1486: January 2018

APPROVEDThe 1486 Regular Meeting of the City Council was held on Tuesday, January 16, 2018 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, Ms. Smith, Mr. Zimmerman, Mr. Beach, Mrs. Ford, Mr. Armstrong, City Clerk/Treasurer Audray McCollum, City Administrator Jim Hammons. City Attorney Dean Chisholm was absent.
Prayer was offered by Mr. Girod.
Mrs. Ford MADE A MOTION to approve the minutes from council meeting # 1485 held on January 2, 2018.
Mr. Armstrong SECOND.
Williams, Smith, Beach, Armstrong and Ford voted FOR.
Mr. Zimmerman ABSTAINED.
MOTION PASSED.

Announcements:
Mayor Teske announced the opening for the planning board closes on January 19th. The city has an opening on the City County Board of Heath, Lyn Thompson has resigned. Please submit a letter of interest and resume to city hall. The City of Libby received a Tourism Grant for $85,355.00 though the Department of Commerce Office of Tourism and Business Development for Way Finding Signs.

Committee Reports:
Cemetery/Parks: None.

Fire: Mr. Armstrong gave the annual fire report for the year, the average turnout time was 5 ½ minutes, the average response time was 9.27 minutes and average time spent on scene was 55 minutes. Donated time was $ 74,760 which equaled $20 per hour and $20 per hour per person.

Police: None.

Resolutions/Ordinances: Ms. Smith said the committee had met and discussed several issues with the cemetery ordinances and will be looking at revising them. The tree board had made a request to change some ordinances and the committee will be looking at them.

Lights/Streets/Sidewalks: Mr. Beach will call a meeting on Monday January 22 @ noon to discuss the school zone around the middle school.

Building: Mr. Beach will call a meeting on Thursday January 25 to discuss the Ponderosa room and rental agreements.

Water/Sewer: Mr. Zimmerman will be calling a meeting later in the week.

Personnel: None.

Budget: None.

Finance: None.

City Administrator: None.
KRDC: Mr. Zimmerman said there will be a meeting this Thursday.

City County Board of Heath: Mayor Teske gave the report. The Board is working on some engineering requests at the land fill. There have been some changes to the bi-laws bylaws; Mayor Teske has copies for the public. The Board has adopted their position statement for the IC Steering Committee and City-County Board of Heath operation and maintenance (O&M) phase Libby asbestos superfund site.

Public Comment on Non- Agenda Items:
John Desch, 510 Nevada, has been having sewer issues since last August. Today at noon the problem started again, Mr. Desch’s neighbor is also having sewer issues. The city was not able to fix the issue and has been aware of the problem for months. Mr. Desch said the city needs to do something or he will call a lawyer tomorrow morning.

New Business:
Move to support the Position Statement as prepared by the IC steering Committee and City-County Board of Heath:
Ms. Smith MADE A MOTION that the city supports the statement that the IC steering committee of the City-County Board of Heath has presented to the city dated January 2018.
Mr. Beach SECOND.
Council discussion followed.
Public comment:
DC Orr, 1117 Nevada, Mr. Orr stated this was a nonbinding resolution, well laid out protection of your neighbors. Mr. Orr would like the city attorney to read the agreement; he said it has no force or effect in the law. Mr. Orr then gave his back ground knowledge of what happened with the EPA. Mr. Orr said if the council signs this, they will be signing a lie.
Williams, Smith, Zimmerman, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

RESOLUTION 1911-An resolution of the City Council of the City of Libby Montana repealing chapter 7.44 and its subsections 7.44.010 and 7.44.020 of the Libby municipal code (Ordinance 1886).
Ms. Smith gave background on the committee’s recommendation for Resolution 1911. Stating this has taken months of work, public input and council has received lots of communication.
Ms. Smith read Resolution 1911. Ms. Smith said Police Chief Kessel and animal control had reviewed Resolution 1911 and had no further input.
Ms. Williams MADE A MOTION to pass Resolution 1911 to removing the sections of the animal ordinance.
Mr. Armstrong SECOND.
Public Comment:
Diana Andrew, 985 Farm to Market, said she supported the repeal and gave her reasons why.
Tracy Martin, 85 Garden Road, showed council pictures of her dogs and said every dog has a personality, it does not matter what kind of bread breed it was.
DC ORR, 1117 Nevada, asked if the repeal will happen immediately.
Mayor Teske said yes the repeal will happen immediately.
Williams, Smith, Zimmerman, Beach, Armstrong voted FOR.
Ford voted AGAINST.
MOTION PASSED

ORDINANCE 1912-An ordinance of the city council of the City of Libby Montana amending a portion of chapter 7.04.020 of the Libby municipal code entitled “definition” and amending the definition of “vicious dog’.
Mayor Teske read the definition of ordinance 1912.
Ms. Williams MADE A MOTION to approve the FIRST READING of ordinance 1912 amending definitions of vicious dog.
Mr. Armstrong SECOND.
Council discussion followed:
Mr. Beach asked if this more closely reflects what Lincoln County has.
Ms. Smith said that is correct.
Williams, Smith, Zimmerman, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve renewal business license received to date:
Mrs. Ford MADE A MOTION to accept all renewal business licenses received to date.
Mr. Zimmerman SECOND.
Williams, Smith, Zimmerman, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Approve new business licenses received to date:
• Exodus 20:12
• R&R Remodel
• Big Sky Services ,LLC
Mr. Armstrong MADE A MOTION to accept all new business licenses received to date.
Mrs. Ford SECOND.
Williams, Smith, Zimmerman, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.

Unfinished Business:
1) Eliminating the 9.40 water credit (water/sewer committee)
Mayor Teske made copies of the International Paper Agreement for all council members. Mrs. Williams made copies of all the minutes of any related issues per IP agreement over the last 10 years for council members.
Council discussion followed:
Mayor Teske encouraged council to read though the past minutes.
Public Comment:
DC Orr, 1117 Nevada, said he was against the council eliminating the 9.40 credit and asked council to get legal advice.
Mayor Teske encouraged Mr. Orr to read though the past minutes.
Mr. Zimmerman will be calling a water/sewer meeting by the end of the week.

2) Reduced speed in school zone (streets committee)
Mr. Beach has been working with Mr. Hammons to get the engineering studying done around the middle school parking lot. They have been talking with Mr. Chisholm the city attorney to get some different viewpoints.

3) Council Rules and Procedures (mayor)

4) Libby Web Site Re-Design (website design committee)
Ms. Williams said the committee met and talked about what direction to proceed. The next meeting will be Monday at 1:30.

General Comments from the Council:
None

Adjournment:
Ms. Williams MADE A MOTION to adjourn the meeting.
Mr. Armstrong SECOND.
Williams, Smith, Zimmerman, Beach, Armstrong and Ford voted FOR.
MOTION PASSED.
Meeting was ADJOURNED at 8:02 pm.

______________ Attest; ______________________________
Mayor, Brent Teske Audray J. McCollum City Clerk/Treasurer