APPROVED MINUTES
The City Council held meeting # 1532 on Monday, December 16, 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. Taylor, Mr. Dufficy, City Administrator Jim Hammons, and City Clerk Audray McCollum. City Attorney Dean Chisolm, Mr. Zimmerman, and Mr. Beach were absent.
Announcements:
The Way Finding signs are starting to go up. Some signs have been damaged and had to be sent back for repairs; others will have to wait for spring when the ground warms up, and the post can be set in asphalt.
The Christmas Wreaths were in bad condition, and the city did not have the time to invest in them. A local businessman came forward, Mr. Managhan will take over the task for next year.
Committee Reports:
City Administrators Report: Mr. Hammons said Nash out of Missoula would be cleaning the digester at the sewer plant; this has not been done for 23 years.
Cemetery/Parks: None.
Fire: None.
Police: None
Resolution/Ordinances: None.
Lights/Streets/Sidewalks: None.
Building: None.
Water/Sewer: None.
KRDC: None.
Finance: The Annual Financial Report will be submitted to the state by December 31, 2019.
City-County Board of Health: None.
Park District Manager: None.
Public Comment on Non- Agenda Items:
DC Orr,1117 Nevada, said the Health Board met last week.
Allen Olsen, 336292 Highway 2, recommended the city snowplow Balsam Ave 2 feet wider, allowing a safe walk path for the school kids. Olsen asked the council to consider doing more sidewalk projects from Balsam to the Grade School.
New Business:
APPROVE ORDINANCE 1951-NEW SECTION IN TITLE 5; CHAPTER 4 BUSINESS LICENSES GENERAL PROVISIONS: “FAILURE TO RENEW.” SECOND READING.
Smith MADE A MOTION to adopt Ordinance 1951 amending title 5.04 General License Provisions.
Dufficy SECOND.
Public Comment:
Allen Olsen,336292, Highway 2, recommended signs be posted at city limits, stating business licenses are required.
Williams, Smith, Taylor, and Dufficy FOR.
MOTION PASSED.
APPROVE RESOLUTION 1952-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.
Mrs. Williams MADE A MOTION to adopt Resolution 1952.
Ms. Smith, SECOND.
Ms. Smith said the second as a was a clerical error. The second as a will be stuck out.
Public Comment:
DC Orr, 1117 Nevada, stated when the council passed Resolution 1933, it was not correct. He asked, “Why was the council trying to rewrite the law? Why don’t you follow Montana Law?” Orr suggested that the county and city form a zoning commission and follow the Montana state law.
Williams, Smith, Taylor, and Dufficy FOR.
APPROVE RESOLUTION 1953-A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LIBBY, MONTANA TO INCREASE THE RATES FOR USERS FOR THE MUNICIPAL SEWER SYSTEM.
Mrs. Williams MADE A MOTION to pass resolution 1953.
Mr. Dufficy SECOND.
Williams, Smith, Taylor, and Dufficy FOR.
MOTION PASSED.
APPROVE NOTICE OF PROPOSED SEWER RATE INCREASE AND PUBLIC HEARING.
Ms. Smith APPROVE Notice of Proposed Sewer rate Increase and Public Hearing.
Dufficy SECOND.
Williams, Smith, Taylor, and Dufficy FOR
MOTION PASSED.
APPROVE ALL BUSINESS LICENSES RECEIVED TO DATE.
Pipe Creek Plumbing Co.
Mrs. Williams MADE A MOTION to approve all business licenses received to date.
Mr. Dufficy, SECOND.
Williams, Smith, Taylor, and Dufficy voted FOR.
MOTION PASSED.
UNFINISHED BUSINESS:
City of Libby Wildlife Management Plan.
Mr. Taylor announced there would be a meeting the second week in January in council chambers to review other city’s wildlife management plans.
IP Negotiations.
Mayor Teske has no updates.
Public Comment:
DC Orr, 1117 Nevada, gave his timeline from February 2019 until present about the council discussions on finding another legal counsel to represent the City of Libby in the IP negotiations, other than Alan Payne.
Orr said the council has decided to go with Payne as the City Attorney for the IP Negotiations and not look for another law firm after the council voted in this.
Orr said the city should not be doing business with Mr. Payne.
Mr. Orr asked that all communication with Mr. Payne be in writing.
Orr stated that the Mayor and Council need to be transparent, or he will hold them accountable.
Mayor Teske asked Orr if he received the minutes that he requested where Mr. Dufficy made the Motion and then rescinded his Motion to seek another law firm for the IP negotiations. Orr said he had.
Mayor Teske said, “As far as transparency, everything I receive from Mr. Payne goes out to the council.”
Zoning recommendations from the planning board for the purposed Downtown Business District and Highway Commercial District.
Mayor Teske said, “The step we took tonight was the first step, now we can move on with the purposed downtown business and highway commercial district.”
General Comments from Council:
ADJOURNMENT:
Mrs. Williams MADE A MOTION to Adjourn.
Mr. Dufficy, SECOND.
Smith, Williams, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Meeting adjourned at 7:30 PM.
__________________ Attest; ______________________
Mayor Brent Teske Audray J. McCollum, City Clerk/Treasurer