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APPROVED APRIL 1, 2019 LINTON CITY COUNCIL REGULAR MEETING MINUTES

The meeting was called to order by Mayor Derrick Walker on Monday, April 1, 2019 at 5:02 pm. Invocation was led by Pastor Marlin Sapp followed by the Pledge of Allegiance. Upon roll call, the following council members were present: Jon Ptacek, Shelly Hauge (via telephone), Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Also present: City Attorney Joseph Hanson, City Administrator Sharon Jangula, Director of Public Works Lee Prince.

Scheduled Visitors: Francis Lawler, Crystal Jahner, Marlena Kelsch, Michael Schumacher

Mayor Walker opened the floor for public comment. Don Bender addressed the council questioning the change which was made to the City’s Water and Sewer Ordinance in September of 2018. Mr. Bender was informed that the only change made to the ordinance was to add wording which would allow the City to turn off the water or make repairs to service lines to maintain the integrity of the City’s water or sewer system. He was also informed the property owner has been responsible for the maintenance of water and sewer lines from the City’s main to the home since the ordinance went into effect in 1979.

A motion to approve the March 4, 2019 Meeting Minutes was made by Dan Imdieke, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried.

Discussion was held on a request from Francis Lawler to purchase Lots 7-8-9, Block 4, Original Town. The matter had been tabled from the previous meeting to allow time to research documentation on the property. Mr. Lawler said an agreement had been made back in the 1960’s between his father and the City that the lots would remain outside of city limits in exchange for an easement for the lift station property. As of meeting time, the agreement had not been located.

Mr. Lawler said he has been taking care of the lots and he would plant a garden on the property. During discussion, it was noted that there are special assessments owing on the property. Mr. Lawler said he would not want to pay the specials, but the City would not have to spend time and money taking care of the property if he owned it. Discussion then centered on a lease in exchange for maintenance of the property.

Shelly Hauge left the meeting at this time.

Mary Senger, Emmons County Emergency Manager, was at the meeting and addressed the Council. She said the City should reconsider selling any property in the floodway and it would be in the best interest of the City to maintain control of the property since acquisition of other property might be considered as part of future flood mitigation.

After further discussion, a motion to offer a one-year lease with automatic annual renewal in exchange for maintenance of the property was made by Dan Imdieke, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried.

Michael Schumacher addressed the Council on the potential annexation of parcels 27-0000-03605-000 and 27-0000-3604-000. Mr. Schumacher said he was also speaking on behalf of John Horner who owned one of the parcels, but could not attend the meeting. Mr. Schumacher said many years ago an agreement was made between George Horner and the City. He said Horner deeded land to the City for development with the agreement that the properties now being considered for annexation were to remain out of city limits. Mr. Schumacher also stated that this matter had been discussed again in 1994 with the conclusion that the property would remain outside city limits.

After discussion, a motion to table the Resolutions for Annexation of Parcels 27-0000-03605-000, 27-0000-03604-000 and 27-0000-03602-010 to the next meeting was made by Dan Imdieke, second by Dennis Morris. Unanimous aye vote; motion carried.

Crystal Jahner, Linton Chamber of Commerce, updated the council on Dairy and Ag Days which will be be held on June 7, 2019. She requested that Broadway Street be blocked off from 9:00 am to 6:00 pm from Sampson Ave. to halfway between Maple and Walnut Avenues and Maple Ave from Broadway to the alley behind the post office. She also requested that Broadway Street be blocked off from 6:00 pm to 1:00 am for one block from Sampson Ave. to Hickory Ave. and a waiver be granted allowing consumption of alcoholic beverages on Broadway St. from Sampson Avenue to Walnut Ave. during the evening events. A motion to grant the requests was made by Jon Ptacek, second by Randy Meidinger. Unanimous aye vote, motion carried.

Marlena Kelsch addressed the council requesting a reduction in her water bill since she has been without water since early March when her water line froze. Ms. Kelsch said she hired a plumber to unthaw the line using a welder method, but he was unsuccessful. During discussion it was noted the City is aware of 13 residences that experienced frozen water lines. Some residents have been able to unthaw their lines and others are working with neighbors to obtain water while their line is frozen. The City had also purchased a steamer for residents to use in attempting to open their lines. However, the steamer is being returned as it was determined the steamer may not be effective since professionals with similar or better equipment had not been able to get some lines open. Other communities are experiencing the same problem and discussion was held on how they are dealing with the situation.

Discussion was held on a reduction in the Kelsch billing. It was determined that there was water usage, and the service is available along with the other services included in the bill. After further discussion, a motion to deny the request for a reduction in the water bill and to have the City Council obtain information from other cities on how they deal with opening the lines was made by Dan Imdieke, second by Jon Ptacek. Unanimous aye vote; motion carried.

A motion to approve Gaming Site Authorizations for the Linton Lions Club at the Country Climate, the Happy Hour Bar and the Grill was made by Dennis Morris, second by Randy Meidinger. Unanimous aye vote; motion carried.

A motion to approve Gaming Permits #19-09 to the Linton Fire Department for a raffle on April 30, 2019 and #19-10 to the Linton Youth Baseball for a raffle on June 7, 2019 was made by Linda Schumacher-Kelsch, second by Randy Meidinger. Unanimous aye vote; motion carried.

A motion was to approve to approve building permits #19-10 Lance & Lacey Jangula–replace windows; #19-11 Marvin Heyne–install walk-in shower; #19-12 Don Wilhelm–concrete driveway was made by Randy Meidinger, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried

A motion to reconsider building permit #19-09 to Jason & Heather Rossow-build garage and to approve the permit granting a variance to the required front yard setback, requiring a sidewalk on the south side of the property and granting a variance to the sidewalk requirement on the east side of the property was made by Dan Imdieke, second by Linda Schumacher-Kelsch. Voting aye-Meidinger, Imdieke, Morris, Schumacher-Kelsch; voting nay-Ptacek. Motion carried 4-1.

A motion to approve the Resolution Authorizing Issuance of Sewer Revenue Bonds, Series 2019 was made by Randy Meidinger, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried.

Discussion was held on a letter received from FEMA dated March 8, 2019 and the response that Joseph Hanson provided to the letter. Discussion was held on a floodway encroachment analysis which needs to be done. Mary Senger addressed the council and suggested the State Water Commission be contacted for assistance in determining what will need to be done for the analysis. A motion to contact the State Water Commission on the encroachment analysis was made by Linda Schumacher-Kelsch, second by Dan Imdieke. Unanimous aye vote; motion carried.

A letter from the State Water Commission (SWC) dated March 13, 2019 was reviewed. The letter explained the engineering models being used in the remapping of the special flood hazard areas in Linton. The remapping could change the flood plain and floodway areas on the future Flood Insurance Rate Map (FIRM) for Linton. The community will have opportunities to comment and provide feedback during the remapping process and before the flood hazard information is finalized and becomes effective.

A motion to approve the March 2019 Monthly Financial Report was made by Dan Imdieke, second by Dennis Morris. Unanimous aye vote; motion carried.

The Council reviewed the March 2019 YTD Budget to Actual.

A motion to approve the following payments: Auto Value Parts Stores $208.08; BEK Communications $40.00; Blaine Lemer $20.00; Cardmember Service $889.90; Dakota Supply Group $384.20; Emmons County Record $356.19; EC Sheriffs Dept $3,963.91; EC Sheriffs Dept $3,963.91; Fireside Office Solutions $38.00; General Equipment & Supplies $1,752.60; Interstate All Battery Center $412.50; Interstate Engineering Inc $2,887.90; IRS $5,404.06; KEM Electric $286.39; K & H Electric $200.00; Linton Hardware Center $183.02; Martin Oil Company $1,839.00; MDU $3,726.05; Municipal Government Academy $170.00; ND Dept of Health–-Chemistry $94.16; ND Dept of Health – Microbiology $32.00; ND One Call $1.30; ND PERS $6,876.04; ND PERS $2,582.38; Payroll $18,149.76; Powerplan OIB $212.80; Riteway Business Forms $538.01; South Central Regional Water $6,112.75; USPS $205.80; USPS $205.80; USDA Rural Development $31,174.23; Verizon Wireless $123.58; Voices for Lake Oahe $25.00; Waste Management $1,119.43; Waste Management $775.73; Wells Fargo Corp Trust Serv $237,936.25 was made by Randy Meidinger, second by Dan Imdieke. Unanimous aye vote. Motion carried.

Sharon Jangula informed the council that the LIDC annual meeting will be held on April 25th with presentations by the Department of Commerce on a Renaissance Zone and the Opportunity Zone designation.

Jon Ptacek informed the council that a grant may be available from the USDA for a portion of the costs to update the street lights to LED bulbs. Updating the lights would save the city money in electrical costs on a monthly basis. After discussion, a motion to move forward with an application to USDA for the updating of the street lights to LED was made by Randy Meidinger, second by Dennis Morris. Unanimous aye vote, motion carried.

Emmons County Emergency Manager Mary Senger and Emmons County Sheriff Gary Sanders gave an update on the flood outlook for the area and flood preparedness action which has been taken.

A motion to declare a flood emergency for the City of Linton was made Jon Ptacek, second by Linda Schumacher-Kelsch. Unanimous aye vote, motion carried.

Mayor Walker read his letter of resignation effective immediately. He informed the council that he had obtained a cost estimate of $1,100 for Emmons County to administer a special election for the City.

Joe Hanson briefed the Council on requirements to hold a special election. He said based on notices which need to be published., filing deadlines and other requirements, mid-July would be the earliest a special election could be held. He also informed the Council that Dan Imdieke, Council President, will be acting Mayor until an election to fill the vacancy takes place.

After discussion, a motion to call a special election as soon as legally possible to fill the vacancy of the unexpired term of mayor and contract with Emmons County to administer the special election was made by Dennis Morris, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried.

Sharon Jangula informed the Council that the developer who is building a store for Dollar General just outside city limits is interested in annexing the property into the city and asked if the City will consider bringing water and sewer to the site. The request was just brought to the city that day and Jangula is waiting for estimates from the engineer. The council will consider the request when the estimate is received.

The Tax Equalization meeting will be held on Tuesday, April 2, 2019 at 5:30 pm.

The next regular meeting will be held on Monday, May 6, 2019 at 5:00 pm.

Dan Imdieke thanked Mayor Walker for his time served as Mayor.

Mayor Walker declared the meeting adjourned.

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