APPROVED
The City Council held meeting # 1522 on Monday, July 15, 2019, 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, Utility Clerk Jody Martin, City Administrator Jim Hammons. City Attorney Dean Chisholm was absent.
Mr. Robert Mast offered the prayer. Approve Minutes #1520 held June 17, 2019
Mr. Zimmerman MADE A MOTION to approve the minutes from #1520, held on June 17, 2019. Ms. Smith, SECOND.
Mayor Teske asked if there any discussion or corrections
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR. MOTION PASSED
Announcements: None
Committee Reports:
City Administrators Report: The building has been painted, we have a few more days until the trim is finished. Carson brothers out of Kalispell will look at doing maintenance on heating & cooling system on all the buildings; once we get the estimates, they will be brought to the budget committee to see if this is affordable. We have also started (street) grinding, and are digging on Nevada Ave, removing the clay that breaks up every year, putting in filter cloth and pit run, so we can start paving.
Fire: There where 9 calls in the month of June. 3 calls in the city,5 calls in the Rural fire district, 1 call in the county, 1 vehicle, 1 structure, 2 ambulance aid, 2 false alarms, 1 misc.
The annual fire hydrant flush performed by city crews will be coming up soon.
Police: None
Resolutions/Ordinances: None
Lights/Streets/Sidewalks: Mr. Beach said the committee met last week about US Forest Service easement. Also talked about TIF and the sidewalk replacement program.
Building: None
Water/Sewer: Mr. Zimmerman said talking some numbers with Rural Water about our sewer rates, we have some preliminary numbers that are going thru budget and seeing what we can do, then we will schedule a water/sewer meeting.
Cemetery/Parks: None
Finance: We did have a meeting last week and discussed employee insurance increase, fire budget, water, and sewer costs. We do need to set another budget meeting and was looking at Tuesday, July 30th, at noon.
KRDC: There will be a meeting this Thursday.
Ms. Smith has talked with Tina oliphant about coming and doing monthly reports for the committee.
Mr. Dufficy asked where the meeting will take place.
City-County Board of Heath: None.
Public Comment on Non- Agenda Items:
DC Orr, 1117 Nevada Ave, said the city is under a state mandate to have transparency week every year. This year was good but would like to see you practice transparency on a regular basis.
Theodore Montgomery, 491 Cabinet Heights Rd, asked Brian to explain getting into compliance with Sewer Rates.
Mr. Zimmerman explained the process.
Mr. Montgomery also asked, “How long have we been losing money on sewer.”
Mr. Zimmerman said, “Not sure on last year, but this year will be the breaking point.” Mrs. Williams Said, “This year is this closest we have been.”
New Business:
Approve street closure, sound variance and open container allowance for a Cornhole Fundraiser Tournament for the Libby Elks BPOE, Saturday, August 24, 2019, from 8am to 8pm. The street closure will be West 4th Street from California to Main.
Mr. Pfeifer 359 Northwood stated that last year’s request was from 8 to 6, and we were told we didn’t
need a sound variance, we made the request this year for 8 to 8. We were unsure if this was necessary.
Mayor Teske “Said according to the law; it’s not.”
Mr. Pfeifer Said their closure worked well last year; they will just use the plastic fencing; also were
asked to provide a certificate of liability insurance as the Elks have for a one-day event.
Mayor Teske “Said we didn’t receive any complaints last year, we heard all good things about it, and the noise variance really doesn’t apply. So, you are looking for street closure and open container.
Mr. Pfeifer Yes
Mrs. William said she is appreciative of the consideration for the neighbors and not blocking access.
Mr. Zimmerman MADE A MOTION. To Approve the Libby Elks Club street closure on August 24, 2019, on
W. 4th St. from California to Main St.
Mrs. Williams said the variances should be mentioned. Mayor Teske “Said at least the open container.”
Mrs. Williams, SECOND.
Mayor Teske “Said the motion has been made and second for street closure and the open container. Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED
Resolution 1939- A Resolution of the City of Libby, A municipal corporation of Montana, Authorizing Libby City Police Department, Lincoln County Sheriff’s Office, and Montana Fish Wildlife and Parks Personnel to Harvest and Collect for Sampling Deer from public property for the purpose of testing for Chronic Wasting Disease.
Neil Anderson FWP Regional Wildlife Manager gave the council an update on Chronic Wasting Disease. Out of 37 samples from both roadkill and symptomatic animals, results back from 27 samples and have 5 positives. 4 in town and 1 north of the river. All have been whitetail deer.
Council Discussion Follows
Ms. Smith MADE A MOTION that we adopt Resolution 1939 of the City of Libby authorizing Libby City Police Department. Lincoln county sheriff’s office and Montana Fish, Wildlife &Parks to harvest and collect sampling deer from public property for the purpose of testing for Chronic Wasting Disease.
Mr. Beach SECOND.
DC Orr 1117 Nevada Av. “said he had read about a cost sharing program between the City and County and asked if we had figured out who pays what?”
Mayor Teske “Said no, we haven’t.”
Neil Anderson FWP Regional Wildlife Manager FWP explains the cost sharing program. Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED
Approve funds to conduct a Tax Increment Finance (Tif) study. To be funded out of the Community Development Fund 2959 for 4250.00.
Mr. Beach “we had a presentation from Tina Oliphant from the port authority on a program that is available to us and asked her to contact individuals that they used to do the survey, So we could get a price quote for preliminary analysis for Libby, that Fee would be 4250.00
Mr. Zimmerman MADE A MOTION. To approve funds to conduct a Tax Increment Finance study. To be funded out of the Community Development Fund 2959 for $4,250.00
Ms. Smith, SECOND.
Mrs. Williams asked if that was a firm figure. Mr. Beach ‘Said that is a firm figure!”
Mr. Taylor said this was the first he had heard about this and was concerned that he didn’t get an email
on this subject.
DC Orr 1117 Nevada Ave discussed the importance of transparency, and “Stated that this was the first time he had heard of this and wanted to know what committee this was presented to and if the minutes were posted.”
Mr. Beach said it was presented to the streets committee, and the minutes will be posted with Audray when she gets back, we also talked about it at the budget committee meeting.
DC Orr 1117 Nevada Ave Commented on the importance of each Committee and the posting of Minutes.
Council discussion follows
Williams, Smith, Zimmerman, Beach, voted FOR. Taylor and Dufficy voted Against. MOTION PASSED.
Approve the United States Forest Service/City of Libby Easement for Flower Creek Rd.
Mayor Teske “said We haven’t heard back from legal counsel on this yet, he has been out of town and requests that we table this right now and please take time for review and questions at next meeting, a legal review should be done.”
Approve new business licenses received to date:
• Vnives,LLC
• Lincoln County Process Serving
• Kootenai Mountain Store LLC, DBA Naturally Good Things
Ms. Williams MADE A MOTION to accept all new business licenses received to date. Mr. Dufficy SECOND.
Williams, Zimmerman, Smith, Beach, Taylor, Dufficy voted FOR. MOTION PASSED.
Unfinished Business:
Mayor Teske “said IP Negotiations, we haven’t heard from Mr. Payne recently, we will be
getting in touch with him to see if he has come up with a plan to move forward.
Jim Hammons “said that Mr. Payne had contacted him for the last 10 years of the water system costs and grant and cost information on the dam.
DC Orr 1117 Nevada Ave gave his opinion on the designation of the IP settlement.
Mr. Teske “Stated Strick Approve and Add Accept zoning recommendations from the
Planning Board.” This was the recommendations that were brought to the Council from the Planning Board for Zoning.
Mr. Williams “Stated that there are amendments that need to be made to the documents as we have them, and she is not comfortable accepting them as written.”
Mayor Teske “Asked if there is the intention of changing the prior to recommendation” Ms. Smith “Stated that it’s the council turn to make an amendment.”
Mayor Teske “Stated that all we are doing is accepting the recommendation from the
planning Board, we are not approving anything.
Mr. Zimmerman MADE A MOTION to Accept Zoning recommendations from the Planning Board. Ms. Smith, SECOND.
Council Discussion Follows
Williams, Zimmerman, Smith, Beach, Taylor, Dufficy voted FOR. MOTION PASSED.
General Comments from the Council:
Mr. Taylor “Stated that he met with Chief Tom Wood on the Lincoln School Mr. Curry was informed on March 2nd, 2017 of 7 violations in Montana State Law and has done nothing to address the issues.
Ms. Smith “Asked What are some of the Violations”
Mr. Taylor “Said Safeguarding a vacant property, Security, Abatement, Unsafe conditions Etc.”
Also, due to collapse, there are photos of inside the building and aerial drone footage of outside the building. He (Curry) has done nothing to respond. Has not contacted Ron Higgins or Steve Lauer, next step to possibly contact City Attorney.”
Mr. Taylor also comments on ways of making the structure safe for the community.
Adjournment:
Mrs. Williams Made A MOTION to adjourn the meeting. Mr. Dufficy SECOND.
Williams, Zimmerman, Beach, Taylor, Dufficy voted FOR: MOTION PASSED.
The meeting ADJOURNED at 7:53 pm.
Attest;
Mayor, Brent Teske Jody Martin Deputy City Clerk/Treasurer