Call to Order:  Mayor Rauser called the meeting to order at 6:30 p.m.  The Pledge of Allegiance was recited by all.  In attendance are council members Angie Wintrow, Nate Brown, JB Howick, Vivian Boaz, and Doug Sitton.  Also in attendance are Jane Gillette, Shawn Simon, Andrew Herrick, Jenny Barnett, and Eric Crusch. 

Public Comment:  Jane Gillette-represent House District 77 said she wants everyone to know that she’s here for the Townsend community. 

Minutes:  JB made a motion to approve the minutes from December 2, 2025.  Angie seconded the motion.  All in favor, motion carried. 

Events Ordinance:  Several changes were made and now it’s up to the council to make a decision.  Mayor Rauser stated that she has a few edits.  Page 2 under additional city services, her suggestion is to place dashes between the date.  Page 6 under animal control, the subsection I where there is talk about MCA Title 7, Chapter 8, her suggestion is to use the word and instead of but to comply with, so comply with or be more restrictive and must comply.  And the last item is that she’d like council to look at page 10 under the reservation and event kind of issuance time frames for the 90, 60, 45, and 30 days.  Mayor Rauser stated that when she read it this time and looks at subsection B, that we get the application at least 90 days before the event, and then within 30 days of that submission it comes before council, and council can say yes this looks good or send it back to the applicant numerous times.  And my question is what if that happens enough times that we get down to subsection D there and we’re past that 45-day window.  JB stated that it would be an interesting problem to have, as we’ve never seen it.  On the other hand, we’ve seen the opposite problem where people come in at the last second, and the application has to go back, and that can have negative impacts.  Mayor Rauser stated that if something did happen where the application is delayed, special meetings could be called to avoid negative impacts on the event.  She also asked for clarification on the application announcements vs the permit announcements.  JB stated that the word “permit” should have been more clearly stated “permit application announcements.”   Mayor Rauser asked if it’s the desire is to have an application announced or if we want to let the public know that an event is happening, because a permit has been issued.  JB stated that the original discussion was that the expectation was that from the council’s perspective should be we want to make the event happen, based on the permit.  JB said we’re not looking to cancel events; we’re just trying to get everyone to conform to the same set of rules.  If we wait for the permit to be issued, then there could be a problem of somebody coming in 90 days ahead and then they still don’t get everything done in time for that 45-day limit.  JB asked what would be more appropriate.  Mayor Rauser stated ”that event permits shall be announced to the public, deleting the word “applications” and adding “all event permits shall be announced”. Angie asked who would be announcing this to the public.  JB responded, “the City.” 

Mayor Rauser asked for public comment on the proposed event ordinance.  No comment was made.  JB made a motion to adopt the proposed ordinance with the modifications as stated.  Angie seconded the motion.  All in favor, motion carried. 

Exempt Water Wells:  JB stated that this is primarily informational as he read a report from the League of Cities and Towns, describing efforts to make another proposal  close the exempt water well loophole.  Exempt water wells are causing problems.  They were created in the mid 70’s with the change of the water right laws, because the state legislature then understood that there was a problem with small subdivision developments in the way the water rights have been developed.  Unfortunately, that loophole has been taken advantage of with exponential growth of exempt roles over time.  Now it’s to the point that it is compromising agricultural water availability.  It was the basis of the difficulties with the Horse Creek Subdivision several years ago, and the county’s involvement with that lawsuit.  JB stated that with our own changes with our water system, he asked the question of what the city would do if something like this were to pass.  How would the unbuilt lots running up and down Highway 12 between here and the fairgrounds get water.  Would the only option be to connect to the city water line, which now runs along that road?  He sent a question off to Kelly Lynch at the League of Cities and Towns and what she had to say was informative.  She stated that some people will be grandfathered, so they will get their exempt permit before any change to close the loophole takes place, and it’s a non-issue.  Thereafter, their option is the city.  The city has the authority to allow connections outside of a contiguous boundary.  It’s complicated and therefore the question for the council is how we want to deal with non-contiguous water connections because eventually that loophole will not be an option.  Public Comment came from Representative Gillette, and she stated that it’s a huge issue and she’s very aware of the issue.  They attempted to run this through legislation to address the loophole, to make agriculture people and developers compromise.  It was a contentious meeting and voted on in the Senate and did not go further.  She stated that it’s very smart to bring this to everyone’s attention.  JB stated that another issue was brough up by Kelly Lynch.  She said that DEQ has the ability to restrict the usage of municipal water rights if they have not been used in the past, which means that cities can’t actually trust that the water rights they have are always available.  Representative Gillette said that is true and the law is the same everywhere to demonstrate that there is a beneficial use for the water right.  She stated that she would be happy to speak with DNRC regarding this.  Mayor Rauser stated that we are fairly close to finishing the adjudication of the city’s water rights, per the water right’s attorney.  There was one small water right that had been identified but no longer exists because it hadn’t been utilized or had been given up.  She wasn’t sure.  She stated that with our water project, the engineers had considered drilling a fourth well, however water rights adjudication was still in the works, it made more sense to maximize out water rights of the existing three wells.  Future growth could require a fourth well.  If a fourth well comes to be, there may have to be water rights mitigation.  JB stated that if we believed it would be useful, Kelly Lynch said she’d be available to schedule some time to come speak to the council in greater detail. 

Pending Business

Ordinance Review:  no report

Telecommunications Franchise Ordinance:  JB re-sent after he had made some changes, so Mayor Rauser will send that off to the city attorney for review. 

Public Comment:  Shawn Simon stated that he has the end of the 2025 yearly report.  They had about thirty-seven calls for service.  They responded to twenty-six of those calls.  The other ones were during the middle of the day and they could not respond, or a request for an ambulance driver.  If there’s a gas call, Northwestern Energy is called.  He stated that he’ll be talking to the school as they’ve been called twice for carbon monoxide alignment.  He will see if the boiler exhaust can be extended further away from the building.  One of the calls for an ambulance driver was answered by St. Peter’s Hospital all the way from Helena.  More EMT’s will be starting in January, so that will help with the availability of drivers. 

Clerk:  (Kari is absent due to illness) Mayor Rauser stated that there will be some budget amendments coming in the near future.   During our budget session this year, we identified that the two funds, PERS and Comp Insurance were not needed, so we need to create the necessary budget to match the transfer of the cash out of those funds.  We also have some increased legal services expenses that were not anticipated, so that budget amendment will also be coming to the council in the future. 

Public Works:  Eric stated that the biggest thing is the tank crew will be done with their job very soon, and they’ll come back in the spring to paint.  JB asked about the pressure testing and filling the tank.  Eric stated that the projected date is August of 2026. 

Mayor Rauser:  She stated that the North Cherry Condominium intent to annex that property,  is in the process of getting sewer lines put in on North Cherry.  Eric stated that they’re almost completed.  The housing inventory grant requires a thank you to our Deputy Clerk, Jenny,  the council members, volunteer fire department, and everyone involved who volunteered to get the surveys completed.  JB stated that hopefully by getting these complete, we’ll understand the missing section of South Walnut Street.  Mayor Rauser stated that the Christmas Stroll was a great success, so thank you to the Townsend Chamber.  She also thanked council member, Doug Sitton, for his service on council, as tonight is his last meeting to serve. 

Council Members:  Vivian stated that she’s had some people ask why the agenda is not posted on the City’s Facebook page or on our website.  Mayor Rauser stated that we’ll get that addressed.  Doug said thank you for the opportunity to serve on the council and that it’s been a great experience for him personally and professionally.  He said thank you to the council for continuing to work with the Townsend Rotary and the Townsend Chamber and all of the local groups to make good things happen within our community. 

Adjournment:  Nate made a motion to adjourn the meeting.  JB seconded the motion.  All in favor, motion carried. 

**Next meeting:  January 6, 2026