City Commission Minutes

Minutes of the Regular City Commission Meeting held on May 17, 2022 at City Hall at 4:00 PM.

Present:  President Lyn James, Vice-Chair Darren Limesand, Benjamin Schaaf, Ryan Shear, Myron Vail, Chief Headley, Bill Mason, Todd Hofland, Stacy McGee, Bill Doerr, Aaron Allen, Peggy Allen, Teran Doerr, Andrew Weiss, Brooklyn Englehart, Kevin Bucholz, Duane Bowman, Alex Wehrueng, Josh Stuchl, Brad Mosher, and Chanell Walby.

County Commissioners and Auditor: Lynn Brackel, Rick Braaten, Josh Buchmann, and Mindy Schumacher.  Absent: Pine Abrahamson and Jerry Jeffers

President James called the meeting order at 4:00 pm.  Allen asked to add “a ramp for a business” to the agenda.  Motion by Shear, second by Schaaf to approve the agenda as revised.  RCV= all aye, MC.

Direct Deposit: $31,778.42; Check #13171 -13192, Voided Checks:  None, Bills:  Art Johnson $21.93, Badlands Patriot $596.96, Bowman Auto Parts $17.11, Cenex Fleetcard $3,826.73, Consolidated Telecom, Core and Main LP $414.84, Dacotah paper $224.87, Fallon County Treasurer $3,497.25, Heckler & Koch Defense $117.00, JK Excavation and Construction$ 9,000.00, John Deere Financial $51.96, Lasting Visions $64.00, Lynn Peavy Company $103.27, One Call Concepts $28.05, Propoint Cooperative $121.46, Sirchie Acquisition Company $130.22, State Auditor’s Office $385.00, Verizon Wireless $356.64, and Wild and Weiss Law Office $200.00.

HOFLAND – STREET/VECTOR/LANDFILL DEPTS.:

Dept. Head Report:  Working on clean up week, they are about half done with the city.  They should be done at the end of the week if the weather permits.

Durapatcher:  The Durapatcher will show up around the 15^th of June.

Loader Replacement Program:  Hofland received a quote from RDO for the 2023 loader with a bucket for $22,034.00, and the cost without the bucket is $16,754.00.  We will have $15,550.00 in budgeted funds available in 2023 when we get the loader.  We will keep the current worn out bucket for the Grabtech to be used for tree branch pickup.  Motion by Shear, second by Schaaf to approve ordering the 2023 loader with the bucket from RDO and trade in the old loader leaving a cost of $22,034.00.  Delivery and purchase will be in 2023 and the extra fund needed in the amount of $6,484.00 will come from the general fund.  RCV= all aye, MC.

MASON – WATER AND SEWER DEPT.:

                Dept Head Report: Mason gave an overview of the projects that he would like to use the ARPA funds for:  He would like to change the 1986 valve out that is by Kum and Go because it will be going under concrete when NDDOT fixes that intersection.  JK Excavation and Construction replaced the hydrant across from the post office that cost $9,000.00.  He is wanting to replace 4 valves at $5,800.00 each for roughly $24,000.00 and use $32,840.00 for the lift station and $10,000 for an electrical panel.  Motion by Vail, second by Schaaf to accept the quotes from JK Excavation to replace up to 4 gate values at $5,800.00 each and the quote for Dakota pump for lift station #3 in the amount of $32,840.00 using the ARPA Funds.  RCV= all aye, MC.

CHIEF HEADLEY – POLICE DEPT.:

Dept. Head Report:  Alex has been accepted to the Pierre DARE officer training starting on June 13^th which is a two-week course.

License Plate Incident at Bowling Alley:  Headley reported that the officer saw a license plate hanging, about to fall off, so he brought it to the driver’s attention.

Meowsers Cat Rescue:  This organization feels it would be beneficial to have an animal control officer to take care of feral cats and this person would then free up the police department who already acts as animal control.  Currently our Police Department does not have a place to house the cats.  Dogs are usually picked up right away and don’t stay long at the Police Department.  Cats usually go to a farmer or rancher when residents borrow the cat cage/catcher and catch them.  There are several grants for non-profits, even for buildings.  Headley said the Police Department is comfortable continuing as animal control and suggest Meowsers Cat Rescue research grant opportunities for their cat rescue.  Commission is not interested at this time to help fund.

MCGEE – HR & UTILITY AUDITOR:

Vacant Garbage Position:  McGee asked the Commission how they wanted the advertisement for the garbage position, did they want the CDL to be a requirement or are they willing to pay for the class and wait for someone to complete all the steps?  The classes run $5,500.00 – $7,000.00 to get a CDL, plus their motel, mileage and per diem.  McGee said we will need to get something in the employee policy regarding this new regulation.  Weiss felt we should try to recoup the costs and require them to stay or pay it back if they break the contract.  This new requirement will be brought back to the next meeting to discuss how we are going to handle it and how it will read in the employee handbook.  Commission told McGee that she should put the advertisement for employment  in the newspaper with the requirement of the CDL.

ALLEN – GARBAGE DEPT:

Dept. Head Report:  Scott Walby put in his resignation and will be done at the end of the week.

ALLEN – FINANCIAL AUDITOR:

Ramp:  Allen asked if there could be a ramp at South Main Lanes that is five feet wide which leaves another 5 feet for clearance.  The commission is okay with it.  Ramp will be approximately 18-19’ long.  It will be included on his permit request for the deck.

Transient Merchant:  Allen asked if the commission is okay with transient merchants going around again.  There are Europeans wanting to come to sell educational material.  Motion by Limesand, second by Schaaf to lift the restriction on transient merchants.  RCV= Vail no, the rest aye.

Meeting Dates:  There will be only one meeting in June on the 21^st and we need to change the July 5^th meeting.  Motion by Limesand, second by Vail to have only meeting on June 21 and change the meeting date from July 5 to July 7^th.   RCV= all aye, MC.

PARK AND REC – ANDREW WEISS:

Declaring a Park District by Ordinance:  The City of Bowman does not have an ordinance on file that “formally” created the Park District, although it has always performed as if it had. The creation of the park district gives them the right to levy a property tax.  Formally creating the City of Bowman Park District would also solve the “The Edge” building ownership being in limbo.  Attorney Weiss suggests that the City recognize that we have had a park district and operated a park district as along as everyone can remember, we are just memorializing that it has existed and go forward.  The City would have no reason to have property in their names then.  The Park District would have to get their own insurance and then the city would have to discuss budgeting funds to help with insurance.  In order to correct the oversight in 1957 when they started requiring an enactment, the city will do an ordinance to memorialize that they are the City of Bowman Park District.

James gave the first reading of Ordinance #2022-1, an Ordinance amending Chapter One of the Municipal Code, and creating Article 10 regarding the memorializing and creation of a Park District.  Upon adoption, the Ordinance will be effective to all lands located within the City of Bowman in Bowman County, North Dakota.

BCDC DOWNTON REVITILIZATION PROJECT: (Trees) – ENGLEHART

Trees on Main Street:  Englehart went over several options for the trees downtown.  If we go with the original plan of 17 trees on Main Street it would be $21,341.51, trees at City Hall $2,628.70 and trees at the end of Main Street $1,026.73 for a total of $24,996.94.  The rock is not in the quote but we have some rock that they can use to go around the base of the tree.   The estimate is over budget by $4,341.51.  Discussion was held about using woodchips instead of rock because the rock gets too hot on the new trees, we could use rock around the outer edges.  It has not been decided who is going to water them, they need water every three days, it holds 20 gallons of water and we will probably need a trailer with a tank to water them.  (Through the first year the watering is very important.)  We will have to figure out how to make that happen.  Everyone that is marked down on the map is okay with a tree in front of their property.  The roots on these trees will go straight down.  The end of Main Street trees are not included in the quote.  Motion by Limesand, second by Shear to continue with the Main Street tree project using the large tree caliper quote in the amount of $21,341.51.  RCV= all aye, MC.  Motion by Vail, second by Schaaf to move forward and approve the City Hall ($2,628.70) and end of Main Street ($1,026.73) tree project.  RCV= all aye, MC.  It will be spring or early summer when the new sign at the end of main street is put up.  There will be one tree on the side of each sign.

Bowman County Joint Meeting at 5:00 pm

Joint Easement of the Joint City/County Land:  There is a business that is proposing to buy land by the joint shop and we need an easement to put water and sewer through there.  The red line on the map presented is where the easement would be.  This could be just sewer and there is another option for water.  This would just be a utility easement.  The dashed line would have a 33 foot easement on either side and the street would fall to the east instead.  Motion by Buchman, second by Brackel to agree to an easement for water and sewer on the Joint City/County Shop property.  RCV= all aye, Jeffers absent and Abrahamson absent, MC.  Motion by Limesand, second by Schaaf to approve the proposed easement on the east side of the City/County Joint Shop.  RCV= all aye, MC.  Brosz Engineering will inform the property owner.

Phase I Safe Routes to School Phase I:  (Shared Use path)  This project was bid and the successful bidder was Northern Improvement Company of Fargo, ND in the amount of $1,399,896.80.  In accordance with the NDDOT agreement with Bowman County, the County’s share of the project TAC-5-012-(051)034 is estimated to be $57,543.96.  This project is now a 80/20 split between the State and Bowman County.  This is the City’s project but will be going through Bowman County, so there will need to be a Joint Powers Agreement made.  Bowman County will pay the bills and the City will pay them back.  Phase II will be between the City and NDDOT, it will not go through Bowman County.

Motion by Buchmann, second by Brackel to approve the award of the bid to Northern Improvement Company of Fargo, ND.  RCV= all aye, Commissioners Abrahamson and Jeffers are absent, MC.  Attorney Weiss will draft the Joint Powers Agreement.  NDDOT will email the County Auditor an official request to reply that it was approved.  This phase will be under construction this summer and phase II will be two years out.

Plat Map:  There was a plat map emailed for land near the City/County Joint Shop for approval.  Brosz will contact them to say yes that is drawn like we requested.

Child Care:  Currently there is the capacity for 144 kids to have daycare, but due to the shortage of employees one facility is at half capacity.

Infant care is a huge need, the BCDC office would like to get some discussion going on what the City, County, and BCDC office could do to improve this issue.  Four different options were proposed by Doerr.  After reviewing the options, the respective group identified one option to take a deeper look at.  Doerr would like to run some projections on that option to present in a more detailed discussion at a later date.

Other cities get away from operations when trying to help child care facilities financially.  The City Commission and County Commission are interested in helping find a solution, and they feel that perhaps the school should be a part of this discussion.

Tot Lot Summer Program:  The Commission declined funding as there are several entities that have summer programs we would have to look at funding also.  Motion by Limesand, second by Schaaf to decline funding the Tot Lot summer program.  RCV= all aye, MC.

CLOSE OF MEETING:

Next Meeting: 6/21/22 at 4:00 pm.

Motion by Shear to approve the bills and approve the May 3, 2022 Minutes.  RCV= all aye, MC.

Minutes of the SPECIAL City Commission Meeting held on June 7, 2022 at City Hall at 4:00 PM.

Present:  President Lyn James, Benjamin Schaaf, Ryan Shear, Myron Vail, Chief Headley, and Peggy Allen.  Absent: Darren Limesand

President James called the meeting order at 11:00 am.  Special meeting agenda is regarding burn ban and approval of bills.  Motion by Shear, second by Schaaf to approve the agenda as presented.  RCV= all aye, MC.

                    Check #13193 – 13231;  Voided Checks:  None,  Bills:  Postmaster $305.18, Advanced Business Methods $162.72, Badlands Patriot $124.00, Boss Office Products $340.86, Bowman Auto Parts $206.54, Bowman Cemetery Association $499.35, Bowman Chamber of Commerce $1,700.00, Bowman County Development Corporation $54,000.00, Bowman Fire Department $33,575.00, Bowman Golf Course $21,250.00, Bowman Grain $15.00, Bowman Park and Rec $44,527.33, Bowman Regional Public Library $21,600.00, Bowman Sales and Service $189.70, Buried Treasurers $63.84, Carmel’s Cleaners $87.12, Catherine Hedge $350.00, Coyle Electric $95.00, Dakota Dust-Tex $103.50, Double EE Service $23.00, Eido Connect $189.00, Fallon County Treasurer $5,797.00, Hawkins $140.00, Jim’s repair $1,826.70, KPOK $90.00, Loretta Olind $400.00, Lynn Peavy Company $32.00, MDU $8,555.12, Newby’s Ace Hardware $64.15, One Call Concepts $90.45, Pioneer Trails Museum $25,500.00, S & T Plumbing $222.20, Slope Electric $1,147.00, Structural Plastics $6,811.75, Van Diest Supply $1,956.68, VISA $426.49, and Woodley Construction $63.98.

                Tax and Tourism Checks # 13230- 13231

Tax and Tourism Bills:  Bowman County Development Corporation $15,896.00 and Bowman Regional Public Library $304.20.

BURN BAN:

Burn Ban:  Several residents have inquired about lifting the burn ban since we have had a lot of rain.  Motion by Schaaf, second by Shear to lift the burn ban that was declared by Resolution 2021-M-14.  RCV= all aye, MC.

BILLS:

Motion by Shear, second by Vail to approve the bills for payment.  RCV= all aye, MC.

CLOSE OF MEETING:

Next Meeting: 6/21/22 at 4:00 pm.

President James Adjourned the meeting at 11:10 AM.

Minutes of the SPECIAL City Commission Meeting held on June 15, 2022 at City Hall at 3:30 PM.

Present:  President Lyn James, Vice-Chair Darren Limesand, Benjamin Schaaf, Ryan Shear, Chief Headley, Aaron Allen, Brad Mosher, and Peggy Allen.  Absent:  Myron Vail

President James called the meeting order at 3:30 pm.  The purpose of this meeting is to discuss the City CDL Program.  Motion by Shear, second by Schaaf to approve the agenda as presented.  RCV= all aye, MC.

                City CDL Program:  Due to new regulations for people obtaining a CDL license being changed, it is not an affordable option for people to take classes from 3^rd party providers.  Several of our City positions require a CDL and the City needs to decide how they are going to handle this as we need to fill the vacant garbage position which requires a CDL with an air brake endorsement.

                Allen discovered a new option for employers to become a private provider of the training if they have CDL holders that have held a license for at least two years.  This was just discovered prior to this meeting and needs more research.

Motion by Limesand, second by Schaaf to have the Financial Auditor and Garbage Superintendent look into the City being a private training facility for their employees.  RCV= all aye, MC.  They will report back at the meeting on Tuesday.

CLOSE OF MEETING:

Next Meeting:  6/21/22 at 4:00 pm.

President James adjourned the meeting at 3:40 pm.

City of Bowman Notice

Change of City Commission Meeting Dates

This shall serve as notice of the change of upcoming Bowman City Commission Meeting Dates.  The month of June will have only one meeting which will be on June 21, 2022 at 4:00 pm and the July 5. 2022 meeting will be changed to July 7, 2022 at 4:00 pm.

Dated this 26^th day of May 2022.  Peggy Allen, Financial Auditor

BOWMAN CITY COMMISSION

ORGANIZATIONAL

 MEETING AGENDA

June 28, 2022 at 4:00 pm

Bowman City Hall, 101 1st St. NE

• Call Meeting or Order

• Approval of Agenda

• Pledge of Allegiance

• Oath of Office for Benjamin Schaaf and Sara Bullis

• Organization of City Positions

• Permission to Change the Signature Cards at Bank

• Order of Command for Emergencies or Disasters

Close of Meeting

• Next Meeting Date: 7/7/22 at 4:00 pm

• Adjournment of Meeting