Regular Meeting: May 2004

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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