1515

APPROVED
The City Council held meeting # 1515 on Monday, April 1, 2019, 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 Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Zimmerman, Mr. Dufficy, Mr. Taylor, City Clerk Audray McCollum, City Administrator Jim Hammons, and City Attorney Dean Chisholm.
Mr. Colbert offered the prayer.
Announcements:
Mayor Teske said there will be a public meeting to discuss the purposed control groundwater area; this will be presented by the EPA in the Ponderosa room April 23 at 6:30 pm.
Ms. Smith announced the planning board will have there monthly meeting next Monday in the council chambers at 6 pm.
Committee Reports:
City Administrator: Mr. Hammons reported the city crew was hooking the bathroom up at Fireman’s Park. Hammons said the city roads are looking bad; this was due to the frost coming out of the ground. He urged the public to please be patient, and the crews will start fixing the roads once the frost settles.
Fire: None.
Police: Chief Kessel report there were 247 calls for service in the month of March, resulting in 22 arrests and 14 citations. There was a burglary and theft at the legion ball field that resulted in thousands of dollars in damage. Chief Kessel reported that three juveniles have been caught. Sargent Pape’s cop car has been repaired. The Police Department received a $4900.00 grant from Flathead Electric Coop from the Roundup for Safety Program. This will cover the first year’s payment for the body cameras. The Police Department received a grant from the Mason Moore foundation for $6800.00 to equip all the police cars with car cameras. The Mason Moore Foundation was set up by the widow (Jodi) of the late Mason Moore who was killed in the line of duty.
Resolutions/Ordinances: None
Lights/Streets/Sidewalks: None
Building: None
Water/Sewer: None
Cemetery/Parks: Mrs. Williams and Mr. Hammons met and picked out a table and bench for the new park on Mineral Ave. Williams is working on picking out paint for the side of the fire hall.
Finance: Bob Denney will be on site April 24 to go through past sewer transaction in Black Mountain.
KRDC: Zimmerman said they went over bylaws and a new mission statement.
City-County Board of Health: None.
Public Comment on Non- Agenda Items:
DC Orr ,1117 Nevada Ave, said he is a victim of fraud in the Superfund site. Orr stated the council signed a position statement two years ago that states property owners would not be responsible for cost in cleaning up their property. Orr said “Now all property owners are liable for there cleanup cost because of language in the ROD statement, the county commissions are trying to fix this and are not. Council signed a statement to fix this, and you are not fixing it. Property values have been suppressed because of the language in the Record of Decision. This also lowers taxable revenue in the county.” Orr said “The council needs to revisit the mission statement and do something about this. You are failing the people that you serve.”
New Business:
APPROVE ORDINANCE 1934- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIBBY MONTANA, AMENDING CHAPTER 56 OF TITLE 2 – CITY PLANNING BOARD. – SECOND READING
Mr. Zimmerman MADE A MOTION that we adopt ORDINANCE 1934.
Mrs. Williams SECOND.
Public Comment:
DC Orr, 1117 Nevada, stated the third “were as” was unnecessary. Orr recommends that it be stuck out of the Ordinance.
Williams, Smith, Beach, Zimmerman, Taylor, Dufficy voted FOR.
MOTION PASSED.
Approval of New Business Licenses received to date.
• Gordons
Ms. Smith MADE A MOTION to approve the new business license.
Mrs. Williams SECOND.
Williams, Smith, Beach, Zimmerman Taylor, Dufficy voted FOR.
MOTION PASSED.
Approval Claims and Payroll for March 2019.
Mrs. Williams MADE A MOTION to approve claims and payroll for March 2019.
Mr. Smith SECOND.
Williams, Beach, Zimmerman, Smith, Taylor, Dufficy voted FOR.
MOTION PASSED.
Unfinished Business:
Approve to search out an environmental law firm to assist on the IP negotiations.
City Attorney Dean Chisholm said the City of Libby currently has an attorney under contract Allen Payne (Doney Crowley P.C.). Mr. Chisholm spoke with a couple of other people who would be interested in taking that duty over. Chisholm said in order to obtain new council the city would have to terminate the current contract with Mr. Payne. There is still a year remaining with the current settlement agreement.
Council Discussion Followed.
Council requested to reach out to Doney Crowley P.C. and have them reach out to International Paper and see what their intentions are.
Mayor Teske asked Mr. Dufficy if he was satisfied with this decision since this was his motion.
Dufficy said he was.
This will be left in old business until council decides which direction to go this.
Public Comment:
DC Orr, 1117 Nevada, said the city attorney is giving council bad advice. One area that council is not considering is the controlled groundwater area. This will change the Institutional Controls that the EPA put into place and will put the port authority in the position that the city is in now. Orr said “You need to get this in writing from your lawyer, what the controlled groundwater will do in your position on this litigation. You may lose your position for litigation.” You need to find this out before June; you are way behind the eight ball on this.”
General Comments from the Council:
Dufficy asked if council could write one letter against Senate bill 160.
Council Discussion Followed.
Adjournment:
Mrs. Williams MADE a MOTION to adjourn the meeting.
Mr. Dufficy SECOND.
Williams, Smith, Beach, Zimmerman, Taylor, Dufficy voted FOR:
MOTION PASSED.
The meeting ADJOURNED at 7:33 pm.

__________________ Attest; ______________________
Mayor
Brent Teske Audray J. McCollum, City Clerk/Treasurer