APPROVED MINUTES
The City Council held meeting # 1533 on Monday, January 6, 2020, 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. Beach, Ms. Smith, Mr. Taylor, Mr. Dufficy, City Administrator Jim Hammons, City Attorney Dean Chisholm, and Deputy Clerk Charlotte Luedecke.
Absent were Mr. Zimmerman and City Clerk/Treasurer Audray McCollum.
Mr. Erik Schertel offered the prayer.
Approve minutes from meeting 1531, held on December 2, 2019
Ms. Smith MADE A MOTION to approve minutes from meeting 1531, held on December 2, 2019.
Mr. Beach SECOND.
Ms. Williams, Ms. Smith, Mr. Beach, Mr. Dufficy, and voted FOR.
Mr. Taylor abstained due to not being present at that meeting.
MOTION PASSED.
Announcements:
Boy Scouts are here to observe as they are working on their Citizenship Merit Badges.
Committee Reports:
City Administrators Report: Jim Hammons reported that there had been one water leak that did not amount to much and was taken care of right away.
The digester was cleaned. It had not been done in 20 something years; by the end of the month, the screw press should be running again. Hopefully, this makes a big difference in the efficiency of the screw press.
Discussion followed.
Cemetery/Parks: None
Fire: Mr. Taylor reported that there were 8 calls in the month of December: 2 in the City, 5 rural and 1 outside of City or RFD. There were 104 calls in 2019.
Police: Chief Kessel reported: 284 calls, 27 arrests, 32 citations. As of January 2nd, Officer Ian Smith has completed his 12-month probationary period, is now full time and doing well.
Lights/Streets/Sidewalks: None.
Resolution/Ordinances: Nothing at this time, will be scheduling a meeting soon.
Building: Nothing currently. Will meet in the next week or so. Talk about upcoming projects.
Water/Sewer: None
KRDC: Tina Oliphant gave the council a copy of the feasibility study regarding Asa Wood School for their review. It is the school board’s decision to sell the Asa Wood facility. Ms. Oliphant stated she was given this document to start getting it out there as it is a public document.
Mayor Teske stated that he was sent an electronic copy of the document and would have Audray put it on the website.
Discussion followed.
Finance: None
City-County Board of Health: Dillon Tabish, Regional Information and Education Program Manager, at Fish Wildlife and Parks (FWP) presented at the December 11, Board of Health meeting regarding Chronic Wasting Disease (CWD). Per the County Health Department, there is an increase in flu cases, primarily Influenza B. Per the Department of Public Health and Human Services December 21 report, Lincoln County has the 2nd highest amount in the state (43 in Yellowstone County, Billings has 77). Just be careful and wash your hands.
The County has been invited to apply for a $150,000 grant titled the Meadowlark Initiative. This initiative brings together clinical and community teams to provide the right care at the right time for patients and their families, improve maternal outcomes, reduce newborn drug exposure, neonatal abstinence syndrome, perinatal complications, and keep families together and children out of foster care. The submission deadline was December 31, 2019, so we should hear within the next few weeks if it is awarded to Lincoln County.
There has been some community response to Asbestos Resource Program Manager, Virginia Kocieds’s, open appointments regarding the Institutional Control Implementation and Assurance Plan. Additionally, the EPA is compiling public comments, and we will share these when completed. The public comment session ended on December 31.
From the question, Mr. Zimmerman had regarding monitoring fires outside of the mine area. Virginia met with Mr. Lauer (Fire Marshall) and Mr. Wood (Fire Chief) to determine what they needed from ARP. ARP is setting up a primer for the volunteer staff on how to recognize Libby Amphibole insulation and vermiculite with a sample box.
Virginia will continue to work with the fire department, and she quoted, “Overall, if EPA stopped these activities because they have evidence that risk is low to the firefighters, then we would need to find supplemental funding. I will investigate and see if these activities could fit within the O&M program that’s being set up.”
Park District Manager of Projects: None
Public Comment on Non- Agenda Items: None
New Business:
Swearing in of elected officials – Peggy Williams, Hugh Taylor, and Rob Dufficy all were sworn and signed the Oath of Office. Mr. Zimmerman will be sworn in at the next meeting.
Elect Council President (Two – Year Term)
Ms. Smith MADE A MOTION to nominate Ms. Peggy Williams for Council President.
Mr. Taylor SECOND
There was no discussion, and nominations were closed.
Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
Mrs. Williams ABSTAINED.
MOTION PASSED.
Reappoint Jennifer Nelson to the Planning Board and Zoning Commission.
Tabled until next Council meeting as the Commissioners due to the holidays have not met, and that seat requires a recommendation from the Commissioners.
Approve City Attorney Contract – Dean Chisholm
Mayor Teske stated that he and Mr. Chisholm had a discussion at the last meeting about the contract and were under the impression that contract was up June 2020 after some investigation discovered it was up June 2019.
Mrs. Williams MADE A MOTION to approve the City Attorney Contract.
Mr. Beach SECOND.
No discussion or public comment.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve City Engineer Contract – Mike Fraser
Ms. Williams pointed out the dates on the contract as of January -December of 2019.
Mayor Teske stated that we will have to change that to 2020. And thanked her for noticing that.
Mr. Taylor MADE A MOTION to approve the City Engineer Contract with Mike Fraser.
Mr. Dufficy SECOND.
No discussion or public comment.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve WGM Contract.
Per an email from Mike Fraser to Mayor Teske:” We are waiting for final grant agreements, so council should approve the administration agreement with WGM contingent on final funding contracts for Renewable Resources, Treasure State Endowment and Community Development Block Grant.
Ms. Smith MADE A MOTION to approve the WGM contract contingent on final funding contracts
for Renewable Resources, Treasure State Endowment and Community Development Block Grant.
Ms. Williams, SECOND.
Public comment:
D.C. Orr, 1117 Nevada Ave. Since the transparency mandate came down this council / City Clerk has done a great job of getting the agenda information on the table, this item (WGM) did not make it to the table.
Mayor Teske offered a copy for Mr. Orr personally.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor and Mr. Dufficy voted FOR.
MOTION PASSED.
Ms. Smith asked to refer to the reappointment of Ms. Nelson (item #3 on the agenda) to the Planning Board, could we appoint contingent upon Commissioners recommendation?
Mayor Teske replied that he would rather have their confirmation as that is going to be their appointee, he contacted them on December 11 knowing her term was coming up, that appointment did not happen at their meeting between Christmas and New Year. Mayor Teske touched base with Ms. Benson and had it put back on their agenda.
Approve request by Libby Outdoor Recreation Association (LORA) to construct a parking area adjacent to FS128 on City property. Tony Petrusha Executive Director LORA
LORA is requesting permission to put a parking lot on City property off Forest Road 128. The request refers to the Flower Creek area adjacent to the City water supply. LORA feels the parking lot would be a hub for recreation in that area and the trailhead, creating a big recreational draw for the community. The current parking lot is approximately 100’ x 170’, LORA wants to double that size creating room for 30 cars and for buses to turn around. The lot would be gravel, not paved at this time. The maintenance and construction would be done by others.
Council discussion followed.
Mayor Teske gave an update regarding the Delineation Report that needs to be done before proceeding with any approvals. The City needs to check into the liability concerns of a parking lot, MMIA will be contacted for more information.
Mr. Petrusha stated there were not any pending grants at this time that would be contingent upon this approval.
The item was TABLED.
Although the item was tabled public comment was heard.
The public comment followed with comments from Shane Campbell, 621 Utah
Randy Nixon, 1369 Snowshoe Road
Jennifer Nelson, 1026 Washington Ave.
Jim Wardensky, 1119 Louisiana Ave.
Kenny Rayome Jr. 1314 Dakota Ave. City of Libby Water
Treatment Plant Operator
D.C. Orr, 1117 Nevada Ave.
Mayor Teske expressed his appreciation to Mr. Wardensky (worked in water quality and watershed in the area for 25 years) for sharing information about the Flower Creek area and issues with drainage, a lot of which they had not heard.
Mr. Hammons asked Mr. Wardensky when the culverts were put in up at Flower Creek
Mr. Wardensky replied that a lot of them were put in over the last year and a half.
Approve Kootenai Cross Country Ski Club to pave approximately a half-mile of the existing course trail.
Dr. Scott oversees a ski program currently serving over 100 kids, 3 boys make a 40-mile trip one way from the Yaak, 2 kids are from Eureka. Dr. Scott is building a biathlon range that could bring people from Whitefish and Sandpoint as well as other areas. Dr. Scott requests that the City allow paving of approximately a half-mile of existing course trail to provide year-round training opportunities as well as be a community walking trail accessible to the handicapped.
At this meeting, Dr. Scott was requesting a letter in support of paving, not permission to pave. Mayor Teske pointed out there appears to be two parts to his request, first is the permission to pave the trail and the second for permission for the placement of a vault toilet, pointing out that this is the first council has heard of a letter of support.
Dr. Scott replied a letter of support would allow him to move forward with the grant process.
Council discussion.
Dr. Scott was also seeking a letter of support for the placement of a vault toilet.
Additional council discussion followed.
Mayor Teske said he would entertain a motion for a letter of support only for the paving of the ½ mile of trail.
Ms. Smith MADE A MOTION that the City issue a letter of support to the Libby Nordic Ski Club to pursue funding for the paving of ½ mile of the ski course.
Mr. Beach SECOND.
Public comments from Jennifer Nelson, 1026 Washington Ave., Libby
Randy Nixon, 1369 Snowshoe, Libby
Shane Campbell, 621 Utah Ave., Libby
D.C. Orr, 1117 Nevada Ave., Libby
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted OPPOSED.
MOTION FAILED.
Mayor Teske entertained a motion for the letter of support only for vault toilet placement.
Council discussion.
Ms. Smith MADE A MOTION that we issue a letter of support for Libby Nordic Ski Club to pursue funding for a suitable vault toilet for the location identified on the accompanying map.
Mr. Beach SECOND.
Council discussion
Public comment from Frank Votapka, 70 Boulder Lane, Libby
Tony Petrusha, 559 Florence Road, Libby
Ms. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve the Collective Bargaining Agreement between the City of Libby and AFSCME Libby Montana Municipal Employees Local 3034. July 1, 2019 – June 30, 2021.
Ms. Smith MADE A MOTION to approve the Collective Bargaining Agreement between the City of Libby and AFCME Libby Montana Municipal Employees Local 3034. July 1, 2019 – June 30, 2021.
Mr. Beach SECOND.
Council discussion none.
Mayor Teske advised, “The one thing that the last couple of periods have come up against is timing. The previous Collective Bargaining Agreement started late, and this one started late. So, I’d encourage employees to start negotiations sooner so we can get some of these things taken care of during the fiscal considerations.”
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve all coin-operated amusement device licenses received to date.
Mint Bar
Mrs. Williams MADE A MOTION to approve coin-operated amusement device licenses received to date.
Mr. Taylor, SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve all liquor licenses received to date.
Cabinet Mountain Brewing Co.
Libby Empire Foods
Black Board Bistro, LLC.
Lucky Lil’s Casino of Libby
Lucky Logger Casino of Libby
Town Pump of Libby
Switchback Bar and Grill
Rosauers Food and Drug Center #14
Mint Bar
Mr. Taylor MADE A MOTION to approve all liquor licenses received to date.
Mr. Dufficy SECOND.
Ms. Smith ABSTAINED.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve all business licenses received to date.
Holly Clark Insurance, LLC – 18 Quartz Ave – Health Insurance
Lake Masonry and Stone – 2 Reynolds Drive- Dillon, MT- Concrete, Masonry and Construction
RAB, LLC – 684 Taylor Road – Rental Home
TLC Carpet Cleaning and Restoration – 134 Ski Road – Carpet and upholstery cleaning, pet odor removal, water damage restoration, water extraction.
Item #3 was tabled for further research.
Ms. Smith MADE A MOTION to approve business licenses identified on the agenda as 1, 2 & 4.
Mr. Beach SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve all Claims and Payroll for December 2019.
Ms. Smith MADE A MOTION to approve all Claims and Payroll for December 2019.
Mr. Beach SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor and Mr. Dufficy voted FOR.
MOTION PASSED.
Unfinished Business:
City of Libby Wildlife Management Plan. Meeting planned for 1/15/2020 @ 6:30 @ City Hall.
IP Negotiations.
Mayor Teske stated that he had not heard anything back from Mr. Payne, assuming he has not heard back from IP.
Public Comment: D.C. Orr, 1117 Nevada Ave.
Zoning for the purposed Downtown Business District and Highway Commercial District. – Zoning Commission meeting 1/14/2020 @ 6:00PM @ City Hall.
General Comments from Council – NONE
ADJOURNMENT
Mrs. Williams MADE A MOTION to adjourn.
Mr. Dufficy SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
Meeting adjourned @ 8:35 PM
__________________________ _________________________________
Brent Teske, Mayor Charlotte P. Luedecke/Deputy City Clerk