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
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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.
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
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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,
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
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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
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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
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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