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Moyie Springs City Council minutes, September 7
October 10, 2016
The Moyie Springs City Council met in regular session September 7, 2016, 7 p.m. at the Moyie Springs City Hall.

The meeting was called to order by Mayor Doug Evans. Present were Councilmen Steve Economu, Chad Farrens, Terry Johnson, Tim Narvaez, Public Works Supervisor John Nelson, Fire Chief Ken English and City Attorney Dan Featherston

Dennis Weed from EDC, Bill Maestretti, Ginger Perrenoud, Dave and Sybil Volking, Stephanie Chase and daughter, Steve and Dianne Oxford, Meredith Keller were also present.

Discussed the minutes of the regular meeting from August 3rd, 2016. A motion was made by Terry Johnson and seconded by Steve Economu to accept the minutes as corrected. Motion carried.

Discussed the current financial statement. Mayor Evans asked for comment or questions on the current financials. A motion was made by Steve Economu, and seconded by Terry Johnson to accept the current financials from August 2016. Motion carried.

Mayor Evans declared the Budget Hearing opened. Donna Wilson-Funkhouser read the 1st complete reading of Ordinance #124 – the Annual Appropriations Ordinance for the fiscal year beginning October 1, 2016 and ending September 30th, 2017 appropriating the sum of $706,150.1 to defray the expense and liabilities of the City. A motion was made by Steve Economu and seconded by Chad Farrens to waive the 2nd & 3rd complete readings of the ordinance and to be read by title only. Motion carried. Mayor Evans read the 2nd & 3rd titles only. A motion was made by Steve Economu and seconded by Terry Johnson to approve Ordinance #124 in the amount of $706,150.11. Mayor Evans asked for a roll call. Chad Farrens – Aye; Steve Economu – Aye; Terry Johnson – Aye; Tim Narvaez – Aye. The motion passed unanimously. Mayor Evans declared the Budget Hearing closed.

Dennis Weed updated the Council on projects that he was working with the EDC. He reported that he had talked with AT & T about the tower in Moyie. AT & T has purchased two electrical meters and they are waiting for a schedule date. Dennis Weed said that he had also contacted Frontier on the fiber optics in the area and they are projecting next year for operation. Frontier’s plan is to go out on the old Highway Two. Steve Economu said that he had heard that the line would be coming from Libby and would be meeting in the middle somewhere. Dennis Weed said that he thought it would be about the fire station on the Old Highway Two. Dennis Weed stated that he had talked with Dan Dinning from the County Commissioners about a County sewer system and that he thought the County Commissioners were on board for working with the City of Moyie Springs and the City of Bonners Ferry for the County. Mayor Evans asked if Dennis Weed could catch up the Council the County sewer plan. Dennis Weed said that he knew that the City of Moyie Springs is in the process of upgrading their system and a sewer system is in need in the Three Mile area, and he thought that the County and the Cities could work together and see if it is possible to create one sewer system for the County. His thought was to bring a line up possibly Roosevelt Street up towards the Three Mile area. He is trying to setup a meeting between the three entities to work on the issue. The County pit is a site that might be usable. The County is on board to make the one sewer system. He suggested another option could be of pumping sewer discharge back to the City of Bonners Ferry. He thought that pumping towards the Moyie area might be less expensive. The sewer expansion would allow for commercial growth and residential. Mayor Evans said he didn’t know if the County pit would work for a sewer discharge system. Dennis Weed said he did not know either and want the meeting to share ideas and alternatives for the sewer system. Tim Narvaez asked who would be in charge of the sewer system, if the City of Moyie Springs agrees who would take the lead in the sewer system. Dennis Weed said that with the larger area of the Three Mile area and the City of Moyie Springs would allow for more grant funding then doing separately. He said he thought Nancy Mable would be able to help with the grants. Mayor Evans stated the time table that the City is facing to comply with DEQ. Dennis weed said that he was aware that the City had a deadline of year end. Tim Narvaez questioned who would be setting the system up. Dennis Weed said that it could be done publicly or privately. Tim Narvaez asked if all the residents would be required to be on the system. Dennis Weed asked who was on the sewer system now. Mayor Evans said that just the downtown area was serviced by the sewer system. Tim Narvaez said that he believed that the City system and the City as a whole should be supporting the system for future growth. Dennis Weed said that he did know that Panhandle Health District permits septic system to the suburban area of Moyie. Tim Narvaez said that the whole City needs to participate, hands down. Dennis Weed will work on setting up the joint meeting.

Discussion was had on the structure built to close to the property line of Stephanie Chase on Sheri Drive. A tree house was built on the back side of Chase’s property 3 feet from the property line. Mayor Evans said the lot size on Sheri Drive were 1 ¼ acre lots. Dan Featherston asked what the City Ordinance said about the structures built. Mayor Evans said that he believed that you had to be built 5 feet from your property line. Dan Featherston said that he said one solution might be to do a lot line adjustment between the two adjoining property owners to comply with the City Ordinance. The 2 feet lot line adjustment would be the cleanest way to solve the problem. Stephanie Chase said that she had talked to her neighbor Bob Surprenant about the line encroachment and he did not have a problem with it. Stephanie said that her daughter had written a letter to the Council regarding her tree house and asked if her daughter could read it. Mayor Evans allowed her to read the letter. Stephanie Chase’s daughter read her letter. The letter stated her concerns and plead for allowing the tree house. Dan Featherston wondered if the tree house should be considered as a structure. He asked the size of the tree house. Stephanie Chase said that the tree house was 8 x 8. Steve Economu questioned why an issue. Dan Featherston said he would like to table the discussion until he had time to decide if the tree house falls into the Ordinance. Ken English said that there is no structure to be built with the 5 feet property line, and that it was also a fire safety issue. Chad Farrens said that he believed that there was a 5 foot building requirement. Meredith Keller asked about the legality of the situation. Mayor Evans told the daughter of Stephanie Chase he appreciated her letter and time. Mayor Evans asked for a motion to table the discussion. He also said that a waiver might be possible. Dan Featherston said he would review and send a letter of recommendation to the Council to resolve in the cleanest way. A motion was made by Steve Economu and seconded by Chad Farrens to table the decision while the Ordinance was reviewed. Motion carried.

There were no parties present for discussion on the Trailer Park on the corner of Roosevelt Street and North Division Street.

John Nelson reported on the paving project on North and South Division Street. John Nelson was told by Interstate Concrete that the paving job would start on 9/22/16. Steve Economu asked if Interstate Concrete would be paving on the 22nd and 23rd, Thursday and Friday. Mayor Evans asked about the expenses on the project. Terry Johnson asked if Interstate Concrete was applying a skim coat and leveling and what cost that would be. John Nelson believed that Interstate Concrete was indeed applying a skim coat and also leveling. John Nelson said he would have a meeting with Larry from Interstate Concrete to discuss prior to the project beginning. John Nelson proposed closing part of North Division off Highway 2 to re-grade the road to make the grade 2% to possibly 5% grade after turning on to North Division from Highway 2. Terry Johnson asked if John Nelson had spoken to Interstate Concrete about it. John Nelson said he had talked to Interstate Concrete and that it would be 2 inches for the full length. Terry Johnson asked if that would change the bid. Mayor Evans asked if it would be wiser to save the money instead of increasing the grade. Terry Johnson said it would probably cost more and should have been done before the bid. Tim Narvaez asked if John Nelson was the only one doing the grading. John Nelson stated he believed the County would help him out. Mayor Evans asked if the grading job was necessary. John Nelson said he was worried about the turn bay lane that the state is putting in and possibly changing it from the 2% grade up to a 5%. Tim Narvaez questioned if it would be less pavement. John Nelson says it is 115 feet if done the right way to start with the 5% grade. If not done, he is worried about slide off. It would also require also the water truck and roller to correct the grade. Terry Johnson thought the crown on the road needs to be kept. Tim Narvaez stated that that is a wonderful thought but is there time. Mayor Evans said that if it had been discussed sooner there may have been enough time. Terry Johnson stated he thinks it is a bad idea at this time because what if the County can’t help in the one week to make it happen. Mayor Evans stated it was a risky call because if something happened they can’t delay the road paving. Mayor Evans wants fewer burdens on traffic especially the winter traffic. Tim Narvaez suggested the City error on the side of caution. Steve Economu said the City should trust their opinion. John Nelson thinks the State will be finishing the turn bay lane next week. Mayor Evans stated that the Council was not really in favor due to time constraints. Terry Johnson says there is a deadline and it cannot be put off. John said that the South Division compaction test came back at a 95, and that South Division was ready for paving. Tim Narvaez wanted to let John Nelson know he did a good job. Mayor Evans said that it all sounded good and that he believed the road should hold up well.

Discussion on the Grant Application with Union Pacific Railroad for $50,000 for Youth Basketball/Tennis Court. Dennis Weed reported on grants that had been applied for. Dennis Weed helped Donna Wilson-Funkhouser submit a UPF grant to build a recreational area for the area youth in Moyie Springs. Mayor Evans had suggested a basketball court / multi-purpose court for recreation and exercise for the youth and family. The grant was a match grant that could be a match of donation in kind of labor and services from the community. David Weed also told of Mayor Sims application for a grant from Blue Cross that was for youth health. The grant application was applied for the City with the help and involvement from Boundary County organizations that deal with the youth and community related outreaches for the County; like the Boundary County School District, GROW, Community Hospital, Kootenai Tribe, 4-H, BC Parks and Rec, The community needs vote for Bonners Ferry daily online to finalize the High 5 grant for $250,000 to possibly build a rec center for the County, and or use for other health related activities that the Community needs. Tim Narvaez asked about the IFG mill property that they had just purchased as a good location for a park. Chad Farrens said that he thinks they are putting in a new scale there. Tim Narvaez said the property has water and sewer already. Dennis Weed says there is a stipulation with the grant for it to be used within ¼ to ½ mile of any railroad tracks. Dennis Weed stated that it would a donation in kind if mill allowed the land use and that would be a great thought. Mayor Evans said that it doesn’t hurt to ask. Dennis Weed said he would talk to the mill if the grant is approved. Mayor Evans stated he will mention it to Chris and ask about a donation in kind if Dennis Weed can get the UPF to match. Mayor Sims had sent a link to the City office for the community to vote for Bonners Ferry for the High Five Idaho Grant for the $250,000 daily thru September 30th, 2016. The link will be forwarded to the Council. Bill Maestretti said would be nice if tennis courts at least and probably handball and basketball courts as well; the goal is to appeal to more people.

Subdividing lots from ¾ of an acre as the ordinance states to ½ an acre. Tim Narvaez said he has always heard that Panhandle Health District stated that it has to be ¾ of an acre for septic systems. He had talked with Panhandle Health District and they don’t require ¾ of an acre for septic systems. Tim Narvaez asked why the City requires ¾ of an acre when Panhandle Health only requires ½ an acre. Mayor Evans said it does not have to do with Panhandle Health but rather because there is less septic into condensed areas if the acres are ¾ instead of ½. Mayor Evans stated that the lots used to be smaller about 1/3 to ¼ acre lots. Tim Narvaez questioned why it could not be changed if Panhandle Health agreed to the ½ acre lot. Mayor Evans reiterated that the City requiring ¾ acre lots was not due to Panhandle Health regulations. Terry Johnson stated that if a change was wanted the ordinance would have to be changed. Mayor Evans said that the prior 1/3 acre lots were already updated to the newer ¾ acre lot ordinance but that he was not sure when the new ordinance was initiated and stated he was not certain it was necessary to decrease it to ½ acre. Tim Narvaez stated he was just questioning if the City was correct with sticking to the ¾ acre when Panhandle Health had Okayed the ½ acre lot and stated that if anyone wanted more land they could move to the country, generally city lots are smaller. Tim Narvaez wanted to know if the City needed verification from Panhandle Health and if then they would change the ordinance. Mayor Evans stated that the Council had changed from the 1 1/2 acre to the ¾ acre lot size. Tim Narvaez said the City should extend the sewer system to accommodate smaller lots. Mayor Evans said that the City had dropped the lot size from the 1 ½ acres to the ¾ acre, that was in effect before he was on the Council. The County can also change the lot size to the smaller lot if in the City impact area. Tim Narvaez questioned what the concern was for the City, and asked if the City could question Dan Featherston about it. Tim Narvaez also stated that only 70 customers are on the City sewer system and was curious about how the City can manage the newer sewer requirements with the support of just sewer customers. Ken English said maybe Panhandle Health would change one day to a larger lot. Tim Narvaez said the City needs to look forward since Panhandle Health had Okayed the ½ acre lot size. Chad Farrens said, if needed, the City could do a parcel assessment for future growth of the City sewer system, but that any adjustments would cost the sewer customers a fee for any improvements or expansion. Mayor Evans said the City cannot force people and that it would have to go in front of a judge to see if it could be approved. Tim Narvaez asked if the City was willing to go to ½ acre lots. Ken English questioned Tim Narvaez wanting to divide his property to ½ acre lots was personal and not City business. Tim Narvaez said it was City business not personal if Panhandle Health was the limiting factor in the City’s lot size requirement. Dan Featherston said that the City has set a higher standard than Panhandle Health. Tim Narvaez said there needed to be clarification, or drawing to show example to the City’s size determination if Panhandle Health had Okayed. Dan Featherston said that it was probably due to saturation as to why the City used the septic systems as a factor in lot sizes. Mayor Evans said the Council didn’t dispute Panhandle Health, it was an ordinance set by the City standards, not by Panhandle Health District but by the Council. Chad Farrens stated it was a decision made by an old Council before he and Mayor Evans were Councilmen and that they had changed to the ¾ acre. Mayor Evans stated that the Council had already changed the ordinance to ¾ acre lots. Mayor Evans said that the Council could discuss the changing of the lot size. Tim Narvaez stated that he still wanted the sewer system assessment to be made to account for future growth of the county and city. Mayor Evans asked if the Council wanted to change ordinance 90. Mayor Evans asked Dan Featherston his opinion. Dan Featherston said he advised that an assessment needed to be provided before any changes were made. Ginger Perrenoud asked if something similar to the school tax could be used to pay for any sewer upgrades or changes. Dennis Weed said any fees accessed had to be paid by those who use the sewer system and within the 200 feet of the system. Terry Johnson asked Dan Featherston if a bond was needed to vote on it to extend the within 200 feet hook on requirement for accessing a fee to the City. Tim Narvaez said that it should encompass all of the City of Moyie. Bill asked about the cost. Dennis Weed said millions. Steve Economu said that a higher requirement for the system operator was needed and their wages would be a cost factor too for the City. Terry Johnson asked about the grant. Dennis Weed said 13 million was a number he thought showed in a prior county study for a county sewer system. Mayor Evans agreed that is what he thought as well. Steve Economu said he thought it was up to the area to decide on the expansion. Terry Johnson said it had not changed earlier. Chad Farrens said ½ acre was ok but not ¼. Mayor Evans asked if the Council wanted to draft an ordinance or table the discussion for now. Steve Economu said he thought the ordinance should be left at ¾ of an acre. Chad Farrens stated that more lots subdivided would need more water hookups. Mayor Evans said there would be no limit just increase of size and the ability to supply. Steve Economu said city wide sewer not available yet, and thinks it should be left at ¾ of an acre. Terry Johnson stated that Panhandle Health District may allow the smaller lot size but that he didn’t think the City should be making sewer the guiding factor for downsizing the ¾ acre lots. Mayor Evans stated again that it was a City rule and had nothing to do with Panhandle Health District; the City had decided to have ¾ acre lots due to more impact on the soil with smaller lots. Terry Johnson said it has been an ordinance for years. Chad Farrens said it was cut in half from 1 ½ acres to ¾ of an acre when the ordinance was changed. Mayor Evans said do we want to entertain the motion for changing the lot size. Terry Johnson said ¾ acre lots. Steve Economu said ¾ acre lots, Chad Farrrens said ½ acre was alright with him but not ¼ acre. No motion made.

Truck Brake Engine Noise - Prohibit? Tim Narvaez asked what does the city need to do to lessen the noise and asked if an ordinance could be made to restrict or curtail the noise. Mayor Evans stated that no tickets are issued by the DOT so how does the City enforce it. Tim Narvaez stated that the city could issue an ordinance and post a sign. Steve Economu stated the brakes were a safety factor and putting a sign up might encourage truckers to be more respectful of the surrounding houses. Steve Economu said he thought a lady had tried to get an ordinance for the truck noise before and that she had spoken to the mill, the DOT, and the county and nothing helped. Mayor Evans said we could draft an ordinance. Tim Narvaez would like to see an ordinance and a fine for violation. Chad Farrens said a sign would be a good idea stating no un-muffled brakes. Mayor Evans said maybe a sign and the ordinance too. Tim Narvaez said it should be a sign regarding the ordinance and penalty for the un-muffled brakes. Terry Johnson said it will only work if we can get someone to write tickets. Bill Maestretti suggested a time frame for no braking. Tim Narvaez said we need to require un-muffled brakes. Mayor Evans said smaller trucks might not necessarily need un-muffled brakes but larger trucks do need the brakes. Dan Featherston said he could get a copy the State’s statutes regarding un-muffled brakes and review other city’s ordinances. A motion was made by Chad Farrens and Terry Johnson seconded to have Dan Featherston proceed with drafting an ordinance for banning un-muffled brakes. Motion carried.

Dan Featherston brought up the discussion on Ordinance 19A regarding the tree house built by Stephanie Chase. Dan Featherston said after reviewing the ordinance he thought it might be possible. He would review the ordinance more and send a letter to the City regarding the Stephanie Chase building discrepancy.

A joint city Council and County Commissioner meeting was discussed. The City of Bonners Ferry has meetings the 1st and 3rd weeks monthly. The October 28th, maybe an option.

Miscellaneous Business-Dave Volking Subdivision. Dave Volking stated he should have been on the agenda. Mayor Evans said he understood an ordinance was emailed. Dave Volking said it needed clarification. Mayor Evans read a section of ordinance 90 regarding subdivisions and the developer, at the developer expense to extend the lines to within 50 feet of each lot within the subdivision. Dave Volking said he understood it to be 8 inches waterline in front of lots and that he believed, that was agreed upon already. Mayor Evans said that it would require the proposed subdivision would require the water line to loop from North Elk Street. Dave Volking said he doesn’t think that part of the waterline for the loop was his responsibility. Chad Farrens said the engineers had recommended the waterline loop. Dave Volking said that the requirement is not legal or law based and is just a suggestion from the engineers. Mayor Evans said he thought the Council already said the loop and line was a requirement. Dave Volking stated he was not willing to do the loop in the line that was the City’s responsibility. Mayor Evans said he needed that in writing and he will fight engineer’s suggestion. Dave Volking said he doesn’t believe it is his subdivision’s responsibility to supply pressure. Tim Narvaez clarified that it was to maintain the pressure and flow. Dave Volking said he should not be required to supply that pressure to the other side of the highway on North Elk Street. Mayor Evans said the engineer decided the flow from the line. Dave Volking said he will challenge the engineer and the City. Mayor Evans said it was not for the City’s infrastructure but about the big effect on the system for the line extension. Dave Volking agreed that he will place an 8 inch line in front of his properties, but would not do the road crossing to North Elk Street. He believes the City should do that. He also said he believes the 8 inch line is an advantage to the City and would like to have the engineer look at it again. Mayor Evans asked Dave if his proposal was to run an 8 inch line down his property in the front. Dave Volking asked if the engineer would think that would sufficiently supply the system. He also proposed that it was an advantage to the City because it was bringing more business and homes. Chad Farrens said the plats keep changing. Dave Volking said that the Council had talked about him taking out lots to lighten the water load and then said it was not about plats it is about water. Tim Narvaez said there is also a right of way issues, that there are a lot of gray areas whether there are less or more lots. Mayor Evans said there are more issues to consider than just lot sizes such as road access. Mayor Evans said the Council just wanted to know where Dave Volking was at regarding the plats. Regarding the prior plats discussion, Steve Economu found the recommendation to loop the water line in the engineer’s report. Dave Volking said he will not do the road crossing and that the Council was not willing to work with him on his subdivision. Steve Economu said the Council was not trying to delay his development. Dave Volking said he has to try to compromise and ask for a co-op effort with the City. Dave Volking was unsure if he was or was not on the agenda. He added that the property is zoned commercial and he would not allow any rezoning. Mayor Evans said that a separate road was suggested by the City Engineer Mike Woodward, for access to the commercial property. Tim Narvaez asked if all the commercial access was from North Division. Mayor Evans said the engineers stated that it should not be off Elk. Terry Johnson said it will have to go on commercial usage. Mayor Evans said the Council can control where access is to a commercial property. Dave Volking reviewed the map with the Council. Mayor Evans said the City would have to have a public hearing on the plat before it could be approved. Dave Volking asked if it could be done in executive session. Mayor Evans stated that executive session was only for specified reasons and this didn’t qualify. Meredith asked Dave Volking why he questioned the engineer’s recommendation as being just an opinion and suggested that it was the engineer’s opinion and not necessarily correct and questioned why Dave Volking was qualified to say that. Tim Narvaez suggested there may be a grant to help develop the area possibly. Mayor Evans said maybe it should be discussed in a special meeting. Tim Narvaez said all proposed lots would need roads and water with an 8 inch line down the property line was going to be required. Mayor Evans referenced road ordinance 87. Dave Volking asked about a performance bond for 1½ times and said he will look for a grant, as well. Tim Narvaez said Dave needs to provide the required 8 inch water line per City ordinances and regulations. Dave Volking said he will challenge it then. Mayor Evans said that maybe a special meeting should be scheduled with the engineer.


Discussed the Volunteer Fire Department. Ken English reported the following: August 3rd – LEPC Meeting; August 21st - Ambulance Assist, 306 Elk Street; August 23rd – Ambulance Assist, Moyie Store; August 25th – Fire, Westwood; Ambulance Assist August 27th Maple Street; August 27th -Ambulance Assist, Walnut Street; August 28th- Ambulance Assist, Moyie Store. Ken also reported on the logos for the trucks and also ordered another headset for communication on the fire trucks.

Discussed the Water & Sewer systems. John Nelson reported we pumped a total of 10,945,700 gallons; the high on the 27th of 400,400 gpd, the low on 8th of 269,400 gpd, with an average of 353,087 gpd, for the month of July 2016. John reported on the sewage flow with an average of 23,616. He also said he was getting the County’s water meter hooked up.

Miscellaneous Business-Mill. Tim Narvaez said he was appalled that the City had agreed to allow the mill to dump garbage on the City’s property. If the City allows one company or person to do this, it should allow everyone to do it. The mill makes money and the City should not have allowed this. Tim Narvaez also questioned the legality of giving the mill preference with the City. Mayor Evans said that IFG had asked and that he had contacted 2 councilmen and he had also spoken to John Nelson. Tim Narvaez questioned why he had only asked 2 councilmen. Mayor Evans said he had called 2 councilmen to make a decision and they didn’t see a problem. He had called Terry Johnson and Chad Farrens. John Nelson said IFG had asked him 2 weeks ago about the dumping onto the City’s burn pile. Tim Narvaez said there is a cost for trucking and yardage price that IFG would have saved, and if we allow IFG we will need to allow others. Tim Narvaez asked why he was not called for his opinion for this decision of the Council. Mayor Evans said honestly because he knew Tim’s opinion regarding the mill, and didn’t want to hear it. Tim Narvaez asked if his opinion mattered. Tim Narvaez left the meeting. Ginger Perrenoud questioned if there was asbestos or lead paint in there demolished building that IFG wanted to dump on the City’s property. John Nelson said it might be possible to dig a hole or just clean up the area and remove. Terry Johnson said he thought they were cleaning it up. John Nelson said he called and they stopped immediately when the concern was voiced, and that they had only hauled one load. He added that someone else had questioned him regarding allowing the Mill to use the City’s site. Meredith asked if IFG should have had testing done. He also asked why IFG did not leave it there on their site and burn it where it was. Mayor Evans said that the City had a pile to burn and that IFG had just asked to add to the pile. Mayor Evans asked for a motion. Terry Johnson made a motion to not allow IFG to dump on the City property and it was seconded by Chad Farrens. Motion carried.

Discussed the accounts payable. A motion was made by Chad Farrens and seconded by Steve Economu to pay bills. Motion carried

A motion was made by Steve Economu and seconded by Chad Farrens to adjourn. Motion carried.
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