The regular meeting of the Glendive City Council was held Tuesday, May 7, 2013. Mayor Jerry Jimison called the meeting to order with the following Council members present: Leon Baker, Rhett Coon, Mike Dryden, Matt Hull, Gerald Reichert, and Carrie Sokoloski. Others present included: Administrative Clerk Jessica Ayre, Director of Operations Kevin Dorwart, Police Chief Ty Ulrich, and Public Works Director Jack Rice. David Johnson from the Ranger-Review, and Emily Boyles from KXGN were also present along with numerous members of the public. Council members Steve Bury and Linda Jones were absent along with Fire Chief George Lane and Recreation Director Dean Svenvold. Sokoloski moved to approve the minutes of the April 16, 2013 regular council meeting; second by Reichert and the motion passed with Council member Sokoloski abstaining. OLD BUSINESS Ordinance Committee 4-22-2013 at 4:05 PM Members present: Bury, Baker, Hull, Jones & Mayor Others: Ron Long, Richard Crouch, David Johnson (ranger reporter) Sharon Ricciardo, Jerry Geiger, Gwen Ziegler, Kevin Dorwart Agenda: 1. Amend City Code for enforcement of dog litter. Committee would consider assigning a penalty fee to existing language under Chapter 3 Animal Control 5-3-1 Defecation but no action at this time. ACTION: More info is needed by committee before a recommendation. (see attached existing code) 2. Amend City Code for restriction on LPG (propane) in large quantities 7-2-5 A Ron Long representing General Distributing Co. presented a request for a code change in 7-2-5 to include the property at 720 N. Sargent. Committee reviewed his plans for LPG storage. Fire Chief was absent at the meeting but had a letter for the committee which raised concern. Setback of tank from property line not in accordance with IFC & IBC needs to be 50ft.and protection from vehicle damage to tanks not on the submitted plans.(see attached letter from Fire Chief dated April 19th to ordinance committee) Mr. Long and Mr. Crouch said they need to have a change in code to allow the property to be in compliance with city code by 1 July. Committee said they would contact the Fire Chief to obtain his opinion on the matter. (See attached e-mail sent to GENDCO from Fire Chief on April 23rd.) 3. Change City Codes to allow same setbacks in C3 as are allowed in C1 Committee received a letter of request from Jerry Geiger on this matter and the committee recommended that Jerry Geiger submit his request to the planning board first for their recommendations to council. ACTION: No action. 5-3-1: DEFECATION: A. Removal: An owner or person having custody of any dog or any other animal shall not permit said dog or other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, boulevard, park or any other public ground or any private property within the city other than the premises of the owner or person having custody of said dog or other animal unless such defecation is removed immediately. 1-4-1: GENERAL PENALTY A. Misdemeanor: Whenever in any provision of this code or other ordinance of the city any act is prohibited or is made or declared to be unlawful, a misdemeanor or an offense, or whenever in any such provision or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided therefor, any person upon conviction for the violation of any such provision of this code or ordinances shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment, for each such offense. Each day any violation of any provision of any ordinance shall continue shall constitute a separate offense 7-2-5: BULK STORAGE OF LIQUEFIED PETROLEUM GASES: A. Limits Established: The limits referred to in article 82 of the uniform fire code in which bulk storage of liquefied petroleum gas is allowed is hereby established as follows: (1983 Revised Code § 15.02.005) 1. Three hundred feet (300') south of Allard Street from Sargent Avenue to the centerline of the Burlington Northern Railroad tracks, three hundred feet (300') wide north of Allard Street from the centerline of the Burlington Northern Railroad mainline tracks to a point east in line with a projected line of the center of Sargent Avenue. (Ord. 19-85, 8-17-1987) 2. Areas designated as C-3 highway commercial as specified in title 11 of this code with minimum setback as specified in table 8204-A of the uniform fire code. (1983 Revised Code § 15.02.005; amd. 2004 Code) 3. An area six hundred feet (600') north of the north right of way line of the Belle Prairie Frontage Road in the Sunrise Division and east of the east property line of Arizona Avenue, more particularly described as follows: tracts 10A, 10B, 10C, 10D, 10E, 11A and certificate of survey No. 216 of the amendment of tracts 2, 8, 9, 10, 11, 1H, 1I, 1J of Sunrise Subdivision as those tracts are recorded in the clerk and recorder's office in Dawson County, Montana, under book A131, page 284 and book A133, page 256. (Ord. 19-85, 8-17-1987) Personnel Committee: April 22, 2013 – 4:55 p.m. Council Members Present: Mayor Jimison, Leon Baker, Steve Bury, Matt Hull, Linda Jones Department Reps & Personnel: Kevin Dorwart Other: Dave Johnson (Ranger Review) Agenda 1. Public Works Director Jack Rice was unable to attend the meeting, so Mayor Jimison gave the Committee an update on the vacant Utility Worker position. He said that Mr. Rice indicated he has two applicants for the position, and will be scheduling interviews soon. ACTION: FYI. 2. Mayor Jimison informed the Committee that Mr. Rice will be looking for at least four temporary summer laborers for the Public Works department. Mr. Rice will be contacting individuals who have previously worked in that capacity to see if they are interested in returning this summer. If he needs more workers, he will begin advertising ASAP. ACTION: FYI. 3. Mayor Jimison informed the Committee that Mr. Rice has received a couple of internal inquiries on the Assistant Public Works Director position. When he returns to the office, he is going to further evaluate the qualifications of the individuals who inquired. ACTION: FYI. 4. The Committee briefly discussed the recently filled Assistant Recreation Director position. The intention is still to hire two part-time assistants, but there is less need for two assistants in the summer months. The Committee recommends putting the Job Order on hold for the summer months, and resuming the search for a second PT assistant in the late summer or early fall when there are more activities in need of supervision and direction. ACTION: FYI. 5. The Committee received a letter from Fire Chief George Lane recommending the appointment of two Firefighters to the position of Captain – Rick Micheletto and Russell Feisthamel. Their approval as Captains would give the Fire Department four captains. ACTION: The Committee recommends the appointment of Firefighters Rick Micheletto and Russell Feisthamel to the position of Captain, effective May 8. 6. The Committee met in closed session to discuss a confidential personnel issue. ACTION: FYI Meeting adjourned at 5:25 p.m. Submitted by: Personnel Committee Chairman Matt Hull; Councilman Ward II Street Committee Meeting: May 1, 2013 at 4 p.m. Attendees: Carrie Sokoloski, Rhett Coon, Gerry Reichert, Mayor Jerry Jimison, Public Works Director Jack Rice, Director of Operations Kevin Dorwart, Jerry Geiger, David (Ranger Review), Jo Bain and two high school students Agenda: 1. Request from the Dawson County Food Bank for designated handicap parking in front of the new Food Bank located at 112 West Benham Street. ACTION: Committee recommends approval of designating a handicap parking space on the north side of the 100 block of West Benham Street, directly to the east of the alley access. 2. Request for two designated Law Enforcement Parking Spaces in front of the Courthouse on the 100 block of South Kendrick Avenue. The County Commissioners are asking for two reserved parking spaces for law enforcement, to help increase security when transporting prisoners to and from court proceedings. Parking is tight around the perimeter of the Courthouse and the Council approved angled parking on the Towne Street side of the courthouse last year, to help alleviate some of the parking congestion. ACTION: Due to limited parking around the County Courthouse, Committee recommends granting the County one designated Law Enforcement Parking Space, directly behind the handicap parking place on the 100 block of South Kendrick Avenue. 3. Request for Street Abandonment on the 400 and 500 blocks of Divide Street in Hillcrest. ACTION: Committee recommends that this request should first go to the City/County Planning Board for review prior to consideration by the Council. 4. Request for angled parking on the south side of the 100 block of West Brennan Street. The Clothesline Laundromat’s customers will no longer be allowed to utilize the parking lot directly adjacent to their building. As an alternative, they have requested turning the boulevard next to their building and the existing parallel parking space into angled parking. ACTION: Committee has asked that the owner and managers of The Clothesline Laundromat work with Public Works Director Jack Rice, to make sure the parking and boulevard are developed according to the City’s existing codes and requirements. Committee recommends that the Council grant conditional approval, so long as the owner/managers follow the direction and guidelines of Director Rice. 5. Request for street closure. The Glendive Chamber of Commerce and Agriculture has requested to close the 300 block of S. Merrill during the event hours of the home expo on May 31 and June 1. ACTION: This matter does not need to be decided by the council, per our Parade and Street Closure policy. Committee asked that the Chamber of Commerce be contacted and asked to fill out the necessary application for review by City Officials. Meeting adjourned at 4:30 p.m. Respectfully submitted by Carrie J. Sokoloski, Ward II Alderman FUPR Committee Meeting-Wednesday, May 1, 2013 - 4:30pm Present: Mayor Jimison, Gerald Reichert, Carrie Sokoloski, Rhett Coon, Kevin Dorwart, Jack Rice, Jerry Geiger, David Johnson at Ranger Review, 2 students 1. Jo Bain: JC West Park-Jo Bain, as part of the nonprofit Badlands Bombers, would like to refurbish and maintain the horse shoe pits. The Bombers would like to have an annual tournament for handicap children. Kevin Dorwart would need a list of volunteers that would be working on the pits to add them to the city’s workers comp insurance. ACTION: Committee Recommends Approval. 2. Contract Amendment with Great West Engineering -There are currently 5 amendment requests from Great West Eng. along with another substantial amendment request on the horizon. There are only 2 that are urgent and time sensitive that need to be considered at this time. The others will be considered at a future date. ACTION: Committee recommends approving amendment #1 for the MPDES Permit for $15,000.Committee also recommends approving amendment #3 for the Geotech Report for $20,000. 3. Landfill Financial Assurance Contract -Kevin Dorwart brought forward a contract for closure and post closure of the City Landfill. A contract is required to renew our landfill license. The city also needs to pass a resolution giving the mayor authority to sign the contract. ACTION: Committee recommends approving the contract and resolution to give the mayor signature authority. 4. Fire Department Budget Transfer Request-Fire Chief Lane requested transferring $500 from unused money in the training budget to buy a TV for the day room at the fire station. A refurbished TV had been donated to replace the TV that had failed but the refurbished TV had also failed. Chief Lane stated that there were too many items that either the FF Association or the local union had purchased and thought that the city should bear the cost for the TV. ACTION: Committee recommends the budget transfer. 5. Housing Solutions LLC-Housing Solutions LLC was denied request for their tax credit housing project in Glendive for 2013. They would like to request trying again in 2014. We will check with the city attorney to see if we need to change the agreement that was voted on and approved earlier. ACTION: Committee recommends approving extension with Housing Solutions LLC 6. Bond Resolution Refinance.-Kevin Dorwart gave us an update on the bond resolution refinancing. We will be voting on the resolution on the May 7th council meeting. FYI improvements if BNSF terminates the agreement early and the City would not be held liable for any environmental contamination that happened previous to city leasing the grounds. ACTION: Upon pending legal approval, the committee recommends entering into the new lease agreement with BNSF. Concludes report. Rhett Coon, Councilman W4 FYI – Cable and Communications – adding two new channels to cable television services that is available. FYI – Community Clean-up week- the city of Glendive, WBI, and Dawson County Commissioners each donated $1000 to the cleanup project. Rice reported that just short of the $3000 was used in the cleanup efforts. Using the coupon system and working with the chamber allowed many different people to take advantage of the free dump trip. Mayor Jimison expressed appreciation to both Dawson County Commissioners and WBI for their contributions. Amend bid opening for CTEP Project –Bid opening will be delayed by one week and new big opening will be on Tuesday, May 14th at 2:00 pm. Housing Solutions, LLC – Alex Burkhalter thanked the council for their support. The allocation was able to go forward for Pearson Place that was part of a seven way tie and took second place. The board has taken the attitude of discretion and two important things taken into consideration were partnership with local agencies and geographical distribution. He would like to take another shot at applications for 2014. The preliminary application is due in July and the other in October to be starting in April of 2014 if successful. Reichert asked how many of the seven were located in eastern Montana. Burkhalter others that also tied were: Billings, Missoula, Great Falls, Sidney, Glendive, and Wolf Point. He also requested adding one year to the current contract. PUBLIC COMMENT 1. Ron Long- General Distributing representative spoke regarding the amendment sent in about the propane to move the building back 50 feet from all property lines. The new drawing shows the bumpers that would protect the tanks. The timeframe that they wanted was for the contractor. 2. Ron Doll- 703 Windham Square-Spoke in opposition to the 1000 gallon highly explosive material so close to his neighborhood. He feels that if an accident happened it would be devastating to the area. Doll stated that rezoning could possibly lower the value of the homes in Windham square and that there is a zoning for a reason. That much highly explosive material should go in a designated area such as where Cross Petroleum and Mort Distributing are or should be moved out of city limits. Safety comes first and more important than adding a few jobs for the city. Doll also stated that he was told by Mr. Baker that Mr. Crouch had gone around the neighborhood and talked to all of the neighbors who approved. Many members of the neighborhood have come in support of this and do not want highly explosive material in their area. 3. Richard Crouch- 418 Sigmund- Corrected the misstatement by Mr. Doll and explained that he had not gone around to all neighbors, he did talk to a couple of them and those that he spoke to were fine with the changes. From the fire chief investigation of this project all state fire code has been met. It is far enough away from all residences and is now further from the property line and is protected all the way around as set up by the fire code. Lane issued a letter stating that these changes have all been made. Mr. Crouch stated that we have been looking for ways to grow our community with jobs that will not disappear when the oil industry does, including all motel jobs and trailer jobs. This is a long-term business and has been in operation since 1948. They are experienced and have operations in Great Falls, Billings, and Missoula and are in compliance with all regulations. He also pointed out that the property across the street has much larger quantities of propane on site and is not much further away from the residence. He encouraged the provision of the M-1 zone for approval. Councilman Dryden asked if any other towns had to make similar requests and changes. Crouch replied that Great Falls and Bozeman did and they were both approved. 4. Leta clayton- 217 Lyndale Avenue- Leta stated that she and her husband manage Clothesline Laundromat. The Re-Treat has decided to put a fence on their side of the Laundromat and those who were using that parking lot will no longer be able to use it. It is vital to their business that parking is provided. To meet the needs of the Laundromat they propose seven to eight angled parking. They are willing work with the city to meet requirements. Interstate engineering has surveyed the area. They will remove existing gravel and pour concrete slab sloping to the street, create a valley gutter to maintain the flow of the water, install curbs, and paint the lines. Reichert clarified that the proposed changes she had mentioned had been discussed. Leta stated that they will be in contact with public works and that MDU is going to move the light pole to the Holiday side of the street. Mayor Jimison asked twice if there were any other members of the audience that would like to address the council on any specific issue and there were none. NEW BUSINESS Accept resignation of BJ Coon from Public Works Department effective 05/02/13- Reichert made a motion to approve the resignation of BJ Coon effective May 2, 2013; second by Sokoloski and the motion passed. Request to advertise for Public Works Water Treatment Operator effective immediatelyHull moved to advertise for Public Works Water Treatment Operator effective immediately; second by Sokoloski and the motion passed. Coon mentioned to keep in mind the possibility of finding someone for the wastewater treatment plant in the future. Appointment of Rick Micheletto and Russell Feisthamel to position of Captains in Glendive Fire Department effective 05/08/13- Coon moved to appoint Rick Micheletto and Russell Feisthamel to position of Captains effective May 8, 2013; second by hull and the motion passed. Coon stated that they are both in good standing and that there will now be 4 captains. Approval of handicap parking area on the north side of 100 block of West Benham St.-This handicap spot requested by the food bank is directly across from the Jordan Hotel and is the end spot before the alley. Sokoloski moved to approve the handicap parking area on the north side of 100 block of west Benham Street; second by Coon and the motion passed. Allow one parking space for law enforcement parking only behind handicap space on 100 block of South Kendrick Avenue. Hull moved to approve the parking space for law enforcement behind the handicap space on 100 block of South Kendrick Avenue; second by Reichert and the motion passed. Reichert stated that one request was for one spot and the other for two. They felt that two spots would take up too much space in addition to the handicap spot that is currently there. Request for angle parking on 100 block of West Brennan Street- Coon made a motion to approve the request for angle parking on 100 block of W. Brennan Street; second by Baker and the motion Carried. Dryden asked if both sides of the street would have angled parking. Rice stated there the other side currently has angled parking and that this change would not cause any street narrowing problems. Allow reconstruction of horseshoe pits in JC West Park by Badlands Bombers Service Group. Sokoloski moved to approve reconstruction of the horseshoe pits located in JC West Park by the Badlands Bombers Service Group; second by Dryden and the motion passed. Approve contract amendment with Great West Engineering in the amount of $15,000.00. Sokoloski moved to approve the contract amendment with Great West Engineering in the amount of $15,000.00; second by Dryden and the motion passed. Dorwart explained this is for the discharge permit that will either be in the Yellowstone River or Glendive Creek. Approve contract amendment with Great West Engineering in the amount of $20,000.00. Coon moved to approve the contract amendment with Great West Engineering in the amount of $20,000.00; second by Dryden and the motion passed. Dorwart explained that this is for soil testing at the proposed wastewater treatment facility location. Approve trust agreement between City and First Interstate Bank, Inc. for landfill closure. Dryden moved to approve the trust agreement between the City and First Interstate Bank, Inc. for landfill closure; second by Reichert and the motion passed. Dorwart stated that the City is required to have a trust agreement for the 26 years left until this foot print is full. Up to thirty years of post-closure testing soil testing and monitoring. We are required to put away money in a trust to assure that both closure and post closure will be completed at the time it needs to be closed. This is required in Montana to have a landfill permit. This bank is used because at the time there were not many banks that had the trust powers needed to meet the requirements. Approve Resolution #2889 allowing the Mayor to sign contract as City representative. Reichert moved to approve Resolution #2889 allowing the Mayor to sign contract as City representative; second by Sokoloski and the motion passed. Approve budget transfer from Fire Department account 420400-370 to Fire Department Account 420400-240 in the amount of $500.00. Coon moved to approve a budget transfer from Fire Department account 420400-240 in the amount of $500.00; second by Hull and the motion passed. Approve contract extension with Housing Solutions, LLC. for tax credits to build Pearson Place Low Income Housing. Coon moved to approve the contract extension with Housing Solutions, LLC. for tax credits to build Pearson Place Low income housing; second by Sokoloski and motion passed. This would be approving Mr. Burkhalter to prepare a preliminary application to build low income housing at Pearson Place. Approve Resolution #2887 for Series 1996 Bond, Series 2008 Bond, Series 2010B Bond refinancing. Dryden moved to approve Resolution #2887 for Series 1996 Bond, Series 2008 Bond, Series 2010B Bond refinancing; second by Sokoloski and the motion passed. Approve Resolution #2888 for Series 2012B Bond refinancing. Baker moved to approve Resolution #2888 for series 2012B bond refinancing; second by Hull and the motion passed. Hull asked Director Dorwart to explain savings and reasons for refinancing. Dorwart stated the bonds are SRF Bonds that are in 5 year increments and dropped the interest rates and reducing the terms as well. The total on the B-bond is about 26,000.00 in savings and the other is over $96,000.00 in savings. Approve Resolution #2890 to increase rates for sewer services effective May 17, 2013 Dryden moved to approve Resolution #2890 with the intent to increase sewer rates $4.79 per month effective May 17, 2013; second by Coon and the motion passed. Accounts Payable Claims: $226,009.82- Hull moved to approve the accounts payable claims in the amount of $226,009.82; second by Sokoloski and the motion passed. Payroll for April: $192,290.98 – Sokoloski moved to approve the payroll for April in the amount of $192,290.98; second by Dryden and the motion passed. DEPARTMENT HEAD COMMENTS Public Works- Director of Public Works Jack Rice has met with the Corps and they are working on many projects. They have also met with other engineers looking at lift station upgrade. Jack was in Helena for a landfill manager class for a week. He will be meeting with Century Construction representative for cold mix for street repairs. Utility worker and assistant public works director interviews have been set. Four temporary summer help have been hired and are scheduled to start at the end of the month. Dryden asked if there is any way that the bathrooms can be stocked during big events such as track and tennis meets. Rice stated that someone is overtime to restock and clean during the Elks meet. They are also stocked on Friday each week and he would like to see the school participate in restocking those events. Police- Chief Ulrich stated that an arrest was made for the Wiseman homicide. They have put in over 4000 hours working on it with all involved agencies. Lindsey is going to Helena for required training course. Friday Ulrich will be doing a torch run about 3 miles for the Special Olympics. He also noted that May 15th police officer Memorial Day. Dryden asked the Chief how the Watch East screening is going and if he feels the process is working. Ulrich stated that it is a great process and good program. Finance- The finance department has been working on contract work lately for bonds and financial insurance contracts which is taking up quite a bit of time. Rice and Dorwart met with the Corps of Engineers and discussed where they were at in the process and the engineers said they need some additional information geographical such as types of buildings. Enough product is done so that the RRGL grant can be used that has been in place for a couple of years. House Bill 218-infrastructure bill didn’t pass. Dorwart didn’t feel good answers were given as to why it was vetoed. It passed the 3rd reading in the house with good results 93-6 and 48-2 in the senate. Across party lines it was a good bill that would have benefited eastern Montana. Mayor Jimison added a copy of an email from the Governor explaining his reasons for vetoing the bill. HB 218 was one of five proposals for some relief from the oil and gas impacted areas. Dryden asked Dorwart why the contract with Great West Engineering soil testing was not in the original bid. Dorwart stated that the last amendment was 30% design and this was deciding the footprint of where and what it was going to be. Reichert added that this is just an addition to the original contract as the process moves along. They were listed out but the specific amounts were not available at that time. MAYOR’S COMMENTS DCHS Government Day will be Tuesday May 14th from 8:30-11:00am. Municipal Elected Officials Workshop in Billings - May 8th thru May 10th. The mayor will be attending this workshop and in the past 4 or 5 council men have attended but due to scheduling this year no council members will be able to attend. Arbor Day Celebration & Picnic at Penninger Park - May 21st @ 5:30 pm. This will be held prior to the next council meeting. Rice stated that they have received a paddlefish grant that is going to use toward Penninger park playground equipment. Trees will be planted to surround the playground. Terena Stortz is going to donate time to help design the landscaping. The trees will be put in first and the playground will be installed this fall. Bid Opening for Multiuse/Ambulance Building - Tuesday, May 21st at 2:00 pm. Mayor Jimison stated that five or six contractors have picked up sets of plans for that opening. Law Enforcement Torch Run for Special Olympics - Friday, May 10th. Chief Ulrich stated that it will begin at 10 am in Jaycee West Park. Darci seaman will be collecting donations for him. Last year he was the top fundraiser for the Special Olympics in the City of Glendive. Community Garage Sale Day - Saturday, May 11th starting at 7:00 am. Glendive Garden Club Plant & Bake sale at Hungry Joe Hall - May 11th at 8:30 am. Annual Post Office Food Drive - May 11th. Paddlefish Season opens – Wednesday, May 15th. Depending on the level of the river the season sometime ends in four or five days. Dawson County Economic Development-Eastern Montana Energy Expo – May 15th & 16th at DCC from 9:00 am – 4:00 pm. As many as 120 booths are scheduled for display. Emily Boyles stated there will be a shuttle from the EPEC and each of the hotels to alleviate parking problems. Energy Expo Banquet at EPEC – May 16th at 5:00 pm. The keynote speaker is Governor Steve Bullock. Tickets are available at the Chamber for $30.00 each. Leadership Glendive Graduation – YRI at 6:00 pm. This program is in its 4th or 5th year. DCHS Graduation – May 19th. League of Cities & Towns District meeting with Alex Hanson – Wednesday, May 22nd at 1:30 pm- He will be in town to conduct an informational meeting for District 4. COMMITTEE MEETINGS Street Committee meeting – Wednesday, May 15th – 5:00 pm Finance/Utilities/Property/Recreation Committee – Wednesday, May 15th - 5:30 pm Personnel Committee – Monday, May 13th – 3:00 pm Ordinance Committee – Monday, May 20th – 4:00 pm DEPARTMENT REPORTS City Court – April 2013 Police Dept. – March 2013 OTHER BUSINESS ADJOURNMENT Hull moved to adjourn the Council meeting; second by Reichert and the motion passed. Dated this 7th day of May, 2013. Approved the 21st day of May, 2013. ___________________________________ Jerry Jimison, Mayor ATTEST: ________________________________ Jessica Ayre, Administrative Clerk