Minutes Archive

 

2017 Minutes

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January 3, 2017 | 1461st Regular Meeting
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January 17, 2017 | 1462nd Regular Meeting
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January 30, 2017 | City Planning Board
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February 6, 2017 | 1463rd Meeting Minutes
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February 21, 2017 | 1464th Regular Meeting
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March 6, 2017 | 1465th Regular Meeting
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March 20, 2017 | 1466th Regular Meeting
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March 25, 2017 | Special Meeting (Council Appointment)
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March 27, 2017 | Special Meeting (MACI Grant)
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April 3, 2017 | 1467th Regular Meeting
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April 17, 2017 | 1468th Regular Meeting
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April 25, 2017 | Special Meeting (Council Appointment)
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May 1, 2017 | 1469th Regular Meeting
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May 5, 2017 | May 30,2017 special meeting to appoint council person
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May 15, 2017 | 1470th Regular Meeting
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June 6, 2017 | June 5,2017 regular council meeting # 1471
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June 19, 2017 | 1472 Regular Meeting
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July 5, 2017 | 1473 Regular Meeting
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July 17, 2017 | 1474 Regular Meeting
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August 7, 2017 | 1475 Regular Meeting

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APPROVED
The 1475th Regular Meeting of the City Council was held on Monday, August 7 2017 in the Council Chambers at City Hall.

Call to Order:
The meeting was called to order at 7:00 pm by Mayor Brent Teske.
Present were Mrs. Williams, Mr. Zimmerman, Mr. Beach, Mr. Armstrong , Mrs. Ford, City Clerk/Treasurer Audray McCollum and City Attorney Dean Chisholm. City Administrator Jim Hammons and council person Kristin Smith were absent.
Mr. Zimmerman MADE A MOTION to approve the minutes from the regular meeting 1474 held on July 17, 2017.
Mrs. Ford SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
MOTION PASSED.
Announcements:
Mayor Teske said the City of Libby is under stage 2 fire restrictions. Hand outs available at the front desk define the current restrictions.
Committee Reports:
Cemetery/Parks: Mrs. Williams asked if the sprinklers were working at the Riverfront Park because the lawn was brown. Mayor Teske said the sprinklers were turned off for some construction, but they are back on now.
Fire: Mr. Zimmerman reported there were 17 calls for the month of July, 2 in the city, 10 rural and 5 outside of the city. The fire department is still waiting to hear on a grant to replace turn out gear. The fire department will be flushing hydrants the week of the 7th.
Police: Chief Kessel reported there were 265 calls for service in the month of July, 30 citations and 18 arrests. All officers have completed taser training and are certified.
Resolutions/Ordinances: Mrs. Williams reported the committee met last Thursday to discuss cemetery regulations. Members of the public present at the meeting wanted to discuss the bred specific ordinance so public comments were taken on breed specific ordinance.
Lights/Streets/Sidewalks: Mr. Beach stated the city streets should be paved by the end of this week. Filling in potholes and patchwork will follow in the next few weeks.
Building: None.
Water/Sewer: Mr. Zimmerman stated the committee had met and discussed the decline in sewer revenues; they are looking at different options to resolve the issue. The committee also discussed different options with the current 9.40 monthly water credit. Mr. Zimmerman will be meeting with Jim Hammons about possibly connecting the Port authority to city sewer lines.
Personnel: None.
Budget: Mrs. Williams reported the preliminary budget to date was in council packets, there will be a committee meeting Friday at noon. Williams urged council to look over the budget and ask questions. There will be a special council meeting Monday August 14 at 7 pm to adopt the preliminary budget followed by a public hearing August 28 at 7pm and final budget adoption on September 5.
Finance: None.
City Administrator: Copy in packets.
KRDC: Mr. Zimmerman stated there will be a meeting next Thursday.
City County Health Board: None.
Public Comment on Non- Agenda Items:
Bill Cunnane, 62 Michigan Ave, expressed concerns over water coming out of a conduit box at the splash pad. Mr. Cunnane asked what the difference was between the purposed medical marijuana conditional permit and a city business license and if there would be a fee. Based on what he has read, there was no difference and it would be illegal for the city to issue any conditional permits for medical marijuana dispensaries.
Mayor Teske asked Mr. Cunnane to direct his questions to Kristin Smith. The time to work out questions and concerns is now while the ordinance is in the draft stage.
DC Orr, 1117 Nevada, said the city is in good hands, he asked the city clerk to forward his letter to all the city council members. The council is inexperienced which has caused some mistakes, but the council is not dishonest. The council is trying hard and doing well. Mr. Orr asked that any legal decisions against past or present council be made public.
Allen Olsen, 3369 Hwy2, said the trees at Riverfront Park looked bad and asked the tree board to do their job, also, the drains are full of lawn clippings.
New Business:
Street closure request and noise variance from the VFW, Friday August 18th from 5pm to Saturday August 19 at 2am on 2nd street for a street dance:
Jule Mason from the VFW # 1548 asked council for the street closure and noise variance.
Mr. Beach MADE A MOTION approving the request.
Mr. Armstrong SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
MOTION PASSED.
Julie Mason asked if the VFW or the city was responsible for sidewalk repairs in front of the VFW. Mayor Teske will speak to Jim Hammons and let her know.
Street closure request from the Kootenai country Montana, September 14 from 5pm to September 17 at 3 pm on Mineral Ave from Third Street to the turnaround near BNSF for the Kootenai Country Chainsaw Carving Championship:
Bob Henline gave council a background of the event and asked council for the closure. Mr. Zimmerman asked if any businesses had an issue with the requested street closure. Mr. Henline had not spoken with any business owners yet.
Mrs. Williams MADE A MOTION to accept the street closure request.
Mrs. Ford SECOND.
Mr. Zimmerman expressed concern about downtown business that might be affected with the street closure during business hours.
DC Orr, 1117 Nevada, suggested that the motion be amended to give conditional approval, contingent on notifying business that would be affected.
Mrs. Williams AMMENDED THE MOTION to give conditional approval, contingent on notifying businesses and that 1st street must remain open to allow access to Amtrak.
Mrs. Ford SECOND.
Mr. Zimmerman stated which businesses needed to be notified.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
MOTION PASSED.
Approve bid for gasoline and diesel for FY-18:
The City of Libby received one bid for FY-18
Mrs. Williams MADE A MOTION to accept the bid from Moore oil for gas and diesel for FY-18.
Mr. Beach SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
Approve bid for propane for FY-18:
The City of Libby received one bid for FY-18
Mr. Zimmerman MADE A MOTION to accept the bid from City Service Valcon for FY-18.
Mr. Armstrong SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
Approve new business license received to date:
1. Libby Area Business association.
2. Crystal Clean.
3. Cindy’s Cleaning.
4. Scooby’s Drop-in child Care Center.
Mrs. Ford MADE A MOTION to approve all new business licenses received to date.
Mr. Armstrong Second.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
Approval of Renewal Business Licenses received to date:
Mr. Beach MADE A MOTION to accept all renewal business licenses received to date.
Mr. Armstrong SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent
Approval of claims for July 2017:
Mrs. Williams MADE A MOTION to accept claims for July 2017.
Mrs. Ford SECOND.
Williams, Zimmerman, Beach, Armstrong, and Ford voted for.
Mrs. Smith was absent.
Unfinished Business:
Purchase of property on City Service road:
NO ACTION WAS TAKEN.
Council Rules and Procedures:
Mayor Teske gave council a draft of the updated Council Rules and Procedures. Mrs. Williams gave council Missoula’s procedure for filling a vacancy of an elected office. Mrs. Williams suggested making a policy for filling council vacancy. Council read though and made changes to the last two chapters of the council rules and procedure draft. City Attorney Dean Chisholm will review changes and provide draft for filling council vacancy.
NO ACTION WAS TAKEN

General comments from the council:
Mrs. Williams urged council to look at the budget and ask questions. Mayor Teske agreed and urged council to attend the budget committee meeting.
Adjournment:
Mrs. Williams MADE A MOTION to adjourn the meeting.
Mr. Zimmerman SECOND.
Williams, Zimmerman, Beach, Armstrong and Ford voted FOR.
Mrs. Smith was absent.
MOTION PASSED.
Meeting was ADJOURNED at 7:47 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum, City Clerk-Treasurer

August 14, 2017 | FY 18 Preliminary Budget
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August 21, 2017 | Meeting 1476
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August 28, 2017 | Public Hearing for FY 18
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September 6, 2017 | 1477 Regular Meeting
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September 18, 2017 | Regular Meeting # 1478
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October 2, 2017 | Regular Meeting 1479

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APPROVED
The 1479th Regular Meeting of the City Council was held on Monday, October 2, 2017 in the Council Chambers at City Hall.

Call to Order:
The meeting was called to order at 7:02 pm by Mayor Brent Teske.
Present were Mrs. Williams, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford , City Administrator Jim Hammons , City Clerk Audray McCollum and City Attorney Dean Chisholm.
Prayer was offered by Phillip Coblentz.
Mrs. Ford MADE A MOTION to approve the minutes from council meeting # 1478 held on September 18, 2017.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Announcements:
Mayor Teske announced John Underwood, an Olympic trainer and founder of The Life of an Athlete Human Performance Project, will be presenting a seminar on how to keep area youth alcohol and drug free October 3rd at 7 pm in the Maki Theater.
Mr. Zimmerman stated he purchased a house at 1203 Nevada Ave.
Committee Reports:
Cemetery/Parks: Mrs. Williams stated there will be a meeting October 3 at noon. The committee will discuss projects that may need addressed before winter.
Fire: Mr. Zimmerman reported there were 14 calls for service in September 3 in the city, 5 rural and 6 out of district. The new turn out gear has been ordered.
Police: Chief Kessel reported there were 229 calls for service in September, 21 citations and 27 arrests. Chief Kessel thanked the council for additional training funds. In September all officers took an online training course for 21 hours of certified state training on sexual assault investigations. Kessel and Short also took the course on a leadership level. In October a couple of officers will be attending drug enforcement training and one officer will attend interview school. The officers will continue different post credited online courses throughout the year.
Resolutions/Ordinances: Ms. Smith will be calling a meeting in the next few weeks.
Lights/Streets/Sidewalks: Mr. Beach stated the city received the replacement Volvo loader. Mr. Hammons said the sidewalk repair on Mineral Ave. totaled $2300.00.
Building: Mr. Beach stated the city crews were checking all city roofs, clearing drains and rain gutters.
Mayor Teske received a letter from the State of Montana stating they may be reviewing the lease agreement for the Department of Revenue office space.
Water/Sewer: Mr. Zimmerman stated there will be a meeting October 4 at noon to discuss water and sewer rates.
Personnel: None.
Budget: None.
Finance: August balance sheet in council packets.
City Administrator: In council packets. Mr. Hammons stated the city will be placing some used equipment up for sealed bid.
KRDC: Mr. Zimmerman said the committee talked about the Way Finding Signs and grant funding. The next meeting will be October 19.
City County Health Board: Lyn Thompson, city representative on the City- County Board of Health, gave council an update from the July and September meetings. Mrs. Thompson said the agendas and minutes were posted on the county website. The board has been working on program reports, passed a rabies control – prevention policy and animal control regulation policy.
In the environment scope, the board has passed a catering regulation, drafted a solid waste regulation and passed a junk trailer regulation.
Air quality and the wild fires were discussed at the September meeting.
The board is working on the cooperative agreement and grant application between Lincoln County and the EPA.

Public Health will be gearing up for flu season.
There is an institutional control steering committee that is learning about the operation and management transition of the EPA. The board is considering hiring a consulting firm to help with the transition.
The board has formed an advisory team for Senate bill 315. The team is made up of the DEQ director, Lincoln County Commissioner Mark Peck, Libby citizen George Jameson, Senate and House of Representative members from our district.

The board has updated how to handle public comments. The next meeting will be October 11 in the Commissioners Chambers.
Mayor Teske asked Mrs. Thompson to follow up with policy changes to the dust control regulation.

Public Comment on Non- Agenda Items:
Bill Cunnane, 622 Michigan Ave, thanked the city for mowing the lot next to his. Mr. Cunnane said Joshua Black and Joseph Miller both from Libby, will be traveling to Washington DC and representing Montana at Awaking the Dawn.
Shane Campbell asked Mr. Beach if he had contacted Scott Curry about the collapsed wall at the old high school. Mr. Beach said he had not made contact yet.

New Business:
Settlement Agreement between the Montana Commissioner of Political Practices and the City of Libby Montana:
Jeffrey Mangan, The Commissioner of Political Practices, and Attorney James Brown from James Brown Law Office representing Doug Roll Bill Bischoff, Vicky Lawrence, Robin Benson, Peggy Williams and Barb Desch were present by speaker phones.

Brian Zimmerman MADE A MOTION to accept the settlement agreement with the Montana Commissioner of Political Practices.
Mrs. Ford SECOND.

City Attorney Dean Chisholm gave background and explained the purposed settlement agreement for (Magill v. Reintsma COPP-2014-CFP-037). The city would host a week-long democracy week in June for the next four years. In return the office of political practice would not prosecute the case any further. Mr. Chisholm stated he was only representing The City of Libby and this was a way to turn a difficult period into a positive outcome.
Commissioner Mangan said City Attorney Dean Chisholm did a good job explaining the agreement.

Council question and discussion followed.
Ms. Smith said she appreciates the settlement that was reached and every municipality should have a transparency in democracy week.

Council questions and discussion followed.

Mrs. Williams requested that Attorney Browns letter be entered into public record.
Mrs. Williams stated she did not agree with the findings.

Council questions and discussion followed.

Mayor Teske stated council had ample time to research any findings.

Public Comment:
Arlen Magill, 807 Wisconsin, stated council had plenty of time to research his complaint. Magill asked how many council members contacted Attorney Brown. Magill said council needs to help get the city out of this obligation. The recommendation was made by former political practices commissioner Jonathan Molt. Magill was discouraged that 3 council members said they were uncomfortable with parts of the recommendation. Mr. Magill said council should have done their research and asked questions before this council meeting.

Ms. Smith said the point of the forum was to have an open discussion in front of the public to ask questions and to have open dialogue.

Arlene Magill said this was a waste of everybody’s time.

Allen Olsen, 33692 Hwy 2, was in favor of the city being released. The people named in the suit should be held accountable or they will never change. Olsen said release the city but hold the 7 accountable, they have had many opportunities to clear this up.

Zimmerman, Smith, Beach, Armstrong, Ford voted FOR.
Williams ABSTAINED.
MOTION PASSED.

Jeffrey Mangan, The Commissioner of Political Practices and Attorney James Brown left the meeting.
Resolution 1909-Settle agreement between the Montana Commissioner of Political Practices and the City of Libby, Montana:
Mr. Zimmerman MADE A MOTION to accept resolution 1909.
Mrs. Ford SECOND.

Public Comment:
Bill Cunnane, 622 Michigan Ave, asked would candidates filing for city offices also be included in this resolution.
Mayor Teske said that was a policy issue.
Bill Cunnane replied this would give more trust to the public.

Zimmerman, Smith, Beach, Armstrong, Ford voted FOR.
Williams ABSTAINED.
MOTION PASSED.

Approve new business license received to date.
• Rositas Express-820 Main St-Mexican food.
• Caulbay Construction LLC-95 Cedar Creek Rd-Construction, windows, doors, siding.
• Sindy Filler-336 Boulder Lane-Mediation, translation and bilingual notary services.
Mrs. Ford MADE A MOTION to approve the new business license received to date.
Mr. Armstrong SECOND.

Ms. Smith said she was excited to see so many new business licenses for the City of Libby. This is a good sign for the community.

Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approval of claims for September 2017:
Mr. Zimmerman MADE A MOTION to accept all claims for September2017.
Mr. Beach SECOND.

Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:

Council Rules and Procedures:
NO ACTION WAS TAKEN

General comments from the council:
None

Adjournment:
Mr. Armstrong MADE A MOTION to adjourn the meeting.
Mrs. Ford SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Meeting was ADJOURNED at 7:54 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer

October 16, 2017 | 1480 Regular Meeting

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APPROVED
The 1480 Regular Meeting of the City Council was held on Monday, October 16, 2017 in the Council Chambers at City Hall.

Call to Order:
The meeting was called to order at 7:00 pm by Mayor Brent Teske.
Present were Mrs. Williams, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford and City Clerk/Treasurer Audray McCollum. City Administrator Jim Hammons and City Attorney Dean Chisholm were absent.
Prayer was offered by Bill Cunnane.
Mr. Zimmerman MADE A MOTION to approve the minutes from council meeting # 1479 held on October 2, 2017.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Announcements:
None
Committee Reports:
Cemetery/Parks: None
Fire: None
Police: None
Resolutions/Ordinances: Ms. Smith will be calling a meeting October 17 at 6:30. Dog rules will be on the agenda.
Lights/Streets/Sidewalks: None.
Building: Mr. Beach will be calling a meeting to discuss Ponderosa room fees.

Water/Sewer: None.
Personnel: None.
Budget: None.
Finance: None.
City Administrator: None.
KRDC: Mr. Zimmerman said the next meeting will be October 19 from 11:30 to 1.
City County Health Board: None.
Public Comment on Non- Agenda Items:
D.C. Orr, 1117 Nevada, thanked council for the action they took at the last meeting. Mr. Orr stated council needs to pay attention to what was happening at the City County Health Board. Mr. Orr gave council his background knowledge of the health board. Mr. Orr asked to be put on the next agenda to explain what is at risk and how the health board is violating Montana law.
Shane Campbell,621 Utah, expressed his concerns with a member of the city council. Ms. Smith called point of order. Mayor Teske said he did not know whom Mr. Campbell was speaking of.
Jacklyn Gambell,318 East 8th Street, asked to speak to Mayor Teske in private.

New Business:
Bruce Vincent-President of Environomics:
Mr. Vincent gave council a handout and updated council on the Montanore and Rock Creek mines. Mr. Vincent asked the Libby City Council to send a letter to the federal delegation to ensure the promises that were made to our area are kept.
Mayor Teske asked council if there was any opposition to writing the letter.
Council was in favor.

Mr. Vincent invited council to attend the Chamber of Commerce awards dinner in January, Mayor Teske has been nominated for a community leadership award.
Council questions and discussion followed.

Approve new business license received to date.
• James Wiederhold-19 Scotts Stroll Rd- Building and Grounds Maintenance.
• Kootenai Clean Air-63 Robins Drive- Air Duct Cleaning and Gutter Cleaning.
Mrs. Ford MADE A MOTION to approve the new business license received to date.
Mr. Armstrong SECOND.

Ms. Smith stated the council had approved 60 new business licenses to date, with around 24 of those located within city limits.

Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approval of renewal business licenses received to date:
Mrs. Ford Made A MOTION to accept all renewal business licenses received to date.
Ms. Smith SECOND.

Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:

Council Rules and Procedures:
Council questions and discussion followed.
NO ACTION WAS TAKEN

General comments from the council:
Mayor Teske presented council with a drafted letter to Mike Tooley, director of the Montana Department of Transportation, stating the City of Libby’s dissatisfaction with the Balsam street sidewalk project. Mayor Teske asked council to review the letter. Mr. Zimmerman said the letter was fantastic.
Mrs. Williams asked about the City of Libby purposed Face Book Page. Council questions and comments followed. Ms. Smith asked Ms. McCollum to get quotes on updating the city’s current website page.

Adjournment:
Mrs. Williams MADE A MOTION to adjourn the meeting.
Mrs. Ford SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Meeting was ADJOURNED at 8:33 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer

November 6, 2017 | 1481 Regular Meeting

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APPROVED
The 1481 Regular Meeting of the City Council was held on Monday, November 6, 2017 in the Council Chambers at City Hall.

Call to Order:
The meeting was called to order at 7:00 pm by Mayor Brent Teske.
Present were Ms. Williams, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford, Mr. Armstrong and City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons and City Attorney Dean Chisholm.
Prayer was offered by Tom Cole.
Mrs. Ford MADE a MOTION to approve the minutes from council meeting # 1480 held on October 16, 2017.
Mr. Zimmerman SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Announcements:
Mayor Teske announced the SK Finger joint burnt yesterday, leaving 18 employees unemployed. Mayor Teske urged the community to reach out to those in need. Mayor Teske invited the public to attend the National Christmas Tree Ceremony, November 14 at 9:30 am at the high school parking lot. The Veterans Service planned for this Saturday, (November 11) has been cancelled due to weather.

Committee Reports:
Cemetery/Parks: None

Fire: None

Police: Chief Kessel reported there were 246 calls for service in the month of October resulting in 24 arrests and 49 citations. Officers attended 5 hours of domestic violence training, one officer went to interview school and two officers attended a drug training school.

Resolutions/Ordinances: Ms. Smith said the committee met on October 17 with Chief Kessel and animal control. The committee is working on a recommendation in animal ordinances to bring to council.

Lights/Streets/Sidewalks: Mr. Beach said city crews traveled to Missoula to pick up winter mix for the roads.

Building: Mr. Beach said the city crews had cleared the roof drains before winter.

Water/Sewer: None.

Personnel: None.

Budget: Ms. Williams said the first quarter budget report was in council packets, she urged council to look over the report and ask questions.

Finance: September 2017 cash report in council packets.

City Administrator: Report in council packets, Jim Hammons announced the city crews will continue to pick up leaves though this Thursday.
KRDC: Mr. Zimmerman said there will be a meeting the third Thursday of this month.

City County Health Board: None.

Public Comment on Non- Agenda Items:
None.

New Business:
Reduce speed limit in school zone:
Craig Barringer, Libby Schools Superintendent, presented council with a map and letter for reducing the speed limit from 25 mph to 20 mph from the intersection of Renwood Drive and West Balsam Street though the Garden Road intersection. Ski Road from Education Way to Dale Street be set at 20 mph. For the lack of sidewalks, placing children at a huge risk when they are walking to school in the dark.
Mr. Beach said the city would have to do an engineering study to have the speed limit reduced according to MCA.
Chief Kessel asked the city’s attorney for his recommendation.
Ms. Smith would like Mike Frasier the city’s engineer recommendation.
ITEM WAS MOVED TO THE STREETS’ COMMITTEE.

School Road Closure Request: The National Christmas tree Ceremony- November 14, 2014 from 8:45 am to 9:15 am and then 10:00 am to 10:30 am Education Way from Libby Elementary School to Libby High School:
Craig Barringer, Libby Schools Superintendent, asked council for the closure so, students could walk safely from Libby Elementary School to Libby High School.
Ms. Smith MADE a MOTION to grant the request.
Mrs. Ford SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Request report on federal investigation of Allan Payne:
DC ORR, 1117 Nevada, stated the city council needs to start asking questions to the city liaison from the city county health board. Mr. Orr gave his background knowledge and time line to council about the EPA, Allan Payne and institutional controls. Mr. Orr said council was failing the people they are serving. Mr. Orr is willing to answer any questions that council may have.
Mayor Teske asked Mr. Orr what action request he was asking for. Mr. Orr is not asking for any action to be taken on this agenda item.
Mr. Orr would like council to ask the city liaison from the city county health board, EPA and DEQ questions about the investigation.
Ms. Smith called POINT OF ORDER and asked for comments from members of the Lincoln County Board of Health.
Jan Ivers, Chair Lincoln County Board of Health, stated the issue Mr. Orr spoke of, was currently under investigation and any information they had was available to the public.
Ms. Smith asked if Ms. Ivers knew what the investigation was about. Ms. Ivers said the investigation involved the past board and she did not know the details.
Nick Raines, Lincoln County asbestoses resource program manager, said there was an ongoing evaluation of a cooperative agreement and grant between the EPA and the past Board of Health.
Council questions and comments followed.
Mayor Teske asked if either Ms. Ivers or Mr. Raines thought Mrs. Thompson would have additional information. Ms. Ivers said all board members receive the same information. Ms. Ivers said their meetings are open to the public.
Mr. Raines said when the evaluation is done, it should be made available to the public.
Mr. Orr gave his rebuttal to council.
NO ACTION WAS TAKEN

Request withdrawing from institutional controls:
DC Orr gave council background on why the city should with draw from institutional controls. Mr. Orr would like the city to pull out until the investigation is finished. By staying in, the city is becoming part of the crime. This would send a clear message to the board of heath to clear up their act. Mr. Orr said if the City of Libby does this Troy and Eureka would follow. Mr. Orr expressed concerns about homeowners having to pay for future cleanup.
Council comments and questions followed.
Arlen Magill, 807 Wisconsin, said the EPA is using Libby as a case study. Arlen asked Mr. Raines what the cost would be to clean asbestos from a house. Mr. Raines stated he couldn’t answer that question, cost would vary.
Mr. Orr said council needs to fight for this.
Bill Cunnane, 622 Michigan, said he moved from Towns River, New Jersey, a superfund site and asked council to research how that city dealt with it.
DC. Orr asked council to get a consultation with a law firm.
NO ACTION WAS TAKEN.

Resolution 1910-A RESOLUTION OF THE CITY COUNCIL DECLARING CERTAIN CITY OF LIBBY PROPERTY AS SURPLUS AND AUTHORIZING TO SALE.
(1998 Ford F-700 Patch Unit/680 Case Backhoe/1974 ford L-900 Tandum axle Dump Truck/Volvo l-70 Front end Loader/1991 Ford F-250 shop truck/1975 Chevy C65Deice-dust control unit/1987 Ford F-700 dump truck/ 1988 Chevy 1-ton Utility truck/2006 Toro lawn mower.)
Ms. Smith MADE a MOTION to adopt resolution 1910.
Mr. Beach SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

City of Libby Website RE-Design Quote from Nate Condron.
Ms. Smith MADE a MOTION to contract with Nate Condron to update the website.
Mrs. Ford. SECOND.
Ms. McCollum asked council were the funds should come from.
Council discussion followed.
Ms. Smith WITHDREW THE MOTION.
ITEM WAS MOVED TO THE BUDGET COMMITTEE.

Direct deposit for employee paychecks from Black Mountain software.
Ms. McCollum told council the software would be $1000.00 to purchase and $100.00 a year to maintain the bank would charge $20.00 per month. The cost would be comparable to what the city is currently paying. Council asked Ms. McCollum to poll the employees and see how many would be interested. Council asked where the funds would come from.
ITEM WAS MOVED TO THE BUDGET COMMITTEE.

Approve new business license received to date.
• De La Rosa Construction.
Mrs. Ford MADE a MOTION to approve all new business license received to date.
Ms. Smith SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve renewal business license received to date.
Mrs. Ford MADE a MOTION to approve all renewal business license received to date.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve claims and payroll for October 2017.
Mrs. Ford MADE a MOTION to approve claims and payroll for October 2017.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:
• Council Rules and Procedures.
NO ACTION WAS TAKEN.

General comments from the council:
Ms. Smith was very sad to see another timber infrastructure gone. Mayor Teske said everyone feels the same. Bill Cunnane was thankful no one was hurt and thanked the fire fighters. Ms. Smith thanked all who served for Veteran’s day.

Adjournment:
Ms. Williams MADE a MOTION to adjourn the meeting.
Mrs. Ford SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Meeting was ADJOURNED at 8:29 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer

December 4, 2017 | 1483

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APPROVED
The 1483 Regular Meeting of the City Council was held on Monday, December 4, 2017 in the Council Chambers at City Hall.

Call to Order:
The meeting was called to order at 7:00 pm by Mayor Brent Teske.
Present were Mrs. Williams, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford, Mr. Armstrong, City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons and City Attorney Dean Chisholm.
Prayer was offered by Bill Cunnane.
Mrs. Ford MADE a MOTION to approve the minutes from council meeting # 1481 held on November 6, 2017.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Announcements:
None

Committee Reports:

Cemetery/Parks: None

Fire: None

Police: Chief Kessel reported there were 149 calls for service in the month of November resulting in 19 arrests and 23 citations. The department will start issuing the new parking citations they will be $50.00 up from$ 35.00. Officer’s online training was on sudden infant death syndrome.

Resolutions/Ordinances: Ms. Smith will call a meeting later this month.

Lights/Streets/Sidewalks: Mr. Beach said equipment has been modified for winter use.

Building: Mr. Beach will call a meeting next week to discuss rental agreements.

Water/Sewer: Mr. Zimmerman will have a meeting tomorrow at noon to discuss the 9.40 water credits.

Personnel: None.

Budget: Mrs. Williams stated the committee met and discussed funding for direct deposit and City of Libby website re-design. Those recommendations will be presented to council later in the agenda.

Finance: October 2017 cash report in council packets.

City Administrator: Report in council packets.
KRDC: Mr. Zimmerman said there was discussion about different types of grants. The next meeting will be the third Thursday of this month.

City County Board of Heath: Lyn Thompson updated council on the October and November meetings. Animal Control held a free spay and neuter clinic. Asbestoses resource council had an advisory committee meeting in September, they are still recruiting for the liaison position. A grant was awarded to the asbestoses resource program for 30 months of continued operations. The solid waste regulation and waste water fee schedules have been approved. The CCBH has delegated the health department to issue citations. A junk trailer citation is in draft form.
Public health has double the flu shot count over last year, approved 24/7 emergency contact policy, worked on a pregnancy guide for best beginnings, formed a mental health coalition and added e cigarettes to the indoor clean air coalition.
Board of Health has some new members Maggie Anderson from Troy and Sara Huddleston from Libby. Nick Raines has resigned as Asbestoses Resource Program Director and Noah Pyle will be his replacement.
The next meeting will be January 10, 2018 @ 6pm at the Lincoln County court house.
Council question followed.

Public Comment on Non- Agenda Items:
DC Orr, 1117 Nevada, asked council why they had not asked the health board representative about the alleged federal investigation. Mr. Orr expressed concerns with the upcoming settlement negotiations with International Paper, he asked if the city had an attorney. Mr. Orr said council hearts are in the right place, they were just inexperienced. Mr. Orr said the letter he received from Mrs. Ford’s attorney was a bogus way to exclude him from attending council meetings. Council then cancelled the last meeting incorrectly. Council needs to work on transparency.

New Business:
Mike Faser Fraser City Engineer-PER Updates:
Mike Faser Fraser gave council an update on PER’S for water and sewer with the intent to have the grants in place for the spring of 2018.
NO ACTION WAS TAKEN.

DNRC Water Planning Contract:
Mike Faser updated council on the planning contract.
Mr. Hammons said the city would be paid back once funds are received.
Ms. Smith MADE a MOTION to sign the contract with the DNRC for the renewable resource planning grant.
Mrs. Ford. SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Recommended Changes to Dog Regulations-Introduction (Ordinance Committee):
Ms. Smith presented council and the public with a hand out summarizing committee minutes, notes and recommended changes to the vicious dog ordinance.
Bill Cunnane, 62 Michigan Ave, thanked the committee for working with the county and state on the introductory ordinance. Mr. Cunnane would like council to consider adding liability insurance for pit bull owners to cover any possible medical cost from dog bites. Mr. Cunnane asked that all dogs be restricted at public events.
Jim Hammons called MMIA per Mayor Teske, MMIA said the city could possibly be sued over removing the vicious dog ordinance.
Ms. Smith said she also spoke with MMIA and it is no different than any other nuisance claim.
Chief Kessel said currently a vicious dog is not allowed in the city limits and he explained the legal process. The officer writes a ticket, it goes to city court, if the judge deems it vicious, the animal must be removed from city limits. Chief Kessel stated Lincoln County requires liability insurance and enclosures for dangerous animals.
Mayor Teske asked what happens to the animal between the time the ticket was issued, and the owner goes to court.
Chief Kessel said the animal will be quarantined if there was a bite, this was state law.
Mr. Armstrong asked Mr. Kessel how hard it was to determine the breed of a dog with all the different cross breeds.
Chief Kessel stated this was difficult because of how the current ordinance is written.
Donna Shkursky, 151 Vicks Dr., said this current ordinance was a discrimination law towards pit bulls. She said this will keep tourist from coming to Libby. Ms. Shkursky said the community cannot afford the added cost to insure these animals. She has worked with all kinds of different breeds and pit bulls are not bad.
Ms. Smith said any dog that is not your dog can be threating.
NO ACTION WAS TAKEN. ITEM WAS MOVED BACK TO THE ORDINCE COMMITTEE.

COUNCIL COMMITTEE ASSIGNMENTS:
Council comments and discussion followed.
Council committee assignments will be.
• Budget/finance Peggy Williams/Kristin Smith/Angel Ford
• Building Gary Beach/Brian Zimmerman/Angel Ford
• Cemetery/Parks Peggy Williams/Gary Armstrong/Kristin Smith
• City County Heath Board Lyn Thompson
• Fire Gary Armstrong/Brian Zimmerman/Angel Ford
• Judicial Appoint as needed
• KRDC Brian Zimmerman
• Lights/Streets/Sidewalks Gary Beach/Brian Zimmerman/Kristin Smith
• Personnel (Union contract issues) Brian Zimmerman/Gary Armstrong/Angel Ford
• Resolution/Ordinance Kristin Smith/Gary Armstrong/Peggy Williams
• Water/Sewer Brian Zimmerman/Gary beach/Gary Armstrong

Approve new business license received to date:
• The Molly’s Baby Baking Company-1207 Utah-Cookies
• Ron’s Snow Removal-64 Granit Creek Rd-Snow removal, Lawn care, tree trimming.
• Dimensions Stonworks-298 Sometime Creek Ln-Building, landscaping and rock saw shop.
Mrs. Ford MADE a MOTION to approve all new business license received to date.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve renewal business license received to date:
Mrs. Ford MADE a MOTION to approve all renewal business license received to date except Cabinet Mountain Brewing Company.
Mr. Zimmerman SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Mrs. Ford MADE a MOTION to approve Cabinet Mountain Brewing Company for renewal.
Mr. Armstrong SECOND.
Williams, Zimmerman, Beach, Armstrong and Ford voted FOR.
Smith ABSTAINED.
MOTION PASSED.

Approve renewal alcohol license received to date:
Mrs. Ford MADE a MOTION to accept all renewal alcohol licenses received to date except Cabinet Mountain Brewing Company.
Mr. Beach SECOND
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Mrs. Ford MADE a MOTION to accept the renewal license for Cabinet Mountain Brewing Company.
Mr. Armstrong SECOND.
Williams, Zimmerman, Beach, Armstrong and Ford voted FOR.
Smith ABSTAINED.
MOTION PASSED.

Approve of coin operated amusements received to date:
Mr. Armstrong MADE a MOTION to accept all coin operated amusement licenses received to date.
Ms. Smith SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve claims and payroll for November 2017:
Mr. Armstrong MADE a MOTION to approve claims and payroll for November 2017.
Mr. Beach SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:
 Direct Deposit quote from Black Mountain Software- Budget Committee recommends $400.00 from 5210-430500-355, $400.00 from 5310-430600-355, $100.00 from 1000-410200-355, and $200.00 from 1000-410500-355 for a total of $1,100.00.

Ms. McCollum stated she had polled the employees and all but two wanted the direct deposit.
Mrs. Williams MADE a MOTION to move forward with the budget committee’s recommendation as printed on the agenda.
Mrs. Ford. SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

 City of Libby Website Re-Design from Nate Condron-Budget Committee recommends $500.00 from 1000-410200-330 and $ 500.00 from 1000-410200-350 any additional charges will come from 2959 Community Development Fund.
Mr. Zimmerman MADE a MOTION to accept the City of Libby web site re-design as it states on the agenda.
Ms. Smith SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

 Reduced speed in school zone (streets committee)
NO ACTION WAS TAKEN.
 Council Rules and Procedures.
NO ACTION WAS TAKEN.

General Comments from the Council:
Mrs. Williams commended Gail Burger for the way the down town looked. It was very nicely decorated for the holiday season and she was the driving force behind it. Mr. Teske said the down town association did a great job with the tree lighting and getting Santa Clause down town.
Mr. Armstrong would like to open the discussion on the future transparency week. He would like to be on the committee and has many ideas on how to accomplish the task. He would like this done in front of the public.
Mrs. Ford stated DC Orr had been stalking her on social media and therefore she had an attorney file a cease and desist order against Mr. Orr. This has nothing to do with city council. Mrs. Ford said she would never prevent any citizens from attending a city council or public meeting. Mr. Orr’s interpretation of the letter was incorrect. Mrs. Ford wanted the public to be made aware of this.
Ms. Smith would like all action or voted items to be listed be on the agenda.

Adjournment:
Mrs. Williams MADE a MOTION to adjourn the meeting.
Mr. Armstrong SECOND.
Williams, Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Meeting was ADJOURNED at 8:11 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer

December 18, 2017 | 1484

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APPROVED
The 1484 Regular Meeting of the City Council was held on Monday, December 18, 2017 in the Council Chambers at City Hall.
Call to Order:
The meeting was called to order at 7:00 pm by Council President Peggy Williams.
Present were Mr. Zimmerman, Ms. Smith, Mr. Beach, Mrs. Ford, Mr. Armstrong, City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons. Mayor Brent Teske and City Attorney Dean Chisholm were absent.
Prayer was offered by Leona Mast.
Mrs. Ford MADE A MOTION to approve the minutes from council meeting # 1483 held on December 4, 2017.
Mr. Beach SECOND.
Ms. Smith made the correction on page 2 from Faser to Fraser.
Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Announcements:
None

Committee Reports:

Cemetery/Parks: None.

Fire: None.

Police: None.

Resolutions/Ordinances: Ms. Smith announced there will be an opening on the planning board.

Lights/Streets/Sidewalks: None.

Building: Mr. Beach will call a meeting to look at bids for different project at city hall.

Water/Sewer: Mr. Zimmerman will be discussing the 9.40 credit at the next council meeting.

Personnel: None.

Budget: None.

Finance: None.

City Administrator: None.
KRDC: The next meeting will be the third Thursday of this month.

City County Board of Heath: None.

Public Comment on Non- Agenda Items:
DC Orr, 1117 Nevada, asked to correct the public record. Mr. Orr said council was not told the truth about the cease and desist order. This was a way to exclude him from attending council meetings. Mr. Orr said council was tricked by Mrs. Ford. Mr. Orr said Mrs. Ford had no right to say he was stalking her on social media. Orr said council needs to set a standard and not allow a fellow council member to slander a member of the public. Council needs to stand up and say this was not acceptable at council meetings. Mr. Orr said this could be done in council rules and procedures. Council can punish or expel members for improper conduct. Mr. Orr said the city attorney can write a memo explaining the misconducts to expel council members. Mr. Orr would like someone to take the initiative.

New Business:
Award contract to TDH/AE2S to complete PERS for water and sewer:
Mike Fraser presented council with a summary and timeline that led up to the final committee recommendation for TDH/AE2S to complete PERS for water and sewer.

Ms. Smith asked how the grant funds will be paid for.
Jim Hammons said the water fund has the funds the sewer fund does not.

Mr. Zimmerman MADE A MOTION to accept the committee recommendation for TDH/AE2S.
Mr. Armstrong SECOND.

Ms. Smith questioned action item 1 second sentence in the contact, if the performance is acceptable the team may be authorized to complete future project work.
Mike Frasier said this does not tie the city into further work.

Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Mr. Zimmerman MADE A MOTION to move forward with the PERS for water and sewer.
Mr. Armstrong SECOND.

DC. Orr, 1117 Nevada, asked how the city was paying for their portion of funding out of water and sewer.
Jim Hammons said the water portion could come out of water or the city could get an intercap loan. Once the funding was in place the intercap loan would be paid back. The money cannot come out of the sewer fund or the city could match funds out of the ED fund.
DC Orr asked council to be transparent when they made the decision about the funding.

Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve renewal business license received to date:
Mrs. Ford MADE A MOTION to approve all renewal business licenses received to date.
Mr. Armstrong SECOND.
Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve renewal alcohol license received to date:
Mrs. Armstrong MADE A MOTION to accept all renewal alcohol licenses received to date.
Mrs. Ford SECOND
Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve of coin operated amusements received to date:
Mr. Armstrong MADE A MOTION to accept all coin operated amusement licenses received to date.
Mrs. Ford SECOND.
Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:
 Changes to dog regulation (ordinance committee)
NO ACTION WAS TAKEN.

 Reduced speed in school zone (streets committee)
NO ACTION WAS TAKEN.
 Council Rules and Procedures.
NO ACTION WAS TAKEN.

General Comments from the Council:
Mr. Armstrong asked that the web site redesign be added to unfinished business. Ms. Smith wished everyone a Merry Christmas.
Adjournment:
Mr. Armstrong MADE A MOTION to adjourn the meeting.
Mrs. Ford SECOND.
Zimmerman, Smith, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Meeting was ADJOURNED at 7:22 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer