THE 1288TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, SEPTEMBER 8, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS
Council president Charlene Leckrone called the meeting to order at 7:01pm and led the Pledge of Allegiance.
Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone, Mr. McElmurry and Mr. Bischoff were present. City Attorney Chuck Evans and City Clerk/Treasurer, Glena L. Hook were also present. Mayor Berget was absent.
Prayer was offered by Reverend Sherry Edwards, of the First Presbyterian Church.
Mr. McElmurry made a motion to accept the minutes from the regular meeting of Tuesday August 19, 2008 with the correction of changing the word began to end in second paragraph under Council Action/Discussion. This is the paragraph pertaining to granting Pit Bull dogs to be kept inside the city limits.
Mr. Bischoff seconded the motion.
Motion passed.
Ordinance # 1708, final reading and passage of Business License Ordinance; Mr. Bothman made a motion to accept Ordinance # 1708.
Mrs. Williams seconded the motion.
Motion passed.
Townsend Subdivision; Mr. McElmurry made a motion to approve the Townsend Subdivision with City Supervisor, Dan Thede’s recommended requirements and Lincoln County Planning’s recommendations.
Mrs. Williams seconded the motion.
Council member Mr. Bischoff abstained from voting on the Townsend Subdivision.
Motion passed.
Niche Wall, S. Schnackenberg; The committee recommended the approval of the Niche Wall with the conditions as follows. 1) The location of the niche wall be along the creek in the area of the old rose garden. This location is unsuitable for grave sites but would offer an attractive, easily accessible site for an above ground structure such as Mr. Schnackenberg is proposing. The city will sell Mr. Schnackenberg the equivalent two grave sites for the construction of the facility. 2) The short term and long term maintenance of the niche wall belongs to the Schnackenberg Funeral Home and its successors or assigns. A fee of 15% of the sale price of each niche will be assessed and paid to the City of Libby for a permanent fund that will be set aside for the perpetual care of the cemetery. 3) A written agreement outlining each parties responsibilities will be drawn up so that there will be no future misunderstandings of ownership and maintenance responsibilities of the niche wall and the grounds surrounding it.
Mr. Bischoff made a motion to approve the committee’s recommendations and sell Schnackenberg Funeral Home the 2 lot equivalent for $600.00.
Mr. McElmurry seconded the motion.
Motion passed.
Mrs. Williams made a motion to approve payroll and claims for August 2008.
Mr. Bothman seconded the motion.
Motion passed.
The committee recommended that the Mineral Ave. Streetscape be started first thing in the spring of 2009. Phillip Erquiaga of 82 Cedar St. Ext. asked if the money for the streetscape would still be available in the spring of 2009. Council Chair Ms. Leckrone explained to Mr. Erquiaga that the money already set for the Mineral Ave. streetscape would be budgeted and would be available in the spring. Bill Cunnane of 622 Michigan Ave. stated he did not like the idea of using money for the streetscape before it is collected. City Clerk/ Treasurer explained that the only money being used before collection is the SID tax money that, the owners of the property in the streetscape district are paying back over a 20 year period and that this is a very small amount of the streetscape project cost.
Trent Oelberg reported that the Tree Board is trying to get a grant to pay for the trees needed for the Mineral Ave. streetscape and also more trees to be planted on Lincoln Blvd. Vicky Lawrence stated that with part of the grant money they would like to tie into the Mineral Ave. streetscape irrigation system to water the trees to be planted on Lincoln Blvd.
Jim Regh of 95 Regh Ave. stated that he would like to annex some of his property into the city. Dan Thede explained that Mr. Regh knows he would need to put together a request for annexation and come before the Council. His request will be put on the next agenda September 16, 2008.
Ms. Leckrone adjourned the meeting at 7:45pm.
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Council Chair, Charlene Leckrone
Attest:
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City Clerk /Treasurer Glena L. Hook
THE 1289TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, SEPTEMBER 16, 2008 AT 7:00PM IN THE COUNCIL CHAMBERS
Mayor Berget called the meeting to order at 7:00pm and led the Pledge of Allegiance.
Council members Mrs. Williams, Mr. Roll, Mr. Bothman, Ms. Leckrone and Mr. Bischoff were present. City Attorney Chuck Evans and City Clerk/Treasurer, Glena L. Hook was also present. Mayor Berget and Council member Mr. McElmurry was absent.
Mr. Roll made a motion to accept the minutes from the regular meeting held Monday September 8th 2008.
Mr. Bischoff seconded the motion.
Motion passed.
UNFINISHED BUSINESS
Niche wall boundaries; Mrs. Williams met with Mr. Schnackenberg to stake out the Niche Wall area. Mr. Thede will have Blocks extended so that the boundaries are set before the sale of the two lots for the Niche Wall. Mr. Evans, the City Attorney, recommended that the City not sell the property for the Niche Wall, but do a 99 year lease.
Regh Annexation; The council decided that a recommendation from Dan Thede with a legal description was needed before the Regh property is annexed into the city. The Regh annexation will be put on the next council meeting agenda.
Gary Huntsberger of 533 Northwood wanted a response to question in a letter he wrote to council about Libby Lofts in March of 2008. Mr. Huntsberger would like more information before the sale of any of the property at the Libby Lofts site and believes a Declaration of Condominium should be present. Mr. Huntsberger stated that he gave questions to City Attorney Chuck Evans. Mr. Evans stated that he had read the question that Mr. Huntsberger had given him and that he did not believe that the there is anything the city needs to act upon at this point.
Gary Huntsberger of 533 Northwood also wanted to know what is happening to the ED Fund, formally known as the LADC Fund. Mr. Huntsberger wanted to know if the ED money is still available to be granted for Economic Development in Libby. Mayor Berget stated that a lot of the ED Money is tied up at the moment but that he estimated about 4 million would be coming back into the ED Fund and that he hopes to open the funds for Grants and Loans at that time.
Lee Disney of 2580 Bear Ck. Rd. wanted the council to know that Libby Lofts was well aware of Mr. Huntsberger’s concerns. He stated that since the loss of Eric the Libby Lofts person that was handling this part of the project that Libby Lofts was in the process of learning and putting in place requirements. He wanted Mr. Huntsberger to know that property at Libby Lofts has not been sold but they have investors and that they are very careful about following the rules and regulations of a project like this.
NEW BUSINESS
Barbara Turner of 1003 Main Ave. Libby, came before the council and announced that one of her Pit Bulls had to be put to sleep because of a cancerous disease. She stated that her other (thought to be) Pit Bull as not a Pit Bull but an American Bull Dog. She stated that Dr. Griffiths of the Treasure Valley Veterinary Clinic agrees with the change in the dog’s breed. The council asked Barbara Turner if she could ask Dr. Griffiths to verify in writing that the dog in question was not a Pit Bull but an American Bull Dog. Barbara Turner told the council that Dr. Griffiths was reluctant to put it in writing because for one thing the DNA of the dog could not prove that it was not a Pit Bull. City Attorney, Chuck Evans told Barbara Turner that it would not be a decision of the council but a decision of the courts and that when and if she was ticketed that would be the time to go before the judge with evidence that her dog was not a Pit Bull.
Resolution 1712, final budget for FY-09; Mr. Roll made a motion to accept Resolution 1712.
Ms. Leckrone seconded the motion.
Motion Passed.
Resolution 1713, salary and wages for FY-09; Mrs. Williams made a motion to accept the salary and wages for FY-09.
Mr. Bothman seconded the motion.
Motion Passed.
ANNOUNCEMENTS
Mayor Berget made an announcement that the seasonal help hourly wage will be increased to $10 per hour starting in the spring of 2009 and that it had been budgeted for.
COMMITTEE REPORTS
The committee will make its final recommendation at the next council meeting to be held on October 6th 2008 with reference to the cost of the cemetery lots in the City of Libby Cemetery.
ANNOUNCEMENTS
Mayor Berget announced that the Montana League of City and Towns annual conference was being held October 8-9 and 10, 2008 in Missoula.
Mayor Berget announced that the Fred Brown Pavilion needed volunteers to help with the pavilion.
HEAR THE PUBLIC
Lee Disney of 2580 Bear Creek Road, asked if it would be possible for the council to meet on Mondays instead of one Monday and one Tuesday a month. Mr. Disney stated that it conflicted with the school board meetings. Mayor Berget mentioned that because of conflict with some of the council that Tuesdays were chosen for the second meeting. Mayor Berget also asked Mr. Disney if he thought that an open meeting with the school board and the council would be of interest. Mr. Disney stated that he thought it was a good idea.
Ron Carter of 614 West 4th St, asked if it was in the bylaws or council procedures that a person can not ask another person a question during a council meeting. Mr. Evans stated that per the council rules of procedure that only one person may address the council at a time. Mr. Evans said that after the Mayor has recognized a person that person may address questions and commits to the council but that you could not ask questions of the audience. The questions and commits are to be addressed to the council only.
The meeting was adjourned at 8:00pm.
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Mayor Anthony J. Berget
Attest:
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City Clerk /Treasurer Glena L. Hook