AKELEY CITY COUNCIL
REGULAR MEETING
AUGUST 11TH, 2010
6:00 PM CITY HALL
AUGUST AGENDA
1. Call the Meeting to Order
2. Pledge of Allegiance
3. Approve Consent Agenda of…
a)
Minutes from July 14th, 2010 Regular Meeting, Minutes
from July 19th, 2010 Special Meeting,
b)
July 2010 Treasurer’s Report
c)
July 2010 Bills for Payment from Check # 7135 to Check #
7248 including Automatic Bank Payments and voided check # 7134 &
7206 for a Monthly Total of $ 77217.09.
4. Approve Resolution # 3-2010 Police Officer
Declaration for PERA.
5. Approve Resolution # 4-2010 No Parking Resolution.
6. Propane Contract – Update on Co-op being formed by
Vern Peterson.
7. Kathy Duclos – C & C / Update on Fall Activities.
8.
Set up Employee Reviews for September.
9. Lacey Hitchcock – Liquor Store Report
10. Frank Thelin – Water/Sewer/Maint. Report
11. PARK/CAMPGROUND – Seasonal Camping for 2 parties.
Linda Drong and Connie Guck for the 2011 season.
12. Old Business – Siren Issue. Update so everyone is
clear as to what is happening with the siren. Citizens confused
about what is being done.
13. New Business/Public Forum
14. Adjourn
AKELEY CITY COUNCIL
REGULAR MEETING
AUGUST 11, 2010
6:00 PM CITY HALL
The
Akeley City Council met in a regular meeting Wednesday August
11th, 2010 at 6:00 pm. Mayor Jennifer Mitchell called the
meeting to order. Council members present were: Brian
Hitchcock, Cliff Johnson, Troy Hegg and Terry Chalich. The
Pledge of Allegiance was recited by the Council and attending
audience.
A motion was made by Jennifer Mitchell to add the Police Dept as
line 8a and seconded by Troy Hegg & carried.
A motion was made by Jennifer Mitchell to add Janice Bayman as
line 3a and seconded by Clifford Johnson & carried.
Motion by Brian Hitchcock seconded by Jennifer Mitchell and
carried to approve the consent agenda with 2 additions, Police
Dept be added as line 8a and Janice Bayman be added as line 3a.
Janice Bayman/Citizen of Akeley.
Janice Bayman spoke regarding a letter she had received from the
City of Akeley. Miss Bayman read the letter to the Council and
attending audience. (The letter was a denial for reimbursement
that she was asking for to fix her rock garden that lays in the
City Easement/Right of Way.)
Miss Bayman stated her hydrant is across the street and her
electrical components were in the alley behind her. She stated
nothing in the letter that was sent to her applied. She stated
she owned the property since 1971 back when Pleasant Ave was
just another gravel road and the sewers had not been
installed. At this point she asked the Council if she was
breaking the law by landscaping and maintaining everything from
the curb to the alley. Jennifer Mitchell stated that the Right
of Way area is part of where her garden is. Jen stated when the
plows come through it is in the Cities Right of Way and that’s
what happens when things are in the Right of Way area. Miss
Bayman stated that the County plows Pleasant going North to
South. She claimed her garden was shoved from South to North to
North to Northwest and everything that was in that area was
shoved away. Jen asked who actually did the damage to the rock
garden. Frank Thelin stated the Maintenance Dept. because they
were cleaning out the storm drains that were right in front of
that garden. Frank stated they were trying to get the storm
drain cleaned out so the water could run. Jen stated again that
the legality of it is that there is a certain set of feet back
that things have to be, because of this type of incident. Miss
Bayman asked again if her garden is illegal. Cliff Johnson
stated it is in the ordinances that you can not block or
construct things in the road right of ways. Miss Bayman stated
if that is the case, it is not illegal, and she stated she owns
that property from curb and back. She stated she bought it, she
pays taxes on it and she maintains it. Jen stated that it is
not a matter of it being illegal, but if it’s in the Cities
Right of Way & the City has an ordinance on it, then your taking
a risk of having something damaged if you’re putting items in an
area that the City has determined they need in order to do the
road/utility work. Cliff Johnson stated that the City has set
back ordinances so we can push snow also. Jen asked Frank
Thelin how many feet is it on a Right of Way. Frank replied you
have a 66’ Right of Way, which means you have 33’ from the
center line of the road on each side. Miss Bayman stated
according to the Cities figures and math she has to move
everything back 16’ 3”. Jen told Miss Bayman that she
absolutely does not have to move her garden but if anything does
get damaged again the City is not responsible for that damage
because it would be in the City of Akeley’s Right of Way. There
was much more discussion with Miss Bayman and Council. The
conclusion to this conversation is as follows:
The ordinance states that there is a right of way of
66’, 33’ from the center line of the road that has been
determined and used for plowing snow, cleaning storm
drains/gutters, utility maintenance and other City Maintenance
that has to be done in order for the City of Akeley to run.
This is why the ordinance is in place and that there are Right
of Way rules. Because of this ordinance the City of Akeley
Council determined not to pay Miss Bayman’s bill for damages to
her garden.
Jen
stated once again that Miss Bayman absolutely does not have to
move her rock garden but there is a possibility that there could
be more damage to it if it stays in the Right of Way. If more
damage does occur the City of Akeley will not be responsible for
the damages.
Approve Resolution #3-2010 Police Officer Declaration for
PERA
A motion was made by Jennifer Mitchell and seconded by Terry
Chalich and carried to approve Resolution #3-2010 Police
Officer Declaration for PERA.
Approve Resolution #4-2010 No Parking Resolution
A motion was made by Jennifer Mitchell and seconded by Troy Hegg
and carried to approve Resolution #4-2010 No Parking
Resolution for the Hwy 34 Project in 2011. This will take place
in front of the First National Bank Akeley Branch & in front of
T & M on Hwy 34.
Propane Contract – Update on Co-op being formed by Vern
Peterson
Vern Peterson reported that Ferrell Gas is willing to supply the
City of Akeley with propane for the winter for a cost of $1.57
per gallon. This includes changing out the tanks free of
charge. There is no contract to sign and this price is good
through 3-31-2010. The City would pay with each fill. The
price would be locked in and would not go up.
Jen
stated she would like Denise to contact our previous supplier to
find out what we can do with our credit balance we currently
have with them. Jen wanted to table this until the next meeting
in September 2010.
A motion was made by Jennifer Mitchell and seconded by Brian
Hitchcock and carried to Table the Propane
Contract/Agreement with Ferrell Gas until the September 2010
Council Meeting.
Kathy Duclos – C&C Update on Fall Activities
Kathy reported that the Paul Bunyan Statue Donation Box has
currently made $470.00.
She
also stated that the C&C set up a saving account at the First
National Bank/Akeley Branch with the funds from this donation
box being dedicated for the repairs of the statue.
Kathy gave the Council a colored picture of the map that is
going to be put on the sign behind the Paul Bunyan Statue. The
Council thought it looked great.
Brian Schuldt, an Eagle Scout from Nevis is currently re-doing
Paul’s Cradle for a Scout Project.
Kathy reported that they need volunteers for Hay Days. Hay Days
is the 17th and 18th of September 2010.
The
ARCC is putting on the Teen Dance on Friday, September 17th,
from 6pm to 11pm at Paul’s Patio.
On
Saturday, September 18th there will be kids’ games
starting at noon, Vendors at 10am & a Pork Chop Dinner starting
at 4:30pm. EHCFD will be selling food during the day.
Josh Kietzman is in charge of the band for Saturday night.
Lacey will be in contact with Josh to get going on the band for
that night.
Kathy also noted that the businesses in town are concerned with
the Hwy 34 project that is going to take place in 2011. They
would like to put up some signs stating that business’s in
Akeley are OPEN for business. They would like signs stating
which businesses are open. Jen suggested Kathy talk with Frank
to see what the signs would cost and the approval of putting
them up.
Kathy also stated that the Council Minutes were not being posted
to the Akeley Web Site.
Denise Rittgers stated that she would get them to the Web Master
to have them put on the Akeley Site.
Set up Employee Reviews for September
A motion was made by Jennifer Mitchell and seconded by Terry
Chalich and carried to approve to do an annual Employee
Review in September of 2010. Each Commissioner will set up
their own times to do the review with the employee of their
commission.
Police Department Report – Jimmy Hansen
Jimmy reported that he is trying to meet with businesses and
citizens to get acquainted with the area
He
reported he met with Frank Homer at Hubbard County to go over
issues. The computer is up and running. He has been patrolling
the campground as much as possible. Jimmy stated he is trying
to do paperwork during the day shifts so at night he can be out
patrolling.
Brian Hitchcock discussed moving the Squad Truck from the PD to
the Maintenance Department.
A motion was made by Brian Hitchcock and seconded by Jennifer
Mitchell and carried to approve moving the squad truck from
the Police Department to the Maintenance Department.
A motion was made by Terry Chalich and seconded by Cliff Johnson
and carried to approve having Jerry Tatro remove the
equipment from the squad truck.
Frank Thelin will be buying a new battery for the truck out of
Maintenance.
Liquor Store Report – Lacey Hitchcock
Lacey reported last month she had checked into getting 2 bands
for the APD Fund Run on August 28th, 2010. She
reported 1 band has backed out. The original band she was going
to get however stated they would do it for a little more money,
$500.00. Lacey stated she already has approval for the band but
just wanted to update the Council. Lacey said this band is
willing to start playing at 6:00pm.
Lacey stated she would like to put a banner on the back side of
the Maintenance Shop Building, advertising the Akeley Liquor
Store since they can’t advertise directly on the trail. Council
thought it was a good idea. Very visible to the trail.
Lacey asked for approval to have the Akeley Liquor Store join
the Akeley Civic & Commerce for $100.00.
A motion was made by Jennifer Mitchell and seconded by Brian
Hitchcock and carried to approve spending $100.00 for
Membership Fees to join the Akeley C&C.
Lacey also stated that she found someone who will redo the front
of the Liquor Store Building. She said it would include power
washing, sanding, spot grinding, caulking and painting. It
would also include redoing the Liquor Store Sign which has not
been done for a long time.
Jen
stated she felt we need a couple of estimates on this one. Then
we can make a decision if we want to do it yet this year or do
it early next year. This can be part of our budget session to
see where we are at.
Lacey asked if paydays could be switched from Tuesdays to
Wednesdays. Denise stated this would work better for her too.
A motion was made by Brian Hitchcock and seconded by Terry
Chalich and carried to approve moving payroll days from
Tuesdays to Wednesdays effective on August 25, 2010.
Water/Sewer/Maintenance Report - Frank Thelin
Frank reported that the irrigation pump was fixed. He also
stated that his primary focus right now is getting rid of the
waste water in the pond.
Frank reported that the road repair project is going well.
Cliff Johnson stated that they had some overruns on the Road
Project and that they needed to amend the budget from last
year. Cliff stated that the City received FEMA money in 2009 to
use on the road project. This was in the amount of $4,557.04.
There was also $1,636.19 left in the road repair account in
2009, leaving a credit of $6,193.23.
A motion was made by Cliff Johnson and seconded by Brian
Hitchcock and carried to approve amending the Maintenance
budget for 2010 by $6,193.23 for Road Repair (411).
A motion was made by Cliff Johnson and seconded by Troy Hegg and
carried to approve the overrun of $2,502.00 for the Road
Project.
Frank continued saying he needs to concentrate on the weeds at
the sewer ponds.
Troy Hegg asked Frank about the Iron Test he was going to have
done. Frank stated that the guy was coming to Akeley to do it
with him and it should be done in the near future.
Terry Chalich asked Frank if the Water Tower was going to get
cleaned. Frank stated that he signed the contract and sent it
back to the Company and they are suppose to be getting a hold of
Frank to see when they can come and do it and what works best
with schedules.
Brian Hitchcock asked if the water meters were being worked on.
Frank said not yet. He did state again that he wanted someone
with him when he does do that.
Brian also asked Frank if he could put some black dirt and seed
down by Hulet by the new culvert.
Brian also asked about the Red Chevy Truck. Brian thought maybe
it should be put up for sale.
The
city would take sealed bids.
A motion was made by Troy Hegg and seconded by Brian Hitchcock
and carried to take sealed bids on the Red Chevy Truck.
These bids will be opened at the October 13th, 2010
meeting.
PARK/CAMPGROUND – SEASONAL CAMPING FOR 2 INTERESTED PARTIES
Denise Rittgers stated that she had 2 parties interested in
seasonal camping for 2011, but they want sites 12 & 13 or sites
19 & 20. They would like these sites from May 15th
to Oct 15th, 2010.
They would be willing to pay the price. Jen stated she felt we
could not make a decision on this until we get input from Greg.
Denise told Jen Greg already knows about this. His input was we
have 6 sites available for seasonal campers and they are sites 1
– 11.
A motion was made by Brian Hitchcock and seconded by Jennifer
Mitchell and carried to table the decision on the seasonal
camping sites until we get more information from Greg.
Old Business
Jen
read a letter from Denise Rittgers which was in the packet
regarding the sirens. This was to inform all of the procedure
in place regarding the Siren.
In the event of an emergency the first responders
would get the radio message from Hubbard County Dispatch that
there is an EMERGENCY WARNING being issued for our area, at that
time the appropriate First Responders would manually set off the
town Siren to let the residents of Akeley know there is an
Emergency and to take appropriate action.
With that being said, this manual procedure will
remain in place until we are automatically linked with Hubbard
County in the next two years. Cliff stated that they ran a
test on Wednesday and the Siren does work.
New Business
Don Herdina is asking for a refund on his 2009 taxes. The
lot was not split until 2009 and the way the County does this is
that the refund would not apply until 2010, when they split the
property. The City put 2 assessments on his property for 2009
and prior. Not sure the reason.
Jen
would like to know the date it was split and who would be
responsible for the refund. The other owner or the City. We
already refunded him for 2010, which will go on his 2011
statement.
Pam
H from the County stated by phone that in 2009 this was a whole
lot. We will wait to hear from the County before any decisions
are made.
Larry Holm from the ARCC is considering putting in a
driveway on the East side of the bldg where the alley used to
be. It would be a private drive and they would do all the
maintaining of this driveway. Cliff stated that he believed
that road was abandoned when it was still a school. Larry
stated that they would like to keep it a private drive and the
ARCC would maintain it. They would like the old alley a drive
through from street to street. Larry stated they haven’t
decided to do this yet but wanted to make sure it would be OK to
do. Larry stated there is one manhole on the south end and
thought they could just cover that up.
Frank Thelin talked about that being a storm drain. An audience
member agreed that it was a storm drain.
Jen
stated she would like to do a little more investigating before
the Council makes a decision to allow the driveway.
A motion was made by Jennifer Mitchell and seconded by Brian
Hitchcock to table the ARCC putting in a driveway so the
City has time to check into it. Tabled until the September 8th
meeting.
John Kramer would like the City of Akeley to lift out a
culvert on his property and fill it with dirt. Cliff asked
Frank Thelin if he could get this done.
Motion by Jennifer Mitchell seconded by Terry Chalich and
carried to adjourn.
Denise Rittgers
Clerk/Treasurer
City of Akeley
