APPROVED MINUTES 1527
The City Council held meeting # 1527 on Monday, October 7, 2019, in the Council Chambers at Libby 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. Taylor, Mr. Dufficy, City Attorney Dean Chisholm, and Utility Billing Clerk Charlotte Luedecke.
Absent were Mr. Zimmerman and City Administrator Jim Hammons.
Prayer offered by Tom Cole.
Approve minutes from Council meeting 1523 from August 5, 2019, were not ready so tabled until the next meeting.
Mrs. Williams MADE A MOTION to approve the minutes from meeting 1525, held on September 3, 2019.
Ms. Smith, SECOND.
Discussion and corrections:
Mr. Dufficy questioned an item on page 5, “Dufficy said the concerns are the building material and the 10% threshold and the public would like a 20 to 25% threshold.” “I think if my memory serves me correctly, it was 50% in talking to the public”.
Mayor Teske said he’ll have her (Audray) go back to the tape to clarify that.
Mayor Teske had a question on page 6; it says, “Ms. Smith said the State had received money for the Volkswagen rechargeable stations” is this Volkswagen specific? Just electric vehicles correct.
Ms. Smith: “Because there was a settlement from Volkswagen, the state got money from the Volkswagen settlement, there was a big kerfuffle a couple of years ago. And that’s where the Volkswagen came in. The recharging stations have nothing to do with Volkswagen.”
Mayor Teske: “So we can scratch Volkswagen from that, so it doesn’t confuse anybody in the future, or does it need to be in there?”
Ms. Smith: “I mean, I probably said it in the minutes, but they are not Volkswagen recharging stations.”
Mayor Teske: “I’ll have her (Audray) double-check on that.”
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, Mr. Dufficy, voted FOR.
MOTION PASSED.
Announcements:
Mrs. Williams asked if snow parking was active. Mayor Teske asked Chief Kessel to address this in his report.
Mrs. Williams said she has the Flathead Electric car; it is a little Chevy Volt that they are allowing people to drive and if anyone is curious about it to see her after the meeting.
Committee Reports:
City Administrators Report: Mr. Hammons was absent but did submit a written report. Mrs. Williams asked a question regarding the patchwork. She noticed it is still broken up on Mineral Ave.
Mayor Teske explained the work is being done by a private contractor, and Mr. Hammons has been in contact with them. He thought they would get done this week, but the weather has not permitted, but they are getting their contractor right on it.
Fire: None
Police: Chief Kessel reported for September 2019 – 313 calls resulting in 45 arrests and 40 citations.
Increases came two-fold; most were crimes against persons and uptake in Fish and Game calls.
We will be ticketing and towing for snow parking.
Ordinances: None
Lights/Streets/Sidewalks: None
Building: None
Water/Sewer: None
Cemetery/Parks: None
Finance: None
KRDC: None
City-County Board of Health: Mrs. Laura Larson – Crismore updated on the following:
Environmental Health: Kathy Hooper updated the Board of Environmental Health personal, Miranda Davis started as an Environmental Health Technician, and a new sanitarian started on September 23rd.
Waste & Disposal Update: The landfill is contracting with Mike Fraiser to do some engineering work including, project maximum usable service life at the landfill, identify future options for the next cell, conduct an economic analysis to determine if current refuse assessments are sufficient for new cell and to prepare a report to present to the study of future needs of the landfill in Lincoln County.
Expansion Application Update: DEQ review is complete, public comment will open soon notifications will be coming.
Groundwater Site: BOH held back awaiting the City’s input, as soon as we hear from you folks, CGW will move forward.
Upper Aquifer Purposed Plan: The Public Meeting held on September 10; those materials are available online.
Asbestos Site: The property evaluation notification regulations update: George Jamison and Virginia are still in the process of updating the draft regulation when done, it will be posted.
Operations & Maintenance Planning Concerns: County has hit some concerning obstacles in owning operations and planning maintenance and are concerned about the ways different groups of property owners will be affected.
Guiding Principles document is available with the 9/11/2019 Board of Health minutes.
Park District Manager of Projects: Tony Petrusha gave his reports as follows:
Pool Project: going to have a meeting on 10/8/2109 to discuss the preliminary design with 3 options, that will provide the ability to make a public presentation on 10/10/2019 at the Community Conversation Program at the Dome Theater. We are on the agenda for that and will go public with our 3 options and get feedback from the community on how they feel about the project and the cost associated with it.
Trails Program: Forest Road 128 and the easement associated with that. I recollect that it was with the City Attorney for review when done, we’ll come back and take it up for a vote.
Just a note, there was a cross country meet at the Cross-Country Ski Course on Saturday. The team from Eureka came down and met with the Libby Logger Cross-Country team. Everyone loved it, thought it is a great facility, and look forward to coming back next year. There were about 60-80 people, and parking was a bit of an issue, we are working on that. Craig Barringer wrote a letter in support of the work going on up there. Anything we can do to get that going will be significant for next year.
Mayor Teske: “What time is the Community Meeting.”
Petrusha: 6:30
Discussion followed on the pool topic.
Mr. Dufficy wanted to go on the record saying, “I have a problem with it being on City property, Just for liability purposes. In case somebody gets hurt or drowns. They’re going after everybody, and the City will be tagged.”
Non-Agenda Items:
D.C. Orr, 1117 Nevada Ave., commented that committee reports are a good thing and a good source of information for the public in the past, though they seem to now consist of just a few words or no report. Orr also mentioned the building that KRDC sold and would like to hear about it.
New Business:
Approve Resolution 1946 – A Resolution requesting distribution of bridge and road safety and accountability program funds.
Ms. Smith MADE A MOTION to approve Resolution 1946 requesting distribution of Bridge and Road Safety and Accountability Program Funds.
Mr. Beach SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve Resolution 1947 – A Resolution of the City of Libby Montana, providing for the amendment of the budget for the Fiscal Year 2019/2020.
Ms. Smith MADE A MOTION to approve Resolution 1947 a resolution of the City of Libby Montana providing for the amendment of the budget for the Fiscal Year 2019/2020.
Mr. Beach SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve to authorize the Planning Board to develop and submit to Council a “City of Libby Wildlife Management Plan.”
Mrs. Williams MADE A MOTION to authorize the Planning Board to develop and submit to Council a City of Libby Wildlife Management Plan.
Mr. Beach SECOND.
Council discussion followed.
Public comment:
D.C. Orr, 1117 Nevada Ave., suggested building a committee for the Wildlife Management plan rather than the Planning Board. Urged to vote no on the motion.
Mr. Dufficy made a motion to table this until we know more about it.
Mrs. Williams withdrew her motion.
Mayor Teske tabled for further discussion.
Approve Payroll and Claims for September 2019.
Mrs. Williams MADE A MOTION to approve Payroll and Claims for September 2019.
Mr. Dufficy SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Approve all business licenses received to date.
Amber’s Cleaning Service
Larimer Construction
Lincoln Lanes Self Storage
SH Courier Service
Mrs. Williams MADE A MOTION to approve all business licenses received to date.
Ms. Smith, SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Unfinished Business:
Approve USFS/City of Libby easement for Flower Creek Road 128.
Ms. Smith MADE A MOTION to approve the USFS/City of Libby easement for Flower Creek Road 128.
Mr. Beach SECOND.
Discussion Followed
Public comment:
Tina Ophilant, 815 Minnesota Ave. Asked Mayor to read the letter from Libby School District Superintendent Craig Barringer. Also, she thinks the easement should be set up as a foundation and noted that she is an officer in the ski club.
Kerrie Beasley, 726 Shalom Dr., Stated that she sat on a founding committee with funds the hospital received about 2 years ago when they gave Dr. Scott funds to start this trail project. Has been told by Dr. Scott that they have found in excess of $300,000 worth of monies that they have put into the project.
D.C. Orr, 1117 Nevada Ave. Has been working on this site, and it is beautiful. Stated that the City has done their share on this, they have given money to the development, given the land or leased the property. The City has given and given. Expressed concern on the maintenance of the road and the costs associated with it.
Ms. Smith, Mr. Beach, Mr. Taylor, Mr. Dufficy, voted FOR.
Mrs. Williams OPPOSED.
MOTION PASSED.
IP Negotiations
Mayor Teske received a 26-page reply letter from Richard Engle. Thought it had been sent out to council, but it had not. He will send it to everyone, and it can be discussed in depth at the next meeting.
Public Comment:
D.C. Orr, 1117 Nevada Ave. Expressed concerns with Mr. Payne’s involvement in the IP negotiations.
Zoning recommendations from the planning board for the purposed Downtown Business District and Highway Commercial District.
Mayor Teske: “Everyone should have a copy of the most recent draft; that way, everyone is on the same page. We have gone through 4 or 5 Council meetings; this is our draft to present to the public. That being said, we must decide how to move forward with this. I would entertain recommendations or suggestions about how the council wants to move forward with what we’ve gone through as our draft.”
Ms. Smith wants to amend items in the Highway Commercial District as follows:
Page 1- 17.25.0320- USE
Sub J – amend to exclude urgent care facilities.
Council discussion and public comment followed.
Strike ALL Conditional Sub-A in its entirety.
Council discussion and public comment followed.
Also, strike Sub – C
Page 4 17.25.070 – Landscaping – strike that clause.
Council discussion and public comment followed.
Clarify language in 17.24.150 Vacant Lots
Council discussion and public comment followed.
Dufficy – MADE A MOTION to strike “PAVED.”
Beach – SECOND
Beach, Dufficy, and Taylor voted FOR.
Smith and Williams OPPOSED.
MOTION PASSED. “PAVED” will be stricken.
Downtown Business District
Mayor Teske: “Everyone has the most recent copy of that dated 8/19/2019
Ms. Smith: Purposed amendments:
Page 2, section 17.24.050 strike Conditional Use Sub -A. Strike the entire paragraph and renumber accordingly.
Council discussion and public comment followed.
Page 4, 17.24.110 – Materials – increase the percentage from 10% to 50%
Council discussion and public comment followed.
Ryan Andreasen- Timberline Auto: Stated if the 50% remodel rule does not apply to the Highway Commercial District, then it should not apply to the Downtown Business District either. Also, the 10% landscaping for the Downtown Business District, if this was eliminated from Highway Commercial District then should be removed from Downtown Business District as well. There is not a lot of parking as it is.
Mayor Teske asked for Council discussion on making this consistent.
Ms. Smith MADE A MOTION to strike the 10% landscaping for 17.24.050 sub D.
Mr. Beach SECOND.
Discussion and Public comment followed.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Mr. Dufficy MADE A MOTION to strike 14.24.110 Materials in its entirety.
Mr. Taylor, SECOND.
Mrs. Williams stated that she would like to leave the pre-engineered building systems and work with that somehow in some shape or form.
Ms. Smith offered a friendly amendment to Councilman Dufficy, strike the language in italics, strike A & B, and leave provision C which addresses the biggest concerns for building materials downtown.
Mr. Dufficy Amended his motion to strike the language in italics and everything to Sub C.
The public comment followed.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
MOTION PASSED.
Mr. Dufficy MADE A MOTION to strike the word transparent from 17.24.130 – Fencing
Mr. Taylor, SECOND.
Council discussion followed.
Mrs. Williams, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
Ms. Smith OPPOSED.
Mr. Dufficy MADE A MOTION to strike subsection B in 17.24.120 Awnings.
Council discussion and Public comment followed.
Mr. Dufficy WITHDREW the motion on 17.24.120 Awnings.
Mayor Teske, “What we will do is take this back and redraft with the changes and present it to the public again. That way everybody is on the same page. We did have some confusion at the last one, and some folks had earlier copies where some of those changes have already been made. So, that is why I’m trying to get the most current and have dates on them and get copies out there.”
Mrs. Smith MADE A MOTION to Adjourn.
Mr. Dufficy SECOND.
Mrs. Williams, Ms. Smith, Mr. Beach, Mr. Taylor, and Mr. Dufficy voted FOR.
Meeting adjourned at 9:15 pm
_________________________ _________________________________
Mayor, Brent Teske Charlotte Luedecke, Deputy City Clerk