Meeting Minutes

Minutes of the meeting of May 6, 2014



Minutes of the Regular City Commission meeting held on May 6, 2014 at City Hall at 4:00 PM.
Present:
  Lyn James, Mike Sondeland, Grace Rea, Chuck Whitney, and Bob Wiffler.  Peggy Matheson, Chuck Headley, Barb Downing, Judson Seaman, Todd Hofland, Bill Mason, Joe and Rebecca Cummins, Kevin Buchholz, Jamie Svihovec, Darwin Wilke, Stacy McGee, Mike Manstrom, Jon Brosz, Paul Cronen, Teran Doerr, Sheri Breen, Chanell Walby, Darrin Limesand and Gene Jordan.
 The meeting was called to order at 4:00 PM.  Motion by Wiffler, second by Rea to approve the agenda as presented.  RCV= all aye, MC.
Checks: #7602 - 7640; Direct Deposit Payroll: $21,304.34; Salary Checks $497.68; Salary Check # 103194 - 103195, Voided Checks: #7563; Bills: Postmaster $360.06, 1st Stop Sign Shop $64.00, Advanced Business Methods $167.70, Badlands Classic $1,000.00, Bowman Auto Parts $9.48, Bowman Chamber of Commerce $2,000.00, Bowman Fire Department $39,500.00, Bowman Park and Rec $16,217.90, Brosz Engineering $11,262.50, Coyle Electric $885.84, Dakota Dust- Tex $80.40, Dakota Supply Group $239.22, Douglas Lang hoff $150.00, DTE Truck Equipment $438.95, EIDO Connect $227.50, Fallon County Treasurer $5,474.25, Farmers Union $1,148.73, Fidelity Security Life $149.44, Hawkins Inc $1,231.87, James Wosepka $3,200.00, Jodi Olind $775.00, KPOK $120.00, LexisNexis $60.43, Little Spurs Rodeo $500.00, MDU $9,657.58, Newby's Ace Hardware $73.97, NW Tire Inc. $361.96, One Call $22.00, Prairie Mt Electric $235.35, Ramkota Hotel $74.70, Randy's Welding $498.68, Rural Women $2,000.00, Sadowsky and Wild $480.00, SW Business Machine $328.75, SWHC Clinic $125.00, SW Auto Supply $34.71, Van Diest Supply $2,466.20, Washington National $55.20, and WEX Bank $6,273.61.                   
HOFLAND:
2nd St E - Hofland talked with Brosz about getting costs estimated to fix the pavement on this street since there will be a pavement crew coming in to do the 8th Avenue water main project. 
Sinkhole:  The Public Service Commission started filling in the sinkhole at the old Halleck Mine by the landfill yesterday using old broken up concrete from our landfill.
3rd Ave NE and 5th Street SW:  The bad patch of road on 3rd Ave NE is starting to dry up.  The street crew is going to keep monitoring it for now.  The bad spot on 5th St. SW will stay closed for a while because it's still mucky.
Old Garbage Trucks:  Hofland sold the two old garbage trucks for scrap for $800.   The other old garbage truck is still sitting at the garbage shop.
 Landfill Office:  The landfill office is on a rock pad and in place.
Campground Road:  Wiffler asked Hofland if he could blade the campground road up to the shower building.   Hofland will blade the road when there is enough moisture in it.
Clean Up Week:  Clean up week starts on May 12 - 17.
MASON:
Fairground Well:  Mason said the soft start isn't starting automatically for this well, he is turning it on and off by hand.   A new soft start is approximately $6,000.00 with labor.  Mason asked if it is ok to proceed, he has room in his budget.  Next year the fiber will be replaced for the telemetry system.  Motion by Whitney, second by Wiffler to fix the power cabinet in well #4 at the fairgrounds.  RCV= all aye, MC.
CHIEF HEADLEY:
Traffic Selective:  On the 26th of April the Bowman PD performed a traffic selective.  It was a huge success and more will be done this summer.
Vacant Officer Position:  Headley has done Skype interviews with candidates for the vacant officer position.  Shawn Brien will be turning in a letter of resignation as he will be moving to another county to be appointed as sheriff, therefore creating another vacancy.
Spring cleanup - The PD is encouraging residents to have their old appliances that are in their back yard hauled away during city clean up week.
Retired Crown Vic Police Car- Headley hasn't advertised the sale of this car yet, but has had a few inquiries.
MCGEE
Habitual Non-Payment Customers:  McGee asked for guidance from the commission on a procedure that she could follow for delinquent utility accounts.  McGee stated 5% of our customer base, roughly 20 to 30 customers, are repeat delinquent offenders.  The commission said to let McGee keep handling it the way she has in the past.
Old Utility Balances:  McGee asked what to do with accounts that she knew were uncollectable, like people that left the country or state.   James said to bring it to the next meeting and they will take them off the books because most are under $100.
House purchased with an uncollectable delinquent bill:  McGee also asked for guidance on a delinquent utility bill because the previous owners are not able to be contacted and their home has been purchased.  Should the cost go to the new owner?  The commission said they would just absorb this bill she is referring to.
Quicken account has credit -McGee stated her quicken account has a credit balance on bulk water accounts and Wosepka said we could refund it or put it on the customers UB account; the commission said to put the credit on the UB accounts.
MATHESON:
HWY 12 Slurry Sealant Letter of Concur:  Matheson presented the letter from the ND DOT with the bid results and cost estimate for Hwy 12 Slurry Sealant project, the DOT is requesting a letter of concur on the cost estimate.  Motion by Rea, second by Whitney to approve the $2,564.46 cost estimate for the Hwy 12 sealant project #H-5-012(044)000.  RCV = all aye, MC.
Budget for Hwy 12 Slurry Sealant Project and Transfer:  Matheson requested a budget for the Hwy 12 slurry sealant project and a transfer of funds for this project.   Motion by Whitney, second by Sondeland to approve the transfer of funds from fund #2005 in the amount of $2,564.46 to fund 3070.  RCV= all aye, MC.  Motion by Whitney, second by Rea to amend the 2014 budget for fund 3070 "Hwy 12 Slurry Sealant" to cover the cost of the project in the amount of $2,564.46.  RCV= all aye, MC.
Old Audio Equipment Request:  North Star Audio requested our old audio equipment to use in a church that has no funds and needs a PA system.  Whitney asked Wilke if he could use any of it for Park and Rec. or for the Four Seasons.  Wilke will check their system at the Four Seasons and the All Purpose Building to see if they can utilize some of our old microphones.  Motion by Whitney, second by Rea to donate the pieces of the old audio system that we are not using to North Star Audio.  RCV = all aye, MC.
Designate official newspaper for the year:  Motion by Sondeland, second by Whitney to designate the Bowman County Pioneer as the city's official newspaper for May 2014 - May 2015.  RCV = all aye, MC.
Request to attend MFOI and Black Mountain Training:  Motion by Rea, second by Sondeland for Matheson to attend the training for the MFOI and Black Mountain software training in June at Bismarck, ND.  RCV = all aye, MC
LIQUOR LICENSE REQUEST
Bowman Lodge, LLC:   Paul Cronen visited with the commission about purchasing a full on and off sale liquor license for the proposed Bowman Lodge, LLC.  They are estimating construction of the lodge will start in June and go 8 months.  James explained that as per ordinance we only have an "on sale beer and wine restricted license" left available, all others are being utilized.
Cummins voiced his concerns about having another motel and another liquor license.    Wiffler felt that Cronen needs to purchase a current business that is for sale that has a liquor license.  Matheson explained that the licenses are the property of the City of Bowman and that upon the sale of that business, the new owner would have to apply for that liquor license because the licenses are not transferable.  There is no guarantee that the person purchasing a business that currently has a liquor license will obtain that license because they have to meet the qualifications and get approval from the commission.
Motion by Wiffler, second by Whitney to not entertain changing the ordinance until the census shows we need to, therefore declining the request for a sixth on and off sale liquor license.  RCV= all aye, MC.   Cronen would like to speak for the restricted on sale wine and beer only license and took an application.
James and Doerr felt that there should be a committee that reviews the need for additional liquor licenses and what should happen when the growth comes and leaves Bowman.  James felt that some of the current liquor license holders should be on this committee. Doerr will initiate starting this committee.
DOERR:
TIF Application:  On page 2 of this application, Doerr added the language requested by the commission.  It has a $1,000 application fee to apply and is non-refundable to the developer.   Motion by Sondeland, second by Rea to approve the tax increment financial supplemental application for use.  RCV = all aye, MC.
MANSTROM:
Refuse Bond:  Manstrom from Dougherty and Company LLC said the "purchase of the refuse business" bond is callable with a balance of approximately $130,000.  There are no additional charges to the city if they called this bond.  This bond became callable on 5/1/14, and in 2019 the payments will end.  The commission did not choose to refund this bond because of the recent garbage truck purchase.
Joint Shop Oil and Gas Revenue Bond:  Manstrom reviewed how the city could refinance "refund" this bond and save money.  Motion by Whitney, second by Sondeland to have Manstrom move forward with the refinancing of oil and gas producing revenue bonds for the joint shop through Dougherty and Company LLC.  RCV = all aye, MC.
CHANELL WALBY
Campground Roads:  James told Walby that Hofland will run the blade over the campground road when moisture permits. 
Old City Hall Phone System:  Walby expressed interest in using the old city hall or police department phone system for the Rouzie Rec Center.  Motion by Whitney, second by Sondeland to donate the old city phone system to the Park and Rec Department for the Rec Center.  RCV= all aye, MC.
DARRIN LIMESAND
Budgeted Funds Request:  Limesand requested the budgeted funds for the fire department for $39,500.  Motion by Sondeland, second by Rea to approve the release of the 2014 budgeted funds for the Bowman Fire Department in the amount of $39,500.00.  RCV = all aye, MC.
BROSZ ENGINEERING
5th Street SW Project Cost Share Agreement:  Brosz presented this agreement as a modified cost agreement including the $10,000 projected engineering fees and $10,000 for contingencies for the Bowman Energy LLC approach project.
 The new general manager expressed his concerns in a meeting today.  There will be a pre-construction conference and the Bowman Energy LLC General Manager wants to attend. There are so many players involved in this project, any concerns need to go through Jon Brosz, no one negotiates on their own.  Motion by Whitney, second by Wiffler to approve the modified cost agreement with the City and Bowman Energy LLC, DBA Frontier Travel Center.  Please note this doesn't cost the city any more money.  RCV= all aye, MC.
REA
Tree Committee:  Rea said there are a lot of old trees and nothing being replaced within the city, she was wondering if the commission wanted to have a tree committee. They agreed that there should be a committee.  Sondeland and Rea would like to be on the committee again.  Rea would like to get an inventory established on the city's trees.
WHITNEY
Health Insurance - Whitney would like approval to investigate and put numbers together on other health insurance policies.  Matheson stated that he needs to check with McGee regarding the NDPERS grandfathering issue.  The city just received a letter a few weeks ago regarding this and if we mess with the plan it could cost the city more money.
Audio System:  The new audio system should be in by the next meeting.
BID OPENING FOR 8TH AVENUE
One bid was presented for the bid opening by JK Excavation and Construction, Inc. from Dickinson.  The base bid amount is $288,422.50, Bid Alternate A is $6,730.00 and Bid Alternate B is $16,935.00 for a total of $312,087.50.  A JK Excavation representative stated that the asphalt costs will be less because of the way he will cut into the asphalt.  His excavator is only 12" wide so he will try to save the city as much money as possible. 
Brosz reviewed the bid and said it was correct.  He is recommending it to be tabled until the next meeting so SWHC has time to approve the alternates and we can have a cost share agreement drawn up for the next meeting.  Motion by Whitney, second by Rea to table the 8th Avenue Water Main project award until the next meeting.  RCV = all aye, MC.
Motion by Wiffler, second by Rea to approve the bills and all minutes presented.  RCV = all aye, MC.