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2004 Minutes

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January 5, 2004 | Regular Meeting

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THE 1227th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JANUARY 5, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Mayor Berget called the meeting to order and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mayor Berget read the oath of office to newly elected Council members, Stu Crismore, Gary Huntsberger and Doug Roll.

Mr. Roll moved to accept the minutes from the December 1st regular and the December 15th and 19th special meetings.
Miss Leckrone seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

The employee health insurance recommendation was presented to the Council. Blue Cross/Blue Shield was recommended.
Mr. Roll moved to accept the recommendation.
Miss Leckrone seconded.
Motion carried unanimously.

NEW BUSINESS

Greg Larson, RC&D (Resource, Conservation & Development) Coordinator, updated the Council on the proceeds of their office, located in the Chamber building. Mr. Larson informed the Council of some of their project activities. Stu Crismore is the new Council representative. Discussion followed.

Three letters of interest have been received for the two-year unexpired Council opening. The Council vacancy is available, due to the election of Gary Huntsberger to a four-year term. Interested candidates are as follows: Bill Bischoff, Joe Johnston and Walt McElmurry. A special meeting will be held January 13, 2004 at 7 p.m. for interviewing candidates and making a decision.

A Council retreat was set for Saturday, January 24, 2004, at 9 A.M. at the Venture Inn. City Attorney Scott Spencer will address the Council in the morning. An agenda will be available later, agenda will include budget update, determination of long term agenda for the City and more.
COMMITTEE REPORTS

Mayor Berget has been working on a new list of assigned committee chairs and members for the Council. Listing will be given out at the February 2004 meeting.

CITY/COUNTY LIAISON – Mayor Berget reminded everyone of the February 19 meeting in Helena concerning the highway project. He encouraged all to attend and to write letters of support.

FIRE – Fire Chief Tom Wood gave the fire report for the month. There were 3 fire calls for the city, 0 for the county and 0 for out of district, a total of 3 calls for the month of December. Total for the year – 34 city, 41 county, 21 out of district, total 96 calls.

BUILDING/INDUSTRIAL PARK – Mayor Berget reported on the condemned Farog properties. Some have been sold to Mr. Hollingsworth who will be meeting with City Attorney Scott Spencer on Tuesday. A committee of John Norberg, City Building Inspector, Mayor Berget, Councilmember Leckrone and City Attorney Scott Spencer was formed to meet on the subject.

PERSONNEL – City Attorney Scott Spencer asked to meet with the Council in a short closed session concerning personnel after the regular meeting.

POLICE – Police Chief Clay Coker reported that 2003 was the highest year in the past seven: 2821 calls, 509 citations, 318 arrests, for the year. He asked the Council to review the snow ordinance. There has been some trouble with snow and removal and parking. Officer Matt White will be attending the academy in April 2004 for twelve weeks.

LADC – Mayor Berget reminded the Council of the LADC meeting on Wednesday, January 6, 2004 at 7 p.m. in the Ponderosa Room. Councilmember Huntsberger gave a copy of a letter he was giving the Libby School Board along with copies of minutes for past meetings with LADC and with the Healthy Communities.

It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC

Barbara Guthneck, grant writer, informed the Council of a grant concerning enforcement involving underage drinking. She had spoken with the County and Troy also. Ms. Guthneck had reviewed the grant with Police Chief Coker. Chief Coker explained that the grant was not feasible at this time due to the requirements.

Mike Frazer, engineer for Thomas, Dean & Hoskins, Inc., faxed over an update on the Johnson Acres project. T, D & H has sent a newsletter to the residents of the project area to keep them informed. Discussion followed.

Ron Carter updated the Council concerning an 80/20 grant they are working on for biomass with Paul Rumelhart of Kootenai River Development. Mayor Berget was given a copy of the proposal and will give copies to all the Council members.

Next regular city council meeting will be held February 2, 2004 at 7 p.m.

The meeting was adjourned at 8:30 pm.

Mayor Anthony J. Berget

City Clerk, Heidi Morris
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THE 2004 CITY COUNCIL RETREAT WAS HELD ON JANUARY 24, 2004 AT 9:00 A.M. AT THE VENTURE MOTOR INN FJORD ROOM.

WELCOME / discussion of topics only (NO DECISIONS WILL BE MADE) Mayor Anthony Berget welcomed all the Council. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

The following topics were discussed, but no decisions were made.

1. Role of Council Person – presentation by Scott Spencer

2. Roberts Rules of Order – Mayor Berget lead all the discussions.

3. LADC

4. Port Authority

5. Management Structure

6. City Parks
a. Little League – possible bathrooms
b. River Park
i. Industrial Park
ii. Bathrooms, trees
c. Fireman Park – Day / Night Use
d. Logger Days
e. Legion Park
f. County Parks District – City Parks

7. Cemetery Rates

8. Salt of the Road

9. City Properties – ATV – Haul Bridge

10. City Hall Building – Athletic Club

11. Water
a. Lines
b. Rates

12. Sewer
a. Lines
b. Rates

13. Johnson Acres
a. Balsam Property

14. Swamp Creek Road – Helena Trip

15. Committees

The next regular monthly council meeting will be February 2, 2004 at 7 p.m.

Retreat ended at 2:45 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

February 2, 2004 | Regular Meeting

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THE 1228th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 2, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.
Mayor Berget called the meeting to order and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, Police Chief Clay Coker and City Clerk Heidi Morris were present.
Mr. Crismore moved to accept the minutes from the January 5th regular and the January 13th special meeting and January 24th retreat.
Mr. Roll seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS
John Massey, representative of the Kiwanis, addressed the Council to update everyone on the status of Logger Days. Their club is in the process of locating startup funds for the first year and to become self-sustaining, with a goal of $25,000. Their goal is to relocate the activities closer to downtown and the highway. Discussion followed. Each individual councilperson afforded a vote of confidence for the project.
Gary Renita, Igniters Club, asked the Council for permission to close off Mineral Avenue again this year for Hot Augusts Nights. The dates are August 20 & 21, always the third week in August. Mineral Avenue would be closed from Second to Eighth Avenue, the side street on Third would be kept open for Cardinal’s business.
Mr. Huntsberger moved to allow the closure of Mineral Avenue for August 20 & 21, 2004 for Hot August Nights.
Mr. Roll seconded.
Motion carried unanimously.
Mike Fraser, engineer with Thomas, Dean & Hoskins, Inc., updated the Council on the Johnson Acres project. A license agreement will be sent to all residents for permission to enter property. These must all be signed and returned to the City before any work can start. City will be mailing out as soon as the agreement has been reviewed and approved by the City Attorney. Discussion followed.
Dan Williams, Program Manager for Weed Board-Lincoln County Weed District, gave a noxious weed handbook to each of the Council. He informed the Council of an opportunity for a City employee to attend a four-day Pesticide Training on March 1-4, 2004. This training would allow the attendee the ability to become a licensed applicator.
Discussion followed.
Russ Thompson, Babe Ruth (formerly Little League), distributed handouts to the Council indicating the necessary requirements to host State tournaments. He said they are concerned about the lack of bathroom facilities at the City baseball park. Discussion followed. The matter was turned over to the Parks Committee. Councilperson Huntsberger asked Russ to attend a Parks Board meeting on Thursday at the Credit Union at 6:30 p.m. City Attorney Scott Spencer asked Russ to review and update the lease agreement with the City.
TAG community letter was tabled.
Paul Rumelhart addressed the Council on behalf of the LADC. The LADC approved the Port Authority request for a $96,000 loan for one year, $8,000 monthly. The loan is for 5 years at 3% to be used to pay for on-site maintenance requirements and protection of property infrastructure and improvements. Councilperson Crismore excused himself from discussion and voting.
Mr. Huntsberger moved to accept the LADC recommendation and approved the loan of $96,000 for the Port Authority.
Ms. Leckrone seconded.
Motion carried.
Management structure of City departments was sent to committee for review and recommendations.
The winter parking ordinance was discussed. Chief Coker explained some of the procedures of the officers.
Five minute recess for Bill Buxton of MorrisonMaierle to set up PowerPoint presentation.
Bill Buxton, engineer with MorrisonMaierle, addressed the Council. He presented five possible alternatives for putting in a sewer system at Cabinet Heights. The presentation included funding sources, various plans with costs. Mayor Berget informed Mr. Buxton that until the possible annexation was finished, this project would be placed on hold. Mayor Berget would like the Council and the golf course people to get together. Discussion followed.

COMMITTEE REPORTS
FIRE – Fire Chief Tom Wood gave the fire report for the month. There were 10 fire calls for the city, 5 for the county and 0 for out of district, a total of 15 calls for the month of January.
POLICE – Police Chief Clay Coker reported 221 calls, 41 citations, 21 arrests, for the month of January.
LADC – Earl Messick Sr. addressed the Council on the company working on broadband – Zero dB. The company has successfully completed Task #1 and their committee told them to start on Task #2. Discussion followed concerning availability of information on the project. Mayor Berget reminded the Council of the LADC meeting on Wednesday, February 4, 2004 at 7 p.m. in the Ponderosa Room.
Councilmember Huntsberger gave the Council a copy of a letter he was giving the Libby School Board along with copies of minutes for past meetings with LADC and with the Healthy Communities.
It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC
Next regular city council meeting will be held March 1, 2004 at 7 p.m.
The meeting was adjourned at 9:25 pm.
Mayor Anthony J. Berget
City Clerk, Heidi Morris
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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON FEBRUARY 18, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry, and Roll, City Attorney Scott Spencer and City Clerk Heidi Morris were present.

City Attorney Scott Spencer distributed a declaration for the possible annexation project at Cabinet Heights and Cabinet View Country Club.

Doug Mellem, audience member, addressed the Council. He asked questions on the wording of the declaration.

Mayor Berget presented the declaration concerning the Cabinet Heights and Cabinet View Country Club’s interest in being annexed into the City of Libby to the Council for approval. Mayor Berget explained that the City would not be interested in annexing the section if grant funding was not available for the possible sewer project. Wayne Haines, audience member, discussed the annexation petition, property owners in the area are in the process of collecting signatures, and the timeline concerning the public hearing needed after the petition would be delivered to the Council. Sandy Elmore, audience member, asked questions on the annexation. Attorney Spencer explained that a declaration is a statement of intent, it is not a binding decision. Discussion followed.
Mr. Roll moved to accept the declaration.
Mr. McElmurry seconded.
Bothman Yes
Crismore No
Huntsberger Yes
Leckrone Yes
McElmurry Yes
Roll Yes
Motion passed.

The next regular monthly council meeting will be March 1, 2004 at 7 p.m.

Meeting adjourned at 7:25 p.m.
Mayor, Anthony J. Berget

City Clerk, Heidi Morris

March 1, 2004 | Regular Meeting

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THE 1228th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 1, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Mayor Berget called the public hearing for Ordinance #1617 to order and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mayor Berget read Ordinance #1617 – Police Jurisdiction, it was the second reading and public comment was opened. Councilperson Huntsberger asked for clarification. Jim Rostofer, Box 275, 576 Reese Court, Libby, addressed the Council asking about the wording. He stated he was against the ordinance. D.C. Orr, 1117 Nevada, Libby, commended on the ordinance and was in favor. Mayor Berget closed the comments.
Ms. Leckrone moved to accept Ordinance #1617 – Police Jurisdiction #1617.
Mr. Roll seconded.
Motion carried unanimously.

Mayor Berget closed the hearing at 7:10 p.m.

Mayor Berget called the regular council meeting to order. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mr. Roll moved to accept the minutes from the February 2nd regular and the February 18th special meeting.
Mr. McElmurry seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

TAG community letter was tabled. The Council will review and address at the special meeting on March 15, 2004 at 7 p.m.

City Attorney Scott Spencer gave a short update on condemned houses around the City. Discussion followed.

Wayne Haines addressed the Council concerning the Cabinet Heights petition update. A petition to annex the area around the golf course and Cabinet Heights has been assembled and distributed. There are 99 registered voters in that area. At the present time, forty(40) registered voters that are home owners have signed the petition, nine (9) registered voters that are renters have signed, and six (6) non-registered homeowners have signed. The committee is working with some others in the area for additional signatures. These signatures along with the petition will be brought to the City Attorney Spencer for review.

Mr. Spencer said that if the numbers are correct, they have fulfilled the requirements for presenting the petition to the Council. After review, City Attorney Spencer will report to the Council. Because of the grant deadlines, May 2004, for the possible sewer project in the Cabinet Heights area, Mayor Berget asked the Council to make a decision about allowing Bill Buxton representing the engineering firm Morrison Maierle, to start working on the grant application. Task Order #2 for $15,282 and Task Order #3 for $15,320 were explained by Mr. Buxton. Mayor Berget reminded the Council that the City still had approximately $15,000 remaining from the sale of the Glendora house. Discussion followed. Mr. Haines said he would bring in the petition with signatures for City Attorney Spencer’s review on Tuesday or Wednesday.
Mr. Huntsberger moved to approve signing Task Order #2 and #3 from Morrison Maierle once the petition and signatures have been reviewed and approved by City Attorney Spencer.
Mr. Roll seconded.
Tiffany Bower addressed the Council concerning funding sources. Mayor Berget asked Bill Buxton, Morrison Maierle, to explain the grant process and the project costs of approximately $2.4 million. Tom Wood, Fire Chief, asked the Council to check with the Rural Fire District and the possible annexation. After discussion there was a call for vote.
Motion carried unanimously.

NEW BUSINESS

Mayor Berget explained to the Council that every ten years the State of Montana requires local governments to have a Local Government Review election. The last one was in 1994. The question of whether to do a review must be put on the ballot in June by the County.
Mr. Bothman moved to ask Coral Cummings, Lincoln County Clerk and Recorder, to add the City’s review question to the election ballot in June 2004.
Mr. Roll seconded.
Motion carried unanimously.

COMMITTEE REPORTS

PARKS – Gary Huntsberger – The skateboard park is owned privately and possibly looking for a new location. The building program at the college is interested in helping to relocate the park. Mr. Huntsberger will follow up. Russ Thompson, Babe Ruth (formerly Little League), updated the Council concerning the possible bathroom facilities at the City baseball park by the cemetery. He will be giving a presentation to the LADC. Discussion followed. Councilperson Huntsberger had met with the Parks Board and the next meeting will be Thursday at the Credit Union. Mr. Huntsberger informed the Council of the Libby School District’s acceptance of his proposal to tear down the old school building.

FIRE – Fire Chief Tom Wood gave the fire report for the month. There were 2 fire calls for the city, 4 for the county and 0 for out of district, a total of 6 calls for the month of February, 21 for the year so far. The Rural Fire Department will have a meeting on March 8, 2004 at 7:30 p.m. at the Fire Hall.

POLICE – Stu Crismore reported that he had met with Chief Coker. Police Chief Clay Coker reported 178 calls, 25 citations, 12 arrests, for the month of February. He announced the resignation of Officer David Bower, who is moving with his family to Alaska. The job opening has been advertised. Annie the drug dog is retiring, due to illness.

RESOLUTION/ORDINANCE –Stu Crismore asked the Council about reviewing the parking ordinance downtown concerning the two-hour limit. Mayor Berget suggested he meet with the Downtown Business Association.

WATER – Lee Bothman reported that his committee and Dan Thede have been working with the Port Authority concerning the water rates on the property next to City Hall.

SEWER/LIGHTS – Gary Huntsberger told the Council that the three new special-order streetlights had arrived and would be installed next to the Memorial Center in the next few days. The base and wiring had already been done. The police were asked to keep up the checking of street light outages through out the City. The cost of electricity for the streetlights should be reviewed with Flathead Electric.

STREETS/ALLEYS – Dan Thede explained maintenance policy for alley ways. Mr. Thede reported that a record is kept of troublesome road areas in the spring during frost changes.

BUDGET/FINANCE – Charlene Leckrone reminded everyone that budget time is coming fast. Stu Crismore asked that a copy of last year’s budget be given to new council members for review.

JUDICIAL – Stu Crismore asked his committee to pick a date, probably evening to set up a meeting with Judge Briggs. Mayor Berget reminded them to be sure to post the meeting.

UNION NEGOTIATIONS – Gary Huntsberger asked for a copy of the union contract. The contract will be up June of 2005.

KRDC – Paul Rumelhart updated the Council in the Port Authority and broadband.

TAG – Charlene Leckrone informed the Council that TAG is regrouping at this time.

BOARD OF ADJUSTMENTS – Doug Roll – Meeting on a variance will be March 8, 2004 at 7 p.m. at City Hall.

It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC

Tiffany Bower asked questions about the LADC payments to Zero dB, concerning broadband.
Jim Rostofer addressed the Council asking questions concerning the petition that is circulating around Cabinet Heights.

Next regular city council meeting will be held April 5, 2004 at 7 p.m.

The meeting was adjourned at 9:05 pm.

A working committee meeting continued after the meeting, Mayer Berget relayed information he had gathered at a conference the previous week to the Council. Discussion followed.

Mayor Anthony J. Berget

City Clerk, Heidi Morris

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON MARCH 15, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry, and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Mayor Berget read Resolution #1618 concerning election to provide a study commission and funding. Mr. Roll moved to accept Resolution #1618.
Mr. Bothman seconded.
Motion passed unanimously.

Mayor Berget presented the CARD community letter. The letter of support was reviewed. Discussion followed. Mr. Huntsberger moved to support the CARD community letter. A signature page will be obtained for all Council and Mayor to sign.
Ms. Leckrone seconded.
Motion passed unanimously.

Mayor Berget announced that as of June 1, 2004, St. John’s Lutheran Hospital (Rehab) will be terminating the lease contract with the City for office space in City Hall. At the present time, the City is working with the Assessor’s office to lease that space starting July 1, 2004. The building committee will work out the rent details with the Assessor’s office. Montana Athletic Club would like to lease the gym part of that space which is now closed off by a portable partition. MAC has been interested for some time in leasing more space and has asked for a commitment for the Council.
Mr. Roll moved to commit to working on a lease agreement with Montana Athletic Club to include the additional gym space.
Mr. Bothman seconded.
Motion passed unanimously.

Mayor Berget announced a MMIA informational workshop prior to the regular meeting on April 5, 2004 at 6 p.m.

The 2002-03 audit reports had been received from Daniel Parks CPA and distributed, the public notice will be published in the Western News. The public was reminded that a report is kept at the front office of City Hall for public review.

The next regular monthly council meeting will be April 5, 2004 at 7 p.m.

Meeting adjourned at 7:25 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris
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THE PUBLIC HEARING FOR COMMUNITY NEEDS WAS HELD ON MARCH 31, 2004 AT 7:00 P.M. AT THE CITY OF LIBBY CITY HALL, 952 EAST SPRUCE AVENUE, IN THE COUNCIL CHAMBERS.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, McElmurry and Roll, City Services Supervisor Dan Thede and City Clerk Heidi Morris were present.

Mayor Berget turned the hearing over to Bill Buxton, engineer for Morrison Maierle Inc., for a short presentation. Mr. Buxton distributed individual community assessment sheets to be filled out by all present. During the presentation, Mr. Buxton explained that the purpose of the meeting was to hear from the public to obtain public input concerning community needs. He gave examples of possible needs for the Libby community, reminding everyone of the consideration needed for low and moderate income levels, additional fee costs or increased rates. Possible available funding sources, such as grants and loans, were reviewed. Each person was asked to prioritize their own list on the assessment sheet each had been given. Potential list priorities could be reviewed using the following guidelines: compliance with the law, threats to public health and safety, benefit to low & moderate income, effects on entire community, strong community consensus, other state or federal assistance available, long term problem or solution and how competitive. Mr. Buxton closed his presentation by asking, “What are the needs of Libby?”

Councilperson McElmurry expressed that one of biggest needs would be to replace the old existing water mains in the City.

Mayor Berget said economic development, anytime we can bring in jobs.

Councilperson Bothman agreed that economic development was very important. We are in need of lots of good paying jobs.

Mr. Thede mentioned improving the City’s infrastructure status to accept some of the new businesses that could come in.

Councilperson Roll said infrastructure was important, but to bring in businesses first.

Paul Rumelhart, Kootenai River Development Council, spoke about the need for broadband and communication needs. Mr. Rumelhart informed the Council about the Port Authority property. Discussion followed.

Ideas were discussed on how to bring in new businesses.

Jim Mayo, Lincoln County Port Authority, asked the City Council for feedback and on what they would like to see happen and ideas on how to make it happen.

Bill Buxton, engineer for Morrison Maierle Inc., suggested a retreat with the three cities, county and port authority.

Councilperson Crismore asked questions on the demolition of the Strand building behind the new Town Pump building. Discussion followed.

The next regular monthly council meeting will be April 5, 2004 at 7 p.m.

Hearing adjourned at 8:05 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

April 5, 2004 | Regular Meeting

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THE 1230th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 5, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.

A workshop was held at 6 p.m. prior to the regular meeting with Mr. Bob Worthington, representative from Montana Municipal Insurance Authority. Mr. Worthington gave the City Council a brief background of the company and then led a discussion on risk management. The City Council was reminded that any special events held on City property must provide their own event insurance.

Mayor Berget called the regular council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede, Police Officer Boyd White and City Clerk Heidi Morris were present.

Ms. Leckrone moved to accept the minutes from the March 1st regular and the March 15th special meeting and public hearing March 31, 2004.
Mr. Roll seconded.
Motion carried unanimously.

Mayor Berget read the oath of office to the city’s new Police Patrolman Logan Martin.

UNFINISHED BUSINESS

Councilperson Huntsberger informed the Council that his committee had been working on finding a new location to move the skateboard park. Jerry Marquez, from Flathead Community College, said the building class would take care of all materials and labor to move the park. Discussion followed. A meeting will be set up between park committee, Mr. Huntsberger, Mr. Mueller, skateboard park board, police, students and other interested parties. A neighborhood parent had expressed a desire to monitor the park at the present location, in the event it was opened again before it was moved to the new location. It was noted by Dan Mueller that it was the first concrete skateboard park in Montana. The decision of location was tabled until the April 19th special meeting.

NEW BUSINESS

Mayor Berget moved the city vehicle policy item to the top of the list, in order to receive Mr. Worthington’s opinion while he was available. Mr. Worthington, Montana Municipal Insurance Authority, advised the Council that the exposure, when employees take vehicles home at night, is definitely a liability. At present, John Knudson, Scott Meyer and Dan Thede take vehicles home. The police each take vehicles home and that would remain the same. Discussion followed. The decision was tabled until the April 19th special meeting.

Pam Peppenger, Kiwanis member and Logger Day Committee member, addressed the Council concerning a parade permit and street closure for Logger Days in June. They
will provide the City with a copy of their event insurance. Mayor Berget asked Terry

Andreesen, Timberline Auto, if the closing of the south half on Lincoln Boulevard would interfere with business for the two days. Mr. Andreesen said he would be willing to work with the committee. The Kiwanis also asked to keep their events open both Friday and Saturday nights until 12:00 a.m. for the Lip Sync contest on Friday June 25 and the street dance on Saturday June 26. Officer White informed the Council that in the summer the curfew is midnight already. Discussion followed.
Mr. Roll moved to close Mineral Avenue from the stoplight on Highway 2 to Lincoln Blvd Saturday morning, June 26th for the water fight, close Mineral Avenue from Lincoln Blvd to the end of Mineral for the 2004 Logger Day Parade on Saturday morning, June 26th, and close all of Lincoln Blvd for parade line-up starting at 7:30 a.m., and to close the south side of Lincoln Blvd. between Mineral Avenue and Louisiana from Friday June 25 to Sunday morning, June 27 for excess vender booths provided that event insurance was obtained and proof was given to the City.
Mr. McElmurry seconded.
Motion carried unanimously.

The National Hot Dog month celebration was tabled to April 19th meeting.

Mayor Berget informed the Council that the Board of Adjustments is in need of another member. The position will be advertised and the appointment was tabled until the April 19th special meeting.

The City/County Airport has requested approximately 10 yards of fill sand. Mr. Thede explained that the airport was doing a water project and in need of sand to bed the pipes. George Wood is the City representative. The City typically sweeps the airport and the roller is used. The Council agreed the sand would be provided.

Mayor Berget informed the Council that it was time to appoint the City’s representative for the Port Authority, term for five years. Ardell Filler’s term is expiring. The position will be advertised and the appointment was tabled until the April 19th special meeting.

Mayor Berget informed the Council of the slow progress and low return of the income survey (28%) for the Cabinet Heights project.

Mayor Berget told the Council that the City had received written notice from St. Johns Lutheran Hospital about the physical therapy rehab department moving out of City Hall as of June 1, 2004. Bonnie Morrow, Montana Athletic Club, presented a request to rent that portion of the gym and attached small office space that will be vacated. Ms. Morrow proposed leasing the additional 1,440 sq. ft. (17% increase in space) for an additional $136 (17% increase of the current $800 monthly rent), plus the additional property taxes.
Mr. Roll moved to accept the proposal from Montana Athletic Club to rent the additional space next to the existing Montana Athletic Club space rented from the City.
Mr. Bothman seconded.
Motion carried unanimously.

Mr. Bothman, Water Committee, informed the Council that their committee had been working on the Port Authority water rate base for the backup fire suppression 8-inch water line. Paul Rumelhart, Port Authority addressed the Council and showed an overhead photo of the area. Sprinkler system rates of other businesses will be reviewed. Discussion followed. The decision was tabled to the April 19th special meeting.

Paul Rumelhart, Kootenai River Development Council, informed the Council that the LADC approved a proposal from the Libby Softball/Baseball association $30,000 grant for a bathroom structure at the ballpark on the City property. The item was tabled to the April 19th special meeting.

Paul Rumelhart, Kootenai River Development Council, informed the Council that the LADC approved a resolution concerning a business loan policy. The item was tabled to the April 19th special meeting.

Paul Rumelhart, Kootenai River Development Council, informed the Council that the LADC approved third year funding of KRDC for $159,633. Mr. Roll asked questions concerning the letter from the attorney for the radio station. He stressed that the importance of accountability to the public. Audience members D.C. Orr, Ann German, Mr. Olson and Jim Rostofer each addressed the Council and asked questions. Discussion followed. The item was tabled to the April 19th special meeting.

The city clerk presented to the Council a list of persons with delinquent water bills to be written off and sent to the credit bureau for collection. John Massey asked about small claim court. The decision was tabled the April 19th special meeting.

COMMITTEE REPORTS

Mayor Berget informed the Council that the Healthy Communities (HCI) is no longer posting meeting, no longer taking minutes and is now meeting in the basement of the hospital and recommended that the City no longer send a representative.

PARKS – Gary Huntsberger had attended the Libby Parks Board meeting. A tree removal project has been discussed for Fireman’s Park and a possible creation of a trail map for around the City of Libby. Mr. Huntsberger said he would be speaking with Betty Jo Wood, LRI, about cleanup around the Legion Park and around town. He informed the Council of the Libby School District’s acceptance of his proposal to tear down the old school building and fill dirt and water will be needed if the project proceeds. April 30 will be tree-planting day at the river front park.

FIRE – Fire Chief Tom Wood gave the fire report for the month. There were 6 fire calls for the city, 10 for the county and 0 for out of district, a total of 16 calls for the month of
March.

POLICE –Police Officer Boyd White reported 206 calls, 37 citations, 26 arrests, for the month of March. He announced that Matt White was off to the academy for 12 weeks.

SEWER/LIGHTS – Mr. Huntsberger had obtained the breakdown for the monthly cost of each streetlight. The cost of electricity for the streetlights is being reviewed with Flathead Electric.

STREETS/ALLEYS – Mr. Roll announced that the Street Supervisor position (in-house) would be posted on Tuesday, April 6, 2004.

SIDEWALKS/CURBS – Mr. Bothman is in the process of making a sidewalk inventory.

JUDICIAL – Mr. Roll informed the Council that their committee had met with Judge Briggs and she had explained the office and gave them a tour.

It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC

Next regular city council meeting will be held May 3, 2004 at 7 p.m.

The meeting was adjourned at 9:35 pm.

Mayor Anthony J. Berget

City Clerk, Heidi Morris
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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON APRIL 19, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry, and Roll, City Attorney Scott Spencer, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mayor Berget read Resolution #1619 to Authorize Submission of TSEP Application and Commitment of Funds to Match TSEP Grant. Morrison Maierle, Inc. filled out the TSEP grant for Cabinet Heights Area Wastewater project, the matching funds would be up to $500,000 in cash and in-kind. Discussion followed.
Mr. Huntsberger moved to accept Resolution #1619.
Mr. Roll seconded.
Motion passed unanimously.

Mayor Berget reminded everyone of the public hearing at 7:00 p.m. for Cabinet Heights Area Wastewater Preliminary Engineering Report at City Hall on Tuesday, April 27th.

Councilperson Huntsberger gave the Council an update on the skateboard park relocation. The Parks Committee met with Dan Mueller, Skateboard Board and Jerry Marquez, from the building program at Flathead Valley Community College, and discussed the possible new location of the park by the Legion ball field. The proposed size of the park would be 100’ by 70’, leaving room for the water line right of way. Mr. Marquez would work with students to prepare visual imagery for review. Mayor Berget suggested the committee work on a lease at the same time. The insurance was also an issue to be reviewed. The item was tabled to the May meeting.

Mayor Berget addressed the Council concerning updating the current city vehicle policy. A sample of the Great Falls vehicle policy was reviewed. Police Chief Coker gave the Mayor a copy of the Libby Police vehicle policy. The Council asked City Attorney Spencer to review and to write a policy to be reviewed by Council. The developing city vehicle policy will be combined and presented at the May meeting.

Mayor Berget informed the Council that after advertising for the opening on the Board of Adjustments, no one had applied. He did have two persons interested in the Port Authority position and suggested to the Council that the other person be asked of any interest in filling the Board of Adjustment position. Appointment was tabled to May meeting.

Mayor Berget informed the Council that Ardell Filler was interested in reappointment to the Port Authority position. One other letter of interest had been received. The term will be for five years.
Mr. Bothman moved to appoint Ardell Filler to the Port Authority five-year term.
Mr. McElmurry seconded.
Motion passed unanimously.

Councilperson Huntsberger explained the Legion request for poles for the outfield fence. The fence would be 20’ high and 50’ wide. They are also interested in putting restrooms up over the original site where the plumbing is located. Scott Foss, Coach of Legion team, explained the use of the fence for batters and explained it would be up just for baseball season. He asked the Council for seven metal poles like the flagpoles and to help plant the poles.
Mr. Huntsberger moved to help in getting the seven poles and planting the poles.
Mr. McElmurry seconded.
Motion passed unanimously.

Mr. Bothman reported that the Water Committee is still reviewing the Port Authority water rate. The item was tabled to the May meeting.

The LADC recommended funding the grant for bathrooms at the Babe Ruth/Softball ballpark for $30,000. Russ Thompson, President of the Babe Ruth League, reported that the District Babe Ruth tournament would be held in Libby this year if the restrooms were completed. Mr. Huntsberger spoke in favor of the project. Ms. Leckrone asked about insurance coverage. Discussion followed.
Mr. Huntsberger moved to accept the LADC recommendation of $30,000 for restrooms.
Mr. Roll seconded.
Motion passed unanimously.

The LADC gave the Council a copy of a loan program resolution that the LACD had passed.

Robb MacDonald, LADC, addressed the Council confirming that the KRDC, Paul Rumelhart and staff are working hard for the community and doing their job. Mr. Huntsberger, Russ Barnes, Patrick Pizzelle and Ardell Filler also spoke in favor of the KRDC’s hard work and the integrity of the KRDC Board. Paul Rumelhart reviewed some of the work done over the past year and explained ongoing projects. The LADC recommended continued funding of the Kootenai River Development Council for the third year for $159, 633. Discussion followed. The Council had originally approved the three-year funding in the Spring of 2002. No action was necessary.

The City Clerk presented the Council with a list of persons with delinquent water bills. The Council was asked to write off $948.77 and to turn these accounts over to the Credit Bureau for collection.
Mr. Bothman moved to write off $948.77 and turn these delinquent water bills over to the Credit Bureau for collection.
Ms. Leckrone seconded.
Motion carried unanimously.

Mr. Crismore questioned the wording of the City bid form for gas, propane and gravel. The legals will be pulled from the paper. The bid forms will be reviewed by Street Committee and adjusted and re-advertised after the May meeting.

Bonnie Morrow, Montana Athletic Club, distributed a request for carpet. The item will be reviewed at the May meeting.

Mayor Berget was approached by a citizen concerning setting off fireworks in the City limits. Fire Chief Wood was asked to speak on this subject at the next meeting. The item will be put on the May agenda.

Mr. Crismore asked questions concerning the demolition of the old building owned by Dave Strand.

Parks Committee had reviewed the EPA tree bid for River Front Park, the bids had been opened locally. A Bonners Ferry business received the bid.

Mr. Huntsberger asked to put the funding for the demolition of the old high school on the May agenda.

Jim Rostopher asked a question on the Healthy Communities I support letter of last year.
The Council will check into the matter. The City no longer sends a Council representative since that organization no longer takes minutes.

Mayor Berget reminded everyone of an informational meeting on Friday, April 23, 2004, at 6:00 p.m. at the College with Zero dB, broadband.

The City Council set up a committee meeting on Monday, April 26, 2004 at 7:00 pm.

The next regular monthly council meeting will be May 3, 2004 at 7 p.m.

Meeting adjourned at 9:05 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

May 3, 2004 | Regular Meeting

Read full text

THE 1231st REGULAR MEETING OF THE CITY COUNCIL WAS HELD MAY 3, 2004 AT 7:00 P.M. IN THE COUNCIL CHAMBERS.

Mayor Berget called the meeting to order and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Crismore, Roll, McElmurry and Huntsberger, Supervisor of City Services, Dan Thede, Chief of Police, Clay Coker, and Deputy City Clerk, Beth Burrell were present.

Minutes from the April 19 meeting were corrected. Mr. Crismore moved to accept the minutes for the April 5th, 19th and 27th meetings.
Mr. Roll seconded the motion.
Motion carried.

Ordinance 1620 was given a first reading.

UNFINISHED BUSINESS

The Board of Adjustments appointment was postponed to the next meeting.
Mr. Huntsberger reported that Jerry Marquez is helping with planning the new park. He reported that he had seen both the Great Falls and Billings skate board parks.
Mr. Marquez, FVCC/LCC building trades, stated that they are working at relocating the skateboard park. He has involved some of his students. They were taking pictures of sites in other communities. He has spoken with some of the skaters. For a class project at the High School, they are drawing a skate park 65’ X 125’ on autocad. There is room for a park 75’ X 150’.
Mr. Huntsberger commented that a decision will be made as to where the park will be located by the May 17th meeting.

The City Vehicle policy will be given to Mr. Spencer to be written up. No one will be allowed to take a city vehicle home except in special cases, for instance when they will be traveling early the next day or upon permission from the mayor or city supervisor.

NEW BUSINESS

Peggy Oelberg, Nordicfest Outdoor Entertainment, asked that the council close Eighth Street between Montana and Mineral Avenues during Nordic Fest.
Mr. Crismore moved that 8th Street be closed during the proposed time.
Mr. Huntsberger Seconded.
Motion passed.

CDM has asked permission to close the cul de sac at the lower end of Mineral in order to facilitate the cleanup of the burned out second hand store for about 4 days. CDM will work with Chief Coker and Dan Thede on this project.
Mr. Bothman made a motion approving the closure .
Mr. Huntsberger seconded.
Motion passed.

The Baseball complex lease is up for renewal.
Mr. Roll moved to accept the lease as written
Mr. Crismore seconded.
Motion passed.

Deb Davidson, Kootenai River Development, spoke regarding the Farmer’s Market. She asked the council’s permission to close Mineral at First Street on Thursdays, beginning the 3rd of June, to facilitate holding a Farmer’s Market at BN Park each week. She also asked that business licenses be waived for individuals allowing everyone to be covered under a blanket license issued to Libby Revitalization. Mayor Berget asked Mr. Spencer to draw up an agreement concerning the business license. The street closure was put into committee for an answer at the next meeting.

Pamida has asked for an off premise consumption beer and wine license.
Mr. Bothman made a motion to allow the license with no comment.
Mr. Crismore seconded.
Motion passed.

Les Skramstad, for the Asbestos Group, requested use of the rose garden at the cemetery for the memorial crosses for the victims of asbestos related diseases. He also requested a drop cord be accessible for their PA System.
Mr. Bothman made a motion that the asbestos group be allowed to set up the crosses for the asbestos victims May 22 and leave them until June 3 and supply power to the site.
Mr. Roll seconded the motion.
Motion carried.

Ted Werner, Ace Home Center, requested a variance to sell fire works for the 4th of July. Tom Wood, Fire Chief stated that he strongly opposed the sale of fireworks inside the city limits. There was some discussion relating to the city ordinance prohibiting possession of fireworks inside the city limits. No action was taken.

David Orr requested an alley closure between Harold’s Casino and Frank’s Drug in order to allow a drive up window for the drug store. The matter was put in committee.

Gas, propane and crush bids will be advertised next Monday.

Mr. Spencer led a discussion on the Policy on Public Right to Know and Grants. Mr. Rummelhart and Mitch Richeal asked that the council postpone making a decision on accepting the policy until they can meet with LADC on May 12. Ann German urged the council to make a decision on the policy tonight.
Mr. Bothman made a motion to adopt the policy as it is written.
Mr. Roll seconded the motion.
The motion passed.
Mr. Bothman, Mr. Roll and Mr. McElmurry voted for the motion.
Mr. Crismore and Mr. Hunstberger voted against it.

Barb Guthneck, smoking prevention presentation was postponed until May 17 meeting.

The Hollingsworth Group request to waive sewer fees on property they have purchased from the Farags was put in the sewer committee.

Kootenai Paving submitted a bid on the alley behind Esther’s Beauty Salon. It was placed in the street committee.

MAC is requesting new carpet. The budget for next year needs to be considered. The issue was put in the building committee.

COUNCIL COMMITTEE REPORTS

CEMETERY-PARKS, Mr. Huntsberger reported on the progress of the parks.
Betty Jo reported that the alternative school will be doing a cleanup at Riverfront Park. There are a couple of eagle scouts involved on building picnic tables for under the shelter. The fire department is revamping and repairing the training building.

FIRE, Chief Tom Wood reported that there were two calls in the city, 3 calls for the Rural Fire Department and 46 calls for the year.

POLICE, Chief Clay Coker reported 171 calls, 29 citations and 19 arrests. Officer White is at the academy. The parking ordinance (two hour, customer only) needs clarification.

RESOLUTIONS/ORDINANCES, Mr. Crismore stated some follow up had been done regarding impact fees for water and sewer hookups. In some areas they are called plant investment fees. Contact will be made with other communities to see what they charge.

SEWER/LIGHTS, Mr. Huntsberger reported that repair/replacement of lights not working by Flathead Electric is moving forward. Dan Thede reported that metered lights at the Memorial Center are saving us about $20 each month.

STREETS & ALLEYS, Mr. Roll commented they are still in the process of getting a street supervisor. Mr. Thede reported that there would be a two-day grader training session for city and county employees. Alley cleanup will be this month.

RC&D, Mr. Crismore stated that a class had been held regarding urban interface fire reduction. They are identifying areas that need to be worked on and contractors that can do the work.

LADC, Mr. Huntsberger stated there was a report on the Port Authority with a tour. Several entities were looking at establishing places of business. The $20,000 grant has been taken. The broadband presentation took place the 24th & 25th.

BOARD OF ADJUSTMENTS, Mr. Roll reported that the Health Hut had been granted a variance and was moving onto California Avenue within the next month.

Mr. Roll made a motion to pay the claims.
Mr. Bothman seconded.
Motion passed.

HEAR THE PUBLIC

Vicki Laurence of 803 California presented the idea that she would like to see the City of Libby become the daffodil capitol of the northwest. She has identified public land areas that could be planted to daffodils. She would like to see it get started this fall with areas around the Cabinet Mountain Complex. Mayor Berget said he would put it in committee.

Jim Rostorfer asked about the trees for Arbor Day and the petition for annexation of Cabinet Heights. Mayor Berget replied that Arbor Day could be held anytime at the discretion of the council. They plan to make a big event of it when the trees arrive. He stated that Heidi has the resolution for annexation and it is available for the public.

The meeting was adjourned at 8:53 P.M.

Mayor Anthony J. Berget

Deputy City Clerk, Beth A Burrell

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON MAY 24, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone and Roll, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mayor Berget read the State Resolution concerning the State/City Agreement of Federal Aid Project No. NH 1-1(67)32 with the State of Montana.
Mr. Crismore moved to accept the construction agreement Federal Aid Project No. NH 1-1(67)32 with the State of Montana Department of Transportation concerning the work on the signals on the State Maintained Route through the City of Libby.
Mr. Bothman seconded.
Motion passed unanimously.

LADC-Kootenai Paving loan was tabled to the special meeting on June 1, 2004, to give the Council time to review.

LADC-Libby Revitalization Inc. grant for one year was tabled until the June 7, 2004 regular Council meeting. Betty Jo Wood distributed more information for the Council to review. Ms. Wood addressed the Council and answered questions.

Gary Huntsberger excused himself from the Council table and addressed the Council as a Libby resident. Mr. Huntsberger, 504 Idaho, explained his proposal to be presented to the Libby School Board on the demolition of the old school building on Lincoln Blvd. He asked the Council for up to 1,500 yards of fill for the project and the use of the river pump station for water. Mr. Huntsberger explained that he has spoken with Fire Chief Wood concerning the use of fire trucks for hauling water from the river to keep the dust down for the entire project. Discussion followed.
Mr. Bothman moved to authorize up to 1,500 cubic yards of fill to be used on the possible demolition project of the old school building and also the City would allow the use of the river pump station for water needed on the proposed project.
Mr. Huntsberger abstained from the vote.
Mr. Crismore seconded.
Motion passed. Mr. Huntsberger rejoined the Council table after the vote.

The LADC – Kootenai Paving loan and City Attorney issue will be discussed at a special meeting, Tuesday June 1, 2004 at 7:00 p.m.
The next regular monthly council meeting will be June 7, 2004 at 7 p.m.

Meeting adjourned at 7:25 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON MAY 17, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry, and Roll, Supervisor of City Services Dan Thede, Police Chief Clay Coker and City Clerk Heidi Morris were present.

Mayor Berget read a proclamation honoring Angela Holiday for nursing service to the community for over 40 years.
Mr. Huntsberger moved to proclaim Angela Holiday Day as May 19, 2004.
Mr. Roll seconded.
Motion passed unanimously.

Mayor Berget informed the Council that the City would be advertising again for the vacancy for the Board of Adjustments.

Councilperson Huntsberger, Parks Committee, recommended the area by the Legion Ball Park as the new location of the skateboard park. The proposed size of the park would be 125’ by 65’, leaving room for the water line right of way. Mayor Berget suggested the committee work on setting up a lease that would allow for three years to develop the park, to become null and void if nothing happened. Jim Rostopher asked questions. Dan Mueller addressed the Council. Discussion followed.
Mr. Huntsberger moved to accept the skateboard park location by the Legion ball park.
Mr. Roll seconded.
Motion passed unanimously.

Debi Davidson, Libby Revitalization Inc., addressed the Council concerning the closure of the end of Mineral Avenue by First Street for the Farmers Market every Thursday from 3:30 pm to 8:30 pm. Betty Jo Wood, LRI, was on hand to answer questions. Hand made or locally grown items will be sold under the LRI business license. Discussion followed.
Mr. Roll moved to allow LRI to close the end of Mineral Avenue by First Street for the Farmers Market every Thursday from 3:30 pm to 8:30 pm.
Mr. Crismore seconded.
Motion passed unanimously.

The Department of Revenue had sent an Application for Issuance of One Original (NEW) of Montana Retail Off-Premises Consumption Beer/Wine License, TOWN PUMP OF LIBBY #2, Hwy 2 & Poplar Street, Suite B, Libby, Lincoln County, Montana.
Mr. Huntsberger moved to approve the new beer and wine license for the store side of the new Town Pump.
Mr. Roll seconded.
Motion passed unanimously.

Mayor Berget informed the Council that the City would be advertising for a camp host for the summer for Fireman’s Park.

Kootenai Paving asked for a year lease agreement, the old lease expired and a month to month verbal lease has been on going. Don Brown is in the process of selling Kootenai Paving to George Niemi.
Mr. Crismore moved to renew a lease to Kootenai Paving for one year, same lease as before.
Mr. Roll seconded.
Discussion followed.
Mr. Crismore withdrew motion.
George Niemi addressed the Council and answered questions. He asked that the City add a statement to the lease addressing a transfer of the lease to a new owner of Kootenai Paving.
Mr. Crismore moved to accept a one year lease with Kootenai Paving, including a statement allowing a transfer of the lease to a new purchaser from current owner Don Brown.
Mr. Bothman seconded.
Motion passed unanimously.

Rich Thompson spoke to the Council concerning the alley and he will work with Dan Thede to get it all straightened out.

Wayne Haines, First National Bank, clarified a statement about the use of a local bank for LADC-Kootenai Paving financing. Paul Rumelhart, KRDC, spoke to the Council. Ann German asked questions concerning the issue of LADC voting, closed ballots. She also had concerns on finance positioning for the Kootenai Paving loan. Mayor Berget asked the City Council to set up a committee meeting to meet with City Attorney Scott Spencer on Thursday, May 20, 2004 at 5:30 pm to discuss Mr. Spencer’s letter on this issue.

The LADC – Kootenai Paving loan and the LADC – LRI grant will be discussed at a special meeting, Monday May 24, 2004 at 7:00 p.m.

Mr. Huntsberger asked to put the possibility of available fill and water for the demolition of the old high school on the next special meeting in May or the regular June agenda.

The next regular monthly council meeting will be June 7, 2004 at 7 p.m.

Meeting adjourned at 8:25 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 3, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Council President Leckrone called the meeting to order and led the pledge of allegiance.  Roll was called.  Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Council President Leckrone addressed the Council concerning the LADC loan to Kootenai Paving.  Councilperson Huntsberger moved to accept the LADC recommendation to loan Kootenai Paving $320,000 with payments per the LADC agreement.

Mr. Crismore seconded.

Council President Leckrone opened discussion.  Councilman McElmurry asked a few questions concerning LADC policy.  Discussion followed including Council members and audience members Jim Rostopher, D.C. Orr, Paul Rumelhart of KRDC and Rob MacDonald of LADC.

Vote as follows:                Bothman  –  Yes

Crismore  –  Yes

                                          Huntsberger  – Yes

                                          McElmurry  –  No

Roll  –  Yes

Motion carried.

The next regular monthly council meeting will be June 7, 2004 at 7 p.m.

Meeting adjourned at 7:30 p.m.

Council President, Charlene Leckrone

City Clerk, Heidi Morris

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 1, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Mayor Berget addressed the Council concerning the resignation of Scott Spencer, the City Attorney. Mayor Berget had done some initial research and to give the Council time to check out all options, he recommended the Council appoint Charles Evans as City prosecutor for 90 days and appoint Scott Spencer as legal counsel for civil matters for the City. After discussion, Mr. Bothman moved to accept the Mayor’s recommendation to appoint Charles Evans as City Prosecutor for 90 days and Scott Spencer as legal counsel for the City of Libby.
Mr. Roll seconded.
Vote as follows: Bothman – Yes Crismore – Rescinded
Huntsberger – No
Leckrone – Yes
McElmurry – Yes
Roll – Yes
Motion carried.

Councilman Huntsberger addressed the Council concerning the LADC loan to Kootenai Paving. He discussed the information that had been made available from George Niemi, Paul Rumelhart and the Department of Commerce. Mr. Huntsberger spoke in favor of the loan and moved to accept the LADC recommendation to loan Kootenai Paving $320,000 with payments per the LADC agreement.
Mr. Crismore seconded.
Councilman McElmurry asked a few questions. Mr. Niemi was available and spoke to the Council. Mr. Bothman asked Mr. Niemi about the business staying local for the length of the loan. Mr. Niemi was agreeable to keeping Libby as a base. Discussion followed including Council members and audience members Jim Rostopher, D.C. Orr, Paul Rumelhart, and Tiffany Bower. Duane Williams, KLCB, asked about Council’s due diligence as recommended by City Counsel. Mayor Berget reminded everyone of the motion of the floor, and question was called.
Vote as follows: Bothman – No
Crismore – Yes
Huntsberger – Yes
Leckrone – No
McElmurry – No
Roll – No
Motion failed.
Mayor Berget asked the Council as a whole what was necessary, the Council asked that an outside person review the Kootenai Paving loan and report directly to the Council. A special meeting will be held Thursday night to review the finding of the report.
June 1, 2004

Discussion followed. Mr. Roll moved to ask an outside person to review the Kootenai Paving loan proposal with the City’s interest in mind. Mr. Roll amended the motion to specify Eric Hanson of the Department of Commerce to review the loan on behalf of the City.
Mr. Bothman seconded.
Motion carried unanimously.

Mr. Roll moved to reconsider the LADC – Kootenai Paving loan at a special meeting on June 3, 2004, to give the Council time to review all the information received.
Mr. Bothman seconded.
Motion carried unanimously.

LADC-Kootenai Paving loan was tabled to the special meeting on June 3, 2004, to give the Council time to review.

The LADC – Kootenai Paving loan issue will be discussed at a special meeting, Thursday June 3, 2004 at 7:00 p.m. A Council working committee meeting will start at 6 p.m. prior to the special meeting.

Ron Carter announced that the Friends of the old High School will be at the June 7th meeting and will show a PowerPoint presentation.

Mayor Berget reported that the lease from the State had arrived for the Driver’s License office space in City Hall and would be signed and returned. The college house has been sold, the paper work is being finished. He also informed the Council of a wonderful thank you card from Angela Holiday.

The next regular monthly council meeting will be June 7, 2004 at 7 p.m.

Meeting adjourned at 9:00 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

June 7, 2004 | Regular Meeting

Read full text

THE 1232nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 7, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Council President Leckrone called the regular council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, McElmurry and Roll, Supervisor of City Services Dan Thede, Police Chief Clay Coker, City Attorney Scott Spencer, City Judge Lucille Briggs and City Clerk Heidi Morris were present.

Council President Leckrone opened the public hearing for Ordinance #1620 – Uniform Building Code Modified by Administrative Regulations for the State of Montana. It was the second reading and public comment was opened. There was no public comment. Council President Leckrone closed the public hearing and started the regular council meeting.

Mr. Roll moved to accept the minutes from the May 3, 2004 regular and the May 17th, May 24th, June 1st & June 3rd special meetings.
Mr. McElmurry seconded.
Motion carried unanimously.

Council President Leckrone addressed the Council concerning the second reading of Ordinance #1620 – Uniform Building Code Modified by Administrative Regulations for the State of Montana. Mr. McElmurry moved to accept Ordinance #1620 – Uniform Building Code Modified by Administrative Regulations for the State of Montana.
Mr. Roll seconded.
Motion carried unanimously.

Council President Leckrone read Resolution #1621 – Authorize Submission of CDBG Application for CARD. Discussion followed. Mr. Huntsberger moved to approve Resolution#1621 – Authorize Submission of CDBG Application for CARD.
Mr. Roll seconded.
Motion carried unanimously.

Council President Leckrone read Resolution #1622 – Resolution to Amend the 2003-04 General Fund Budget. Discussion followed. Mr. Roll moved to approve Resolution #1622 – A Resolution Providing for the Amendment of the General Fund Budget for the Fiscal Year 2003-04.
Mr. McElmurry seconded.
Motion carried unanimously

UNFINISHED BUSINESS

Council President Leckrone informed the Council that no letters of interest had been received for the vacancy on the Board of Adjustments. Members were asked to be on the look out for possible candidates. The appointment was tabled.

NEW BUSINESS

Bill Boger, engineer for Thomas, Dean and Hoskins, Inc., informed the Council about the timeline for the bid process for Johnson Acres. The Johnson Acres project is ready to bid and the bidding advertising will start the end of the week. A schedule was distributed and reviewed. Council President Leckrone asked questions concerning possible asbestos removal in the area. Mr. Boger indicated that the EPA would be involved in the pre-bid process as well as the pre-construction process. Discussion followed.

Betty Jo Wood, Libby Revitalization Inc., was on hand to answer any questions concerning the LADC recommendation for their grant request. Mr. Bothman moved to accept the LADC recommendation to approve a grant to Libby Revitalization of $100,000 for their second year of funding.
Mr. Roll seconded.
Motion carried unanimously.

Vicki Munson, Friends of Old High School, distributed a printout to Council and audience members. She reviewed the presentation concerning the historic renovation adaptive reuse of the old high school building and answered questions. Their group asked for consideration from the Council in the same amount as given to the demolition proposal if the School Board’s decision is in their favor. Ron Carter addressed the Council and explained two sketches of the old high school. Discussion followed. Council President Leckrone said the Council would take the matter under advisement.

The gas, propane and crush bids were opened and read by Council President Leckrone.
Moore Oil Unleaded 1.7223
Diesel Fuel 1.6283
Propane .78
Amerigas Propane .888
City Service/Valcon Propane .87
.94 per gallon – fixed
Kootenai Paving Cold Mix $33 per ton
Plant Hotmix $31 per ton
Hot Mix Proposal $24 per ton with City aggregate, haul trucks &
drivers, & loader operator
Remp Sand & Gravel ½ Minus Crush per yd $4.20
3/8 Minus Chips per yd $12.75
The bids will be reviewed by the Street Committee and a recommendation will be brought back to the Council.

COMMITTEE REPORTS

PARKS – Councilperson Huntsberger informed the trees would be coming soon for the river park. Tables and benches are already there. Mr. Huntsberger spoke about Dick Wood and the Libby Chamber presentation on Fireman’s Park.

FIRE – Councilperson Roll gave the fire report for the month. There were 2 fire calls for the city, 6 for the county and 0 for out of district, a total of 8 calls for the month of
May. The fire department is in a countywide process of renumbering radios in all units.

BUILDING/INDUSTRIAL PARK – Council President Leckrone informed the Council that the Montana Athletic Club was in the process of getting bids on carpet and painting.

POLICE –Police Chief Coker reported 217 calls, 32 citations, 23 arrests, for the month of May.

WATER – Mr. Bothman said DNRC was working on refinancing the water treatment plant.

SEWER/LIGHTS – Mr. Huntsberger’s committee has been working on the ordinances and compliance.

STREETS/ALLEYS – Mr. Roll announced that the Street crew has been patching streets and alleys. They just finished taking down the temporary walls in City Hall left by St. John’s Rehab, after they moved out. The Dept of Revenue-Assessors’ office will be moving in about the first of July. The Street crew is working with Rich Thompson concerning the alley behind the County annex building.

BUDGET/FINANCE – Council President Leckrone informed the Council that work on the budget would begin as soon as the Mayor was back in town.

JUDICIAL – Judge Lucille Briggs addressed the Council concerning the moving of
Court room. The Driver’s License office will be renting space in City Hall, and the Court has been asked to change rooms.

It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC
Jim Rostopher addressed the Council.

Next regular city council meeting will be held July 5, 2004 at 7 p.m.
The meeting was adjourned at 8:30 pm.

Council President, Charlene
City Clerk, Heidi Morris
—————————————————-
A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 1, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Anthony Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Mayor Berget addressed the Council concerning the resignation of Scott Spencer, the City Attorney. Mayor Berget had done some initial research and to give the Council time to check out all options, he recommended the Council appoint Charles Evans as City prosecutor for 90 days and appoint Scott Spencer as legal counsel for civil matters for the City. After discussion, Mr. Bothman moved to accept the Mayor’s recommendation to appoint Charles Evans as City Prosecutor for 90 days and Scott Spencer as legal counsel for the City of Libby.
Mr. Roll seconded.
Vote as follows: Bothman – Yes Crismore – Rescinded
Huntsberger – No
Leckrone – Yes
McElmurry – Yes
Roll – Yes
Motion carried.

Councilman Huntsberger addressed the Council concerning the LADC loan to Kootenai Paving. He discussed the information that had been made available from George Niemi, Paul Rumelhart and the Department of Commerce. Mr. Huntsberger spoke in favor of the loan and moved to accept the LADC recommendation to loan Kootenai Paving $320,000 with payments per the LADC agreement.
Mr. Crismore seconded.
Councilman McElmurry asked a few questions. Mr. Niemi was available and spoke to the Council. Mr. Bothman asked Mr. Niemi about the business staying local for the length of the loan. Mr. Niemi was agreeable to keeping Libby as a base. Discussion followed including Council members and audience members Jim Rostopher, D.C. Orr, Paul Rumelhart, and Tiffany Bower. Duane Williams, KLCB, asked about Council’s due diligence as recommended by City Counsel. Mayor Berget reminded everyone of the motion of the floor, and question was called.
Vote as follows: Bothman – No
Crismore – Yes
Huntsberger – Yes
Leckrone – No
McElmurry – No
Roll – No
Motion failed.
Mayor Berget asked the Council as a whole what was necessary, the Council asked that an outside person review the Kootenai Paving loan and report directly to the Council. A special meeting will be held Thursday night to review the finding of the report.

Discussion followed. Mr. Roll moved to ask an outside person to review the Kootenai Paving loan proposal with the City’s interest in mind. Mr. Roll amended the motion to specify Eric Hanson of the Department of Commerce to review the loan on behalf of the City.
Mr. Bothman seconded.
Motion carried unanimously.

Mr. Roll moved to reconsider the LADC – Kootenai Paving loan at a special meeting on June 3, 2004, to give the Council time to review all the information received.
Mr. Bothman seconded.
Motion carried unanimously.

LADC-Kootenai Paving loan was tabled to the special meeting on June 3, 2004, to give the Council time to review.

The LADC – Kootenai Paving loan issue will be discussed at a special meeting, Thursday June 3, 2004 at 7:00 p.m. A Council working committee meeting will start at 6 p.m. prior to the special meeting.

Ron Carter announced that the Friends of the old High School will be at the June 7th meeting and will show a PowerPoint presentation.

Mayor Berget reported that the lease from the State had arrived for the Driver’s License office space in City Hall and would be signed and returned. The college house has been sold, the paper work is being finished. He also informed the Council of a wonderful thank you card from Angela Holiday.

The next regular monthly council meeting will be June 7, 2004 at 7 p.m.

Meeting adjourned at 9:00 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris
—————————————–

A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 3, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Council President Leckrone called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, and City Clerk Heidi Morris were present.

Council President Leckrone addressed the Council concerning the LADC – Outdoor Arena grant

A special meeting will be held June 21, 2004 at 7 p.m.

The next regular monthly council meeting will be July 5, 2004 at 7 p.m.

Meeting adjourned at 7:30 p.m.

Council President, Charlene Leckrone

City Clerk, Heidi Morris
—————————————

A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 14, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Council President Leckrone called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, and City Clerk Heidi Morris were present.

Council President Leckrone addressed the Council concerning the LADC – Outdoor Arena at J. Neil’s Park grant. Don Bernall gave a presentation for a grant to Lincoln County for Sports Arena steel fencing, livestock chutes and holding pens to facilitate rodeo type functions, and fixed covered grandstand seating to accommodate one thousand (1,000) spectators in the amount not to exceed $245,000. Mr. Bernall distributed copies of a survey done with the local resident neighbors. He explained possible uses for a variety of events for the community. Mr. Bernall stressed the importance of time, and reported on the pro-rodeo that will be in Libby July 30 and 31, 2004. The arena would be started immediately, with the grandstand to be built on the winter and installed in the Spring of 2005. Discussion followed with audience members Ralph Heinert; John Massey, Kiwanis and Logger Days; Rita Windom, County Commissioner; Gene Rogers, O-Mok-See; and Tiffany Bower. Council President Leckrone asked the 25 audience members in favor of the arena to stand, all stood.

A special meeting will be held June 21, 2004 at 7 p.m.

The next regular monthly council meeting will be July 5, 2004 at 7 p.m.

Meeting adjourned at 7:50 p.m.

Council President, Charlene Leckrone

City Clerk, Heidi Morris
———————————–

A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JUNE 21, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Berget called the meeting to order and led the pledge of allegiance. Roll was called. Councilmembers Bothman, Crismore, Huntsberger, Leckrone and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Mayor Berget asked the Street Committee for the gas, propane and crush bids recommendation. Mr. Roll and Mr. Thede had reviewed the bids for gas, oil, diesel, propane, chip, and crush.
Mr. Crismore moved to accept the recommendation of Moore Oil, Inc., City Service/Valcom, Kootenai Paving and Remp Sand & Gravel bids.
Mr. Bothman seconded.
Motion passed unanimously.
The bids were awarded by the Council (starting July 1, 2004) as follows:
Diesel, Oil and Gas Moore Oil, Inc.
Propane City Service/Valcom .94 Fixed
Cold Mix, Hot Mix Kootenai Paving
Crush Remp Sand & Gravel

Mayor Berget opened discussion concerning the LADC – Outdoor Arena at J. Neil’s Park grant proposal. Ms. Leckrone asked questions concerning visibility. Rita Windom, Lincoln County Commissioner, said the County would charge fees for use and these fees would be used to help with maintenance costs for the arena and of the immediate area.
Mr. Huntsberger moved to accept the LADC recommendation to give Lincoln County a grant for sports arena steel fencing, livestock chutes and holding pens to facilitate rodeo type functions, and fixed covered grandstand seating to accommodate one thousand (1,000) spectators at J. Neil’s Park in the amount not to exceed $245,000.
Mr. Roll seconded.
Discussion followed.
Mr. Bothman – Yes
Mr. Crismore – Yes
Mr. Huntsberger – Yes
Ms. Leckrone – No
Mr. Roll – Yes
Motion passed.

Jim May addressed the Council concerning the LADC-Cabinet View Country Club loan for developing the second nine (9) hole golf course and residential development in an amount not to exceed $1,541,000. John Beeman gave a power point presentation and Wayne Haines wrapped up the presentation with a business plan review and asked questions. Discussion followed. The golf course loan would be on the July 12, 2004 regular meeting agenda and Council members were encouraged to ask any additional questions that may come up about the project in the next few days as soon as possible for explanation from any of the presenters.

The next regular monthly council meeting will be July 12, 2004 at 7 p.m.

Meeting adjourned at 8:30 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris
——————————————

A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JULY 1, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Berget called the meeting to order and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry and Roll, and City Clerk Heidi Morris were present.

Mayor Berget read the three Johnson Acres bid amounts to the Council. Bids are as follows:
Noble Excavating    Smith Contracting         Western Municipal
BASE BID               $1,533,077           $1,787,109.90             $2,320,827.24
Alternate                     1 59,900                   59,604.00                    70,650.00
Subtotal                      1,592,977            1,846,713.90               2,391,477.24
Alternate                     2 116,990               123,840.00                  133,788.50

Grand Total              $1,709,967             $1,970,553.90             $2,525,265.74

Mayor Berget opened discussion concerning the approximate $489,000 difference between the low bid amount and the engineering project proposed amount of $1,221,275. TD&H engineer Bill Boger, Mayor Berget and Supervisor of City Services Dan Thede had met with Chris Noble, Noble Excavating, the low bidder and discussed possible negotiations. Mayor Berget and Supervisor of City Services Dan Thede met with City Attorney Scott Spencer concerning legal opinions for negotiations. Mr. Spencer advised the Council that he was comfortable and working with the low bidder and everything except the time frame factor. If the time needs to be changed to start in the spring of 2005 then the project must be re-bid. At this time the Council has two options available, work with the low bidder reviewing requirements of the bid and possible alternatives or to re-bid the project. The Council asked Chris Noble to work on a proposal to help work with the City’s budget and be presented to the Council next week and also reviewed by the engineer. The Council will address the matter at the July 12, 2004 regular meeting.

Lori Benson, St. John’s Lutheran Hospital, addressed the Council concerning the possible donation of the two whirlpools and two tables from the old rehab rental space. The Council will address the matter at the July 12, 2004 regular meeting.

The next regular monthly council meeting will be July 12, 2004 at 7 p.m.

Meeting adjourned at 7:35 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris

July 12, 2004 | Regular Meeting

Read full text

THE 1233rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON JULY 12, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS.

Mayor Berget called the regular council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede, Police Chief Clay Coker, City Attorney Scott Spencer and City Clerk Heidi Morris were present.

Mr. Crismore moved to accept the minutes from the June 7, 2004 regular meeting and the June 14th & 21st, and July 1st special meetings.
Mr. Roll seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mayor Berget informed the Council of Bruce Moog, the new Postmaster’s interest in the opening on the Board of Adjustments.
Mr. Roll moved to appoint Bruce Moog to the Board of Adjustments.
Mr. Crismore seconded.
Motion carried unanimously.

Mayor Berget addressed the Council concerning the Johnson Acres bid. The bids have been reviewed and the low bid was approximately $500,000 over the engineer estimates. Discussion followed. Mr. Thede and Mayor Berget had met with Bill Boger, engineer for Thomas, Dean & Hoskins, Inc., and he recommended re-bidding the project in late fall or early winter for a start in March 2005. The Council will help review the bid to cut some of the project expenses.
Mr. Roll moved to re-bid the Johnson Acres project in late fall or early winter, with a start in early spring of 2005.
Mr. McElmurry seconded.
Motion carried unanimously.

Mayor Berget spoke of the City’s responsibility to the homeowners in the Johnson Acres area because of the delay. There may be septic problems in the area and the Council asked Mr. Thede, Supervisor of City Services, to review each case and if approved, the City would pay to pump the septic tank.
Mr. Roll moved to cover the costs of pumping failing septic tanks in the Johnson Acres area on a case by case basis to be approved by Dan Thede, Supervisor of City Services.
Mr. Crismore seconded.
Motion carried unanimously.

Mayor Berget addressed the Council concerning the possible donation to St. John’s Lutheran Hospital, of the two whirlpools and two tables from the old rehab rental space. Item was tabled until the list and value of equipment could be obtained.

NEW BUSINESS

City Attorney, Scott Spencer, after reading the LADC by-laws, advised the Council that the City Council only approves a replacement of unexpired terms for LADC Board members. The Council has no say in new members for expired terms on the LADC. The LADC is replacing members for two expired terms at the present time. No action is needed from Council. Discussion followed.

Janel Cotter addressed the Council concerning a lease between U-Serve Tennis and the City. U-Serve Tennis would like to build 6 tennis courts and 2 basketball courts, hopefully in time for next tennis season. The original lease had been reviewed by the City Attorney and additions and changes had been requested. The new lease was received at the meeting. Discussion followed. Mr. Spencer said a management agreement would need to be furnished by U-Serve Tennis as a separate document before the courts would put into use. Ms. Cotter spoke of the possible endowment that group would be working on, for maintenance of the courts.
Mr. Crismore moved to approve the final U-Serve Tennis lease, as reviewed and approved by Scott Spencer, City Attorney.
Mr. Roll seconded.
Motion carried unanimously.

Earl Messick addressed the Council concerning the request for LADC-Cabinet View Country Club loan for developing the second nine (9) hole golf course and residential development. Discussion followed. City Attorney, Scott Spencer had distributed a letter with the Council’s requested recommendation to the Council and audience members. Mr. Spencer recommended as follows:
1) The City approve the LADC loaning the CVCC $166,000 immediately for engineering and other studies.
2) The City hereby set aside the remaining balance of the requested LADC loan for a period of one year or until the final CVCC proposal is approved or disapproved.
3) When CVCC presents further information on the viability of the development of the golf course without depending on the City sewer available through annexation, the City will make a final decision on whether the loan will be approved. The final decision will be specifically made on whether the project is viable without City sewer through the annexation process.
4) Final loan terms will be decided at the final approval, if made by the City.
5) If the City decides to disapprove the funding of the loan, the debt for the $166,000 will be forgiven and will not be requested to be repaid.
Bert Ward, Cabinet View subdivision, asked for an update on the sewer grant project. Mayor Berget explained that the funding for the golf course is not tied to the sewer project. The City had not received any word on the grants yet. Discussion followed.

Mr. Huntsberger moved to approve an LADC loan of $166,000 to Cabinet View Country Club for engineering and other studies as per the recommendation from City Attorney Spencer’s letter.
Mr. Crismore seconded.
The motion was amended to include a statement saying no money would be paid out until copies of invoices are received from CVCC.
Motion carried unanimously.

Mr. Bothman asked the Ordinance/Resolution Committee to review the possibility of requiring new sidewalks and curbs on new construction. The committee will meet and review with City Attorney and return to the Council with a recommendation.

Mayor Berget asked Mr. Spencer for an update on the Farag properties and Shed 6. Everything had been put on hold because of a possible new owner for some of Farags’ properties. Mr. Spencer explained that he would like direction from the Council for himself and for John Norberg, Building Inspector on the condemned houses. The Council asked Mr. Spencer to send letters to both the Shed 6 owner and the Farags with a time limit for response. Discussion followed.

Tom Wood, Libby Revitalization Inc., addressed the Council. The LRI will be sending a member of their committee to each Council meeting. The LRI has the opportunity to partner with the Montana Conservation Corp. The Montana Conservation Corp could come to Libby for a week, the second week of August. They would send 7 people, with 2 supervisors for 40 hours for the week from each worker, the Corp pays all insurance costs. The cost would be $2,800 and the LRI asked the Council to pay half, $1,400. The City would receive 2.5 days work on any projects needed. The LRI wants to use them for visible projects around the City. Mayor Berget said that the Parks budget could handle that amount, the Council agreed it was a good idea, no vote needed. Mr. Thede said that they are good workers from past experience. Discussion followed.

The City is in the process of leasing space to the Dept of Revenue, Assessors Office and Drivers License office in City Hall. City Attorney Spencer had reviewed leases and all questions had been addressed.
Mr. Roll moved to accept the leases for the Dept of Revenue, Assessors Office and Drivers License office as written.
Mr. Crismore seconded.
Motion carried unanimously.

Mr. David Orr, owner of property on corner of Mineral and the highway, asked the Council to consider abandoning the alley by Frank’s Express Drug to allow a drive-up window. There is a water line running through the alley, but they could get an easement. The item was turned over to the Street Committee for review and to discuss options.

COMMITTEE REPORTS

PARKS – Councilperson Huntsberger’s committee met last week, they are working with EPA concerning the trees for River Park and the possible sprinkler system. Mr. Thede will be meeting with Jim Christianson on Wednesday. Mr. Huntsberger will be meeting with Dick Wood and Ed Stamy to organize a plan for Fireman’s Park. Ms. Leckrone asked about the spraying of weeds in cemetery. The City does have a truck mounted sprayer, but it is too late to spray knap weed this year.

COUNTY LIAISON – Mr. Crismore will be working with Rita Windom, Lincoln County Commissioner, concerning the use of CTEP monies.

FIRE – Fire Chief Tom Wood gave the fire report for the month. There were 4 fire calls for the city, 4 for the county and 1 for out of district, a total of 9 calls for the month of
June and a total of 63 calls for the year so far. Chief Wood thanked the Council for taking action on the condemned homes in the City.

INSURANCE – Mr. McElmurry informed the Council of the meeting last week with Bob Worthington, MMIA.

POLICE –Police Chief Coker reported 211 calls, 26 citations, 16 arrests, for the month of June. Officer Matt White is back from academy. The school resource officer position was lost, no further funding was available. The terms of the original grant have been completed. Officer Graham has accepted a position with the County. This month starts the ninth year of operation for the police department.

WATER – Mr. Bothman said Anna Miller, DNRC, was working on refinancing the water treatment plant and should have information in the next week or two.

SEWER/LIGHTS – Mr. Huntsberger informed the Council of chipping work happening with the County at the parking lot by the ball parks and the sewer line to the bathrooms.
The power company has been replacing burnt out street lights around the City. The sewer committee will be meeting with City Attorney Spencer concerning hookups.

SIDEWALKS/CURBS – Mr. Bothman said a private contractor would be finishing the 10 feet of sidewalk by the VFW.

BUDGET/FINANCE – Council Budget Committee meeting will be held Wednesday, July 14, 2004 at 7 p.m.

TAG- Ms. Leckrone informed the Council that she is not on TAG, she is now on O&M.

Public Safety/Traffic Coordinator – Mr. Crismore announced that a citizen has requested a stop sign at 10th and Utah. It will be reviewed.

It was moved, seconded and carried to pay the claims as per the claims approval list.

HEAR THE PUBLIC

Jim Rostofer addressed the Council.

Council Budget Committee meeting will be held Wednesday, July 14, 2004 at 7 p.m.

Next regular city council meeting will be held August 2, 2004 at 7 p.m.

The meeting was adjourned at 8:50 pm.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris, CMC
————————————–
A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JULY 1, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Berget called the meeting to order and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, McElmurry and Roll, and City Clerk Heidi Morris were present.

Mayor Berget read the three Johnson Acres bid amounts to the Council. Bids are as follows:
Noble Excavating               Smith Contracting            Western Municipal
BASE BID              $1,533,077                    $1,787,109.90               $2,320,827.24
Alternate                    1 59,900                            59,604.00                      70,650.00
Subtotal                     1,592,977                      1,846,713.90                 2,391,477.24
Alternate                    2 116,990                         123,840.00                    133,788.50

Grand Total             $1,709,967                    $1,970,553.90                $2,525,265.74

Mayor Berget opened discussion concerning the approximate $489,000 difference between the low bid amount and the engineering project proposed amount of $1,221,275. TD&H engineer Bill Boger, Mayor Berget and Supervisor of City Services Dan Thede had met with Chris Noble, Noble Excavating, the low bidder and discussed possible negotiations. Mayor Berget and Supervisor of City Services Dan Thede met with City Attorney Scott Spencer concerning legal opinions for negotiations. Mr. Spencer advised the Council that he was comfortable and working with the low bidder and everything except the time frame factor. If the time needs to be changed to start in the spring of 2005 then the project must be re-bid. At this time the Council has two options available, work with the low bidder reviewing requirements of the bid and possible alternatives or to re-bid the project. The Council asked Chris Noble to work on a proposal to help work with the City’s budget and be presented to the Council next week and also reviewed by the engineer. The Council will address the matter at the July 12, 2004 regular meeting.

Lori Benson, St. John’s Lutheran Hospital, addressed the Council concerning the possible donation of the two whirlpools and two tables from the old rehab rental space. The Council will address the matter at the July 12, 2004 regular meeting.

The next regular monthly council meeting will be July 12, 2004 at 7 p.m.

Meeting adjourned at 7:35 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris
———————————–
A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD ON JULY 22, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM.

Mayor Berget called the meeting to order and led the pledge of allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, Supervisor of City Services Dan Thede and City Clerk Heidi Morris were present.

Mark Epperson, Downtown Merchants Association and LRI representative, gave a presentation to the Council for a street closure. They requested permission to close Mineral Avenue between Second and Third from 8:30 p.m. to 1 p.m. for a downtown street dance on Friday, July 30, 2004. Cardinal Building Center will be supplying electricity for the band. No alcohol will be allowed on the street. The Pastime Bar is on the block. They will have people on hand for an immediate cleanup after the dance.
Mr. Huntsberger moved to close Mineral Avenue between Second and Third from 8:30 p.m. to 1 p.m. for a downtown street dance on Friday, July 30, 2004.
Mr. Crismore seconded.
Motion passed unanimously.

Mr. Epperson informed the Council of an upcoming ice cream social event on August 6, 2004, in front of Libby Café, from 4:30 to 6 pm, free ice cream. Some antique motorcycles will be in town at that time.

The next regular monthly council meeting will be August 2, 2004 at 7 p.m.

Meeting adjourned at 7:20 p.m.

Mayor, Anthony J. Berget

City Clerk, Heidi Morris, CMC

August 9, 2004 | Regular Meeting

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD AUGUST 9, 2004 AT 7:00 P.M. IN THE COUNCIL CHAMBERS, PURSUANT TO NOTICE, TO CONDUCT A FORMAL BUDGET HEARING

Mayor Berget called the meeting to order and led the pledge of allegiance.  Councilmember Bothman, Crismore, Huntsberger, and Roll, and City Clerk, Heidi Morris were present.

The letter of resignation from City Clerk Heidi Morris was read.  She had accepted a job out of the area and gave the Council two weeks notice.   Her final day will be August 20, 2004.  The position had been posted with the Libby Job Service and advertised in the local papers.

Mayor Berget informed the Council that Walt McElmurry had accepted the water and sewer supervisor position.

Mayor Berget opened the 2004-2005 Budget Hearing.

Jim Rostopher, P.O. Box 278, addressed the Council and asked a few questions concerning the budget.

A special meeting will be held Thursday, August 12, 2004 at 7 p.m. to approve the final 04-05 budget.  After the special meeting, the LADC and City Council will hold a joint meeting at 7:30 pm.

After some discussion the meeting was adjourned at 7:15 p.m.

<hr>

A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD AUGUST 12, 2004 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order and led the pledge of allegiance.  Councilmember Bothman, Crismore, Huntsberger, and McElmurry, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk, Heidi Morris were present.

Councilmember Leckrone arrived at 7:10 p.m.

Mayor Berget read Resolution # 1624 for Tax Levy for FY 2004.

Mr. Bothman made a motion to accept the resolution.

MR. Crismore seconded the motion.

Motion passed unanimously.

Mayor Berget read Resolution # 1625 for Fixing Annual Appropriations for 2004-05.  The budget includes a sewer & water increase of 1.9% cost of living, the public hearing will be in September.

Mr. Huntsberger made a motion to accept the resolution.

Mr. Crismore seconded the motion.

Motion passed unanimously.

Mayor Berget read Resolution # 1626 for 2004-05 Setting Salaries.

Mr. Bothman made a motion to accept the resolution.

Mr. Huntsberger seconded the motion.

Motion passed unanimously.

After the special meeting, the LADC and City Council will hold a joint meeting at 7:30 pm.

The next regular meeting will be September 13, 2004 at 7 p.m.  A water and sewer public hearing for a rate increase will be prior to the meeting at 6 p.m.

After some discussion the meeting was adjourned at 7:15 p.m.

September 13, 2004 | Regular Meeting

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THE 1235th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON SEPTEMBER 13, 2004 AT 6:00 PM IN THE COUNCIL CHAMBERS.

PUBLIC HEARING  – WATER & SEWER HEARING RATE INCREASES

 

Mayor Berget called the public hearing to order at 6:02 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. One public was present and her questions were answered.

The public hearing was adjourned at 6:04 p.m.

Mayor Berget called the regular meeting to order at 7:02 p.m. and led the Pledge of Allegiance.  Roll was called.  Council members Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Police Chief Clay Coker, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  Council member Mr. Crismore was absent.

Mayor Berget presented the oath of office to the new City Clerk Chris Erickson.

Ms. Leckrone moved to accept the minutes from the August 2, 2004 regular meeting, the August 9, 2004 special meeting and the August 12th special meeting.
Mr. Roll seconded.
Motion carried

UNFINISHED BUSINESS

No unfinished business was scheduled for this meeting.

NEW BUSINESS

Mayor Berget read Resolution #1627 – Resolution of the City of Libby approving a rate increase for the City’s water system.  Discussion followed.

Mr. Bothman moved to approve Resolution#1624.
Mr. McElmurry seconded.
Motion carried unanimously.

Mayor Berget read Resolution #1628 – Resolution of the City of Libby approving a rate increase for the City’s sewer system.  Discussion followed.

Mr. Roll moved to approve Resolution#1625.
Mr. Bothman seconded.
Motion carried unanimously.

Mayor Berget briefly explained a proposal from Montana Municipal Insurance Authority for a new employee health benefits program being offered to the City of Libby through the League of Cities and Towns. A 2.7% rate reduction will result for the City of Libby with no change to the current health benefits, limits or deductibles.

Mayor Berget read Resolution #1629 – Resolution of the City of Libby authorizing participation in the Montana Municipal Insurance Authority employee benefits program and authorizing the execution of the memorandum of intent to participate in such program and such other documents as may be necessary to effectuate participation in such employee benefits program.  Discussion followed.

Mr. Roll moved to approve Resolution#1626.
Mr. Bothman seconded.
Motion carried unanimously.

The Port Authority submitted a request for a $12,000 loan to be used to remodel an existing building to be used as a furniture manufacturing facility. This subject was tabled until September 27, 2004.

The biomass discussion was tabled until the next regular meeting in October, as Mr. Carter was not present.

A request from Kootenai Winter Sports Ski Education Foundation, Inc. will be discussed at a special meeting scheduled for Wednesday, September 15, 2004 at 6:00 p.m. in the Council Chambers.

Mayor Berget reminded the Council of a joint meeting with LADC, KRDC, and LCPA scheduled for Monday, September 202004 at 6:00 p.m. at the Ponderosa Room at City Hall.

Mayor Berget informed the Council of a special meeting with Attorney General Mike McGrath on Thursday, September 23, 2004 at 7:30 p.m. in the Memorial Center in Libby regarding open meeting laws.

Mayor Berget shared the events of a very successful softball game against the City of Troy. The City of Libby came away victorious.

Mayor Berget reminded the Council members to submit their registration form for the Montana League of Cities Annual Conference scheduled for October 6-8, 2004.  The conference is in Kalispell this year and all are encouraged to attend.

COMMITTEE REPORTS

PARKS  – Councilperson Huntsberger discussed the huge improvement that was made to Fireman’s Park. The County has excess chip seal that they have offered to the City, which will be applied to the new parking area at the Fireman’s Park. Landscaping will be done next spring to complete the project.

FIRE   – Councilperson Roll presented the fire report for the month.

BUILDING/INDUSTRIAL PARK  – The baseball game between the City of Libby and the City of Troy was discussed.

INSURANCE  – The new proposal from MMIA was briefly discussed.

PERSONNEL  – The new City Clerk was mentioned.

POLICE  – Police Chief Coker reported 230 calls. Chief Coker invited the Council to ride along with an officer to experience what the police department does on a shift. He reported they are down one officer but an eight-year veteran will join the force next week.

RESOLUTION/ORDINANCE  – Three resolutions were passed this meeting.

WATER  – Mr. Bothman talked about a piece of equipment at the water treatment plant that could possibly be sold. But as he stated, if it is encumbered the City cannot dispose of it.

SEWER/LIGHTS  – Mr. Huntsberger will talk with Police Chief Coker regarding the lights downtown. Two new poles will be ordered.

STREETS/ALLEYS  – Mr. Roll stated the old dumpsite was bladed in preparation for the demolition derby. There has been a lot of work completed at Fireman’s Park. The lines on the streets were hand painted, at no charge. The cost is usually about $5,100, which was quite a savings. Mr. Roll commented on the really great job they did.

SIDEWALKS/CURBS  – Mr. Bothman said there have been no new requests for funding for sidewalk repair. He again encouraged the public to bring forth their requests for assistance.

BUDGET/FINANCE  – Mr. Bothman, Mr. Roll and Ms. Leckrone will meet regarding finance issues.

JUDICIAL  – None.

UNION NEGOTIATIONS  – Mr. Huntsberger stated the negations between personnel and the union management groups went great.

RC & D  – Mr. Bothman will move forward with the plan and negotiate for grant writing to be included with the plan.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – Mr. Roll asked for direction for recommendations that are not contested.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mayor Berget reminded Council that the League of Cities and Towns conference would be held in Kalispell on October 7, 8 & 9.  All members were encouraged to attend.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. Bothman seconded.
Motion carried unanimously.

Mr. Spencer addressed the Council regarding the Libby Woodworks loan request and the situation with the certificates of deposit at Northwest Human Resources. He relayed several options the City could take although he could not advise them of what action would be the best for the City to consider. Ms. Leckrone, Mr. Bothman, Mr. McElmurry and Mayor Berget will schedule a meeting with the credit union and Northwest Human Resources to discuss the situation.

HEAR THE PUBLIC

Jim Rostofer addressed the Council.

A special city council meeting will be held September 15, 2004 at 6:00 p.m. to discuss the Kootenai Winter Sports Ski Education Foundation, Inc. loan request.

A special city council meeting is scheduled for Monday, September 27, 2004 at 6:00 p.m. to discuss the Port Authority loan request.

Next regular city council meeting will be held October 4, 2004 at 7 p.m.

The meeting was adjourned at 8:30 pm.

Mayor, Anthony J. Berget

City Clerk, Chris A. Erickson

Note:  Resolutions No. 1624, 1625 and 1626 adopted this date are duplicate numbers. Resolutions No. 1627, 1628, and 1629 replaced them.

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD SEPTEMBER 15, 2004 AT 6:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order and led the pledge of allegiance.  Council President Leckrone, Councilmember Bothman, Huntsberger, and McElmurry, City Attorney Scott Spencer and City Clerk Chris Erickson were present.

Councilmember Crismore and City Services Supervisor Dan Thede were absent.

Kootenai Winter Sports Ski Education foundation is requesting a grant of $200,000 for construction of a ski lodge at Turner Mountain. The group would also like to transfer the existing loan into a grant thus freeing up additional borrowing power.

Bruce Zwang, spokesman for the group, explained that the group needs approximately $300,000 to complete their project at Turner Mountain. If the City would forgive the $100,000 existing loan, approximately $8,000 per year would be freed up and would allow the group to be able to increase their borrowing power to complete the project.

If the City decided to award the additional $200,000 through a loan instead of through a grant, KWSSE would have any future ability to borrow money encumbered by the loans.

Mayor Berget praised the group on their ability throughout the years to move forward in their progress with their financial credibility, business plans and all the volunteer assistance they have received to make this project such a continued success for the community.

Mayor Berget asked for a show of hands from the audience in support of this project.

This was an informational meeting only. Action will be taken at the next scheduled special City Council meeting on Monday, September 27, 2004.

Meeting adjourned at 6:47 p.m.

Mayor Anthony J. Berget

City Clerk Chris Erickson

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD SEPTEMBER 27, 2004 AT 7:00 P.M. IN THE COUNCIL CHAMBERS

Mayor Berget called the meeting to order and led the pledge of allegiance.  Council members Bothman, Crismore, Huntsberger, and McElmurry, City Attorney Scott Spencer, City Services Supervisor Dan Thede and City Clerk Chris Erickson were present.

Council President Leckrone was absent.

Kootenai Winter Sports Ski Education Foundation is requesting an LADC grant of $200,000 for construction of a ski lodge at Turner Mountain transferring the existing loan into a grant.

Mayor Berget opened the meeting for discussion of the proposal. He had checked on the status of the existing CD and discovered that if the CD were paid off early by a loan, interest of about $12,000 would be lost to the City of Libby. A brief discussion ensued.

Mr. Huntsberger made a motion to grant $302,000 to the Kootenai Winter Sports Ski Education Foundation with the option of a five-year review of the status.
Mr. McElmurry seconded the motion.
Motion passed unanimously.

The Lincoln County Port Authority is requesting an LADC loan for $12,000 to remodel an existing building. The loan will be for two years and is unsecured. Debi Davidson handed out a Preliminary Land Use Plan on the facility. She stated there are 3-4 potential tenants interested in renting the facility. The money is for material only.

Mr. Crismore made a motion to grant a loan of $12,000 to the Port Authority to be tied to the existing loan.
Mr. Huntsberger seconded the motion.
Motion passed unanimously.

Public comment was opened.

Tom Horlick, Chairman of the Aquatic Center, presented a request for a $20,000 loan from LADC. CTA Landworks Group has submitted a proposal for land planning and landscape architectural services for the proposed facility, and they need this money in order to get on the ballot for the Spring 2005 election. Mayor Berget stated Mr. Horlick needed to get a resolution from LADC before the Council can consider the proposal.

The new proposal from the Cabinet View Country Club will be on the agenda for the October 4, 2004 regular meeting.

Mr. Spencer reviewed the proposal from Libby Woodworks. As this proposal is two separate issues now, business plans from both individuals must be received.

A discussion, which will be open to the public, will follow the special meeting.

Meeting adjourned at 7:48 p.m.

A discussion regarding Libby Woodworks followed the special meeting at 8:07 p.m., which was open to the public.

Ms. Leckrone, Mr. Bothman, Mr. McElmurry and Mayor Berget met with the Lincoln County Credit Union, Northwest Human Resources regarding the certificate of deposit on account at the credit union for Libby Woodworks aka Ora Miller.  As Mr. Spencer stated, Northwest Human Resources has never lived up to the LADC resolution, which was passed by motion, of collateralizing and servicing the loan for the City of Libby. Instead of making the loan to a business, Northwest Human Resources loaned the money to an individual namely Ora Miller. The funds have been misused, inventory has been sold and loan payments are not being met. Mr. Spencer’s suggested that the Council decide what the actual loss is and then decide what plan of action to take.

No decision was to be made at this meeting as it was for discussion and information only.

Discussion adjourned at 8:49 p.m.

Mayor Anthony J. Berget

City Clerk Chris Erickson

October 4, 2004 | Regular Meeting

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THE 1236th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON OCTOBER 4, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:01 p.m. and led the Pledge of Allegiance.  Roll was called. Council members Bothman, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Police Chief Clay Coker, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  Council member Mr. Crismore was absent.

Mr. Roll moved to accept the minutes from the September 13, 2004 regular meeting with one correction.
Mr. McElmurry seconded.
Motion carried unanimously.

Mr. Roll moved to accept the minutes from the September 15, 2004 special meeting.
Mr. Huntsberger seconded.
Motion carried unanimously.

Ms. Leckrone moved to accept the minutes from the September 27, 2004 special meeting with one correction.
Mr. McElmurry seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Mayor Berget presented St. John’s Rehabilitative Services request for equipment donation.

Mr. Bothman moved to donate the equipment with the request for St. John’s Rehabilitative Services to make a donation to Wings for $50.00 in lieu of purchasing the equipment.
Mr. Roll seconded.
Motion carried unanimously.

NEW BUSINESS

Mayor Berget introduced Ryan Jones of Kadrmas Lee & Jackson who expressed interest in being added to the City of Libby’s bid list for engineers, surveyors and planners.

A renewal contract for maintenance services for Gene Wise was presented to the building committee for review with a request for an increase in the contract amount.

Mayor Berget read Ordinance No. 1621 that is to modify the existing building code LMC 14.02.010. The second reading of the ordinance will be at the November 1, 2004 regular meeting.

Mike Giesey, President of CARD, addressed the Council regarding a request for funding for a feasibility study for an asbestos research facility to be created in the Libby area.

Wayne Haines spokesman for the Cabinet View Country Club addressed the council. Although Mr. Haines felt certain the grants would be awarded, he presented three alternatives to pay for a $1.54 million loan should the grant requests fail.

Mr. Huntsberger moved to accept the presentation and allow the CVCC to continue with the grant process.
Mr. Roll seconded.
Motion carried unanimously.

Mayor Berget introduced Phil Boger of TD&Y Engineering who presented an update on the Johnson Acres project. The initial bid process failed, as the bids on the project were $500,000 above the city budget. The bid process will begin again with a pre-bid meeting scheduled for November 3, 2004. Notice to award the bid is scheduled for December 7, 2004. The beginning date for the project will be April 4, 2005.

COMMITTEE REPORTS PARKS  – Mr. Huntsberger said Riverfront Park is in the process of receiving an asbestos clearance tag.

 

CITY COUNCIL LIAISON  – Commissioner Windom stated construction on the traffic light at Mahoney Road and Highway 2 would begin soon.  The progress on the airport is good.

FIRE  – Mr. Roll presented the fire report for the month and stated it had been a quiet month.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – None.

PERSONNEL  – The new police officer Brandon Littrell was mentioned.

POLICE  – Police Chief Coker reported the police department was at full staff.

RESOLUTION/ORDINANCE  – Reading of Ordinance 1621 occurred at this meeting.

WATER  – Mr. Bothman said John Ague wanted clarification of variance on property lines from the water committee.

SEWER/LIGHTS  -Mr. Thede said a minor sewer extension was constructed from Dakota to Larch.

STREETS/ALLEYS  – None.

SIDEWALKS/CURBS  – Mr. Bothman said there has been some new interest in the sidewalk project. The VFW replaced a 10’ section in front of their building.

BUDGET/FINANCE  – None.

JUDICIAL  – Marlene Herried was temporarily replacing Lucille Briggs this week.

UNION NEGOTIATIONS  – None.

RC & D  – Mr. Bothman said LRI planned to move forward on the streetscape plan for Mineral Avenue.

KRDC  – None.

LADC  – None.

CAG  – None.

TAG  – None.

BOARD OF ADJUSTMENTS  – Due to a conflicting meeting, Mr. Roll did not attend.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Mayor Berget read a petition he received requesting dissolution of the relationship with the LADC.

Mr. Roll moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded.
Motion carried unanimously.

HEAR THE PUBLIC

Commissioner Windom reported she had attended the Montana Association of Counties Conference. The Montana Economic Development Association gave a glowing report on Libby. She also said that Commissioner Betty Lund of Hamilton spoke in depth about the success of the research center in their community. She stated that the center has created jobs, increased revenue and has relocated several professional groups of people to the area.

Next regular city council meeting will be held November 1, 2004 at 7 p.m.

The meeting was adjourned at 8:17 pm.

Mayor, Anthony J. Berget

City Clerk, Chris A. Erickson

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD OCTOBER 25, 2004 AT 7:00 P.M. IN THE PONDEROSA ROOM AT CITY HALL

Mayor Berget called the meeting to order at 7:15 p.m. and led the pledge of allegiance.  Council President Leckrone, council members Bothman, Huntsberger, McElmurry, City Attorney Scott Spencer, and City Clerk Chris Erickson were present.

Council member Stu Crismore and City Services Supervisor Dan Thede were absent.

Mayor Berget presented an overview of the reason for the special meeting. Several groups were in attendance to formally request grants from the remaining balance of the economic development funds. These groups also wanted to discuss the difficulties they have encountered in having their requests brought before the City Council.

Bob Parker, President of LADC spoke regarding the CARD requests for loans and/or grants.

CARD – President Mike Giesey gave an overview of the CARD requests presented to the LADC. As CARD was not finding resolution with the LADC, Mr. Giesey asked for permission to bypass the LADC and bring the request directly to the City Council.

Mr. Roll moved to consider the CARD proposal for vote at the November 1, 2004 regular City Council meeting.
Mr. Bothman seconded the motion.
A discussion ensued with comments from the public.
Motion carried with Mr. Huntsberger in opposition.

RON CARTER – Mr. Carter, local carpenter and biomass researcher, gave an overview to the audience of his biomass/co-generation proposal stating another party had plagiarized and presented his proposal to the U.S.F.S. for consideration.

AQUATIC CENTER – A proposal for the Aquatic Center will be presented to the Libby Area Chamber of Commerce on October 27, 2004. The formal proposal will be brought before the City Council on November 1, 2004.

VFW – Hal Cole, spokesperson for the VFW, gave a presentation of the involvement the VFW has with the local community. The VFW building is in dire need of repair. They have no excess money with which to match funds. They are requesting a grant of $250,000 to refurbish the building not only for the VFW to use but for the community to utilize as well.

No motion was presented to consider the request.

Mayor Berget stated that in the future any proposal not funded by the LADC could bypass the LADC and be brought directly to the City Council.  He wanted to emphasize his appreciation to the LADC for the effort and dedication the volunteers had shown the community. A discussion followed regarding the participation of the LADC.

Mr. Roll moved to discontinue the use of responsibility for the LADC and move the responsibility to the City of Libby.
Mr. Bothman seconded the motion.
Motion carried with Mr. Huntsberger in opposition.

Meeting was adjourned at 9:05 p.m.

Mayor Anthony J. Berget

City Clerk Chris Erickson

November 1, 2004 | Regular Meeting

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THE 1237th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON NOVEMBER 1, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:03 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, and City Clerk Chris Erickson were present.  Council member Huntsberger was absent.

Mr. Roll moved to accept the minutes as presented from the October 4, 2004 regular.
Ms. Leckrone seconded.
Motion carried unanimously.

Mr. Roll moved to accept the minutes as presented from the October 25, 2004 special meeting.
Ms. Leckrone seconded.
Motion carried unanimously.

 

UNFINISHED BUSINESS

Ordinance No.1621 that modifies the existing building code LMC 14.02.010 was read for the second time.

Mr. Bothman moved to accept Ordinance No. 1621 as read.
Mr. Roll seconded.
Motion carried unanimously.

The contract renewal for Gene Wise was tabled until the regular meeting in December.

NEW BUSINESS

The CARD clinic came before the Council for a decision to be made on their request for a $250,000 grant to develop a research center.

Mr. Roll moved to grant CARD $250,000 for the development of a research center and related services with the agreement, which will be determined at a later date, that CARD will award a $5,000 annual scholarship to a recipient in the health care field or make a $5,000 annual payment to the Libby economic development fund.
Mr. McElmurry seconded.
Motion carried unanimously. Mr. Crismore abstained.

Richard Wood, representative for the Libby Area Chamber of Commerce, presented a grant request to fund signage, exterior façade, and office rehabilitation at the Chamber location.  This request was tabled until the November 15th special meeting.

The Libby Aquatic Center returned with a revised grant request for $15,000. The group is hopeful to be able to get a mail ballot out in Spring 2005. The decision will be tabled until the November 15th special meeting.

Mayor Berget announced the upcoming pre-bid meeting scheduled on November 3rd for the Johnston Acres project.

Libby Revitalization Inc. has scheduled an open meeting on Monday, November 15th at 7:30 p.m. in City Hall’s Ponderosa Room to discuss Community Clean-up and Ordinances.

Mayor Berget presented a proposal for a web camera to be installed on Mineral Avenue that could be accessible via a website from any internet connection. The proposal was turned over to the Police Committee members for a decision.

Montana Fish, Wildlife and Parks is accepting applications for Outdoor Recreation Grants. Mayor Berget gave the information to the Parks Committee for completion.

COMMITTEE REPORTS

PARKS  – The grant application from Montana Fish, Game and Wildlife was presented

CITY COUNCIL LIAISON  – None.

FIRE  – Tom Wood gave the fire report. Fire Prevention Week was successful.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – None.

PERSONNEL  – Ms. Leckrone reported that the application process for the Waste Water Plant Treatment Operator closes on November 5th.

POLICE  – Mayor Berget met with Chief of Police Clay Coker regarding the increasing concerns of the downtown merchants regarding crime and vandalism.

RESOLUTION/ORDINANCE  – The Council will discuss concerns at the Libby Revitalization meeting.

WATER  – Anna Miller is working with Dan Thede on finance issues to lower the interest rates for the new project.

SEWER/LIGHTS  – Four new lights will be constructed in the Ponderosa Room parking lot.

STREETS/ALLEYS  – Dan Thede reported potholes around town are being filled. The street department is working on getting equipment ready for the winter season.

SIDEWALKS/CURBS  – Mr. Bothman reported they replaced a portion of the sidewalk in front of the phone company. Next spring the sidewalk on the corner of Mineral Avenue and 4th Street will be replaced.

BUDGET/FINANCE  – None.

JUDICIAL  – Judge Briggs spoke with Mayor Berget on the increasing workload she continues to place on her part-time clerical help.

UNION NEGOTIATIONS  – None.

RC & D  – None.

KRDC  – None.

LADC  – None.

CAG  – None.

TAGv None.

BOARD OF ADJUSTMENTS  – None.

EDUCATION  – None.

PUBLIC SAFETY/TRAFFIC COORDINATOR  – None.

Ms. Leckrone moved to approve payment of the claims as per the claims approval list.
Mr. McElmurry seconded.
Motion carried unanimously.

HEAR THE PUBLIC

Richard Wood thanked the City Council for their diligent work on the issues at hand.

Quentin Maynard thanked the City Council for their support of the CARD project.

A City Council working committee meeting was set for Monday, November 8th at 7:00 p.m. at City Hall. No action will be taken. The meeting will be open to the public.

A City Council special meeting was set for Monday, November 15th at 6:00 p.m.

The meeting was adjourned at 8:12 pm.

Mayor, Anthony J. Berget

City Clerk, Chris A. Erickson

NOTE: Ordinance 1621 should read 1630. Corrected in minutes.

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD NOVEMBER 15, 2004 AT 6:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Berget called the meeting to order at 6:10 p.m. and led the pledge of allegiance.  Council President Leckrone, council members Crismore Roll, Bothman, Roll, McElmurry, City Attorney Scott Spencer, and City Clerk Chris Erickson were present.

Council member Huntsberger and City Services Supervisor Dan Thede were absent.

LIBBY AREA CHAMBER OF COMMERCE – The grant request from the Libby Area Chamber of Commerce for $144,734 was briefly discussed. Questions regarding application for grants from other sources and the specific areas scheduled for improvements were answered.
Mr. Roll moved to accept the grant request as presented.
Mr. Crismore seconded the motion.
Motion carried unanimously.

 

LIBBY AQUATIC CENTER – The Libby Aquatic Center is requesting a grant in the amount of $15,000 to begin the process of constructing a community swimming pool. The $15,000 was initially requested for election costs to put the proposal on a mail-in ballot in the spring of 2005. In further discussions with the County, it was realized that $15,000 would not be enough for the election costs. Therefore, the $15,000 grant request has been revised to cover the costs for a design plan for the pool. Discussion ensued regarding the prior design plans already on the

Meeting was adjourned at 9:05 p.m.

Mayor Anthony J. Berget

City Clerk Chris Erickson

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A SPECIAL MEETING OF THE CITY COUNCIL WAS HELD NOVEMBER 17, 2004 AT 7:00 A.M. AT HENRY’S CAFE

Mayor Berget called the special breakfast meeting to order at 7:00 a.m. and led the pledge of allegiance. Council President Leckrone and council members Roll, Bothman, Huntsberger, McElmurry, and Crismore were present.

The Libby Area Chamber of Commerce requested permission to close Mineral Avenue on the evening of Friday, December 3, 2004 to conduct the annual Christmas Parade. They would like the street closed to all traffic from 1st Street through 8th Street from 6:30 p.m. until the parade is finished.
Mr. Crismore moved to close Mineral Avenue to traffic on December 3rd as requested.
Mr. Roll seconded the motion.
Motion carried unanimously.

There was no public comment.

Meeting was adjourned at 8:00 a.m.

Mayor Anthony J. Berget

Acting City Clerk Charlene Leckrone

December 6, 2004 | Regular Meeting

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THE 1238th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON DECEMBER 6, 2004 AT 7:00 PM IN THE COUNCIL CHAMBERS

Mayor Berget called the regular meeting to order at 7:10 p.m. and led the Pledge of Allegiance. Roll was called. Council members Bothman, Crismore, Huntsberger, Leckrone, McElmurry and Roll, City Attorney Scott Spencer, Supervisor of City Services Dan Thede, and Deputy City Clerk Beth Burrell were present. City Clerk Chris Erickson was present at 8:15 p.m.

Ms. Leckrone moved to accept the minutes as presented from the November 1, 2004 regular meeting, November 15, 2004 special meeting and the November 17, 2004 special meeting.
Mr. Boothman seconded.
Motion carried unanimously.

UNFINISHED BUSINESS

Web camera purchase/rental proposal from MontanaSkyNet was tabled until the next regular meeting due to the fact Mr. Crismore could get no response to his phone calls. He will continue to try to make contact for more information.

No action was taken on the Montana Department of Fish, Wildlife & Park Grant.

The City of Libby made an annual loan payment of $58,134.61 to the Economic Development Fund for domestic water and sewer bond repayment.

NEW BUSINESS

Bill Boger, representative from Thomas Dean and Hoskins Engineering, presented the bids on the Johnston Acres project and asked for awarding of the bid to Noble Excavating. Due to a slight budget shortfall, the City of Libby plans to apply for a low interest intercap loan through the State of Montana to fund the balance of the project.

Mr. Roll moved to award the contract to Noble Excavating.
Mr. McElmurry seconded.
Motion passed with Mr.Crismore and Mr. Bothman opposed.

The grant application for security systems for municipal water supplies was directed to the Water Committee.

The presentation on the employee dental, vision and flex plan was canceled due to the illness of Mr. Swimley.

The Lincoln County Port Authority requested a grant of $800,000 from the Economic Development Fund. James Mayo, representative for the Lincoln County Port Authority, gave a presentation outlining how the Port Authority plans to utilize the funding request.

Mr. Bothman moved to grant $300,000 of economic development funds to the Port Authority.
Mr. Huntsberger seconded the motion.
Motion passed.

Terry Anderson, spokesperson for the VFW, presented a monthly accounting of expenses incurred by the VFW. The current balance of their loan is $361,000 with a monthly payment amount of $2,366. They are able to make $1,200 of the monthly amount. The VFW requested $145,000 from the economic development fund to assist in the payoff of the loan. Mr. Bothman suggested that the payments from the CARD loan that the City will receive could go to the VFW on a monthly basis in conjunction with $10,000 granted from the economic development funds to assist in their debt.

Mr. Huntsberger moved to table the item until a special meeting on December 13, 2004.
Mr. Roll seconded the motion.
Motion passed.

Aitken’s Qwik Stop applied for a transfer of the beer license for their new facility.

Mr. Roll moved to approve the application.
Mr. Bothman seconded the motion.
Motion passed.

There were no objections to the request from Kootenai Surveyors for a minor subdivision for Jim Regh. A letter of approval will be forwarded to Kootenai Surveyors.

The City of Libby liquor licenses renewals for 2005 were presented.

Mr. Huntsberger moved to approve the liquor license renewals for 2005.
Mr. Roll seconded the motion.
Motion passed.
COMMITTEE REPORTS

PARKS  – Mr. Huntsberger said Dave Blackburn would like to move his operation to the River Front Park. This will be reviewed and a plan put into motion.

CITY COUNCIL LIAISON  – Mr. Crismore reported there would be an open house at the County animal shelter facility on December 14th from 11:00 to 4:00. Ms. Leckrone asked about the weed abatement program. Mr. Crismore stated the ordinance needed to be enforced. Ms. Windom suggested contacting Danny Williams at the County.

FIRE  – Mr. Roll gave the monthly report.

BUILDING/INDUSTRIAL PARK  – None.

INSURANCE  – Robin Swimley was unable to attend the meeting to discuss the current insurance plans due to illness.

PERSONNEL  – Ms. Leckrone stated the committee needed to schedule a meeting in the near future.

POLICE  – Mr. Crismore said he has been trying to contact MontanaSkyNet regarding the WebCam but has had no success.

RESOLUTION/ORDINANCE  – Dan Thede reported he should be receiving information on the impact fees by the end of the week.

WATER  – None.

SEWER/LIGHTS  – Gary Huntsberger reported there was a sewer problem at Don K Motors. There are some flickering streetlights that need to be reported to the police department. They will get a hold of John Desch for repair.

STREETS/ALLEYS  -None.

SIDEWALKS/CURBS  – None.

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  – Mr. Crismore reported he was working on identifying the streets that are in need of stop signs.

Mr. McElmurry moved to approve payment of the claims as per the claims approval list.
Mr. Huntsberger seconded.
Motion passed.
HEAR THE PUBLIC

A spokesperson for the VFW apologized to the Council for the attitudes of some of the members toward the City Council during the meeting this date.

A special City Council meeting was set for Monday, December 13th at 7:00 p.m.

The meeting was adjourned at 8:55 pm.

Mayor, Anthony J. Berget

City Clerk, Chris A. Erickson