City Council Minutes

OFFICIAL MINUTES

Town of Circle

Growth Policy Planning Meeting

Monthly Council Meeting

June 12, 2023

TOWN OF CIRCLE TOWN HALL - 105 MAIN STREET - CIRCLE, MT

GROWTH POLICY PLANNING MEETING

The meeting was opened at 6:00 pm.

Present:

Garry Johnson-Mayor Clint Haynie-Council Chairman Diane Black-Council

Jaymes Breitbach-Council Michael Hale-Council Kelly Doan-Clerk/Treasurer

Marista Heide-Deputy Clerk

Public Present:

Steve Tilton-McCone Electric; Chad Bieber-Planning Board Chairman

The town council and the mayor created an action plan based on the goals and objectives contained in the draft Growth Policy prepared by Great West Engineering. The town clerk will submit the action plan to Great West Engineering. The procedure for a public hearing and adoption of a new Growth Policy was discussed. Chad Bieber, Planning Board Chairman said the next Planning Board meeting is scheduled for June 27, 2023 at 5:30 pm in the McCone County Courthouse.

The meeting was adjourned at 6:55 pm.

TOWN COUNCIL MEETING:

CALL TO ORDER

The meeting was called to order by Mayor Garry Johnson at 7:01 PM.

Present:

Garry Johnson-Mayor Clint Haynie-Council Chairman Diane Black-Council

Jaymes Breitbach-Council Michael Hale-Council Joe Paine-PWD

Kelly Doan-Clerk/Treasurer Marista Heide-Deputy Clerk

Rich Batterman-Town Attorney by Go to Meeting

Public Present: Chad Bieber; Steve Tilton; Joseph Juliano-Undersheriff; Ruth Clarin; Jerry Meissner; Owen Childers; Denise Haynie; Larry Nagel; Anita Nagel; Sean Mackiewicz-G&G Garbage; Tara Vannoy; Marilyn Howell; Brad Jueger-G&G Garbage; Michael Desmond-G&G Garbage; Nick Schriver; Chris Kwasney-Fire Chief

The Pledge of Allegiance was said.

APPROVAL OF AGENDA: Motion by Michael Hale to approve the agenda as presented. Jaymes Breitbach seconded. No further discussion. All in favor. Motion carried unanimously.

APPROVE MINUTES: Motion by Jaymes Breitbach to approve the May 8, 2023 growth policy planning meeting and council meeting minutes as presented. Diane Black seconded. No further discussion. Diane Black, Jaymes Breitbach and Michael Hale in favor. Clint Haynie abstained. Motion carried. Motion by Jaymes Breitbach to approve minutes from the June 1, 2023 growth policy planning meeting. Diane Black seconded. No further discussion. Diane Black and Jaymes Breitbach in favor. Michael Hale and Clint Haynie abstained. Motion carried.

UNSCHEDULED PUBLIC COMMENT: Larry and Anita Nagel are present to ask what the council can do about the deer population in town. Steve Tilton, McCone Electric Manager, is present to introduce himself. Tara Vannoy is present to offer support for the mobile home park and asked about the status of the rezoning matter. Marilyn Howell is present to listen to the meeting. Nick Schriver is present to discuss bulk water donations.

REPORTS

1) Sheriff's Report- Joseph Juliano, Undersheriff –The Sheriff's Department provided a list of budget item purchases for approval. The total cost is $10,650.00. Some items may be purchased from the Police Reserve Training Fund. The remaining items could be purchased from the General Fund Law Enforcement budget. Motion by Clint Haynie to approve the purchase of the items requested. Michael Hale seconded. No further discussion. All in favor. Motion carried unanimously.

2) Public Works– Joe Paine, Public Works Director – City Services has been using the DuraPatcher machine to patch streets. They are working on grading the alleys. The park is mowed and looks good.

3) Wastewater Treatment Facility/Water-Joe Paine, Public Works Director – The waterline project construction is ongoing. The sewer lagoon level is ok and the sewer lifts are working well. City Services will work on cleaning sewers as time and weather allow. The computer at the water treatment plant needs some fine tuning. Joe Paine left the meeting.

4) Judge's Report – No report.

5) Garbage Services- Michael Desmond, Brad Jueger and Sean Mackiewicz with G&G Garbage are present to discuss garbage pickup matters. G&G Garbage has faced some challenges in establishing garbage services in town. They are working with the Glendive landfill to ensure the landfill tickets are only for the town pickups. They will verify the truck weights are correct. They will review the customer list provided by the clerk's office and update as needed.

6) Fire Services – Chris Kwasney, Chief- The compressed air cylinders are being repaired. Chief Kwasney asked when the fire hydrants were last exercised. The fire department will be using the fire hydrants in the park for training in July and August. Open burning in town was discussed. Adoption of a town fire code was discussed.

7) Pool & Park – The pool opened June 5th. The new pool steps are installed and working well. The park has been mowed and weeds sprayed. An area has been dug up to remove cacti and will be reseeded.

CORRESPONDENCE: Correspondence reviewed: Montana League of Cities and Towns June 7th bulletin; Montana's 6th Local Government Review Timeline; Notice of Montana Coal Endowment Program Grant Award; Notice of RRGL Planning Grant Award

Michael Desmond, Brad Jueger and Sean Mackiewicz left the meeting.

UNFINISHED BUSINESS

1) Law Enforcement Contract- The McCone County Commissioners approved and signed the Interlocal Agreement for General Law Enforcement Services proposed by the Town Council. The new Agreement is effective July 1, 2023.

2) Zoning Ordinance & Map Update – The council agreed to have Great West Engineering apply for a planning grant to update the zoning ordinances and map.

3) Zoning Permit, 301 Main Street – 3 grain storage bins – The property owner emailed a picture of the proposed grain bins. The Zoning Permit Application was reviewed and discussed. Mayor Johnson asked 3 times for a motion to approve the permit application. No motion was offered. The permit application is denied due to lack of motion.

NEW BUSINESS

1) Zoning Permits:

a) 506 C Avenue, replace concrete steps and wooden steps – The concrete steps are new construction. The wooden steps will replace existing steps. One $50.00 application fee will be refunded. Motion by Diane Black to accept the permit applications. Jaymes Breitbach seconded. No further discussion. All in favor. Motion carried unanimously.

b) 406 Main Street, dog kennel – The ordinance for keeping dogs and operating a dog kennel was discussed. The clerk was asked to contact the applicant for clarification on the intended use of the proposed kennel. Motion by Jaymes Breitbach to table the application for further information. Michael Hale seconded. No further discussion. All in favor. Motion carried unanimously.

2) Law Enforcement Expenditure Requests – completed during Law Enforcement Report.

3) Denise Haynie, deer in town – Denise Haynie is present to discuss the deer population and asked what the town council can do about the problem. Mr. Batterman has contacted Fish Wildlife and Parks. They will send proposals for deer management plans. This item will be added to the agenda for the next meeting.

4) Deer Control Plan – Discussed under New Business Item #3.

5) Discussion – email from Chamber of Commerce & Agriculture, water donations for special events – Nick Schriver is present on behalf of the rodeo committee to discuss bulk water for the rodeo arena. The Town's Water Revenue Bond covenants prohibit the giving of services to anyone. Water could be pumped from the third cell of the lagoon for free. Mr. Batterman suggested having a written agreement to cover liability if water from the lagoon is used. There was discussion on how many gallons of water are used for the rodeo arena, money donations for the cost of the water and other organizations that take water from the hydrants for their events. Mr. Batterman will review the bond covenants and look for a solution to the matter. This item will be added to the July meeting agenda. Nick Schriver and Marilyn Howell left the meeting.

6) Ordinance Review – burned out and abandoned buildings – Options for enforcing ordinances for cleanup of burned out and abandoned buildings were discussed. Our ordinances allow for abatement as a public nuisance. Mr. Batterman advised the Town may consider criminal prosecution, but public nuisance is the better option. The council would have to add the cost of building clean up and removal to the public works budget.

7) Estimate for curb and gutter – part of Mayberry Road and part of Sullivan Avenue – Steve Skundberg has asked for a contractor estimate to install curb and gutter on a portion of Mayberry Road and Sullivan Avenue. The estimate has not been received. The clerk was authorized to advertise for bids.

Denise Haynie, Owen Childers, Larry & Anita Nagel and Jerry Meissner left the meeting.

8) Email from Chamber of Commerce & Agriculture – July 4th celebration in park, food trucks – The Chamber of Commerce & Agriculture wants to expand the July 4th celebration in the park to include games and food trucks. Motion by Clint Haynie to approve the proposed July 4th celebration. Jaymes Breitbach seconded. No further discussion. All in favor. Motion carried unanimously. The Chamber will have to contact G&G Garbage for a dumpster; the Town does not handle the dumpster rentals.

9) Street Closure Permit, 300 Block of Main Street, Christmas in July – July 21, 2023 – Motion by Jaymes Breitbach to accept the street closure permit and waive the $25.00 fee. Diane Black seconded. No further discussion. All in favor. Motion carried unanimously.

10) Street Closure Permit, 100, 200 & 300 Blocks of Main Street, Town & Country Day – September 16, 2023 – Motion by Clint Haynie to accept the street closure permit and waive the $25.00 fee. Michael Hale seconded. No further discussion. All in favor. Motion carried unanimously.

11) Main Street Parking – rental tenants parking – The public works director has asked if the parking ordinance can be enforced. Tenants are parking vehicles on Main Street for extended periods. City Services is unable to plow the entire street in the winter or sweep the street in the summer. The mayor will consider talking to the property owner.

12) Town Hall roof replacement, bid proposal – The Town Hall roof is leaking in several places. Apex Roofing has submitted a bid proposal for $55,092.00 to replace the roof. Budgeting for the expense was discussed. Jaymes Breitbach abstained from the discussion due to a conflict of interest. Motion by Diane Black to accept the bid from Apex Roofing. Clint Haynie seconded. No further discussion. Diane Black, Clint Haynie and Michael Hale in favor. Jaymes Breitbach abstained. Motion carried. Tara Vannoy left the meeting.

13) Quote for JD444P Wheel Loader – RDO Equipment Co. has submitted a quote of $211,000.00 for a 2023 JD 444P Wheel Loader with a snow pusher attachment. An Invitation for Bids will have to be advertised for any purchase over $80,000.00. More information is needed before a decision is made. This matter will be added to the July meeting agenda.

14) Review items discussed with First Call Solutions for IT Services and estimate of server update – An annual tech steering meeting was held with First Call Solutions on May 17, 2023. Jack O'Brien presented a meeting agenda and Hardware Life Cycle Report. The server will need to be replaced prior to October 2023. Jaymes Breitbach reviewed options for server updates – going to a cloud server environment or purchasing new hardware. First Call Solutions has provided a budget estimate for each option. Jaymes recommends the cloud server option. Motion by Jaymes Breitbach to move forward with the cloud server quote. Diane Black seconded. No further discussion. All in favor. Motion carried unanimously.

15) Resolution 06-12-23-01, Resolution to Transfer Funds to Water Replacement & Depreciation Account 5210-102240 for Future Replacement of the Water Treatment Plant Filters – Motion to accept the resolution by Clint Haynie. Jaymes Breitbach seconded. No further discussion. All in favor. Motion carried unanimously.

16) Discussion – posting places for council meeting Agenda – A request has been made to post the meeting agendas on the Town's Facebook page. Discussion followed on HB 724 which addresses publishing of meeting agendas. Also discussed were options for setting up a website and adopting an ordinance for posting places for meeting agendas. The clerk and town attorney will work on an ordinance for posting meeting agendas. Jaymes Breitbach will provide website options at the July council meeting.

17) Quote and information from Black Mountain Software for Accounts Receivable Software – the clerk and deputy clerk would like to consider adding the Accounts Receivable Module to the current Black Mountain Software package to use for bulk water billing. A demonstration is scheduled for June 20th at 1:00 pm.

OTHER BUSINESS:

Jaymes Breitbach asked if the financial reports, claims, and utility account reports could be moved to the report section of the agenda. The clerk suggested using a consent agenda to group routine meeting items into a single agenda item. Council agreed to try a revised agenda structure at the next meeting.

FINANCIALS

1) Monthly Financial Report: Council reviewed the cash, checking, investment account balances and preliminary financial statements for May 2023. Motion by Diane Black to accept the May 2023 preliminary financial reports as presented. Jaymes Breitbach seconded. No further discussion. All in favor. Motion carried unanimously. Budget preparation for fiscal year 2023/2024 was discussed. The clerk will try to include a draft preliminary budget with the July meeting packet.

2) Claims Approval: Council reviewed May 2023 claims for disbursement, April City of Glendive claim #5144, claim checks and payroll checks. Claim checks -99400 to -99401, 5935, 5939 to 5977 total $240,359.07, payroll checks -88566 to -88585, 5936 to 5938 total $28,040.27; total of all checks $268,399.34. Motion by Jaymes Breitbach to approve claims and checks as presented. Michael Hale seconded. No further discussion. All in favor. Motion carried unanimously. A copy of the claims report and check register are attached to the minutes.

3) Delinquent and Bulk Water Report: May 2023 delinquent accounts and bulk water sales were reviewed and discussed.

MAYOR'S REPORT:

The open City Services position has been offered to Dwain Jensen. He will be hired effective July 1, 2023. Steve Skundberg is retiring effective July 31, 2023.

There being no further business before the council, Mayor Johnson adjourned the meeting at 10:06 p.m.

Minutes approved 07/12/2023 .

Garry Johnson, Mayor

Kelly Doan, Clerk/Treasurer