Minutes of the Regular City Commission meeting held on December 17, 2013 at City Hall at 2:15 pm and reconvening at 5:00 PM.
**These are unapproved, unofficial meeting minutes of the City Commission and are subject to changes prior to approval.**
Present: Commissioners: Lyn James, Mike Sondeland, Chuck Whitney, and Bob Wiffler. Grace Rea absent. County Commissioners: Bill Bowman, Lynn Brackel, Rick Braaten, Ken Steiner, and Pine Abrahamson. Auditors: Sandi Tivis and Peggy Matheson, Becky Brooks – Frontier Travel Center.
At 2:15 pm the city commission met with the county commission at the County Courthouse. Three topics were discussed:
5th St SW Project: James informed the county that the city wants to put this project out for bid in the spring. The road will be constructed of concrete from the Hwy 12 approach to the west side of Bowman Ready Mix approach. The rest of the road will be left as is with a possibility of dust control due to the fact that the adjacent motel owners are not interested in sharing any expense for this project. Brosz Engineering final preliminary cost estimate is $485,000. Alterations to the Hwy. 12 approach will be the expense of Frontier Travel Center. The city’s portion of the project will be $220,000, the County $220,000, and the remainder of $45,000 will be split between Frontier (75%) and Bowman Ready Mix (25%).
Safe Routes to School Grant: Dan Brosz asked the county if they would be the sponsoring agent for the City of Bowman on this grant application. There is no funding being requested from the county, they are just being asked to be the sponsoring entity as required by the grant. Brosz inquired if Sandi Tivis could be the official signatory for this project. The county commissioners granted the city’s request.
Cleaning Position: The city felt that they would probably only use the cleaning person 1/5 of the time instead of the proposed 1/3. The county will talk with Steckler to see just how much time he thinks they will need to clean their building and how we could make the scheduling work out between both facilities. The county will call the city commission back when they are ready to talk about this subject again. The city will try to keep their current cleaning contract going on a month by month basis until a decision has been made. If an agreement is made between the county and the city there will be a contract signed and the employee will be the county’s responsibility.
The meeting was recessed at 3:10 PM and will reconvene at 5:00 PM. The meeting reconvened and called to order at 5:00 PM.
Present: Commissioners: Lyn James, Mike Sondeland, Chuck Whitney, and Bob Wiffler. Grace Rea absent. Peggy Matheson, Larry Fischer, Bill Mason, Todd Hofland, Jon Brosz, Dawin Wilke, Scott Hardy, Joseph Cummins, Rebecca Cummins, Scott Ruppert, Denise Ruppert, Stacy McGee, Kevin Bucholz, Becky Brooks, John McLean, Teran Doerr, Marry Mason, Becky Hanson, Janel Bagley, and Chanell Walby.
Motion by Wiffler, second by Sondeland to approve the agenda as presented. RCV=all aye, MC.
Checks: # 93516-93555; Payroll Checks: # 16237-16255; Voided Checks: #93555; Salaries: $28,266.70
Bills: Postmaster $348.48, Dakota Community Bank and Trust $160,703.00, Balco Uniform Company $415.00, Bill Mason $472.00, Bowman Auto Parts $200.89, Bowman Chamber of Commerce $1,500.00, Consolidated Telecom $701.44, Country Media $343.64, Coyle Elec. $957.20, Curt’s Sheet and Metal $25.75, Dacotah paper $126.71, Dakota Western Insurance $4,799.00, Dept. of Trans. $20,203.86, Digital Alley $790.00, Fallon County Treasurer $4,905.75, Gary’s Jack and Jill $19.23, Hawkins $937.38, Mahlon Smith Repair $1,564.06, Michael Todd, Inc. $80.57, Newby’s Ace Hardware $68.84, Northwest Tire $1,014.12, NSC Minerals $2,852.07, Pro-Forms $176.78, Randy’s Welding $8.12, Ray’s Repair Service $353.37, Sadowsky and Wild $200.00, Slope Electric $957.00, Southwest Business Machines $250.99, Stacy McGee $300.00, SW Auto Supply $62.82, SWHC $75,220.00, Tab Electronics $854.70, Trucks of Bismarck $72.85, Verizon Wireless $492.96, Visa $204.76, Washington National Inc. $55.20, West Plains Implement $54.23, Western Frontier Insurance $96.00, and Woodley Construction $12.00.
New Garbage Truck – Hofland negotiated a delivery fee of $700 for the garbage truck. The new 2014 Freightliner garbage truck was delivered on December 11th. Frontier Signs is working on the signage for the truck which will possibly be done this week. The total cost was for the garbage truck with delivery was $160,700.00
Nothing to report, everything has been going great. Whitney questioned Mason on a bill for the lagoon pump. Coyle Electric fixed the pump that was weak and tripping. The pumps have been running double time because of ground water infiltration.
Larry Fischer was present for the police department and said everything is going ok.
Siren Sheds: Matheson informed the board that the city’s siren sheds did not get built by the contractor that had committed to the project and asked if the city should seek another contractor for quotes. James said to get quotes and bring them back to the board.
Checking Account Funds: Matheson asked if the board would consider leaving $20,000.00 in the checking account at Dakota Community Bank when the majority of the funds are moved to Dakota Western Bank. Motion by Whitney, second by Wiffler to move the majority of the checking account funds to Dakota Western Bank at the end of December 2013 and leave $20,000 in Dakota Community Bank to keep the account open. RCV=all aye, MC.
Wosepka Audit Contract: The city’s audit contract with Wosepka PCA has expired and Matheson presented a new contract and asked for the board’s approval. Motion by Sondeland, second by Whitney to enter into another three year contract with Wosepka PCA for the years 2013 for $5,200.00, 2014 for $5,400.00, and 2015 $5,600.00. RCV= all aye, MC.
2013 Budget Transfers: The following was requested for year-end transfers:
Fund 2005 to 3065 11th Avenue Project $12,500.00
Fund 2005 to 3064 5th Street SW (Frontier Rd) $41,135.00
Fund 2005 to 3009 Loader Replacement $6,000.00
Fund 2005 to 3063 Hwy 85 and Hwy 12 $1,546.99
Fund 2005 to 6130 Water Tower Maintenance $5,000.00
Fund 2005 to 6110 Future Water Equipment $20,000.00
Fund 2005 to 6060 Water building $25,000.00
Fund 6010 to 6060 Water building Fund $25,000.00
Find 2005 to 6111 Future Back Hoe $10,000.00
Fund 2005 to 6121 Sewer Machine $7,000.00
Fund 2005 to 6120 Sewer Future Equipment $10,000.00
Fund 6020 to 6220 Sewer Building $10,000.00
Total funds being transferred from the infrastructure fund 2005 is $138,181.99, this will leave $17,525.63 in fund 2005.
Motion by Whitney, second by Sondeland to transfer $138,181.99 from the 2005 to the appropriate funds, and $25,000 from fund 6010 to fund 6060 and fund 6020 to fund 6220 in the amount of $10,000 for a total of $173,181.99 in transfers. RCV= all aye, MC.
Approval to pay end of year bills: Motion by Whitney, second by Wiffler to authorize the auditor to pay any incoming bills through the end of the year with the vouchers being presented at the first meeting in January. RCV = all aye, MC.
Renaissance Zone Project: Matheson explained to the commission that Cummins had applied for a purchase only renaissance zone project, seeking tax abatement for 5 years for Windy’s Bar and Pizza. The renaissance zone board had authorized the project contingent on Cummins turning in the following paperwork: Type of Entity, Certificate of Good Standing, Proof of local real estate taxes being paid, estimated annual state income tax amount and estimated annual property tax to be exempted. Motion by Wiffler, second by Whitney to approve the RZ project application for the new owners of Windy’s Bar contingent on paperwork being turned into the auditor. RCV= all aye, MC. Once the paperwork is in Matheson will send in the applicant to the Dept. of Commerce for the states’ approval.
Request for Article 6 Alcoholic Beverages Ordinance Changes and first reading: Matheson asked for two items to be stricken from the ordinance under 8.0629 Termination or Revocation of Licenses. First item was licensee must be a legal bona fide resident and second that the licensee would not receive remaining license fee if they voluntarily cease their business. Then add: 5. If the licensee voluntarily ceases his business due to the sale of said business to another entity; the licensee fee will be refunded at a prorated monthly rate to the licensee. This constitutes a first reading.
2013 Budget Revisions: The following budget revisions were requested by the auditor:
Fund-Account-Object Fund Name Reason Amount of Increase
1000-416150-119 Land use Plan Final Bill $7,013.08
1000-418000-360 Zoning Print and Publishing under budgeted $521.96
1000-418000-410 Zoning Supplies under budgeted $728.85
1000-470000-157 State Aid Park and Rec under budgeted $29,056.26
2260-415362-362 Occupancy Tax Advertising for concert $1,500.00
6020-433000 Sewer transfer to bldg. fund $10,000.00 3063-431000-132
Hwy 12 and 85 additional charges $1,546.99
Motion by Sondeland, second by Whitney to approve the above requested budget revisions. RCV= all aye, MC.
WINDYS BAR AND PIZZA:
Liquor License for Windy’s Pizza and Bar: Windy’s has been sold to Rebecca and Joe Cummins on a contract for deed. Matheson explained that we currently have 5 liquor licenses which is our limit per ordinance. Rupperts need to keep theirs through the closing of the sale of Windy’s and Cummins need a city liquor license before they can apply for the state license. Matheson requested approval from the board to write a letter to the state stating Cummins license will be issued upon the surrender of Ruppert’s license and asked for the Ruppert’s license to be prorated at $75 for a month. Motion by Whitney, second by Sondeland to approve the liquor license application for Joe and Rebecca Cummins with the surrender of Scott and Denise Ruppert’s Liquor license and give approval for the auditor to write the letter to the state explaining this. RCV= all aye, MC. Motion by Sondeland, second by Whitney to prorate Scott and Denise Ruppert’s liquor license accordingly at $75 for a month. RCV= all aye, MC.
Screened in patio at Windy’s: James explained the issue with the screened in area in the rear of the bar at Windy’s. According to the ordinance the owners may not use that area as a licensed area until there is a clear view from the bar through to the screened in patio. This is to protect Cummins from minors accessing alcohol which would cause them to lose their liquor license. Cummins asked if he could close the back door allowing no access to the patio. James instructed him to check with Chief Headley for approval.
Credit Card/Debit Card: Customers are interested with paying credit card/debit card. McGee asked all three banks for information on their services and received two different quotes. DWB doesn’t have a credit card service. There are costs to use this service which McGee presented to the board. She suggested we analyze at the end of the year to see if the cost will be absorbed or passed on to the customer. Motion by Whitney, second by Wiffler to authorize Stacy to move forward with the MSG (DCB) payment service as a credit card/debit card to process payments for our utility services. RCV= all no. James feels we need more information and more options. Our Black Mountain software has encryption possibilities so credit card numbers can be on file in the computer and we can't see the number. McGee will bring back more information at a later meeting.
Christmas Eve day: McGee asked on behalf of the employees to have Christmas Eve day off. The businesses on Main Street will be closing at 1:00 PM. Motion by Wiffler, second by Whitney to treat Christmas Eve as a regular work day. RCV=James no, Wiffler, Whitney, and Sondeland aye, MC.
Motion by Whitney, second by Wiffler to allow all city employees to use a 1/2 day of their vacation time on Christmas Eve and leave at noon. McGee said the service employees are entitled to take off a full vacation day per the employee policy manual; they are not tied to the office. Whitney feels all employees need to work a half day and leave an emergency contact number. McGee asked if she and Matheson could both take a vacation day and close City Hall. Wiffler said no. Wiffler felt this shouldn’t have been brought to the commissioners. McGee asked if they noticed that there is no salary adjustment on the agenda, we aren’t asking for more money. Historically the board has given the full day of with pay, which is why she is asking. McGee feels she has no respect from the commission and feels she should be able to bring these issues and others to the commission as has been done in the past. RCV= all aye, MC.
5TH ST SW (Frontier Rd.) – The City visited with the County commission earlier in the day to discuss the status of the project. The county is ok with the project as presented. The proposed project is the Hwy 12 approach on 5th St. SW all the way over to the west end of Bowman Ready Mix’s approach. The project total is estimated at $485,000 and February is the approximate bid date. Motion by Whitney, second by Wiffler to hire Brosz Engineering to prepare the bid documents and the final plans. RCV= all aye, MC. If the bids come in higher, the property owners will have to work that out. $220,000.00 is the city's maximum amount they are willing to contribute. The county is looking at dust control for the section of the street that is not being improved.
Safe Routes to School – This project was discussed at the county meeting today; the city’s grant request is for $176,000. Brosz is asking for permission to sign the application and permission to have James as a signatory for this project. Motion by Whitney, second by Wiffler to allow James to be the signatory on this transportation alternatives grant program application. Brosz can make changes later if they find that one side of the street works better than the other. RCV= all aye.
Request for City Sales Tax Funds: Becky Hanson and Janel Bagley were present and requested funds from the city sales tax fund. SWHC’s ultra sound is four years old and needs an upgrade which costs $72,308.00, and the clinic needs an ECG machine which costs $2,912.00. Their total request is for $75,220.00. Motion by Whitney, second by Sondeland to approve the disbursement of $75,220 for the ECG Machine and ultra sound upgrade to be paid out of the city sales tax fund. RCV= all aye, MC.
Hospital Update: The financing is in place for the new project for the full $25 million. Loan rates are 1% State and 3.5% from USDA. Next summer we may start seeing activity.
Resolution Authorizing City Commission to Exercise Urban Renewal Project Powers:
Whitney expressed that he is not satisfied with the information that Doerr sent him explaining urban renewal powers. Doerr showed Whitney that on pages four through eight on the resolution of the general development plan that they passed at a prior meeting it outlines these powers. Whitney’s concern is eminent domain verbiage being used. Ryan stated that eminent domain was repealed at the state and repeals supersede any document language. State law supersedes any ordinance. Motion by Whitney, second by Wiffler to amend resolution 2013-TIF-2 approved on 11/6 resolution “Adopting a General Development Plan For the City of Bowman” and strike the language on item three on page 5 to remove eminent domain or otherwise. RCV = all aye, MC. Motion by Whitney, second by Sondeland to pass resolution 2013-TIF-3 “Authorizing the City Commission to Exercise Urban Renewal Project Powers.” RCV= all aye, MC.
Park and Rec Dept.
Pool Repairs: The pool system is approaching 30 years of age and is in need of repairs. Walby asked for three quotes and has received one which is $88,000. The City had set aside $85,000 for City Hall and pool repairs in the 2014 budget. The county said they would help with 50% of the cost of the repairs but not to exceed $47,000. Park and Rec has approached tax and tourism for funds also. All of the needed repairs are in the building in the pump room. James asked Wilke from the Park and Rec if they could put in any funds for the repairs. Wilke felt they could pay for 5% of the whole project.
Renewing Liquor License Applications: Wiffler asked if the commission would entertain lowering licensing fees because the bars are financially hurting. James explained that everything is set right now, applications and fees are already in; we could discuss it at budget time.
Motion by Whitney, second by Wiffler to approve the 5 regular “on and off” sale liquor licenses (Windy’s Bar, Crystal Bar, Elusive Pocket, Hawks Landing, and Has Beens) and the two “beer and wine only” licenses (Frontier Travel Center and Kum and Go). RCV= all aye, MC.
RYAN ( not present)
Developers Agreement – James stated that Ryan feels the developers agreement needs to be reviewed by attorney Steve Wild and it be brought back to the next meeting.
Motion by Sondeland, second by Whitney to approve the bills, November 2013 financials, December 2013 judges report, and 12/3/13minutes as presented. RCV= all aye, MC.
Motion by Sondeland, second by Whitney to adjourn the meeting at 7:45 PM. RCV = all aye, MC.