Meeting Minutes

Minutes of the meeting of City Commission

Minutes of the Regular City Commission meeting held on February 4, 2014 at City Hall at 4:30 PM.
Present:  Lyn James, Mike Sondeland, Grace Rea, and Chuck Whitney.  Peggy Matheson, Chuck Headley, Barb Downing, Bill Mason, Cheryl Ryan, Todd Hofland, Teran Doerr, Jon Brosz, and Kevin Buchholz.
Absent:  Wiffler
The meeting was called to order at 5:00 PM.  Motion by Whitney, second by Sondeland to approve the agenda as presented.  RCV= all aye, MC.
Checks: #7418-7454; Payroll Checks: #103104 – 103119; Voided Checks: # 103091 &7396; Salaries: $21,852.92; Bills:  Jody Fretheim $50.00, Advanced Business Methods $220.73, Black Mountain Software $2,482.00, Bowman Auto Parts $199.37, BCDC $945.00, Bowman Drug $65.72, Bowman Park and Rec $18,258.44, Bowman Sales and Service $61,944.92, Brosz Engineering $2,280.00, Consolidate Communications $2,157.72, Consolidated Telecom $882.50, Curt’s Sheet and Metal $63.00, Dakota Dust-Tex $112.95, DOT $33.00, Farmers Union $989.61, Ferguson Waterworks $48.19, Fidelity Security Life $123.45, Frontier Signs and Graphics $1,350.00, Galls, Inc. $5,131.92, Hawkins, Inc. $634.75, Jodi Olind $775.00, Kasey Burke $225.00, Ken’s Super Value $23.85, Kustom Signals, Inc. $5,067.00, Lasting Visions $12.00, Marsha Schaff $100.00, MDU $10,336.24, Newby’s Ave Hardware $120.39, NW Tire $1,7969.14, One Call Concepts $4.40, Peggy Matheson $435.41, Postmaster $350.46, Ray’s Repair Service $361.83, Sanitation Products $217.22, SW Business Machine $87.02, SW Auto Supply $26.01 and Wex Bank $6,841.91.
Landfill Office:  Hofland asked the commission about building the landfill office that was approved during the 2014 budget meetings.  James told Hofland to get quotes for this office with the same dimensions as was presented at the budget meetings and bring them back the next meeting.
Hospital Well:  Whitney inquired about the status of the hospital well repairs.  Whitney asked if we should get another pump for this well instead of repairing the turbine.  Mason stated at a previous meeting Wiffler had asked to go with this less expensive route and get the turbine repaired.  Mason will talk to Prairie Mt. Electric tomorrow to see what the status is on the repairs.
Equipment Grant:  Headley stated they have begun purchasing the equipment that was granted to them under the Energy Infrastructure grant.  The two 2014 black Taurus Interceptor police cars have arrived at Bowman Sales and some equipment for these cars have been purchased.   The city is responsible for paying for this equipment and then the city will get reimbursed minus 10% of purchase price .  The 10% is the city’s required contribution.  The 2003 Crown Victoria will be retired, stripped down, and be advertised to the public for sale.   This car has a few cosmetic issues and has 60,000 miles.  Headley asked for permission from the commission to advertise the car for sale and they asked him to check with city attorney Wild on how it should be handled.   Whitney suggested advertising the car in the NDLC magazine or website.
Equipment Grant Funds Transfer and Budget Revision:  Motion by Whitney, second by Rea to transfer $101,961 from fund 1000 (general) to fund 3010 (police grant fund) and transfer our 10% cost match from fund 3035 (police capitol) to fund 3010 (police grand fund) in the amount of $11,329.00 and a budget revision for fund 3010 in the amount of $113,290.00.  RCV=all aye, MC.
Report:  Headley reported there was a short pursuit that stemmed from a disturbance at Kum and Go between males.  The pursuit reached speeds of 35 mph and charges were filed.
Officer Fischer was called to a fight at a residence.  The three instigators of the fight departed before the officer got there and it’s still under investigation.
Whitney inquired with Headley about vehicular noise and carbon monoxide complaints coming from semi’s that run during the night.  Headley said he had spoken with the complainant.  James suggested Headley look into an ordinance that covers those issues and bring it back to another meeting for review.
5th St SW Improvements:  The DOT did not approve the plans for this project due to the requested approach size.  The maximum approach that the DOT will allow is 30' wide at the throat; we were applying for an 80’ approach like the weigh station has to allow plenty of room for semi’s to turn.  Brosz Engineering has spoken with the DOT and they should approve a 40’ driving lane with a 100’ radius.  They will send in the revised approach plans and will hopefully have the advertisement for bids in the newspaper next week.
3rd Avenue SE Drainage:  FEMA contacted Brosz Engineering about the LOMAR application we sent in and Brosz will have a few things to address and will ship them back next week for DOT approval.
Public Hearing for Case LDC-13-015:  JD Mason would like to re-plat the already subdivided lots in the R-1 and R-2 portions of his property reverting them to acreage.  It is JD Mason’s intention to keep the property that is currently zone agriculture as it is because he anticipates developing it at a later stage.  Once the re-plat to acreage is completed, he would re-design the property that is currently zoned R-1 and R-2 into a subdivision that will include middle income single family homes and multi-family homes. 
 The planning and zoning commission and Ryan recommend approval of the requested zone change by adopting ordinance # 2014-1 (ZC) and the preliminary plan map, subject to the conditions in the staff report dated 4/4/14 regarding case LDC-13-015.
Motion by Rea second by Sondeland to move to uphold the recommendation of the planning and zoning commission and approve the zone change request and major preliminary plat map subject to making the findings contained in the staff report.  RCV= all aye, MC.
First reading of ordinance #2014-1 (ZC) was read:  This ordinance changes the zoning for JD Mason’s property.  Ryan asked to strike 150 feet and change to 200 feet for noticing adjacent property owners in this ordinance.  The second reading will be at the next meeting and will be published upon approval.
Developers Agreement Template:  Ryan presented this agreement as a template to work with when new developers want to start a development in Bowman.  It was reviewed page by page by the commission and minor changes in wording were made.  There are more sections to go through; we stopped on page 6 paragraph 7 as Rea felt that Wiffler needed to be present while going through this document.
2013 Annual Planning and Zoning Report:  Ryan reviewed the report she drafted for the 2013 permit year.  She issued 42 zoning permits and there were 13 Public Hearings in 2013.
Bowman Lodge LLC Project:  James informed Peterson that our county tax assessor asked the commission about the start date of the tax exemption that was granted to Bowman Lodge LLC.  Since the project has not started yet, James asked Peterson to give the city an update on the status of the project.  He said they will start in the spring as soon as frost moves out, the completion date is set for September or October of 2014.  Doerr stated she visited with Pearson, city attorney Wild and the state tax department and they verified that the city can still allow the exemption because it was granted prior to the tax law changing.  At the 11/8/2012 city commission meeting the commission approved a 5 year graduated tax abatement as follows:  100%/80%/60%/40%/20%.   James asked the commission if we are eliminating the first year 100% tax exemption or was it the commission’s intent for the exemption to start upon project completion.   Peterson feels that the city should allow it upon project completion since that is when taxes are assessed.  The commission agreed that the exemption would start upon the completion of the project.

Video of Commission Meetings:  Airing city commission meetings on the access channels hasn't worked as well as we would have liked it to.  There has been alot of difficulty to get the meetings downloaded and on the access channel.  The BCDC server and router were not adequate to upload the video, therefore there were costs incurred to remedy the situation.  Midco is not moving very fast on getting the videos on their access channel.  Matheson and Hedge have worked a lot of hours trying to make this whole process work.  Matheson presented two bills:  One for the new router in the amount of $882.50 and one for the required faster internet speed at $50 a month x 12 months = $600.  After discussion it was decided to take the router bill out of the remaining funds in fund 3515 (video fund).  Motion by Rea, second by Sondeland to expend the funds to pay for the $50 a month internet speed increase for the BCDC for May 2013 - May 2014 out of fund 1000-415000-351.  RCV=all aye, MC.  Motion by Sondeland, second by Rea to approve the budget revision for fund 3515 in the amount of $1,123.53.   RCV= all aye, MC.
 Flath will contact Midco to find out their status on airing the city commission meetings.  Doerr asked who would be responsible for any future costs for the video system.  Flath stated that he would have no problem going back to sell ads (sponsorship) to help cover future costs once the system is working optimally.
City/County Shared Cleaning Position:  The county felt that they would only use an individual for 15 hours a week to clean the courthouse, so they will not be asking us to share a cleaning employee.  Motion by Sondeland, second by Rea to put the cleaning position for City Hall out for advertisements for bids.  RCV= all aye, MC. 
Tax Exemption Resolutions:  This item was tabled.
Stop Sign Replacement Rates:  Matheson presented new rates for stop sign replacement.
Without Stop Sign     
Post                                                    $40.00              
Anchor                                                $12.00            
Hardware                                            $10.00        
Loader use                                          $85.00
2 Street Crew Employees Labor/One Hour $70.00
Total per Post =                                  $217.00 

 With Stop Sign

 Total Per post        $217.00

  Stop Sign Cost        $33.00

 Total per sign and post $250.00 

Matheson will be updating city equipment use rates and bringing them to the commission as they are completed so they will be recorded in the minutes as required to receive payment from FEMA at our rates in the event of a disaster or emergency; otherwise the city will be required to use FEMA rates which are considerably less.  These equipment rates will be reviewed every January.
Motion by Sondeland, second by Whitney to approve the new rates for stop signs replacement costs as written above.  RCV= all aye, MC.
 Training Request:  Matheson asked for permission to attend March Madness training put on by NDLC for auditors.  Motion by Sondeland, second by Rea to allow Matheson to attend March Madness in Bismarck and watch a training     webinar on Feb. 13.  RCV= all aye, MC.
Motion by Whitney, second by Sondeland to allow the auditor to attend the Auditor Roles and Responsibilities webinar on February 13.  RCV= all aye, MC.
Transfer of Funds:  There are two funds with the same name that need to be combined together.  Motion by Whitney, second by Rea to transfer funds from fund 1164 5th Street SW in the amount of $6,995.00 to fund 3064 Frontier Road Project (5th St SW).   RCV= all aye, MC.
Microphones:  Matheson stated that only two microphones are working and the amplifier is not working, its 25 years old.  Matheson asked for permission to seek a quote from North Star Audio Consulting to get a new PA system.  The commission felt it was in the best interest to get a quote to get a better system.
Equipment Breakdown Insurance:  State Fire and Tornado asked Matheson to present to the commission a proposal for Equipment Breakdown Insurance.  This would cover the boiler system, computers, electronics, refrigerators, phone systems, etc. if there is a power outage that causes damage.   Motion by Sondeland and second by Whitney to approve the additional insurance premium in the amount of $349.00 a year for equipment breakdown insurance.  RCV = all aye, MC.
Thank You Note:  James read a thank you note from Sarsland thanking the commission for the retirement party and the gold watch they gave him for his years of service to the city.

The motion under the following heading is to read as follows:
New and Expanding Tax Exemptions:  Motion by Whitney, second by Rea to decline granting tax exemptions for new and expanding commercial businesses as allowed by ND Century Code 40-57.1 effective upon signing this resolution.  RCV= all aye, MC.
Motion by Sondeland, second by Rea, to approve the bills, 2013 December financials and minutes from 1/21/14 meeting and 1/16/14 joint training meeting.  RCV= all aye, MC.
Motion by Rea, second by Whitney to adjourn the meeting at 7:29 pm.  RCV= all aye, MC.