APPROVED MINUTES
The City Council held meeting # 1511 on Monday, February 4, 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, Mr. Beach, Ms. Smith, Mr. Taylor, Mr. Dufficy, City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons and City Attorney Dean Chisholm.
D.C. Orr offered the prayer.
Ms. Smith MADE A MOTION to approve the minutes from meeting # 1509 held on January 8, 2019.
Mr. Dufficy SECOND.
Mr. Zimmerman abstained.
Williams, Smith, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Mr. Zimmerman MADE A MOTION to approve minutes from Needs of Community (CDBG Grant) from January 22, 2019.
Mr. Beach SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Announcements:
The Annual Montana Municipal Elected Official Insight Workshop is May 7-9 in Bozeman, deadline to register is April 24, 2019. Mayor Teske recommended all council members attend.
There will be a Planning Board meeting Monday, February 11, 2019, 6:00 pm at City Hall.
Committee Reports:
City Administrator: Mr. Hammons reported a company came in and looked at some of the city’s sewer lines. They were able to look through a line by Pizza Hut that had been problematic for about 6 months. The camera discovered a service line that protrudes into the sewer main about 3-4 inches causing problems with blocking the lines. Mr. Hammons would like the city to purchase a camera but probably will not be able to afford one outright, so will need to make payments.
The Sewer Department is having the pump on the jet truck rebuilt and are hoping once we get it back the pressure is good enough, to buy better attachments that can go inside the mains and cut roots out of sewer mains.
Hammons said “Another good thing about the camera is that it tells exactly how far we need to dig rather than tearing up the whole street. We will be looking at purchasing one with this year’s budget.”
Fire: There were 4 calls for January 2 in the city and 2 rural.
Police: Chief Kessel reported there were 216 calls in the month of January, 16 citations were issued, and 21 arrests were made. Officer Dewitt will be back to full duty as of Friday. Officer Smith is doing well at Police Academy.
Ordinances: None.
Lights/Streets/Sidewalks: Mr. Beach said the committee met last week to discuss paving projects and possibly drafting a declaration standard operating procedure for downtown. Committee will probably meet again next week to continue that discussion.
Building: None. Mr. Beach will be calling a meeting to discuss rental agreements and Ponderosa Room agreements.
Water/Sewer: None.
Cemetery/Parks: None.
Finance: Ms. McCollum said the FY-18 Annual MDA report were in council packets; this gives a brief summary for 2018. Copy of the full Annual Financial report are available upon request. Denning and Downey are working on FY 17 and FY18 audit.
KRDC: None
Public Comment on Non – Agenda Items:
D.C. Orr, 1117 Nevada Ave, requested a copy of the letter from Jennifer Nelson regarding the ski trails. Orr would like to see the city broadcast council meetings live for the public to view.
Bruce Weatherby, 1006 W. 9th Street, asked if a copy of the financial report be put on the city’s website.
New Business:
Anti – Displacement, and Relocation Assistance Plan.
Ms. Smith suggested using the word mandate rather than the word encouraging in the first bullet of the document.
Ms. Smith MADE A MOTION to adopt the Anti – Displacement and Relocation Assistance Plan.
Mrs. Williams SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Accept Resolution 1932- A RESOLUTION OF THE CITY OF LIBBY IS APPLYING TO THE MONTANA DEPARTMENT OF COMMERCE FOR FINANCIAL ASSISTANCE FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)TO REPAIR CRITICAL WATER DISTRIBUTION SYSTEM DEFICIENCIES IN THE CITY. THE CITY OF LIBBY HAS THE LEGAL JURISDICTION AND AUTHORITY TO CONSTRUCT, FINANCE, OPERATE, AND MAINTAIN THE CITY WATER SYSTEM.
Mr. Zimmerman MADE A MOTION to approve Resolution 1932.
Mrs. Williams SECOND.
Public Comment:
D.C. Orr, 1117 Nevada Ave., Orr stated “As I understand there are 3 different underground projects, one by Les Schwab, one by the hill (Bowen Hill and Cedar Street) and one by Nevada Ave. and TSEP money will also go into this?”
Jim Hammons said, “The city will not go over budget and if the city does not get the CDBG grant, projects will be cut.”
Mr. Orr said, “These are all good projects, but the city needs to inventory the water lines at the Port Authority, there are big leaks, those lines are from the 50’s & 60’.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Accept Resolution 1933-A RESOLUTION OF THE CITY OF LIBBY, A MUNICIPAL CORPORATION OF MONTANA RECOGNIZING THE CITY’S PLANNING BOARD AUTHORITY TO ACT AS A ZONING COMMISSION PURSUANT TO SECTION 76-2-307 M.C.A AS A ZONING COMMISSION.
Mr. Zimmerman MADE A MOTION to approve Resolution 1933.
Mrs. Williams SECOND.
Mayor Teske said “This has been going on for some time. I have been reviewing minutes as to whether they may be applicable for some time. They have been very vague; what I have found is that in the past the planning board and board of adjustments had made recommendations in the past, but nothing pursuant to actual permission. I could not find anything that said that. We need to resolve this issue and move on. Therefore, the Planning Board has the authority to act as zoning commission and make recommendations to the City Council.”
Mrs. Williams asked, “Did this came out of Mr. Chisholm’s office?”
Mayor Teske said it did.
Mrs. Williams asked, “If Mr. Chisholm had any comments?”
Mr. Chisholm said “Through whatever means there has been an issue raised, regarding whether or not a specific step was taken a decade ago to authorize the planning board to do zoning. While it is unlikely based on conversations with the mayor that we are going to find a videotape of that one step occurring. This appears to be a way to make it part of the record, the fact that the board has the approval to do zoning recommendations much as the board has done over the last decade or so.”
Ms. Smith thanked the mayor for doing all the research.
Public Comment:
D.C. Orr, 1117 Nevada Ave., Suggested the 3rd “whereas” be stricken, there was no need for it. Orr said this resolution was not consistent with laws of Montana. Council needs to follow the law, not rewrite the law.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Approval of New Business Licenses received to date:
GMRG ACO1, LLC (DBA Pizza Hut) – 903 California Ave-Libby, MT-Restaurant /Food Service.
Ms. Smith MADE A MOTION to approve all new business licenses received to date.
Mrs. Williams SECOND.
Williams, Smith, Zimmerman, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Unfinished Business:
Council rules and Procedures (council president)
Ms. Smith said, “The Council Rules and Procedures was nearly flawlessly executed; we need to adopt this and move on.”
Mayor Teske said this will be put on the next agenda for February 19, 2019
General Comments from Council:
Ms. Smith asked about Live Streaming the meetings and if we should pursue this?
Mayor Teske spoke with Montana Sky; the city would need to record the meetings using a smartphone, a have a webpage and Facebook page. If someone would like to pursue it, he is fine with that.
Ms. Smith said, “The City could purchase a smartphone and a tripod and set it up easily.”
Mayor Teske was concerned about the field of view and does not want it to be one-sided.
Mr. Beach said he would investigate live streaming of council meetings.
Ms. Smith said council talked about a resolution for abandoning streets and asked if the resolution was done.
Mayor Teske said they are still working on the resolution.
Mr. Dufficy said, “The state of the Union is tomorrow and would like everyone to tune in.”
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 7:35 pm.
______________ Attest; ______________________________
Mayor, Brent Teske Audray McCollum City Clerk/Treasurer
Transcribed by Charlotte Luedecke