General Meeting Minutes 4-10-2008
City Council General Meeting
April 10, 2008
Call to Order: A General Meeting of the Gustavus City Council was held on April 10, 2008 at 7:00PM.
Mayor Klawunder called the meeting to order at 7:00PM.
Roll Call:
Comprising a quorum of the Council the following were present:
Mayor Klawunder
Vice Mayor Marchbanks
Council Member Atkins
Council Member Berry
Council Member Howell - Via Teleconference
Council Member Nixon
Council Member Unkel
Reading & Approval of Minutes
Minutes from the March 13, 2008 General Meeting were read by the City Clerk.
Motion: Vice Mayor Marchbanks moved to accept the minutes
as read.
Seconded by: Council Member Nixon
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon, Unkel
No: None
Motion Passes 7/0
Mayor’s Request For Agenda Changes:
§ Removal of Item A on the consent agenda – Library Board Member
Committee Reports:
§ GVFD Committee report given by Mark Berry.
§ Lands Committee report given by Council Member Berry.
Consent Agenda:
Item removed
Ordinances for Publication:
§ 2008-06NCO An Ordinance for the City of Gustavus providing for the amendment of the DRC budget for Fiscal Year 2008.
Council Member Unkel explained this agenda item.
Public Comment: None
Motion: Council Member Unkel moved that the Council accept
Ordinance 2008-06NCO for publication.
Seconded by: Vice Mayor Marchbanks
Council questions and discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon Unkel
No: None
Motion Passes 7/0
§ 2008-07NCO An Ordinance for the City of Gustavus providing for the amendment of the Road budget for Fiscal Year 2008.
Council Member Unkel explained this non code ordinance.
Public Comment: Lois Nixon
Motion: Council Member Unkel moved that the Council accept
Ordinance 2008-07NCO for publication.
Seconded by: Vice Mayor Marchbanks
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon
Unkel
No: None
Motion Passes 7/0
§ 2008-08NCO An Ordinance for the City of Gustavus providing for the amendment of the Gustavus Volunteer Fire Department budget for Fiscal Year 2008.
Council Member Atkins explained the non code ordinance.
Motion: Council Member Atkins moved to accept budget amendment ordinance 2008-08NCO an amendment providing for the amendment of Gustavus budget for fiscal year 2008.
Seconded by: Council Member Berry
Council Member Unkel requested clarification that 2008-08NCO was for publication. Mayor Klawunder confirmed that.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon Unkel
No: None
Motion Passes 7/0
Ordinances for Public Hearing:
§ 2008-04NCO An Ordinance for the City of Gustavus providing for the amendment of the DRC Budget for Fiscal Year 2008.
Ordinance 2008-04NCO was read by Council Member Unkel.
Public Hearing: There being no one who wished to be heard the Public
Hearing was closed.
Motion: Council Member Unkel moved that the council accept and pass ordinance 2008-04NCO.
Seconded by: Council Member Nixon
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon
Unkel
No: None
Motion Passes 7/0
§ 2008-05NCO An Ordinance for the City of Gustavus providing for the amendment of the Library budget for fiscal year 2008.
Ordinance 2008-05NCO was read by Vice Mayor Marchbanks.
Public Hearing: There being no one who wished to be heard the Public Hearing was closed.
Motion: Vice Mayor Marchbanks moved that we pass 2008-05NCO a non code ordinance for the City of Gustavus providing for an amendment of the Gustavus Public Library budget for FY 2008.
Seconded by: Council Member Berry
Council comment and discussion.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Resolutions: None
Policy & Procedure for Publication:
§ Salmon River Harbor Policy & Procedure
Council Member Howell gave an explanation about the Salmon River Harbor Policy & Procedure.
Public Comment: None
Motion: Council Member Howell moved that the Salmon River Harbor Policy be published for public comment as it exists in draft.
Seconded by: Council Member Marchbanks
Council comments followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
§ Conflict of Interest Policy & Procedure
Council Member Howell gave an explanation of the agenda item.
Public Comment: None
Motion: Council Member Howell moved that we publish for public comment the policy on Conflict Of Interest.
Seconded by: Council Member Nixon
Council comment followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon
Unkel
No: None
Motion Passes 7/0
Policy & Procedure for Public Hearing: None
Unfinished Business:
§ Endowment Fund Proposals- Acceptance for Funding
CONFLICT OF INTEREST: Council Member Atkins
– Council Member Atkins stated that he may have a conflict of interest with the Preschool proposal because his son attends the preschool. He stated that
there is tuition charged and this may
lower his tuition.
RULING: Mayor Klawunder ruled that Council
Member Atkins does not have a conflict.
(Clerk’s Note – Council Member Berry had declared a conflict of interest concerning the DRC proposals in the City Council General Meeting on February 14, 2008. Vice Mayor Marchbanks acting as presiding officer at that meeting ruled “…that he should be allowed to answer any question pertaining to any of the projects as they are put forth to the Council, but for the sake of propriety I feel he should not be allowed to vote on the DRC projects only.” Vice Mayor Marchbanks ruling governs Council Member Berry’s participation in this meeting.)
CONFLICT OF INTEREST: Council Member Nixon
– Council Member Nixon stated that he may have a conflict of interest concerning the preschool building and upgrade proposal because of the electrical work involved in the upgrade.
RULING: Mayor Klawunder ruled that Council
Member Nixon does have a conflict of
interest in the building upgrade.
COUNCIL MEMBER
REQUEST TO OVERRIDE: Council Member Berry
ROLL CALL VOTE TO OVERRIDE DECISION:
Yes: Atkins, Berry, Howell, Marchbanks
No: Klawunder, Unkel
Override Vote Passes 4/2
CONFLICT OF INTEREST: Mayor Klawunder
-Mayor Klawunder stated that he does not feel that he has a conflict of interest but his wife if president of the Clinic Board.
CONFLICT OF INTEREST: Council Member Nixon
- Council Member Nixon state that his wife is on the Clinic Board, but he does not feel he has a substantial financial interest.
RULING: Mayor Klawunder ruled that Council Member Nixon does not have a conflict of interest.
CONFLICT OF INTEREST: Vice Mayor Marchbanks
-Vice Mayor Marchbanks stated that she may have a conflict of interest concerning the Foot Trails proposal because of her family’s construction company.
RULING: Mayor Klawunder ruled that he does not feel there is a conflict of interest.
Preschool Upgrade - Building Upgrade
Public Comment:
Barb Bruno
Joe Lassiter
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Pre School in the amount of $3,900.00 for building upgrades.
Seconded by: Council Member Atkins
Council Discussion followed.
Motion withdrawn and resubmitted by Council Member Unkel.
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Pre School in the amount of $3,940.00 for building upgrades.
Seconded by: Council Member Atkins
Council Discussion followed.
POINT OF ORDER: Council Member Howell asked for the parliamentarian to come forward to address a question. Council Member Howell had a question and concern about how the Council would be proceeding with the list. Council and Parliamentarian discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Klawunder, Marchbanks, Nixon, Unkel
No: Howell
Motion Passes 6/1
The meeting recessed at 8:13PM and reconvened at 8:18PM.
(Clerk’s Note - Vice Mayor Marchbanks will draw a number that references each proposal out of a bowl to determine the order in which the proposals are to be handled. That number will be listed after each item in the minutes.)
Public Comment:
Barb Bruno
Mary Hervin
Lois Nixon
Joe Lassiter
Rita Wilson
Thomas Imboden
City Office - New Clerk Desk – Number 21
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $2,150.00 for a new clerk office desk.
Seconded by: Vice Mayor Marchbanks
Council discussion followed.
Motion to Amend: Council Member Atkins moved to amend to $1,500.00.
Seconded by: None
Motion lacked a second and fell to the floor.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Marchbanks, Nixon, Unkel
No: Klawunder
Motion Passes 6/1
Foot Trails - Sign, Markers, Bench – Number 5
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the Nature
Conservancy in the amount of $4,800.00 for signs,
markers and bench construction.
Seconded by: Council Member Atkins
Council discussion followed.
Motion to Amend: Council Member Berry moved to amend the dollar amount to $2,400.00.
Seconded by: Council Member Howell
ROLL CALL VOTE ON AMENDMENT:
Yes: Berry, Howell, Klawunder, Nixon, Unkel
No: Atkins, Marchbanks
Motion to Amend Passes 5/2
ROLL CALL VOTE ON AMENDED MAIN MOTION:
Yes: Berry, Howell, Nixon
No: Atkins, Klawunder, Marchbanks, Unkel
Motion Defeated 3/4
DRC - Facility Improvements - Number 30
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the DRC in the amount of $5,370.00 for DRC facility repair and improvements.
Seconded by: Vice Mayor Marchbanks
Council discussion.
Motion to Amend: Council Member Atkins moved to change that figure from $5,370.00 to $4,000.00.
Seconded by: Council Member Unkel
ROLL CALL VOTE ON AMENDMENT:
Yes: Atkins, Klawunder, Marchbanks, Unkel
No: Howell, Nixon
Recused: Berry
Motion Passes 4/2 with 1 recused
Motion to Amend: Council Member Nixon moved to amend to $2,500.00
Seconded by: None
Motion lacked a second and fell to the floor
Council discussion followed.
ROLL CALL VOTE ON AMENDED MAIN MOTION:
Yes: Atkins, Howell, Klawunder, Unkel
No: Marchbanks, Nixon
Recused: Berry
Motion Passes 4/2 with 1 recused
Clinic - Office Manager Training – Number 10
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $975.00 for Office manager training.
Seconded by: Council Member Atkins
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Nixon
No: Marchbanks, Unkel
Motion Passes 5/2
PreSchool - Salary and Insurance – Number 2
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the Gustavus
Pre School in the amount of $4,000.00 for salary and
Insurance.
Seconded by: Council Member Atkins
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Nixon
No: Marchbanks, Unkel
Motion Passes 5/2
Clinic – Staff Development Provider Education – Number 9
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $3,500.00 for provider education.
Seconded by: Council Member Berry
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Nixon, Unkel
No: Marchbanks
Motion Passes 6/1
City Office 2 Drawer File Cabinet – Number 19
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $680.00 for two 2 drawer file cabinets.
Seconded by: Council Member Berry
Motion to Amend: Council Member Atkins moved to amend that figure from $680.00 to $400.00.
Seconded by: None
Motion lacks a second and fell to the floor
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Clinic - Water System – Number 12
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the Gustavus Clinic in the amount of $3,272.86 for water system
Upgrades.
Seconded by: Council Member Atkins
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
City Office B&W/Color Copy/Scan/Fax – Number 17
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the City of Gustavus in the amount of $6,200.00 for a color/black & white copy machine.
Seconded by: Council Member Berry
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Foot Trails - Parking & Road –Number 3
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the Nature
Conservancy in the amount of $3,500.00 for parking
and road construction.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Klawunder, Marchbanks, Nixon, Unkel
No: Howell
Motion Passes 6/1
City Office - Council Table – Number 23
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $1,000.00 for new council table.
Seconded by: None
Motion lacked a second and fell to the floor.
City Office – Freight – Number 25
Motion: Council Member Unkel moved that the Council accept
the endowment grant proposal from the City of Gustavus in the amount of $1,500.00 for freight.
Seconded by: Council Member Howell
Council discussion followed.
Motion to Amend: Council Member Berry moved to amend this figure to $1,000.00.
Seconded by: Vice Mayor Marchbanks
ROLL CALL VOTE ON AMENDMENT:
Yes: Atkins, Berry, Klawunder, Marchbanks, Nixon, Unkel
No: Howell
Motion Passes 6/1
ROLL CALL VOTE ON AMENDED MAIN MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Clinic - Paper Shredder – Number 14
Item was removed at the request of the submitter.
DRC - Groundwater monitoring – Number 27
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the DRC in the amount of $1,550.00 for Groundwater project testing equipment.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Recused: Berry
Motion Passes 6/0 with 1 recused
Clinic -Office Accounting Training – Number 11
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $1,600.00 for office accounting training.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon
No: Unkel
Motion Passes 6/1
D. Clinic Pediatric Life Support – Number 8
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $2,020.00 for pediatric life support equipment.
Seconded by: Council Member Berry
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Foot Trails - Trail Design – Number 4
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Nature Conservancy in the amount of $5,000.00 for trail design.
Seconded by: Council Member Atkins
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
City Office - 4 Drawer File Cabinet – Number 18
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $650.00 for 4 drawer file cabinet.
Seconded by: Council Member Berry
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Marchbanks, Nixon, Unkel
No: Klawunder
Motion Passes 6/1
Clinic - Hard Drive Backup – Number 15
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $200.00 for a hard drive backup device.
Seconded by: Council Member Howell
Council discussion followed.
Motion to Amend: Council Member Atkins moved to amend to change that from $200.00 to $100.00.
Seconded by: Council Member Unkel
ROLL CALL VOTE ON MOTION TO AMEND:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
ROLL CALL VOTE ON AMENDED MAIN MOTION:
Yes: Atkins, Howell
No: Berry, Klawunder, Marchbanks, Nixon, Unkel
Motion Defeated 2/5
City Office-10% Buffer for Product Cost & Freight Increase –Number 26
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $1,500.00 as a buffer for increase cost in furniture request.
Seconded by: Council Member Atkins
Council discussion followed.
Motion to Amend: Council Member Atkins moved to amend that amount to $750.00.
Seconded by: Council Member Berry
ROLL CALL VOTE ON MOTION TO AMEND:
Yes: Atkins, Berry, Marchbanks, Nixon, Unkel
No: Howell, Klawunder
Motion Passes 5/2
ROLL CALL VOTE ON AMENDED MAIN MOTION:
Yes: Atkins, Berry
No: Howell, Klawunder, Marchbanks, Nixon, Unkel
Motion Defeated 2/5
City Office - 7 Council Chairs – Number 24
Motion: Council Member Unkel moved the Council accept the endowment grant proposal from the City of Gustavus in the amount of $560.00 for 7 new council chairs.
Seconded by: Council Member Howell
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Howell
No: Atkins, Berry, Klawunder, Marchbanks, Nixon, Unkel
Motion Defeated 6/1
Library Equipment
Motion: Council Member Unkel moved that the Council accept endowment grant proposal from Gustavus Library in the amount of $500.00 for a matching grant towards Library equipment.
Seconded by: Vice Mayor Marchbanks
Council discussion.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Clinic Office Equipment - Internet/ High Speed Number 13
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $1,100.00 for obtaining high speed internet access.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
City Office - 30 Audience Chairs
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $1,800.00 for 30 audience chairs.
Seconded by: None
Motion lacked a second and fell to the floor.
DRC - Septic Land Spreading – Number 28
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the DRC in the amount of $6,880.00 for septic waste land spreading pilot project.
Seconded by: Council Member Nixon
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Howell, Klawunder, Marchbanks, Nixon, Unkel
No: None
Recused: Berry
Motion Passes 6/0 with 1 recused
Clinic - Satellite Radio – Number 16
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the Gustavus Clinic in the amount of $200.00 for a satellite radio.
Seconded by: None
Motion lacked a second and fell to the floor.
City Office - Fire Proof File Cabinet – Number 20
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the City of Gustavus in the amount of $550.00 for one fire proof cabinet.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
DRC - Bobcat Replacement – Number 29
Motion: Council Member Unkel moved that the Council accept the endowment grant proposal from the DRC in the amount of $6000.00 for Bobcat replacement fund.
Seconded by: Vice Mayor Marchbanks
Council discussion.
Motion to Amend: Council Member Nixon moved to amend that amount
to $3,000.00.
Seconded by: None
Motion lacked a second and fell to the floor.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Howell, Marchbanks, Nixon, Unkel
No: Klawunder
Recused: Berry
Motion Passes 5/1 with 1 recused
Foot Trails - Administration Costs
Item was removed at the request of the submitter.
DRC - Bio Diesel Project
Item was removed at the request of the submitter
New Business:
§ Clinic Utilities $2,100.00
Public Comment: None
Motion: Council Member Berry moved that the City Clerk be directed to send the Gustavus Community Clinic a check for $2,100.00, as allocated in the City’s FY08 budget, for Clinic utilities.
Seconded by: Vice Mayor Marchbanks
Mayor Klawunder gave an explanation concerning energy assistance from the state.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon,
Unkel
No: None
Motion Passes 7/0
Motion: Council Member Berry moved that the City Clerk include with the before mentioned $2,100 check, a directive from the Council, that the Clinic provide a written quarterly report to the Council, accounting for utilities expenditures and showing how much remains of the $2,100 allocation.
Seconded by: Council Member Nixon
Council discussion followed.
ROLL CALL VOTE ON MOTION:
Yes: Atkins, Berry, Howell, Klawunder, Marchbanks, Nixon
Unkel
No: None
Motion Passes 7/0
City Council Questions & Comments
§ Council Member Nixon talked about the proposed new fuel storage and a possible meeting on April 30, 2008 and discussed the funding that is secured for this project.
§ Mayor Klawunder –
o Discussed that the Finance Committee would be meeting next Monday, Tuesday and Wednesday concerning Committee budgets.
o Community Garden will be being given a land use permit.
o Borough Special Committee will be meeting with the council in a combined meeting at the next work session.
o The hunting ordinance is something that needs to be
worked on.
o Talked to an engineer concerning the Library walls.
§ Council Member Nixon – Stated he had looked at the Library Building plans and had also had looked building. It is a foam panel building and that caulking is missing from the windows.
§ Mayor Klawunder –
o Annexing of Falls Creek – The Mayor has identified one person to work on and is looking for one or two more.
o DCCED Survey – Nicole Grewe will be in Gustavus for a June 4th meeting.
o Environmental Assessment of the Dock & also Airport scoping will be in one combined meeting from DOT possibly in May.
City Clerk’s Report:
§ City of Gustavus Profit & Loss
Public Comment on Non-Agenda Items:
§ Public Comment was given by:
o Janet Lassiter – Written copy received
Executive Session - None
Adjournment:
Motion: Council Member Berry moved to adjourn
Seconded by: Council Member Nixon
General Consent: There was no objection noted.
With no further business before the Council the meeting was adjourned at 9:50 PM.

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General Meeting Minutes 3-13-2008
