Meeting Minutes

Minutes of the meeting of City Commission

Minutes of the Regular City Commission meeting held on May 22, 2014 at City Hall at 4:00 PM.
Present:  Lyn James, Mike Sondeland, Grace Rea, Chuck Whitney, and Bob Wiffler.  Peggy Matheson, Chuck Headley, Bill Mason, Todd Hofland, Ron Kromarek, Barry Mason, Kevin Bucholz, Debbie Bucholz, Teran Doerr, Lynn Brackel, and John Burke.
 The meeting was called to order at 4:00 PM.  Motion by Wiffler, second by Whitney to approve the agenda as presented.  RCV = all aye, MC.
Checks: #7642 - 7665; Payroll Checks: #103196-103197; Voided Checks: none; Salaries: $848.93; Direct Deposit:  $24,834.24; Bills:  Art Johnson $63.57, A2Z Printing $78.67, Alco Stores $7.98, Bowman Community Band $500.00, Bowman County Auditor $10.00, Bowman Golf Course $25,000.00, Carmel's Cleaners $80.64, Petty Cash $100.00, Consolidated Telecom $710.61, Country Media $982.64, Hawkins Inc. $657.63, Jim's Repair $718.40, Municipal Gov't Academy $250.00, ND Dept. of Health $202.45, ND Insurance Department $90.00, Nelson International $28.41, NW Iron Fireman Inc. $124.20, Postmaster $980.00, Ray's Repair Service $227.41, Slope Elec. $968.00, SW Business Machine $259.90, Steve Beylund Construction $1,444.00, Verizon $494.15, VISA $300.15, and Woodley's Construction $10.00.
Clean-up Week:  During clean-up week the crew hauled 55 truckloads of waste to the landfill and 8 truckloads of metal. 
Halleck Mine/Sink Hole Cleanup - The PSC used all the cement from the landfill and seeded it back to grass.  The city won't be accepting cement at the landfill anymore; all cement waste will be referred to Diamond H Services.
Durapatch Machine:  The second week of June the durapatch machine will be in town and the street crew will use it to fix 3rd Ave NE where there was water damage.  They will also use it on 2nd St SE by "The Landing".  The construction manager for The Landing is questioning the extensive cost of street repair.  The property owner to the north of The Landing on E. Divide will be responsible for curb and driveway prior to the start of durapatching.
Garbage Truck at Ray's Repair:  Kessel wants the City to pick up the old Ford garbage truck.  Hofland will tow it to Baker Metal for scrap value.  Whitney feels there should be a policy on how to get rid of excess city property in the future.
Fairground Well:   The parts have come in, but the soft start hasn't been replaced yet.  It has been working sporadically.
8th Avenue NW Water Main Project Award:  Jon Brosz couldn't be here today, but he sent an email recommending the City to accept the 8th Avenue NW Water Main bid as opened from JK Construction with a base bid of $288,422.50 and Alt A for $6,730.00 and Alt B for $16,935.00 for a total project amount of $312,087.50. On Friday May 16, SWHC accepted Alternates A and B, and they will pay upfront for their portion of the project.  Motion by Sondeland, second by Whitney to approve this contract for the 8th Ave NW Water Main Project for JK Construction for the entire base bid, Alt A and Alt B in the amount of $312,087.50.  RCV = all aye, MC.  JK Construction said they will wait until after the fair because the parade route is through this project area.  The commission is in favor of waiting until the fair is over.
Hwy 85 & 12 Intersection Concerns:  There have been 3 injury accidents at this intersection lately.  Headley asked the commission if they would consider writing a letter from the City of Bowman to the NDDOT stating that due to the accidents would the DOT consider installing rumble strips to warn entering vehicles.  The rumble strips were taken off when highway 85 was resurfaced, not sure why they were not put back in.  James asked Headley to draft a letter to the ND DOT.
11th Avenue Siren: The siren on 11th Avenue is not working and needs electrical attention to see if the issue is within the siren or just wiring.  Approval was given for repairs.
Kennels for Animals:  Beacon Street Kennels will be closing their kennels in December of 2015.  Headley inquired who will hold our stray animals.  There are grants available for a volunteer shelters, maybe some concerned citizens will take up the cause after Homelvig's retire from this business. 
 Public Hearing on Case #LDC-14-001 Southwest Healthcare Services:  Applicant is requesting a zone change from R-2 (Multi-Family) zoning district to the P (Parks and Public) zoning district to accommodate a garage that will house an ambulance, offices, sleeping rooms and training space for SWHC and a conditional use permit to allow a hospital facility (ambulance garage) in the P zoning district, along with other matters related to it.
Barry Mason abstained from voting at the planning and zoning meeting on this because he works for SWHC.  Wiffler asked if there was another area that this garage could go.  Barry stated they had checked into all sorts of options and there was nowhere else to go.  Wiffler stated that residents from the proposed area tell him they are not happy, but no one expressed their concerns at the planning and zoning meeting nor did they at this meeting.  Residents within 200' of this area were contacted by letters.  One couple came to the meeting and they were there for something unrelated to the ambulance garage. 
Motion by Whitney, second by Sondeland to uphold the recommendation of the Planning and Zoning Commission and approve the zone change request and conditional use permit, subject to the findings contained in the staff report.  Whitney thinks the zoning department should use Facebook also to notify people of changes in the city.  RCV = Wiffler no, rest aye, MC.  James read the ordinance #2014-2 (ZC) which is an ordinance changing the zoning of an + 8.87 acre property from R-2 (residential District, Multi-Family) to P (park and Public District) on lot 4 of the Wiffler addition for property located at the NE ¼ of section 10, Township 131 North, Range 102 West, totaling +8.87 acres, in Bowman County, North Dakota together with other matters properly relating thereto, a second reading will be on June 3.
       Joint Powers Agreement for 2014 Election:   Matheson presented an agreement between the county and the city for the county to perform the election duties on behalf of the city for a fee of $600.00 a year.  Motion by Whitney, second by Sondeland to approve the joint powers agreement with the county to run the elections.  RCV= all aye, MC.
Mitigation Meeting:   Matheson reminded the commissioners about attending the mitigation meeting on June 2 at 7:00 at the courthouse.  Sondeland and James said they will attend the meeting.
Forest Service Letter:  Matheson received a letter from the Forest Service stating that Bowman had been selected to have a free tree inventory.  We need to send a reply asap as they are planning to do the inventory in June.  Motion by Sondeland, second by Whitney to authorize the free tree inventory.  RCV= all aye, MC. 
Safe Routes to School Project:  The city received a letter of award from the ND Governor and the ND DOT in the amount of $176,000 for the Safe Routes to School sidewalk construction for FY 2015.  We need to notify the state that we will have the required funds available for the project.
The funds will come through the county to the city for this project.  Motion by Whitney, second by Sondeland to accept the grant award for safe routes to school in the amount of $176,000.  RCV = all aye, MC. 
 Gaming Machine Purchase:  The current pull tab gaming machines are breaking down.  The BCDC currently has 4 sites, one in Rhame and three in Bowman.  There are five machines and it is suggested that four be replaced.  The BCDC asked the county if they would purchase these machines.  They agreed to purchase three.  The BCDC is requesting the city purchase one $5,000 pull tab machine.  James reminded the board that the gaming machines help fund the Pioneer Trails Museum and the BCDC office which also utilize the city's budgeted funds.  Motion by Whitney, second by Wiffler to transfer funds from 2005 into fund 3051 and amend the budget to permit us to spend the $5,000.00.   RCV = all aye, MC.  Motion by Wiffler, second by Whitney to spend $5,000 out of fund 3051 to replace one pull tab machine. RCV= all aye, MC.
 Hiring a Lobbyist: (Powder River Training Area Issue) The Bowman County Commissioners are worried about the various ramifications if proposed Powder River Training Area is approved.  Adams County will have a 12,000 feet restriction and Fallon Co. and Bowman Co. is 500' for air space.  The government did an environmental impact study in Montana in 2011 that figured at a loss of revenue of $616 million, loss of 18,000 jobs and 42 airports and the trade-off was $21 million of savings for the air force to save on fuel. The military has not released the new environmental impact study.
 The county commission would like to hire a lobbyist but their attorney, Andrew Weiss said they have to be a home rule charter in order to hire a lobbyist.   Brackel is asking the city to be a funnel for the money to hire the lobbyist since we are home rule charter.  Weiss said we need an ordinance in order to do this.  David Turch is from the Montana area and is who they want to hire for the lobbyist.  Senator Hoeven and MT congressman are trying to get the environmental impact study released.  The Commission is in approval of Matheson checking into being a pass through for the county to hire a lobbyist.  Matheson will research with our city attorney and NDLC attorney. 
Community Band:  Brackel requested the 2014 budgeted funds for the community band.  Motion by Whitney, second by Wiffler to release the budgeted funds to community band in the amount of $500.00.  RCV = all aye, MC.
Spirit Life Helicopter:  Bowman County purchased the subscription for the entire county.  If you have health insurance this subscription is supposed to help defray costs of your deductible when you use this service. If you live in the county you will get a letter where you can upgrade it for $35/yr. for 28 other states, otherwise its only good in this state and there is no guarantee that Spirit Life will always be the provider to transport patients. 
County Projects:  Brackel went over the projects that the county has funded from Feb 2013 - Feb 2014. 
 Budgeted Funds request:  Burke requested the budgeted funds for the Sweetwater Golf Course in the amount of $25,000.00.  Don Groll and John Burke went over their profit and loss statement with the commission.  They are down 40 memberships this year.  Motion by Wiffler, second by Whitney to release the 2014 budgeted funds in the amount of $25,000.00.  RCV = all aye, MC.
 Drainage Issue at Frontier Travel Center:  Frontier has drainage issues and would like to remedy the situation by installing drain grates that run into a buried pipe and running it under ground on the west side of their building and put it under 5th St SW to drain in the drainage ditch.  They are seeking approval from the commission prior to the start of 5th St SW which will be starting really soon.  This project will be funded 100% by Frontier Travel Center.  Motion by Wiffler, second by Sondeland to approve the request by Frontier Travel Center to burry a drainage pipe under 5th Street SW.  RCV = all aye, MC.
Motion by Whitney, second by Wiffler to approve the 5/6/14 minutes, April 2014 Judges Report and April Financials.  RCV= all aye, MC.
 Motion by Sondeland, second by Whitney to adjourn the meeting at 6:00 PM.  RCV= all aye, MC.
 Whitney said the audio contractor will be here on May 27th to finish the audio system.