APPROVED MINUTES
The City Council held meeting # 1519 Monday, June 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 Ms. Williams, Mr. Zimmerman, Mr. Beach, Ms. Smith, Mr. Taylor, Mr. Dufficy, City Clerk Audray McCollum, City Administrator Jim Hammons, and City Attorney Dean Chisolm.
Mr. Bill Sontag offered the prayer.
Mr. Zimmerman MADE A MOTION to approve the minutes from Council Meeting 1517, held May 6, 2019.
Mr. Beach SECOND.
Smith stated on page 3; there was no context on why the motion was amended from $79,000 to $80,000 and would like the minutes to reflect that.
Williams, Zimmerman, Smith, Beach, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Ms. Smith MADE A MOTION to approve the minutes from council meeting 1518, held on May 20,2019.
Mr. Dufficy SECOND.
Mr. Zimmerman ABSTAINED.
Williams, Smith, Beach, Taylor, and Dufficy voted FOR.
Announcements:
Smith stated the Planning board will have their monthly meeting on Monday and will review a subdivision inside the city limits.
Mayor Teske asked about training council on subdivisions. Smith said she would be happy to meet with council one on one and bring them up to speed.
Mr. Hammons said all graves need to be cleared off by Monday the 10th; then the city can start mowing again.
Zimmerman stated the city will be giving 8,000 gallons of water to city residents for the next 4 months to offset the cost of lawn upkeep.
Committee Reports:
City Administrators Report: Hammons said Canyon Hydro came in and fixed the seal on the turbine last week. The city repaired some vandalism that happened at the Splash Pad. There was a water leak on 10th, Mineral, and California that was fixed and backfilled.
Cemetery/Parks: None.
Fire: None.
Police: None
Resolution/Ordinances: None
Lights/Streets/Sidewalks: None.
Building: None
Water/Sewer: None
KRDC: None
Finance: Williams announced there will be a budget committee meeting at noon on June 12.
City-County Board of Health: None
Public Comment on Non- Agenda Items:
DC ORR, 1117 Nevada, said he sent council an email and would like to have a report on it.
New Business:
Montana Fish Wildlife and Parks information and update on the recent Chronic Wasting Disease positive test result of deer in town.
Jim Williams, Regional Supervisor from Region 1, introduced his staff and thanked Mayor Teske, Chief Kessel, Representative Cuff, and Sherriff Short for the prior meeting.
Mr. Williams stated there was the first positive test result for Chronic Wasting Disease west of the divide in Libby. Williams said this kicked a plan into motion that is used statewide for (CWD). Council and the public received a packet explaining what CWD is.
Williams said Fish Wildlife and Parks has a good working relationship with the City Police, the Sheriff’s Department, The City of Libby and Lincoln County, so the process should run smooth.
Neil Anderson, Biologist and National Disease Expert for Fish Wildlife and Parks, gave council and the public a brief update on Chronic Wasting Disease is a neurological disease of the deer species affecting mule and whitetail deer, elk, and moose. It is not transmissible to livestock or humans. CWD is not caused by a bacterium or a virus. CWD is transmitted animal to animal through body fluids, is hardy and can live in the soil for years and is hard to destroy.
Anderson then gave a history of the disease.
Fish Wildlife and Parks recommendation to the City of Libby Council, was to form a deer management plan. Montana’s management plan calls for establishing a 10-mile radius around the positive, in that area samples will be taken from 200 deer carcasses to establish what percentage of the deer test positive for CWD. From there, the plan will kick into different types of management. Libby’s case is different because it involves an urbane population. Andersons’ recommendation for Libby is to take 200 samples from the Libby City limits and 200 samples from the 10-mile radius. He urged the public not to feed the deer.
Council discussion and public questions followed.
Jim Williams closed the discussion by saying, “Libby is in a unique position, and FWP is here to work with you and work side by side with you and move forward as you see fit.”
Mayor Teske called a 5-minute recess at 7:55 pm.
Council resumed at 8:00 pm.
Approve Riverfront Blues Festive Noise variance Friday, August 9th, 2019 until 12:00 pm and Sunday, August 11t h 2019 until 1:00 am.
Jennifer Nelson, 1020 Washington Ave representing the Riverfront Blues Festive, asked for the noise variance.
Mr. Dufficy MADE A MOTION to approve the Riverfront Blues Festival noise variance for Friday, August 9th through Sunday, August 11th, 2019 until 1:00 am.
Mr. Beach SECOND.
Williams, Zimmerman, Smith, Beach, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Approve Street closure for the Logger Days Parade on Saturday, June 22,2019 from 6:30 am to 12:00 pm. Mineral Ave from Highway 2 to Second Street and Lincoln Boulevard from California Avenue to Louisiana Avenue.
Kathy Stern, with the Libby Logger Day Board, requesting the street closure for the Logger Day Parade on June 22,2019.
Mr. Dufficy MADE A MOTION to approve the street closure for the Logger day Parade Saturday, June 22,2019 from 6:30 am to 12 pm.
Ms. Smith, SECOND.
Williams, Zimmerman, Smith, Beach, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Approve Resolution 1937- A Resolution Adopting Lincoln County Multi-Hazard Mitigation Plan 2018 Update.
Mayor Teske gave council an update on the Lincoln County Multi-Hazard Mitigation Plan.
Ms. Smith MADE A MOTION to adopt resolution 1937 for the Lincoln County Multi-Hazard Mitigation Plan 2018 update.
Mr. Zimmerman, SECOND.
Council discussion followed.
Williams, Zimmerman, Smith, Beach, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Approve Resolution 1938-A Resolution of the City of Libby, Montana providing for the amendment of the budget for the fiscal year 2018-2019.
Ms. McCollum said resolution 1938 was needed to account for funds to cover the cameras in the cop city police cars.
Mr. Zimmerman MADE A MOTION to accept resolution 1938.
Mr. Beach SECOND.
Williams, Zimmerman, Smith, Beach, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Approve DECLARATION OF INSTITUTIONAL CONTROLS ON REAL PROPERTY for OU1 River Front Park.
Mayor Teske said the information was emailed to council to review some time ago and council has discussed the issue at past council meetings.
Ms. Smith MADE A MOTION to approve the Declaration of Institutional Controls On Real Property for OU1 River Front Park.
Mr. Beach SECOND.
Council discussion followed.
Public Comment:
DC Orr, 1117 Nevada, expressed concerns about council signing the Declaration of Institutional Controls.
Ms. Williams asked, “Who put this document together?”
Teske said DEQ and EPA.
Ms. Williams asked, “If City Attorney Dean Chisholm had reviewed the policy?”
Mr. Chisholm said he reviewed the document a month ago.
Williams asked about the word “Surface, and if the city is saying it is on the surface, that is somewhat problematic.”
Council Discussion Followed.
Council Requested DEQ to provide some answers to their questions.
Motion was Tabled.
Accept zoning recommendations from the planning board and place into the Ordinance Committee.
Ms. Smith updated council on the process that has led to the planning board recommendations for the downtown and highway zoning recommendations.
Mr. Zimmerman MADE A MOTION to accept the zoning recommendations from the planning board and place into the ordinance committee.
Mr. Taylor, SECOND.
Public Comment:
DC Orr,1117 Nevada, said: “A planning board cannot recommend zoning this needs to come from a zoning commission according to MCA 76-2-307.”
Teske said, “The council authorized the planning board to be the zoning commission.”
Orr said, “You are not accepting the recommendation of the planning board; you are accepting the recommendation of a zoning commission.”
Orr said,” The board needs to come to you with a final report after they held a public hearing.”
Council Discussion Followed.
Motion was Tabled.
Approval of New Business Licenses received to date:
Partners in Grime Services LLC
Kim Kleanz
Vern W. Reidhaar
Ms. Williams MADE A MOTION to approve all business license receives to date.
Mr. Dufficy SECOND.
Williams, Zimmerman, Smith, Beach, Taylor, Dufficy voted FOR.
MOTION PASSED.
Approval of Claims and Payroll for April 2019.
Ms. Williams MADE A MOTION to approve Claims and Payroll for April 2019.
Mr. Dufficy SECOND.
Williams, Beach, Smith, Taylor, Dufficy voted FOR.
MOTION PASSED.
Approval of Claims and Payroll for May 2019.
Ms. Williams MADE A MOTION to approve Claims and Payroll for May 2019.
Mr. Dufficy SECOND.
Williams, Beach, Smith, Taylor, Dufficy voted FOR.
MOTION PASSED.
UNFINISHED BUSINESS:
Approve and search out an Environmental Law Firm to assist in the IP negotiations- Mayor Teske said there is no new news at this time, Teske is unaware of what Mr. Paynes’ intentions are at this time.
Transparency Week- Mr. Taylor stated on Wednesday evening FWP will speak to the public about the CWD.
Appointment Process of the Libby City Judge-Ms. Williams went through the documents for councils’ recommendations.
General Comments from Council:
Mayor Teske asked all council members to send agenda request, as they want them to appear on the agenda to the City Clerk by email.
ADJOURNMENT:
Ms. Williams MADE A MOTION to adjourn.
Mr. Dufficy SECOND.
Williams, Smith, Beach, Zimmerman, Taylor, and Dufficy voted FOR.
MOTION PASSED.
Meeting adjourned at 8:55 PM.
__________________ Attest; ______________________
Mayor Brent Teske Audray J. McCollum, City Clerk/Treasurer