APPROVED MINUTES
The City Council held meeting #’1523 on Monday, August 5, 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. Beach, Mr. Zimmerman, Mr. Dufficy, Mr. Jim Hammons, City Attorney Dean Chisholm, and City Clerk/Treasurer Audray McCollum and Mr. Taylor was absent.
Approve minutes from Public Hearing Updating PER Sewer held on Monday, July 1, 2019.
Mr. Zimmerman MADE A MOTION to approve the minutes from Public Hearing Updating PER Sewer held on Monday, July 1, 2019.
Ms. Smith, SECOND.
Mayor Teske asked for discussion or corrections
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Zimmerman, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve minutes from Public Hearing in compliance with MCA 76-2-307, a Joint Public Hearing of City Council and Planning Board held on Monday, July 8, 2019.
Mrs. Williams MADE A MOTION to approve the minutes from the Public Hearing in compliance with MCA 76-2-307, a Joint Public Hearing of City Council and Planning Board held on Monday, July 8, 2019.
Ms. Smith, SECOND.
Mayor Teske asked for discussion or corrections
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Zimmerman, and Mr. Dufficy voted FOR.
MOTION PASSED.
ANNOUNCEMENTS:
Mayor Teske reminded that it is very dry and to be fire aware.
Committee Reports:
City Administrators Report: Mr. Hammons reported that there had been a significant water leak last Thursday around 4:15 am. By the time he arrived, water was on Idaho, Main, and California. The crew dug it up and put a temporary patch for the night. On Friday, they finished by putting in two Valves and teeing off the other lines. There was an old T, that was cut off, capped and abandoned, and there was 6″ of water just blowing out of the line. The whole street has been lifted and needs to be repaired.
The week before, a hot water tank pipe broke and flooded the athletic center. That happened in the early morning around 3:30 am. They were down about a week, reopening on Friday.
Crews have filled holes in the streets and are now getting ready for paving.
Mayor Teske noted they were working on a small leak at the 500 blocks of Main Ave. by the sheriff’s office.
Ms. Smith asked the status of the Wayfinding signs.
Mr. Hammons said he has sent an email but has not gotten a response. Mayor Teske said last we knew they were being manufactured.
Ms. Smith asked if everything was fine regarding the grant part of the Wayfinding signs. Mr. Hammons said that he had updated the grant.
Mr. Dufficy asked who manufactured the signs.
Mr. Hammons stated that it was a private contractor.
Fire: None
Police: Chief Kessel reported they had 346 calls in July, up from 308 the previous year, 45 citations up from 36 last year, 22 arrests up from 19 last year.
Mr. Dufficy asked if there was a breakdown or pattern regarding the arrests.
Chief Kessel stated they was anything from DUI, domestics, no spikes. Police are gearing up for Ignite the Nights will have foot patrols during the cruise. Reminder there is no variance for alcohol on streets or sidewalks.
Cemetery: None
Finance: Mrs. Williams reported there would be a final budget meeting on Thursday at noon.
KRDC: None
City-County Board of Health: Mayor Teske stated there is a meeting on August 14 or 15. A report will follow.
Public Comment on Non- Agenda Items: None
New Business:
Approve Noise variance for the VFW on Friday, August 16, and Saturday, August 17 until 1 am *Jule Mason *
Ms. Smith MADE A MOTION to approve the noise variance for the VFW on Friday, August 16, and Saturday, August 17, until 1 am.
Mr. Zimmerman, SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Zimmerman, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve contract with Justice Court for City Court Services.
Judge Briggs notified the City of her retirement effective August 9th. The opening posted, six applications were received, and Justice Court expressed an interest in an interlocal agreement to conduct city court for the City of Libby.
Mrs. Williams MADE A MOTION to approve the proposed Inter Local Agreement and authorize the Mayor to sign the agreement, substantially and in conformance with what was presented.
Mr. Dufficy SECOND.
Council discussion followed.
Mrs. Williams: asked if she should amend her motion to include authorization for Mayor to sign the Inter Local Agreement.
Mr. Chisholm: stated that the motion should include approval for Mayor to sign the agreement substantially and in conformance with what had been presented.
Mrs. Williams: “What he said”
Kenny Rayome: 1314 Dakota Ave.- Introduced himself as a member of Local # 3034. He said the one downside of this, is the loss of a job in Libby as well as a Union position, overall everything else is a good thing.
Judge Sheffield: he will get together with Judge Briggs, Mr. Chisholm, and the clerk to get files and discuss the transition of City Court to Justice Court in the next few days.
Motion Passed.
Zoning recommendations from the Planning Board for the proposed Downtown Business District and Highway Commercial District.
Mayor Teske: stated he would go through this line by line, just as we did with the Council Rules and Procedures. Teske asked if the Council wanted to start with the Downtown Business District or the Highway Commercial District.
Mr. Beach said Downtown Business District
Mayor Teske: Downtown it is.
Mayor Teske began with Chapter 17.24
17.24.010 – Grandfather Clause
Mayor Teske: stated his concerns of the Grandfather clause being in parenthesis but believed it should be a legal term of nonconformance or, however, it’s legally identified.
Ms. Smith: Concurred with Mayor Teske, it has been a constant struggle of hers. Also stated there is a complete chapter on nonconforming rights, it is chapter 17.33. This chapter covers everything in that paragraph. In her opinion, this does not belong within the district because it is universal to all districts. So, to have it in this district and not the other 10 districts seem odd when there is already an umbrella 17.33 that covers the district.
Mrs. Williams: agreed with that, except there is one of the things that has caused the public a lot of “heartburn.” Maybe it is the fact that that 17.33 needs to reference, or maybe it’s because the language in 1987 needs to have something rewritten in it that will more clearly explain to the public what they need to hear as far as “Grandfathering” something in.
Mayor Teske: – What I’m understanding is, this is explicitly added to the Downtown Business District even though it is already covered genetically over the whole range of zones, correct? Does it still need to stay identified strictly there or defined in every zoning section or once and applied to all?
Ms. Smith: Said that’s what she was getting at. And that is typically how it is done.
Mrs. Williams – If people go to that chapter, they would not understand. That seems to be where the disconnect is coming from. They are referred to this nonconforming thing, and it doesn’t read the way they understand or need it to read.
Mayor Teske: Are you saying we need to rewrite 17.33?
Mrs. Williams: It should be checked out, removing it could cause many issues. Unless it is clearly understood that it has been covered, this clause addresses 90 some percent of the problems people have. If it’s removed, it will cause concern unless it is made very clear.
Ms. Smith: As suggested by the Mayor, say nonconforming uses in parenthesis in the Grandfather Clause.
Mayor Teske: then 17.24 would have to accurately reflect 17.33 as that is going to be the basis for other zones nonconformance, Correct? They must coincide with each other; otherwise it will be how come it is specific to this zone. We need to work around this so we can cover that base, but not over cover it. Either we adopt it as nonconformance for all zones or attach it to every zone. Not sure what would be better or for the public to understand.
Mrs. Williams: If we attach it to the Downtown, we will need to connect it to the Highway as well, for everyone’s peace of mind. The separate section on nonconformance is written in such a manner that it doesn’t relate to what people want or comprehend.
Mayor Teske: Are you suggesting a rewrite?
Ms. Smith: Need to inform people of what it means and make a clear connection. I want Dean Chisolm to weigh in on advice or direction.
Mr. Dufficy: Is there a problem with the semantics of the Grandfather Clause?
Ms. Smith: Stated this is not a legal term.
Mr. Dufficy: Everyone understands the term Grandfather Clause, is there anything wrong with leaving this term as is.
Mayor Teske: Do we attach the Grandfather Clause to 17.33 in parenthesis, so everyone will know where it is and that it applies to entire zoning process or leave this one here just for the Downtown area. It seems counterproductive that we identify this in one location, yet there is a whole chapter that covers the same issue.
17.24.020 – Purpose and Intent – no corrections
Back to 17.24.010
Ms. Smith: Will refer to 17.33.020, also put some provisions together.
Mayor Teske: Make sure to put nonconforming/Grandfather Clause. Let’s not lose that in the terms, so we don’t confuse people.
Everyone is good with corrections.
17.24.030 – Permitted Uses.
Mr. Beach requested a change to section B.
Council discussion
Change section B to read: Automotive trailer sales, services, and maintenance, excluding semi-trailer trucks and trailers.
17.24.050 – Conditional Uses
Mr. Dufficy purposed a change of square footage from 15% to 20% of the building. (A- Casinos section 1 gaming area)
Mayor put this to a vote of 15% – 20% for (Mrs. Williams and Ms. Smith) 3 opposed (Mr. Zimmerman, Mr. Beach, and Mr. Dufficy).
PASSED to 20% of square footage.
17.24.060 – Height
17.24.070 – Setbacks / Build to Lines
17.24.080 – Building Footprint
17.24.090 -Loading and Unloading
All Good
17.24.100 – Façade
Mr. Dufficy: Would like changes to section E, to include artwork be added in the architectural design.
Mayor Teske: Ms. Smith will review minutes on this point of discussion and take into consideration Mr. Dufficy position on art.
Approve all Business Licenses Received to Date:
• K.V.C.S. Quality Thrift, 505 Mineral Ave., Sell quality used items.
Ms. Smith MADE A MOTION to approve all new business licenses.
Mr. Beach SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach. Mr. Zimmerman and Mr. Dufficy voted FOR.
MOTION PASSED
Approve Claims and Payroll for July 2019.
Mrs. Williams MADE A MOTION to approve claims and payroll for July 2019.
Ms. Smith, SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach. Mr. Zimmerman and Mr. Dufficy voted FOR.
MOTION PASSED.
Unfinished Business:
Approve United States Forest Service/City of Libby Easement for Flower Creek Road.
Mr. Dufficy: requested this be tabled until Mr. Taylor is present.
Mayor Teske tabled until all council members are here.
IP Negotiations.
Mayor Teske: Mr. Payne is drafting a reply letter to IP. Mayor Teske will get it to council.
Mayor Teske contacted Andrew Schmitt from EPA regarding the letter sent to the Board of Health requesting a pause on proposing the CGA and the purpose.
Jim Hammons and Audray have been in contact with Mr. Payne about some figures, how much the dam cost, and some engineering costs.
General Comments: None
Adjournment:
Mrs. Williams MADE A MOTION to adjourn.
Mr. Dufficy SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach. Mr. Zimmerman and Mr. Dufficy voted FOR.
MOTION PASSED.
Meeting ADJOURNED at 8:24 pm.
___________________________ _______________________________
Mayor, Brent Teske Deputy City Clerk/Charlotte Luedecke