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JANUARY 7, 2019 APPROVED CITY COUNCIL REGULAR MEETING MINUTES

The meeting was called to order by Mayor Derrick Walker on Monday, January 7, 2019 at 5:00 pm. Invocation was led by Pastor Rich Cook followed by the Pledge of Allegiance. Upon roll call, the following council members were present: Jon Ptacek, Shelly Hauge, Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Also present: City Administrator Sharon Jangula, City Deputy Auditor Joy Bosch.

Visitors: June Alderin, Dayna Bartlette, John Bartlette, Paul Eckdahl, Mark Heidrich, Clarence Herz, Rory Humann, John Mallum, Dave Nagel, Marlene Oster, Fran Potts, Lee Prince, Daryl Rohrick, Larry Rohrich, Grace Walker.

Mayor Walker presented Bob Job a plaque in appreciation for his 36 years of outstanding and dedicated service to the City of Linton. Mr. Job retired as City Foreman on December 31, 2018.
Mayor Walker introduced Virgil (Lee) Prince, Jr. as the Director of Public Works for the city effective January 8, 2019.
A motion was made by Randy Meidinger and seconded by Dan Imdieke to move meeting agenda items 8, 9, 14, 16, 17 after meeting agenda item 22. Unanimous aye vote; motion carried.

A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve the December 3, 2018 Meeting Minutes and December 11, 2018 Special Meeting Minutes. Unanimous aye vote; motion carried.

The sealed bids for city equipment were opened and reviewed. A motion was made by Jon Ptacek and seconded by Randy Meidinger to accept the highest bid for each item. Unanimous aye vote; motion carried. The high bids were as follows: 1. 2007 Portable Diesel Generator, $167.89; 2. 2007 Portable Diesel Generator, $167.89; 3. 2001 Portable Diesel Generator, $145.67; 4. 1989 Portable Diesel Generator, $345.67; 5. 1985 Aquatech SJ600 Sewer Jetter, $2,050.00.

A motion was made by Dennis Morris and seconded by Shelly Hauge to approve the applications for Local Permit #19-01 Beaver Valley Sno-goers Club – raffle 1/19/2019; #19-02 American Legion Post #54 – raffle 3/1/2019; #19-03 American Legion Post #54 – raffle 3/30/2019; #19-04 Linton Fire Department – raffle 2/1/2019 – 6/30/2019. Unanimous aye vote; motion carried.

A motion was made by Linda Schumacher-Kelsch and seconded by Shelly Hauge to approve building permits: #19-1 Glen Gefroh – flooring and bath remodel; #19-2 Emmons County Interagency – renovate house to daycare facility. Unanimous aye vote; motion carried.

A motion to approve the second reading of Amended Ordinance 18-08-02 Regulating the Use of Heavy Vehicles & Equipment was made by Linda Schumacher-Kelsch and seconded by Dennis Morris. Voting aye: Linda Schumacher-Kelsch, Dennis Morris, Dan Imdieke, Randy Meidinger, Shelly Hauge. Voting nay: Jon Ptacek. Motion carried, 5-1.

Discussion was held on the 2019 Budget. A motion was made by Randy Meidinger and seconded by Dan Imdieke to table further budget discussion to the February 4, 2019 meeting.

A motion was made by Dan Imdieke and seconded by Jon Ptacek to approve the December 2018 Monthly Financial Report. Unanimous aye vote; motion carried.

A motion was made by Linda Schumacher-Kelsch and seconded by Dennis Morris to approve the following payments: Auto Value Parts Stores $43.96; Beastrom Oil Co $228.75; BEK Communications $58.50; BEK Communications $64.82; BCBS $364.60; Carr’s Trophy Co $50.22; Cash $53.71; Cardmember Service $80.09; Charlotte Vetter $150.00; Dakota Supply Group $8.16; D & E Supply Co Inc $741.04; Electric Pump $600.00; Emmons County Record $359.46; Emmons Co Register of Deed $20.00; Emmons County Sheriffs Dept $4,797.18; Emmons Co Auditor/Treasurer $12,494.35; City of Bismarck $965.70; IRS $7,932.58; Farmers Union Insurance $ 66.00; Fireside Office Solutions $76.69; Joseph Hanson $1,725.00; Joseph Hanson $2,865.00; Jack Electric & Trenching $5,292.81; J.P. Cooke Co $67.50; KEM Electric $247.44; KEM Electric $260.87; Gerald Schatz $250.00; Linton Hardware $19.34; Martin Oil $1,001.22; MDU $1,815.57; MDU $3,858.74; MDU $129.67; MDU $294.10; ND DOH- Chemistry Div $223.63; ND DOH-Microbiology Div. $32.00; ND DOH-Microbiology Div. $32.00; ND League of Cities $285.00; ND One Call $6.30; ND PERS $3,359.22; ND PERS $5,318.22; Nodak True Value $182.91; Patriot Fuels $337.85; Patriot Fuels $137.93; Payroll $26,199.77; Powerplan OIB $545.15; Pro forms $69.35; RJ Sales & Service $239.25; Roll-On Tire Center $60.00; Sanitation Products $7,717.25; Sayler Implement $2,047.34; Sayler Implement $223.11; South Central Regional Water $5,851.20; USPS $205.80; Verizon Wireless $95.91; Wangler Tree Service $425.00; Waste Management $1,393.05; Waste Management $1,309.80; Waste Management $1,677.97; W.T. Butcher & Associates $275.00; and to approve payments for the sewer project to Interstate Engineering $17,456.35 and KPH, Inc $180,636.97 contingent on concurrence by USDA. Unanimous aye vote. Motion carried.

Discussion was held on updating the personnel policies. A motion was made by Shelly Hauge and seconded by Dan Imdieke to have City Staff update the personnel policies and present it to the council for review. Unanimous aye vote; motion carried.

Discussion on held on workgroups to update the City Ordinances. A motion was made by Randy Meidinger and seconded by Shelly Hauge to table the discussion until next month’s meeting and to provide each council member with a hard copy of the Model Ordinances and the City Ordinances. Unanimous aye vote; motion carried.

Clarence Herz appeared before the Council to request that either Linda Kelsch or Shelly Hauge be removed as a council representative from the LIDC Board of Directors. He said both are from his Ward and he feels he has no representation on the council because both Hauge & Schumacher-Kelsch have to recuse themselves when voting on LIDC matters brought to the council. Mayor Walker read an opinion from Attorney Joe Hanson who could not be at the meeting which said LIDC Council Representatives do not need to recuse themselves when voting on LIDC matters. After discussion, a motion was made by Shelly Hauge to nominate Dennis Morris to replace her on the LIDC Board as a city council representative, seconded by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried. Mr. Herz said he was no longer requesting the City investigate the LIDC as he will send a letter to the Attorney General.

Paul Eckdahl appeared before the council to discuss a notice he had received for Violation of Ordinance 02-11-1 regarding junk, junk vehicles, and trash or rubbish located at 216 1st St. SE and 218 1st St. SE. He indicated the property had been brought into compliance with the exception of a vehicle that he intends to repair. After discussion, a motion was made by Dennis Morris and seconded by Dan Imdieke that the pickup must be tarped now and be repaired or removed from the property by September 1, 2019. Unanimous aye vote; motion carried.

Marlene Oster appeared before the council requesting an extension to remove an inoperable vehicle located at 112 5th St. NW which is in violation of Ordinance 02-11-1 regarding junk, junk vehicles, and trash or rubbish. After discussion, a motion was made by John Ptacek and seconded by Randy Meidinger for the inoperable vehicle to be fixed or removed from the property by April 15, 2019. Unanimous aye vote; motion carried.

A motion was made by Dennis Morris and seconded by Dan Imdieke to approve a Resolution Authorizing Issuance of Sewer Revenue Bond, Series 2019 contingent on the City Attorney’s approval. Unanimous aye vote; motion carried. This resolution will authorize the issuance of the bonds for the permanent financing of the sewer project. This money will be used to pay off the interim financing for the project construction.

A motion was made Randy Meidinger and seconded by Shelly Hauge to approve a Mutual Aid Agreement Between Emmons County and the City of Linton contingent on the City Attorney’s approval. Unanimous aye vote; motion carried.

Discussion was held on the four properties forfeited to Emmons County for delinquent taxes. A motion was made by Randy Meidinger and seconded by Dennis Morris for the City to buy all forfeited properties within Linton City for $1.00 each. Voting Aye: Randy Meidinger, Jon Ptacek, Dennis Morris. Voting Nay: Shelly Hauge, Dan Imdieke, Linda Schumacher-Kelsch, Mayor Derick Walker. Motion failed 3-4.

A motion was made by Jon Ptacek and seconded by Linda Schumacher-Kelsch to purchase forfeited property for delinquent tax, Lot 3, Block 5, Seeman’s 2nd Addition, Linton City for $1.00. Voting aye: Jon Ptacek, Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Voting nay: Shelly Hauge. motion carried 5-1.

Mayor Walker informed the council that a meeting had been held with representatives from FEMA and the State Water Commission regarding floodplain violations within the City’s jurisdiction. The City will need to take action to ensure the violations are corrected or there could be consequences to the City and its citizens regarding the ability to obtain flood insurance and disaster assistance. Discussion was held on the notice to be sent to property owners, timeframe allowed for compliance and other issues. After discussion it was determined that Attorney Hanson will need to be consulted regarding the violations and the notice of violation to be sent. A motion was made by Dan Imdieke and seconded by Jon Ptacek to table the matter to the next council meeting allowing time for Attorney Hanson to further review the matter. Unanimous aye vote; motion carried.

Mayor Walker discussed the results of the Section 22 Study. The city has requested that representatives from the State Water Commission and the Army Corps of Engineers present the results of the study to the citizens at a town hall meeting. A meeting is tentatively being planned for March.

A motion was made by Shelly Hauge and seconded by Dan Imdieke to purchase a smart phone and laptop to be used by the Director of Public Works. Unanimous aye vote; motion carried.

Discussion was held on the payment of bills which arrive after the council meeting. A motion was made by Jon Ptacek, seconded by Linda Schumacher-Kelsch to allow payment of community center deposit refunds and customary monthly bills received after the council meeting. Unanimous aye vote, motion carried.

Other discussion involved the sewer project, tax incentives for new businesses, preauthorized spending limits, employee potential retirement and annexation of property utilizing city services and monthly LIDC updates.

The next regular meeting will be held on Monday, February 4, 2019 at 5:00 pm.

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

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