1507

APPROVED
The City Council held meeting # 1507 on Monday, December 3, 2018, in the Council Chambers at City Hall.
Call to Order:
The meeting was called to order at 7:00 pm by Mayor Teske.
Present were Mrs. Williams, Ms. Smith, Mr. Zimmerman, Mr. Beach, Mr. Dufficy, Mr. Taylor, City Clerk Audray McCollum, City Attorney Dean Chisolm and City Administrator Jim Hammons.
Bill Sontg offered prayer.
Mr. Beach Made a Motion to approve the minutes from meeting #1506 held on November 17, 2018.
Ms. Smith SECOND.
Mr. Dufficy stated on page three; paragraph nine the minutes should reflect his statement “all I did was give businesses the information and ask that they attend the meetings, to be informed.”
Smith, Zimmerman, Beach, Dufficy, Taylor voted FOR.
Williams ABSTAINED.
MOTION PASSED.
Announcements: Mayor Teske said the Environment Protection Agency awarded the City of Libby with two awards. The Riverfront Park Project and Excellence in Site Reuse 2018 Region 8.
December 17 there will be a Needs Assessment Public Hearing at 6pm. This is open to the public and part of the CDBG grant process; Mayor Teske invited the public to attend.

Committee Reports:
City Administrator: Mr. Hammons said the city crews have been patching alleys in the downtown district. The new trash cans have been placed on Mineral Ave.
Fire: LVFD responded to two calls in the month of November both in the rural district.
Police: Chief Kessel reported there were 234 calls for service in the month of November.Resulting in 32 arrest, 33 citations, and 5 DUI’S. 3 out of the 4 new patrol cars are done, with the 4th one being finished this week.
Resolutions/Ordinances: None.
Lights/Streets/Sidewalks: There will be a meeting next week to discuss abandoned alleys.
Building: None
Water/Sewer: None.
Cemetery/Parks: None.
Finance: Mayor Teske gave the 1st quarter report for FY 2019. The City of Libby is under Budget for expenditures, and the revenue budget is over.
KRDC: Meeting will be held on December 19.
City-County Board of Health: None.
Planning:Meeting December 10 to discuss how to review a subdivision.
Public Comment on Non- Agenda Items:
DC Orr,1117 Nevada, asked if the council meetings could be streamed on the internet? Mr. Orr asked if anyone had applied for the City-County Board of Health position?
Mayor Teske said no.
Mr. Orr said the city website is a mess.
Mr. Orr wants the council to come up to speed with the groundwater settlement case “it’s about ready to run out and time is running short.”
Mayor Teske said he has the information if Orr would like to review it.
New Business:
Council Approval of Claims and Payroll from November 2018.
Mrs. Williams MADE A MOTION to approve claims and payroll for November 2018.
Ms. Smith SECOND.
Williams, Smith, Zimmerman, Beach, Dufficy, Taylor voted FOR.
MOTION PASSED.
UNFINISHED BUSINESS:
Council approval to send the proposed business districts recommendation back to the City Planning Board for further review to address public comment and any revisions.
Mayor Teske read through past minutes on the creation of the planning board.
Mayor Teske and Mrs. Williams are going through documents at the courthouse to find any material from the county/city planning board split in 1969.
Mr. Taylor asked if the planning board could legally do zoning?
Mayor Teske said he was still looking into this; there was a Board of Adjustments at the time.
Taylor said he would stick with his original motion and wants it to go back to the Planning Board.
Mr. Dufficy referenced MCA code 76-1-221 stating “all board members must be appointed by the mayor and this puts us in a bind, this needs to go back to the planning board.”
Mayor Teske said he would seek legal advice on the prior appointment of board members.
Williams asked, “would there be an issue in tabling this?”
Mayor Teske said no.
Smith said, “ultimately it will come to the ordinance committee because it is a changing of the ordinance.”
Dufficy asked,” if the planning board had the authority to be a zoning commision?”
Mayor Teske said, “we just covered that with Mr.Taylor, and I will look into it.”
Taylor said, “in the MCA code 76-2-307 the Planning Board has to submit a final draft to the council, and this was not done.”
Beach said it was introduced as a draft.
Smith said,” council could modify any draft that comes before it; the planning board is just an advisory board.”
Teske said, “we are trying to decide if this was purposed properly and if it was then we could move forward.”
Public Comment:
DC Orr,1117 Nevada said, “the council had enough time to research; the planning board cannot act as the zoning commision, and the city has never had a proper planning board.”
Larry King, Post 97 American Legion,said any new business needs their own parking. The City of Libby needs to promote new business.
Rod Beall, Post 1548 VFW, said the VFW parking lot is posted and they may have to start towing unauthorized vehicles. Beall would like all businesses involved in the zoning process.
Council Comments:
Zimmerman wants to table the motion.
Smith wants to seek some legal guidance.
Beach wants to seek some legal guidance. Beach wants to continue the relationship with the business community.
Teske said the city is offering an email service to anyone who would like to receive an agenda to contact the city clerk.
Scott Thompson said not everyone does email and the city needs to reach out to businesses on an individual basis.
Teske asked if Thompson would like to be the liaison for that job, Thompson said he would.
Smith said there are less than five vacant storefronts on Mineral Ave.
Dufficy wants the planning board to be formed properly, and the zoning draft to be resolved.
DC Orr, 1117 Nevada, said “business that were here 50 years ago are different than the ones now.”
MOTION WAS TABLED.

Libby Web Site Re-Design:
None
Council Rules and Procedure:
Council went over the updated version of the Council rules and Procedures.
General Comments from the Council:
None
Adjournment:
Mrs. Williams MADE a MOTION to adjourn the meeting.
Mr. Dufficy SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR:
MOTION PASSED.
The meeting ADJOURNED at 8:21 pm.
__________________ Attest; ______________________
Mayor
Brent Teske Audray J. McCollum, City Clerk/Treasurer