the city did not need to take action on the request. He did however state he would like to have the original area for next year.
No public presented comment.
Meeting was adjourned at 7:12 p.m.
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Anthony J. Berget, Mayor
Chris A. Erickson, City Clerk