APPROVED MINUTES
The City Council held meeting # 1525 on Tuesday, September 3, 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, Mr. Zimmerman, Ms. Smith, Mr. Beach, Mr. Taylor, Mr. Dufficy, City Administrator Jim Hammons, and City Attorney Dean Chisolm.
The prayer was offered by Mark Smith.
Mr. Beach MADE A MOTION to approve the minutes from Meeting 1522, held on July 15, 2019.
Mrs. Williams, SECOND.
Williams, Zimmerman, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Mrs. Williams MADE A MOTION to approve the minutes from Meeting 1524, held on August 19, 2019.
Mr. Beach SECOND.
Williams, Smith, Taylor, and Dufficy voted FOR.
Zimmerman ABSTAINED.
MOTION PASSED.
Announcements:
Mayor Teske invited the community to welcome home First Class Special Forces Army Beret Brian Sharp, wounded in Afghanistan. The parade will start at 11:00 am at the bottom of Whiskey Hill, and the community is invited to line Highway 2 down to Riverfront Park. There will be a public presentation at the Veterans Memorial and a picnic to follow at noon at the Fred Brown Pavilion.
Committee Reports:
City Administrators Report: Mr. Hammons said city crews would start paving next week. Hammons and Mayor Teske looked at an asphalt recycler. The machine takes millings and makes excellent asphalt from it, this can be used for small patching jobs. The machine can also use asphalt shingles. The city will investigate grants for the asphalt recycler.
Cemetery/Parks: None.
Fire: For the month of August, there were 7 rural calls, 2 in the rural district. A total of 71 fire calls for 2019. All fire hydrants are flushed.
Police: Chief Kessel reported there were 349 calls for service on the month of August resulting in, 41 arrests, 67 citations, 12 arrests were during Ignite the nights, and 5 DUI were issued.
Resolution/Ordinances: None
Lights/Streets/Sidewalks: None
Building: None
Water/Sewer: Meeting Friday at noon.
Mike Fraser City engineer stated the city has money for the water projects totaling $ 1,325,000.00 in grant funds received, matched with the city’s $190,000.00, bringing the total project cost to $1,515,000.00. The city is in the process of selecting a grant administrator. The project should be ready to bid in late winter 2020.
The sewer PER is complete; the city needs to decide if they want to do a sewer or water project in the next grant cycle. The sewer system has not had much work in 20 years. There is a local assistance grant program, House Bill 652, that assist towns that are impacted by declining revenues in natural resource industries. Fraser is working on this grant. Mr. Hammons said the digester at the sewer plant needs to be cleaned out, and the bar screen needs replaced.
KRDC: None.
Finance: The final budget will be sent to the county and the state this week.
City-County Board of Health: None.
Public Comment on Non- Agenda Items: None.
New Business:
Approve Street Closure Request for Libby Nordic Heritage Festival on Saturday, September 14, 2019, from 7 am to 1 pm. Lincoln Blvd from Dakota to Idaho, Mineral Ave from 8th St. to 3rd St. though Louisiana and Louisiana up to Lincoln Blvd. * Pamela Peppenger*
Ms. Peppenger asked for the request and use of the street barricades.
Ms. Smith MADE A MOTION for the street closure as requested.
Mrs. Williams, SECOND.
There will be a bus providing free transportation between the chain saw carving contest and the Nordic Heritage Festival.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
APPROVE RESOLUTION 1940-A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LIBBY FIXING THE ANNUAL APPROPRIATIONS FOR THE CITY OF LIBBY MONTANA FOR THE 2019-2020 BUDGET.
Mrs. Williams MADE A MOTION to approve resolution 1940, fixing the annual appropriations for the City of Libby for the 2019-2020 Budget.
Ms. Smith, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
APPROVE RESOLUTION 1941- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LIBBY, MONTANA SETTING SALARIES AND WAGES OF ELECTED OFFICERS, APPOINTED OFFICERS, AND CITY EMPLOYEES.
Mrs. Williams MADE A MOTION to approve resolution 1941 setting salaries and wages of elected officers, appointed officer and city employees for the budget year 2019-2020.
Ms. Smith, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
RESOLUTION 1942-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIBBY MAKING TAX LEVY FOR THE YEAR 2019 UPON ALL REAL PROPERTY IN THE CITY OF LIBBY FOR GENERAL AND SPECIAL PURPOSES.
Mrs. Williams MADE A MOTION to approve resolution 1942, making the tax levy for the year 2019 upon all real property in the City of Libby for general and special purposes.
Ms. Smith, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
RESOLUTION 1943-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIBBY, MONTANA PROVIDING FOR THE BUDGET AMENDMENT FOR THE FISCAL YEAR 2018-2019.
Mrs. Williams MADE A MOTION to approve resolution 1943, providing for the budget amendment for the fiscal year 2018-2019.
Ms. Smith, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
RESOLUTION 1944-A RESOLUTION OF THE CITY COUNCIL DECLARING CERTAIN CITY OF LIBBY PROPERTY AS SURPLUS AND AUTHORIZING TO SALE.
2005, 2007, 2010 Crown Victoria former police cruisers.
Mr. Zimmerman MADE A MOTION to approve resolution 1944 as written.
Ms. Smith, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
APPROVE ALL BUSINESS LICENSES RECEIVED TO DATE.
• Beautifully Smooth.
• Eagle City Tattoos.
• Ekstedt Tree Serve.
• Russel Cellular, Inc.
• Tiffany’s LLC.
Mrs. Williams MADE A MOTION to approve all business licenses received to date.
Mr. Dufficy, SECOND.
Ms. Smith wants the zoning section of the business licenses marked off.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
APPROVE ALL CLAIMS AND PAYROLL FOR AUGUST 2019.
Mr. Zimmerman MADE A MOTION to approve all claims and payroll for August 2019.
Mrs. Williams, SECOND.
Williams, Zimmerman, Beach, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
UNFINISHED BUSINESS:
Approve the United States Forest Service /City of Libby Easement for Flower Creek RD 128.
Mr. Petresha and Mr. Peterson will attend the September 16, 2019 meeting to answer questions from the council. Item will be TABLED.
IP Negotiations.
Mayor Teske has not heard from Mr. Payne on the counteroffer letter that he sent to the International Paper.
Zoning recommendations from the planning board for the purposed Downtown Business District and Highway Commercial District.
Ms. Smith presented the council with an updated Downtown Business District.
Mayor Teske asked the council to review the draft, so there were no points of contention.
Mr. Dufficy requested one more public hearing before the final vote because of concerns from the public.
Ms. Smith said, “We have already had a public hearing.”
Mrs. Williams said, “They could have come to the council meetings if they had concerns.”
Mayor Teske said, “We have been doing this for a year and a half why haven’t they come forward before now?”
Mayor Teske asked,” Does the council wants to approve these separately or as a package?”
Dufficy wants it voted on separately.
Smith wants it voted on as a package.
Williams said, “There has not been much discussion from the public on the Highway side of the proposal.”
Smith “There has been much public involvement, I find this perplexing. We have already made changes based on public comments.”
Teske asked, “Do you know what the issue is?”
Dufficy said the concerns are the building materials and the 10 % threshold, and the public would like a 20 to 25 % threshold.
Smith said, “This provision was in there from the beginning, and there has been no public comment on this issue. The issues that the public commented on, we have already addressed.”
Mayor Teske asked council again, “Do you want to put this on the agenda individually, as a package or until we are finished with all these points of discussion?”
Beach said, “Let’s give whoever has an opinion two weeks to come to the meeting, then we will adjust our decision, and we will vote on it the following meeting.”
Mayor Teske said, “We will work on the Highway District tonight, have public comment at the September 16th meeting and have a final vote on October 7th.”
Council then went through line by line the updated version of the Downtown Business District.
Mrs. Williams left the meeting.
Council recessed at 8:00 pm.
The council resumed at 8:05 pm.
The council started a discussion on the purposed highway commercial district.
17.25.010-Change to non-conforming rights.
17.25.020-USE-Prohibited
L. Adult Book Store. Adult Retail Store.
MAYOR TESKE CALLED FOR A VOTE.
Zimmerman and Smith voted FOR.
Taylor, Dufficy, and Beach voted AGAINST.
MOTION FAILED.
17.25.020 (A) Casinos 1. Changed to 20% total square foot of the building.
17.25.020-Use- Auto Repair 2. Service Bays.
Mr. Taylor disagrees with the wording; it eliminates many businesses.
Mayor Teske said, “The final consensus of the council, is to finish the highway draft at the next meeting and present both the downtown and highway for a final vote at the Oct 7th meeting.”
General Comments from Council:
Ms. Smith said the state had received money for the rechargeable stations. The grants will be administered through the DEQ and will require a 10% match. The city needs to determine if the station will go on the parking lot at Fireman’s Park and how to address any ongoing costs?
The city can put a credit card machine on the station or put up a donation box or offer the service to help with tourism.
Council discussion followed.
ADJOURNMENT:
Ms. Smith MADE A MOTION to adjourn.
Mr. Dufficy SECOND.
Smith, Zimmerman, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Meeting adjourned at 8:34 PM
__________________ Attest; ______________________
Mayor Brent Teske Audray J. McCollum, City Clerk/Treasurer