1508

APPROVED
The City Council held meeting # 1508 on Monday, December 18, 2018, in the Council Chambers at City Hall.
Call to Order:
The meeting was called to order at 7:00 pm by Mayor Teske.
Present were Ms. Williams, Ms. Smith, Mr. Zimmerman, Mr. Beach, Mr. Dufficy, Mr. Taylor, City Clerk Audray McCollum, and City Administrator Jim Hammons. City Attorney Dean Chisholm was absent.
Tom Cole offered prayer.
Announcements: Mayor Teske wished everyone a Merry Christmas.
Committee Reports:
City Administrator: Mr. Hammons said the city has experienced a very mild winter and has not had to plow yet and only had to put down de-ice a few times.
Fire: None.
Police: None.
Resolutions/Ordinances: There will be an updated draft of the purposed zoning changes available later in the week, contact city hall to receive a copy.
Lights/Streets/Sidewalks: None.
Building: None.
Water/Sewer: None.
Cemetery/Parks: None.
Finance: FY 18 will be submitted to the State of Montana.
KRDC: None.
City-County Board of Health: None.
Public Comment on Non- Agenda Items:
Tom Cole,747 Flower Creek, asked about the new 20 MPH speed limit on Balsam and said in some towns there are options for school speed limit zones, that apply only during certain times or when there are children present. Cole would like to know if the decision was final.
Chief Kessel said the City of Libby elected to go with the 20 MPH limit for the young people’s safety and the decision was final.

New Business:
Swear in new police officer Ian Christopher Smith.
Ian grew up in Philadelphia Pennsylvania moved to Sandpoint ID after getting out of the Army. Libby has what he wants; nice people, lots of space and he looks forward to working here.
Mayor Teske swore in Ian Christopher Smith as the new City of Libby police officer.
Update from Tony Petrusha on the trails, swimming pool and other projects to be determined.
Mr. Petrusha gave the council a handout with a year-end update on city-county projects.
The Libby Pool Project.
The Libby pool project started out with a group of concerned citizens wanting a public pool. The group wants an all-season, covered pool for therapy, exercise, and swimming. They are working on a business and feasibility case. Exit polls from the midterm elections show the public is 90% in favor. The pool will be owned by the Lincoln County Park District; property location has not yet been determined. The pool board will be contacting design firms for preliminary concept information. They would like to spend around five million and the project completion around 2021.
Mr. Dufficy said, “the group needs to look into the annual cost of maintenance, which is massive, this may determine if they can build a pool.”
Greater Libby Area Trails Plan.
Greater Libby Area Trails Plan held two meetings with all the stakeholders, representing 15 organizations and made good progress.
Individuals stepped up to be in charge for each of the six primary trails in the greater Libby area trails plan.
Lincoln County Shooting Complex was included in the discussion related to the range.
A third meeting will be planned after the holidays.
Bridge of Voices.
Chimes on the haul bridge.
The haul bridge was built from design to operation in six months in 1920 for a 100-ton truckload.
Dufficy asked, “If there were any plans for the reconstruction of the haul bridge?”
Smith asked, “If the architectural concepts would add some design to the bridge visually?”
Petrusha said, “first, they will start with the concept, then work through the phases, the chimes and then lights.”
Dufficy encouraged the council to go to the haul bridge and walk it from one end the other, look over the sides and at the timbers. Then go to Park St., look under the bridge there is a lot of structural concern.
Public Comment:
DC Orr,1117 Nevada, asked about the Lincoln County Park Boards’ current budget and where the funds were going to come from for the pool?
Petrusha said, “hopefully in the beginning funds would come from private donations, then turn it over to the public to maintain.”
Kootenai Forest Stakeholders Coalition presentation followed with Q &A.
Ed Levert – Former Lincoln County Forester, Tim Dougherty- Idaho Forest Group, Jerry Wandler -Troy Snowmobile Club and Grete Gransawer- Montana Wilderness Association, introduced themselves to the council, they are board members from the Kootenai Forest Stakeholders Coalition. The Stakeholders have been a group for 12 years. KFSC is a diverse group of citizens of different interest. Their primary concern is the Kootenai National Forest and to help find a common-ground solution to public land management.
Everyone spoke about the work the group has done and the future work they want to accomplish.
The Kootenai Forest Stakeholders Coalitions would like a letter of support from the City of Libby.
The group has three meetings a year; the next one is January 23, 2019, they invited the council and public to attend. Details are on their web page.
Council Questions:
Dufficy said, “Is there a series of attorneys waiting in the wings for you guys to make a move so they can block you?”
Tim Dougherty said, “It can take years for a decision.”
Public comment:
Unknown person said, “thanks for what you are doing.”
DC Orr, “When you have the legislators attention, instead of asking for more money for the Forest Service, you should ask for reform on the Equal Access to Justice Act. You do great work; then the serial litigant’s cut you off at your knees.”
Tim Dougherty “I agree with you, but that’s a tough push.”
Mayor Teske thanked the group and asked the council if there was any objection to writing a letter of support from the City of Libby?
There was no objection.
Approval from the street committee recommendation to abandon Larch Street within the property boundaries of Big Sky Lumber:
Mr. Beach gave the council a handout and his background knowledge of the past subdivisions that were not done correctly. The property has since been sold, and the owner’s request is to forfeit the purposed Larch street within their property.
Mr. Beach MADE A MOTION the City of Libby forfeit Larch Street easement within the boundaries of Big Sky Lumber, and that Big Sky Lumber provides an easement to the City of Libby for all existing underground utilities.
Mr. Dufficy SECOND.
Council discussion followed.
Beach CHANGED HIS MOTION the City of Libby abandons Larch Street easement within the boundaries of Big Sky Lumber and that Big Sky Lumber provides an easement to the City of Libby for all existing underground utilities.
Mr. Dufficy SECOND.
Public Comment:
Adam Montgomery, 197 Pearl St., suggested the council take out underground utilities and just put utilities.
Mr. Beach AMENDED THE MOTION to utilities.
DC,1117 Nevada, said, “you don’t have all the information to make a correct decision.”
Williams, Smith, Zimmerman, Beach, Dufficy, Taylor voted FOR.
MOTION PASSED.
Mayor ratification of appointments to the City of Libby Planning Board for Gary Neff, Virginia Kocieda and Mark Andreasen:
It was brought to council attention that some members of the Libby Planning Board were not appropriately appointed to the board by the Mayor’s placement. Mayor Teske talked to City Attorney Dean Chisholm, who gave a statement to correct the appointments.
Mayor Teske read the following statement: I was present during the interviews and appointments of Planning Board Members, Gary Neff (resident freeholder within the city limits), Virginia Kocieda (resident freeholder within the urban area) and Mark Andreasen (resident freeholder with the urban area). To provide a clear written record as to their appointments and to comply with MCA 76-1-221. I hereby ratify and adopt their appointments.
Public Comment:
DC Orr, 1117 Nevada, said: “Jennifer Nelson was appointed on December 19, 2016, by the council and not by the Mayor”. Orr asked if Teske was going to ratify her?
Teske said he was going to have to verify the minutes from that meeting.
Council then went over past minutes between the county and city on the formation of the Planning Board.
Approval of New Business Licenses.
• Hannah Helping Hands.
• Rose Erbacher.
• Chore Gals.
Ms. Williams MADE a MOTION to approve all new business licenses received to date.
Mr. Dufficy SECOND.
Williams, Smith, Zimmerman, Beach, Dufficy, Taylor voted FOR.
MOTION PASSED.
Approval of 2019 Liquor License.
• Rosita’s
• BlackBoard Bistro
• Town Pump of Libby
• Luck Logger Casino of Libby
• Lucky Lil’s Casino of Libby
• Cabinet Mountain Brewing Co.
• Libby Empire Foods
• Maggie’s 2
• Lincoln Lane
• Harold’s bar
• Gold pan Casino
• Crosscut Casino
• Switchback Bar and Grill
• Cedars restaurant and Spirit Lounge
• American Legion Club
Ms. Smith RECUSED from the vote.
Ms. Williams MADE a MOTION to approve the 2019 liquor licenses.
Mr. Beach SECOND.
Williams, Zimmerman, Beach, Dufficy, Taylor voted FOR.
MOTION PASSED.
Approval of the 2019 Coin-Operated Amusements Device License.
• American Legion
• Lincoln Lanes
Ms. Williams MADE A MOTION to approve the 2019 coin-operated amusements received to date.
Mr. Dufficy SECOND.
Williams, Smith, Zimmerman, Beach, Dufficy, Taylor voted FOR.
MOTION PASSED.
UNFINISHED BUSINESS:
Council approval to send the proposed business districts recommendation back to the City Planning Board for further review to address public comment and any revisions.
Taylor said, “I made the motion to move it back, and my motion still stands, it was not done correctly.”
Council Discussion Followed.
Williams said, “the work needs to go back as revised, not as it first came to the ordinance committee.”
Zimmerman would like to table this until the question is answered on the zoning issue.
Public Comment:
Scott Thompson,182 Riverview Dr., said: “the council should send it back to the planning board, to be done correctly.”
DC Orr,1117 Nevada, said “the legitimacy of the Planning Board has been rectified tonight. The question is, does the Planning Board have the authority to recommend zoning? This is still an issue, and the council is unclear on , this needs to be clarified before you move on.”
Vote to move back to the Planning Board.
Williams, Zimmerman, Beach, Dufficy, Taylor voted FOR.
Smith ABSTAINED.
MOTION PASSED.
Libby Web Site Re-Design:
Ms. Williams said the new website is live; she invited all to view. Williams said there were a few context issues to be addressed when the city clerk could access the site.
Council Rules and Procedure:
Council received an updated version of council rules and procedures.
General Comments from the Council:
Dufficy said “he was going through the city’s municipal codes, if an establishment has a beer and wine license, it was $400.00, beer $200, wine $200 per year, but if you have a liquor license the cost was $312.50, he found that fascinating. If you have a full bar you pay less; then if you serve wine and beer”, he is going to research this further.
Smith is excited to see the city pool concept resurrected. This would be a great community asset.
Beach asked are seasonal vendors required to have a business license.
Teske said they would be required to get a hawker’s licenses.
Adjournment:
Mr. Dufficy MADE a MOTION to adjourn the meeting.
Ms. Williams SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR:
MOTION PASSED.
The meeting ADJOURNED at 8:53 pm.
__________________ Attest; ______________________
Mayor
Brent Teske Audray J. McCollum, City Clerk/Treasurer