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:
- 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.
- 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.
- 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.
- 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.
- 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.