1495: June 2018

APPROVEDThe City Council held meeting # 1495 on Monday, June 4, 2018, 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, Ms. Smith, Mr. Zimmerman, Mr. Beach, Mr. Taylor, Mr. Dufficy, City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons and City Attorney Dean Chisholm.

Bill Cunnane offered the prayer.

Ms.Smith MADE A MOTION to approve the minutes from # 1493 held on May 7, 2018.
Mr. Beach SECOND.
Ms. Smith noted ideas for transparency week were left out of unfinished business.
Williams, Smith, Zimmerman, Beach, Taylor,Dufficy voted FOR.
MOTION PASSED.

Mr.Zimmerman MADE A MOTION to approve the minutes from # 1494 held on May 21, 2018.
Mr. Beach SECOND.
Williams, Smith, Zimmerman, Beach, Taylor,Dufficy voted FOR.
MOTION PASSED.

Announcements:
Mayor Teske invited the public to participate in transparency week this Thursday at 6pm.

Committee Reports:
Cemetery/Parks: Mrs. Williams stated the new bathroom for Fireman’s park was ordered. A meeting will be called to discuss a sundry of issues.

Fire: Mr. Zimmerman said there were 4 calls for May, 3 rural and 1 out of the district.

Police: Chief Kessel reported there were 260 calls for service in May resulting in 20 arrests,30 citations, and 30 animal citations. Officer Dewitt is doing well, and the new animal control officer is a great asset to the community.

Resolutions/Ordinances: Ms. Smith said the committee met on May 29 and moved forward with drafting the chicken ordinance. The committee will meet in the next few weeks; the chicken ordinance draft will be on the agenda.

Lights/Streets/Sidewalks: None.

Building: None.

Water/Sewer: Mr. Zimmerman said the street crew will take a class on the 16 of June for sewer connections. The mayor said the street crew will start working on the sewer collections system. The street crew will receive the proper training and vaccinations.

Personnel: None.
Budget: Mrs. Williams will have a meeting Wednesday at noon to discuss the 2019 preliminary budget.

Finance: None.

City Administrator: Report in the packet. Jim Hammons reported a sizable water leak from California Ave to 6th in an old steel water line, this will be replaced with PVC pipe.
KRDC: None, next meeting June 14.

City-County Board of Heath: None.

Public Comment on Non- Agenda Items:
Bill Cunnane, 62 Michigan, said the lot next to him was very overgrown. Mr. Cunnane asked the city to hire a lawn care service to mow the vacant lots around town. He said maybe the property owners would start taking care of their property if they had to pay more for mowing.

Mayor Teske and Chief Kessel understand and are working on the issue.

New Business:
Vince Brown, Libby Volunteer ambulance to discuss the future of LVA financial and personnel issues.
Jeff Holder president of Libby Volunteer ambulance gave the council a background on Libby volunteer ambulance and asked council for solutions for memberships. Council discussion followed.
Penny Kyes, 765 Shalom, asked the public to support legislation for ambulance services.

Ben Scott, Kootenai Cross Country Ski Club Inc, request permission to construct a building on city property at the Flower Creek Biathlon course.
Ben Scott,402 Montana, asked the council for permission to construct a building on city property at the Flower Creek Biathlon course. Mr. Scott has $55,000 of the $100,000 to complete the project he would like to get the dirt work started.
Mrs. Williams asked what the building would be used for?
Scott said half for a warming hut and event center the other half would house equipment.
Mrs. Williams asked what will the building be constructed of?
Scott said the back portion would be a metal shell uninsulated; the front would be Board and Batten with a concrete floor throughout and heated by a wood stove.
Mr. Scott said PAVCO would be paving next summer, he would like to have the building done and parking lot ready.
Mr. Zimmerman MADE A MOTION to construct a building on city property at the Flower Creek Biathlon course.
Mrs. Williams wanted clarification that Mr. Scott was asking only for permission to build the structure and not for money from the City of Libby.
Mr. Scott said this was only a motion to build the structure.
Mr. Beach SECOND.
Mr. Dufficy asked who would be liable for the structure or if someone was to get hurt and sued the city.
Mr. Scott said the city has a policy and the city would cover it.
Mr. Hammons said yes it does, but our insurance does require your club to have event insurance.
Ms. Smith said, “I appreciate all that you do, and I don’t mean to be a contrarian here, but you’re asking us to vote on something, and we have zero material to go off of, I would like to see a written proposal, location, and dimensions.”
Mr. Scott said he gave that to council two months ago.
Ms. Smith would like to see a maintenance plan and has concerns about the liability issue as well.
Smith asked who would own the building?
Scott said the City of Libby, “I guess.”
Smith said this needs to be clarified in an agreement.
Beach said, “ The City of Libby has dealt with these agreements in the past and is dealing with these issues now, and the city does not want to keep creating these issues.”
Smith wants to support the project, but not in a way that will come back and haunt the city.
Mr. Chisholm agreed in case the club disbands, and the club will adhere to maintenance and lease terms.
Mr. Zimmerman TABLED THE MOTION to the next agenda.
Mr.Scott said the county is willing to take over maintenance of Granite Road. The county would like the gate moved from Granite Lake road to the edge of the city property this would allow year use of the ski course and facilities. Mr. Scott asked the City of Libby to write a letter to the Forest Service allowing the county to take over maintenance of one mile of city road.
Mayor Teske asked is the gate owned by the Forest Service?
Mr. Scott said it was.
Mayor Teske asked council if they were opposed to the letter.
There was no opposition.

Kathy Stern, Libby Logger Days, Street Closure for Libby Logger Days June 23rd from 6:30 AM to noon to accommodate the Logger day parade route and line up the closure request is from Mineral Avenue from Highway 2 to Second Street and Lincoln Boulevard from California Avenue to Louisiana Avenue.

Ms.Smith MADE A MOTION to approve to road closure as requested.
Mr. Dufficy SECOND.
Williams, Smith, Zimmerman, Beach, Taylor,Dufficy voted FOR.
MOTION PASSED.

Approved funds to purchase trash cans for Mineral Avenue.
Mr. Beach gave the council handouts, and pictures and his background knowledge for replacing the trash cans on Mineral Avenue stating the cans need to be replaced, the bottom of the present trash cans are deteriorating. The new trash cans will be approximately $500 each, and the street committee would like to purchase 16 cans. Mr. Beach said there would be one can per side per block, Montana Machine, and Fabrication would produce the cans. The total cost of the project would be $8000 and will come out of the Community Development Fund. Mr. Beach said the new trash cans would be square instead of being round with a rubber maid top and are 33 gallons.
Council discussion followed.
Mr. Dufficy asked if they were easy to replicate.
Mr. Beach said yes, they were.
Mr. Zimmerman MADE A MOTION to purchase 24 garbage cans for $12,000.00 from Montana machine out of the community development fund.
Mr. Beach SECOND.
Council discussion followed.
Vincent Brown, 412 w 3rd, asked who Montana Machine who would use for the powder coating?
Council was not certain.
Glen Johnson,802 Balsam, expressed concern with children hitting their heads on the sides of the square garbage can.
Dee Teske, 804 Michigan, asked if the garbage cans would be available for this summer? The Committee said yes. Dee asked if some of the garbage cans would be available for the River Front Park. Mayor Teske said this would be a good use of the extra cans.

Zimmerman, Beach, and Smith voted FOR
Dufficy, Williams, and Taylor voted AGAINST.
Teske voted FOR
MOTION PASSED.

Approve Resolution 1920-A resolution of the City of Libby Montana providing for the budget for the fiscal year2017 – 22018 (Fireman’s park bathroom $44,240).

Zimmerman MADE A MOTION to approve to motion to accept resolution 1920.
Dufficy SECOND.
Williams, Smith, Zimmerman, Beach, Taylor,Dufficy voted FOR.
MOTION PASSED

Approve new business licenses received to date:
• Glenn Johnson
Mr. Zimmerman MADE A MOTION to accept all new business licenses received to date.
Ms. Smith SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR:
MOTION PASSED.

Approve claims and payroll for May 2018:
Ms. Smith MADE A MOTION to approve claims and payroll for February 2018.
Mrs. Williams SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR:
MOTION PASSED.

Unfinished Business:
1) Approve Ordinance 1916- An Ordinance of the City Council of the City of Libby Montana amending certain chapters of title 10 vehicles and traffic. Second reading.
Ms. Smith MADE A MOTION to approve ordinance 1916 second reading.
Mr. Beach SECOND.
Williams, Smith, Zimmerman, Beach, Taylor voted FOR
MOTION PASSED.

2) Libby Web Site Re-Design
The web designer had some technical issues and is now adding pictures and updating the context of the web page.

3) Council Rules and Procedures
Mrs. Williams asked council for their input on the council rules and procedures up to this point.
Mrs. Williams asked council for their input on the background checks for council candidates and would like to know what direction they would like to take.
Mayor Teske said the council would have to go a different direction if they would up to continue with the background checks.
Council discussion followed.
Mayor Teske asked the council to let Mrs. Williams know.

Mayor Teske said by current council policy agenda items need to be into Mayor Teske or City Clerk Audray McCollum by 4 o’clock on the Wednesday before the council meeting that also entails all information for packets.

Mrs. Williams asked Jim Hammons to speak to rural water and Mike Frasier about the $9.40 water credit. Per Jim Rosenberg’s request.

Ms. Smith left the council meeting.

Glen Johnson,802 Balsam, expressed concerns with the traffic on Education way and would like to see speed bumps on this road. Mayor Teske said this road was turned into a school zone and the 20 mile per hour signs will be up soon, and extra patrol is in the area.

Mrs. Williams made a formal request to forming the FOIA committee at the next council meeting.

Mrs. Williams made a formal request to put the fee schedule in the ordinance committee.
Council discussion followed.

Mr. Chisholm Libby city attorney said the legislative branch does not respond to FOIA request the executive branch response. “Perhaps a legislative committee is not the appropriate way to handle these requests. This is an executive function. These are government documents, and they were asking for a personal record of individual council members. The city has no obligation to provide personal records of individuals. The records were not in the city’s possession the city should not have to go out and get those records. If the information is not in the city’s archives the city does not have to go find it.”

General Comments from the Council:
None

Adjournment:
Mr. Dufficy MADE A MOTION to adjourn the meeting.
Mr. Zimmerman SECOND.
Williams, Zimmerman, Beach, Taylor, Dufficy voted FOR:
MOTION PASSED.
The meeting ADJOURNED at 8:50 pm.

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