COUNCIL MEMBERS PRESENT: Don Dahl, Kit Johnson, Mike Misowic and Judy Leland

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1 MEETING MINUTES CITY OF EAST HELENA REGULAR COUNCIL MEETING: 7PM TUESDAY, DECEMBER 5, 2017 COUNCIL MEMBERS PRESENT: Don Dahl, Kit Johnson, Mike Misowic and Judy Leland EXCUSED/ABSENT: Volunteer Fire Chief Troy Maness PRESENT FROM CITY: Mayor James Schell, Clerk Treasurer Gena Berry, City Attorney Elverum, Police Chief Aschim, and Public Works Director Scott St. Clair OTHERS PRESENT: Cheryl Verbanac, Myrna Verbanac, Blaine Verbanac, Sally Nyland, Dave Jensen, Donald and Tammy Reich, Mike Collins and Ron Whitmoyer PUBLIC MEETING CALLED TO ORDER / PLEDGE OF ALLEGIANCE: Mayor Schell called the meeting to order at 7:00 pm. The Pledge of Allegiance was led by Councilmember Dahl. PUBLIC COMMENT: Don and Tammy Reich of the Helena Street Rodders thanked the Council for the approval of their request for the 2018 car show. Mike Collins of the Helena Street Rodders reported that the participants indicated the 2017 show was the best show by far. Superintendent Ron Whitmoyer gave thanks to the City and briefly reported on the next phase of consideration for a high school. Councilmember Johnson gave thanks to Ron for all of his hard work. APPROVAL OF MINUTES: The minutes of the November 21, 2017 Regular Council Meeting were reviewed for approval as presented. Action: A motion was made by Councilmember Dahl to approve as presented. The motion was seconded by Councilmember Leland. All councilmembers voted aye. Motion carried unanimously. The minutes of the November 27, 2017 Special Council Meeting were reviewed for approval as presented. Action: A motion was made by Councilmember Johnson to approve as amended, changing the word AGENDA in the title to MINUTES. The motion was seconded by Councilmember Misowic. All councilmembers voted aye. Motion carried unanimously. The minutes of the November 28, 2017 Special Council Meeting were reviewed for approval as presented. Action: A motion was made by Councilmember Johnson to approve as amended, changing the word AGENDA in the title to MINUTES. The motion was seconded by Councilmember Dahl. All councilmembers voted aye. Motion carried unanimously. CITY COURT REPORT: City Judge Report-none given. MONTANA ENVIRONMENTAL TRUST GROUP/EPA UPDATE: Written report dated May 16, 2017 Action: None Information only DEPARTMENTAL REPORTS: City Clerk Treasurer: Clerk Treasurer Berry submitted a written report and spoke of the following items: Utility Clerk Thorngren completed the six week online course on the Montana Municipal Officials Handbook. Page 1 of 5

2 Utility Clerk Thorngren has been working Christmas cards and business license renewal reminder cards. Donations to the Fire Department in memory of Shaun O Connor total $1,550. Police Department: Chief Aschim gave a written report and read his resignation letter and the Mayor s acceptance letter. Public Works Department: Public Works Director St. Clair submitted a written report and spoke on the following topics: Copper Analyzer that has never worked may see resolution through manufacturer. This analyzer was purchased with excess grant funding from the Metals Removal Project. Mayor Schell explained that when looking at the claims and seeing bills to a sample truck, it means that the expense is related to the newly purchased pickup for transporting water and wastewater samples to the lab in Helena. Volunteer Fire Department: Fire Chief Troy Maness was absent but presented two new members for approval via the packet. New Members to East Helena Volunteer Fire Department: No public comment given on either applicant. -Councilmember Misowic made a motion to approve Mathew Bachmeier as a new member. Councilmember Dahl seconded. -Councilmember Johnson made a motion to approve William Everett as a new member. Councilmember Dahl seconded. -Both motions passed unanimously. Councilmember Leland expressed concern about approving folks to the department with no information given to the council regarding the applicant. Mayor Schell will address this with Fire Chief Maness. COMMITTEE REPORTS: 1. ROW Committee Update Councilmember Misowic gave a preview of topics to be discussed at the December 12 th, pm meeting. UNFINISHED BUSINESS: 1. Review And/Or Approval Red Fox Meadows Water-Sewer District Interlocal Agreement City Attorney Elverum is waiting for an update from the Districts Attorney, Bob Murdo. Blaine Verbanac asked about the life expectancy of the plant. David Jensen asked how long the 55,000 gallons would be on reserve. Councilmember Johnson would like to see a provision in the contract that allows the City to revisit the reserve amount in 10 years. Action: Information Only 2. New East Helena School District Building Certificate Of Survey Approval Mayor Schell stated that Tom Stark will be in contact with Jeremy Fadness to work through items that may be of concern to the county before passing it to them for approval. No public comment. Action: Councilmember Leland made a motion to table. Councilmember Misowic seconded. Motion carried unanimously. 3. Snow and Ice Removal Ordinance 263 Second Reading Attorney Elverum spoke of the few grammatical corrections and addressed the other proposed changes at length. Mayor Schell presented written public comment given by David Jensen. Wherein he proposed adding a section 3 to regarding moving snow from ROW to ROW. Attorney Elverum advised the City not to add this type of language as the City does not want to be involved in neighbor disputes and it would be difficult to enforce. Councilmember Misowic agreed. Public Works Director St. Clair Page 2 of 5

3 asked for clarification on the previous addition suggested by Councilmember Johnson and the new proposal by David Jensen. This item was discussed at length in the Right of Way meetings. Ron Whitmoyer gave kudos to the public works department on their handling of the snow, even with last year s heavy snow fall. He stated that the details of the proposed additions are not needed. David Jensen explained the purpose of his proposed amendments. He was trying to give a home owner a remedy and groups of neighbors the ability to work together. Attorney Elverum discussed the difference between civil issues and criminal issues as relate to this topic. Councilmember Misowic explained that private adjacent land owners do not have exclusive access to the ROW in front of their home. David Jensen asked for clarification on proper uses of adjacent ROW s. Councilmembers Leland and Misowic would like to see ROW use officially defined. Ron Whitmoyer expressed caution in making sure the ordinance is not written in such a way that the City be required to plow in front of each driveway. Blaine Verbanac explained that the original intent of this ordinance was for snow removal from private on to public property. He would like to see the ordinance pass with Attorney Elverum s changes only. He would like to see the City move forward rather than back. Action: Councilmember Misowic made a motion to adopt the ordinance as originally presented with the grammatical changes only. Councilmember Leland seconded. Motion carried unanimously. 4. ROW Committee Ordinance Update/Schedule City Attorney Elverum stated that the nuisance vegetation ordinance would be next to go through the public notice process in January. No public comment. Action: Councilmember Dahl made a motion to table. Councilmember Misowic seconded. Motion carried unanimously. 5. Jaycee Hall City Owned Building Legal Disposition/Sale Process Mayor Schell submitted part of a commercial appraisal report. The property appraised at $60,000. The property will need to be rezoned regardless of purpose intended by buyer. Next step is public notice and public sale. Counties must get 70% of value for items sold. Municipalities do not have to follow that standard. Attorney Elverum will write a public notice for Council approval. Attorney Elverum encouraged those present to read the MCA to understand the law better as it relates to counties in this matter. Blaine Verbanac asked the Council to not give it away. Action: Councilmember Johnson made a motion to have Attorney Elverum write a public notice and present it to the council at a future meeting. Councilmember Misowic seconded. Motion carried unanimously. 6. Lewis & Clark County Sheriff Memorandum of Understanding Mayor Schell stated that this is still in the works. No public comment. Action: Information Only 7. Online Utility Bill Credit Card Payments Mayor Schell stated he wanted to obtain the contract for GovTeller. Mayor Schell went over the difference between cost to the resident making the payment between GovTeller at 2.49% and PayGov at 3%. Councilmembers asked a few clarification questions. No public comment. Action: Councilmember Johnson made a motion to move forward with the contract from GovTeller. Councilmember Leland seconded. Motion passed unanimously. NEW BUSINESS: 1. Review and Possible Reduction of Ice House Utility Bill Mayor Schell presented the Council with a situation where the owner of the Ice House, Greg Kockler, sold the business and property by way of contract for deed to Michael Thompson. Michael Thompson defaulted and now Greg Kockler has accumulated a past due bill in the amount of $1, that he feels he should not have to pay. Mayor Schell stated that the Council had given him the ability to take care of this administratively but he wanted their input and to be transparent instead of just writing it off. After much discussion including vacation rate at ½ the regular rate, Mayor Schell asked for a motion to table and handle this administratively. Sally Nyland asked how residents are supposed Page 3 of 5

4 to know about the vacation rate option. Mayor Schell stated that it is the city s job to inform them. Mayor Schell stated that the water, sewer and garbage ordinances need to be addressed to align with the current practices or vice versa. Councilmember Misowic stated that it is ok to be the bad guy when necessary. No other public comment. Action: Councilmember Johnson made a motion to table and handle administratively. Councilmember Leland seconded. Motion passed unanimously. 2. Review of Options for Main Street Intersections Mayor Schell presented two letters from residents complaining of intersections at Lane and Main and Montana and Main. Mayor Schell stated that it is time to address these intersections. No public comment. Action: Councilmember Johnson made a motion to move forward with looking at MDT s suggestions for these intersections. Councilmember Misowic seconded. Motion passed unanimously. MAYOR S REPORT: Mayor Schell reported on the following items: BMS has the ability to send past due notices to the owner when a tenant gets past due. The City will be using this feature starting this month. Mayor Schell has received an from Audrey of the County Elections Office regarding the issuing of certificates from the recent election. Utility Clerk Amy Thorngren will create a certificate for Mr. Dahl s appointment as the City should issue the appointment certificate. Upcoming Proclamation for Home School appreciation. Summer Rec Program Leader Jannice Odermann will be coming to the Council with a report from the summer program at an upcoming meeting. Water Quality Protection Group will be presenting at a future meeting. Birgit Stipich is ready for the upcoming Christmas Stroll. The phone system in City Hall is very old and will need to be updated in the coming year. Cookie handing out sign ups 5:30-6:30 Don Dahl, 6:30-7:30 Judy Leland, 7:30-8:30 Mike Misowic. Mr. Misowic stated that his wife has volunteered to help also. Water Quality Protection District meeting update. Artplace America press release-councilmember Misowic thanked Mayor Schell for his community involvement. COUNCIL MEMBERS REPORTS: Don Dahl attended the press release for the Artplace Grant. Kit Johnson gave an update the Christmas Stroll with this being Birgit s last year being in charge. His daughter Casey and her fellow banker Jolene plan to take it over. There will be a survey to the vendors regarding what they like and don t like about the event including how they feel about it staying on a Thursday night or moving to a different night. Judy Leland attended the Artplace Grant press release. Mike Misowic reminded everyone of the Dec. 12 ROW meeting and attended the press release for the Artplace Grant. LEGAL REPORT: City Attorney Elverum attended the special meetings. He stated that there is a case under appeal that will now work its way through the District Court. PAYMENT OF BILLS: In the packet for approval were claims totaling $228, Councilmember Dahl asked about a zoning claim for a conversation regarding a future brewery. Page 4 of 5

5 Councilmember Misowic made a motion to approve the claims. Councilmember Dahl seconded. Motion carried unanimously. On the tables for approval were claims totaling $7, Councilmember Dahl made a motion to approve the claims. Councilmember Leland seconded. Motion carried unanimously. SPECIAL ANNOUNCEMENTS: Christmas Stroll Thursday December 7th 5:30PM to 8:30PM along Main Street & City Hall MEETING SCHEDULE: 1. Scheduled East Helena City Council Public Hearing American Chemet Tax Abatement Tuesday, December 19, 2017, 7PM, City Hall Rm Scheduled East Helena City Council Meeting Tuesday, December 19, 2017, 7PM, City Hall Rm 110 ADJOURNMENT: Mayor Schell adjourned the meeting at 9:18pm. Page 5 of 5