approved minutes
The City Council held meeting # 1526 on Monday, September 16, 2019, in the Council Chambers at City Hall.
The meeting was called to order at 7:00 pm by Mayor Brent Teske.
Present were Ms. Williams, Ms. Smith, Mr. Zimmerman, Mr. Beach, Mr. Taylor, Mr. Dufficy, Utility Clerk Jody Martin. City Administrator Jim Hammons & City Attorney Dean Chisholm and Clerk Audray McCollum were absent.
Announcements: Mayor Teske noted the successful weekend downtown, the wood carving event went well, a lot of art was sold.”
Committee Reports:
City Administrators Report Jim Hammonds has been in out paving, won’t be at this meeting
Fire: None
Police: None
Resolutions/Ordinances: None
Lights/Streets/Sidewalks: None
Building: None
Water/Sewer: Mr. Zimmerman said there will be a meeting possibly later in the week or next to go over sewer rates.
Cemetery/Parks: Ms. Williams said that when the pocket park was put together on Mineral Avenue, it was purposed to name the park after Chief Ferdinand Bachman, the only officer to fall in the lines of duty. Things have been slow but still moving forward.
Finance: None
KRDC: None.
City-County Board of Heath: None.
Park district manager: Tony Petrusha, 559 Florence Rd, updated the council on the Aquatic Center. There were 3 different options given as far as design and cost.
Petrusha said it would be around 150-300,000 annually.
The development of the greater area trails plan continues to show progress. The DNRC gave an environmental assessment approval for sections 16 & 20 on Flower Point; the request was to install an off-road bicycle course and mountain bike trails.
Petrusha stated that he feels a little tension between himself and the council about how often he should be making reports or updates. He is willing to do the monthly agenda but feels monthly could be repetitive.
Mayor Teske said that it is in the original contract to be giving a monthly update but feels that if things are repetitive, so we don’t require monthly updates.
Mr. Petrusha said there was nothing in the agreement about periodic reports, just report to the Libby Parks District and the City Administrator or who represents the county. We all need to be on the same page.
Mr. Petrusha said the Bridge of Voices is ongoing, an architect drawing proposal is up. The project is moving very slowly.
Public Comment on Non- Agenda Items:
DC Orr, 1117 Nevada Ave, said he wants to talk about transparency, and rumors of cash receipts from Fireman’s Park. Wants to address rumors of current corruption in the city government by a city employee.
New Business: Approve United States Forest Service/City of Libby Easement for Flower Creek Rd. 128.
Mayor Teske stated (easement) this would be more fitting for what we are looking for. Mayor Teske explained briefly that the City has never had an easement but had been allowed access for monthly inspections and testing at the Dam, with it being new, not a lot of traffic from us. More of the traffic would-be cross-country ski club who approached us with this easement to have access and develop the road.
Mark Peterson, US Forest Service, updated the council of the kind of easement the City needs and gives all rights and abilities and obligations. Stated would like to provide some time to think about this look at this and think about it to see what’s in the city’s best interest. Another option would be a permit, it would be under a different authority and a lot of clauses, and you would be limited and could potentially cost some money. Peterson said to let them know within 30 days.
Mayor Teske asked for Council discussion or hold for review to move forward.
Since this version has not been reviewed by legal counsel the matter was tabled for legal review and will be on the agenda for October 7th.
Ms. Smith asked if there is room for the City to negotiate the language or provisions.
Mr. Peterson said this is a standard format, the Forest Service does occasionally change the wording, but would rather not, the city would have to say why they can’t follow under the terms, and it would be a lot of work.
Mayor Teske asked for public comment.
DC Orr 1117 Nevada Ave said there needs to be more information before deciding.
Approve a request from Libby Hotel to have the city of Libby apply for partial grant funding for a preliminary architectural report (PAR) for the rehabilitation of the Libby Hotel. The Libby Hotel, in cooperation with KRDC, will complete the application for submission by the City. Both Grants must be submitted by the City of Libby per application guidelines.
Gail Burger, Libby Hotel, 302 California Ave. is looking to take an aggressive approach to the restoration of the hotel. A lot of work has been done, but more needs to be done and the project is not where it needs to be, KRDC has been asked to help to see what can be done together. Libby Hotel is working on the PAR and a couple of other grants. The plan is to restore the Hotel to the 1930s.
Mrs. Williams asked Ms. Oliphant to walk the Council through the process of applying for these grants.
Tina Oliphant 815 Minnesota Avenue gave the council a brief review of the grant process, including filling out the application which Ms. Oliphant will do most of, but someone from the City needs to be available to answer questions.
Mrs. William asked what the City’s responsibility as signer, what responsibility does the City assume. Oliphant replied compliance, in giving information as needed.
Mayor Teske asked if there was any (financial) match from the City. Oliphant said no, there is no financial obligation from the city.
Mr. Zimmerman MADE a MOTION to approve the request from the Libby Hotel and have the city apply for partial grant funding of a PAR for the rehabilitation of the Libby Hotel.
Ms. Smith, SECOND.
Mayor Teske asked for any further council discussion.
Ms. Williams said it should be stated that the City has no projects to apply for, so it’s not a conflict.
DC Orr 1117 Nevada Ave said he has mixed signals with KRDC writing the grant, asked if they are getting paid. Oliphant said KRDC could not be the submitter of the applicant; they should be getting technical assistance, ideas to help with the writing; they are not getting paid to write this grant.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED
Amend Resolution 1943- A Resolution of the City Council of the City of Libby, Montana, providing for the Amendment of the budget for the fiscal year 2018-2019.
Mayor Teske said this is an Amendment to decrease revenue 2959 by $53,926.66 for the wayfinding signs. Mrs. Williams said it was put in the budget, and it didn’t happen, so we must amend budget.
Mrs. Williams MADE a MOTION to approve resolution 1943 providing Amendment for the budget for fiscal year 18-19 regarding the wayfinding sign
Mr. Beach SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
Resolution 1945-A Resolution of Intention to cancel November 5, 2019, General Election of certain Municipal Officers.
Mayor Teske explained that the state passed a law that if there are no contested electors in an election that municipalities don’t have to hold an election for cost purposes, this year, there were 4 seats, the incumbents filed, and no one else did.
Ms. Smith MADE A MOTION to adopt Resolution 1945.
Mr. Zimmerman, SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
Unfinished Business:
Mayor Teske said regarding IP negotiations, the only thing that we have gotten is an email from Mr. Payne saying that he hasn’t heard anything back from IP.
Mayor Teske asked if there is any council discussion or public comment.
DC Orr 1117 Nevada, there was an indication of finding new legal representation, Mr. Payne is not under contract, why is the City still using Him. Mayor Teske said in discussion with our attorney, the way the agreement was written and put in place there is no way we can get out of the current contract. Council had discussion and agreed to move forward with Mr. Payne being representing attorney in this new contract.
DC Orr 1117 Nevada Ave asked if the lawyer’s recommendation in writing. Mayor Teske said he believes so, Yes.
Zoning recommendations from the Planning board for the Proposed Downtown Business and Highway Commercial District
Over the last couple of meetings, the council started breaking down Downtown Business District into individual components; there are changes being made and close to being finalized, current work is on the downtown business district.
Mayor Teske went over zoning recommendations.
Council Discussion and Public Comment Follow.
General Comments from the Council:
Ms. Williams wants to make sure the wildlife management plan doesn’t get dropped. She mentioned how to manage to create a position of a compliance officer, what it needs to look like, and how to pay for it.
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 9:36 pm.
______________ Attest; ______________________________
Mayor, Brent Teske Jody Martin Deputy City Clerk/Treasurer