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
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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
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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