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NOVEMBER 5, 2018 APPROVED CITY COUNCIL REGULAR MEETING MINUTES

The meeting was called to order by Mayor Derrick Walker on Monday, October 1, 2018 at 5:00 pm. Invocation was led by Pastor Sean Barnhart followed by the Pledge of Allegiance. Upon roll call, the following council members were present: Shelly Hauge, Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Absent: Jon Ptacek. Also present: Attorney Joe Hanson, City Foreman Bob Job, City Administrator Sharon Jangula, City Deputy Auditor Joy Bosch, Deputy Sheriff Chris Vargas.

Visitors: Steve Bosch, Clarence Herz, Rory Humann, Barb Jahner, Herb Keller, Marlena Kelsch, John Mallum, Daryl Rohrick, Tiffany Salwei, Alan Senger, Eric Urness, Damon Walker.

A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve the October 1, 2018 Meeting Minutes and October 15, 2018 Special Meeting Minutes. Unanimous aye vote; motion carried.

Eric Urness, Interstate Engineering updated the council on the progress of the Sewer System Improvements Project. Discussion was held on Change Order One (1) which would change the substantial completion date from November 1, 2018 to July 1, 2019 and increase the contract price from $1,715,205 to $1,924,217. An additional 240 top hats will be installed based on the new televising. A motion was made by Randy Meidinger and seconded by Linda Schumacher-Kelsch to approve Change Order No. One (1) contingent on the approval and concurrence of USDA Rural Development. Unanimous aye vote; motion carried.

Jon Ptacek arrived during the updates of the sewer project.

Damon Walker, a member of Governor Burgum’s Mainstreet Student Advisory Committee addressed the council with a list of questions regarding community and economic development within the city.

Mayor Walker introduced Tiffany Salwei, a member of the Linton High School Student Council. He said a member of the student council will be attending the meetings on a regular basis to have youth engagement at the city meetings.

Steve Bosch, requested to purchase Parcel 52-19-79 which is located directly west of his current residence. His intentions would be to build a garage sometime in the future. It was previously approved to sell the lot for $1.00 with the buyer assuming any remaining special assessments and all costs incurred to sell the property with the stipulation that a home must be built on the property within a year. After discussion, a motion was made by Dan Imdieke and seconded by Shelly Hauge to sell the lot as either previously approved or for $2,400 with the buyer assuming the remaining special assessments and all costs incurred to sell the property. Unanimous aye vote; motion carried.

A motion was made by Linda Schumacher-Kelsch and seconded by Jon Ptacek to approve Temporary Liquor License Transfer Permits: Happy Hour Bar to the Emmons County Courthouse Auditorium on November 11, 2018 for the American Legion Veterans Day; and Happy Hour Bar to the Emmons County Courthouse Auditorium on November 23, 2018, for the Linton Chamber of Commerce Light Up the Night. Unanimous aye vote; motion carried.

A motion was made by Linda Schumacher-Kelsch and seconded by Dennis Morris to approve a Gaming Site Authorization for the Linton Lions Club at The Grill. Unanimous aye vote; motion carried.

A motion was made by Randy Meidinger and seconded by Dan Imdieke to approve the application for Local Permit #18-16 Linton Fire Department- raffle 12/31/18. Unanimous aye vote; motion carried.

A motion was made by Dan Imdieke and seconded by Shelly Hauge to approve building permit #18-65 Jeremy Haid – stucco siding. Unanimous aye vote; motion carried.

A hearing was held for violation of Ordinance 18-08-02 regarding the fence located at 428 Maple Ave East. Herb Keller appeared before the council to show cause why the existing fence in his yard should not be removed by the City. After discussion, a motion was made by Dennis Morris, and seconded by Dan Imdieke to grant Mr. Keller a building permit to replace the fence with approved materials, the fence must be located four (4) from the sidewalk and a variance will be granted to allow the fence in the front yard to be 3 ½ feet in height. Unanimous aye vote; motion carried.

A motion was made by Jon Ptacek and seconded by Shelly Hauge that the existing fence at 428 Maple Avenue East is in violation of Ordinance 18-08-02 and must be removed within thirty (30) days. Unanimous aye vote; motion carried.

Clarence Herz appeared before the council to formally ask the Mayor to begin an investigation into the Linton Industrial Development Corporation (LIDC) because he thinks they are not operating within the guidelines set down in ND Century Code to encourage and assist in the development of employment within the city. He questioned the LIDC participation in an interest buy-down loan with a business outside of city limits, a personal loan to move a house and a grant to a business outside the city limits.

Some of the other concerns discussed were transparency, open records, serving on the board and development of residential property.

Attorney Joe Hanson said it appears the LIDC has operated within the guidelines of the North Dakota Century Code and the LIDC can be involved in projects outside city limits.

After further discussion, a motion was made by Dennis Morris and seconded by Dan Imdieke to deny the request for an investigation. The motion carried 4-0-2. Linda Schumacher-Kelsch and Shelly Hauge abstained from voting as they are on the LIDC Board of Directors.

The council reviewed the Notice of Annual Land Sale received from Emmons County.

Discussion was held on Ordinance 18-08-02 Regulating the Use of Heavy Vehicles and Equipment. Alan Senger, Rory Human and Marlena Kelsch each expressed concerns with the ordinance. A motion was made by Shelly Hauge and seconded by Dennis Morris to form a work group to review the ordinance. Unanimous aye vote; motion carried. Shelly Hauge, Randy Meidinger, Dennis Morris and Alan Senger will serve on the work group. The work group will meet November 7th at 6:00 pm.

A motion was made by Shelly Hauge and seconded by Linda Schumacher-Kelsch to approve the October 2018 Monthly Financial Report. Unanimous aye vote; motion carried.

A motion was made by Randy Meidinger and seconded by Jon Ptacek to approve the following payments. Unanimous aye vote; motion carried. BEK Communications $64.71; BEK Communications $65.64; BCBS $471.00; Emmons County Record $460.72; Emmons County Sheriffs Dept $4,797.24; ECOLAB $187.65; Fireside Office Solutions $127.31; IRS $4,890.73; Interstate Engineering $71,119.57; Joseph Hanson $1,195.00; Herreid Concrete $182.00; Humann Heating & Air $459.00; Interstate Power Systems $1,022.19; Jack Electric & Trenching $55.00; KEM Electric $103.91; KPH, Inc $578,754.01; Linton Hardware Center $40.01; Linton Hardware Center $149.98; Linton Lions Club $45.00; Linton Plumbing $60.00; MDU $3,388.47; Municipal Government Academy $30.00; ND DOH-Chemistry Div. $129.47; ND DOH- Microbiology Div. $32.00; ND One Call $7.70; ND Dept of Transportation $5,285.56; Dept of Transportation-Motor Vehicle Div $20.00; ND PERS $2,605.32; ND PERS $5,318.22; Prairie Winds Construction $11,456.00; Patriot Fuels $205.80; Patriot Fuels $443.80; Payroll $17,205.15; South Central Regional Water $9,820.80; Harold Stratton $105.88; USPS $207.20; Julie Umber $175.00; Verizon Wireless $95.91; Waste Management $1,141.90; Waste Management $1,050.99.

The council reviewed documentation of properties which remain in violation of the ordinance regarding junk, junk vehicles, trash or rubbish. The property owners were previously notified to bring the property into compliance. A notice of hearing for December 3, 2018 will be sent to the property owners.

Discussion was held on the current employee vacation policy. The matter was tabled until the next meeting.

The next regular meeting will be held on Monday, December 3, 2018 at 5:00 pm.

A motion was made by Dan Imdieke and seconded by Shelly Hauge to adjourn the meeting. Meeting adjourned.

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