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APPROVED FEBRUARY 3, 2020 CITY COUNCIL REGULAR MEETING MINUTES

The meeting was called to order by Mayor Daniel Imdieke on Monday, February 3, 2020 at 5:00 pm. Upon roll call, the following council members were present: Shelly Hauge, Randall Meidinger, Wayne Ehley, Dennis Morris, Linda Schumacher-Kelsch. Absent: Jon Ptacek. Also present: City Administrator Sharon Jangula, Director of Public Works Lee Prince, Deputy Auditor Joy Bosch.

The Pledge of Allegiance was recited.

A motion to approve the January 6, 2020 Meeting Minutes was made by Wayne Ehley, second by Shelly Hauge. Unanimous aye vote; motion carried.

Sheriff Gary Sanders presented the 2019 Emmons County Sheriff’s Office Annual Report. Discussion was then held on the Emmons County-City of Linton Full-time Law Enforcement Services Agreement. The agreement will be in effect from January 1, 2020 through December 31, 2024. The City will pay the County $40,000.00 annually for 24/7 Law Enforcement. A motion to approve the agreement was made by Wayne Ehley, second by Linda Schumacher-Kelsch. Unanimous aye vote; motion carried. The annual cost of the agreement is $7,566.82 less than the 2019 agreement.

At this time, Council Member Jon Ptacek arrived at the meeting.

Thomas Vetter, Linton Grain & Seed, addressed the council requesting approval to build three grain bins and a conveyor and grain dryer on property he recently purchased from Larson Grain Company. Mr. Vetter explained that he has sold some of the old buildings and bins and has demolished an older portion of the existing elevator. He is in the process of demolishing the old office space and plans to re-tin existing buildings and build a new office.

JoAnn Humann, representative for Moving Beyond the Page, addressed the council expressing concerns about the noise and mess of a grain-drying system. Moving Beyond the Page is a business located across the street from the elevator. She said “bees-wings” which are a result of the drying and handling process of corn can settle on surrounding buildings and cars, and can plug up and damage air-conditioning systems.

Mr. Vetter said the majority of the grain handling will be done through an internal system which should cut-down on the dust and chaff. He also said that he will not be handling the volume of grain that other larger commercial elevators handle

After further discussion, a motion to approve Building Permit 20-06 Linton Grain & Seed, LLP – re-tin existing buildings, build three grain bins, build grain dryer, install conveyor, add gravel and asphalt was made by Randall Meidinger, second by Linda Schumacher-Kelsch. Voting aye: Jon Ptacek, Shelly Hauge, Randall Meidinger, Dennis Morris, Linda Schumacher-Kelsch. Voting nay: Wayne Ehley. Motion carried 5-1. Council Member Ehley wanted more time to research the volume decibels of the dryer system.

A motion to approve building permits: 20-04 Linton Assembly of God Church–remodel church office, repair church basement; 20-05 James Zahn–repair bathrooms, replace carpets & floor tiles; 20-07 Linton United Methodist Church–put steeple on church contingent on approval from medical helicopter service; 20-08 Linton Grain & Seed LLP–demolition of old elevator and office was made by Randall Meidinger, second by Jon Ptacek. Unanimous aye vote; motion carried.

Bev Voller, Executive Officer Emmons County Public Health, and Robert Black, CEO Linton Hospital, each addressed the council in support of Ordinance 20-1-1. The ordinance prohibits the sale of flavored tobacco and e-liquid, but does not include cigarettes, cigars and chewing tobacco.

At this time, City Attorney Joseph Hanson arrived at the meeting.

After discussion, a motion to approve the Second Reading of Ordinance 20-1-1, Creating Regulations for the Sale of Flavored Tobacco and E-Liquid and Providing Penalties for the Violation Thereof was made by Linda Schumacher-Kelsch, second by Shelly Hauge. Voting aye: Shelly Hauge, Dennis Morris, Linda Schumacher-Kelsch, Daniel Imdieke. Voting nay: Jon Ptacek, Randall Meidinger, Wayne Ehley. Motion carried 4-3. Mayor Imdieke voted to break the tie.

Sarah Ohlhauser, Emmons County Tax Equalization Director, addressed the council regarding the two applications submitted for abatement or refund of taxes. She said the mobile home located on Lot #124 in Sunrise Mobile Home Park is no longer hooked up to utilities and therefore non-taxable under NDCC. A motion to approve the Application for Abatement or Refund of Taxes for HSGSCS LLC, Parcel 52-8004-5, Lot 124 was made by Linda Schumacher-Kelsch, second by Shelly Hauge. Unanimous aye vote; motion carried.

Discussion was held on the abatement request from Mercedes Goetz for the commercial property she owns on Main Street (Broadway). Ms. Ohlhauser explained that she has recently inspected the property and will be recommending the value of the building be reduced by $3,700 for the year 2020. (During discussion it was mentioned the basement of the building has some water damage.) Based on that inspection and recommendation, Mrs. Goetz is requesting the same valuation be used for the year 2019. During discussion it was pointed out that Mrs. Goetz could have requested a reduction in value during the tax equalization meeting last April and the building would have been inspected at that time; now there is no way of knowing what the condition of the building was and if there was water damage to the basement when the values were set for 2019. A motion to deny Application for Abatement or Refund of Taxes for Mercedes Goetz, Parcel 52-0006-00277-000 was made by Randall Meidinger, second by Wayne Ehley. Voting aye: Jon Ptacek, Randall Meidinger, Wayne Ehley, Linda Schumacher-Kelsch. Voting nay: Shelly Hauge, Dennis Morris. Motion carried 4-2.

A motion to designate BNC National Bank and Security State Bank as the depositories of city funds was made by Dennis Morris, second by Wayne Ehley. Unanimous aye vote; motion carried. The Pledge of Securities were reviewed and deemed adequate.

A motion to authorize Mayor Daniel Imdieke, Council President Dennis Morris and City Administrator Sharon Jangula to sign for funds for the City and require two signatures for drafts or other withdrawal orders issued at BNC National Bank and Security State Bank was made by Randall Meidinger, second by Jon Ptacek. Unanimous aye vote; motion carried.

The 2019 Budget to Actual was reviewed. A motion was made by Linda Schumacher-Kelsch, second by Dennis Morris to approve the 2019 Budget to Actual and the 2019 Budget Amendments. Unanimous aye vote. The budget amendments included an increase to expenditures in the following funds: General $676.39; Highway $9,971.34; Emergency $282.87; City Sales Tax $57,609.11;
JDA $311.29; 14-1 Street Project $650.00; 2018 Sewer Project $2,641,069.17; Sewer $31,235.09; Garbage $12,726.23; Street Light Maintenance $60,628.39, Asset Replacement $367.43 and a decrease in expenditures in the following funds: Cemetery $1,918.85; City Lodging Tax $45,000.00; City Special Assessment Debt $330.65; 13-1 Water System Debt $1.28; 02-1 Water/Sewer Project $0.50; Water $30,938.98.

A motion to approve the Financial Statement of Accounts by Funds from January 1, 2019 through December 31, 2019 was made by Randall Meidinger, second by Wayne Ehley. Unanimous aye vote; motion carried.

A motion to approve the January 2020 Monthly Financial Report was made by Wayne Ehley, second by Shelly Hauge. Unanimous aye vote; motion carried.

A motion to approve the following payments: Ameritas $472.83; BND $1,845.00; BND $2,250.00; BCBS $7,330.90; Cash $22.71; ECOLAB $187.65; Emmons County $1,992.00; Emmons County Record $246.75; EC Sheriffs Dept $3,333.33; Ferguson Waterworks $41.13; Fireside Office Solutions $137.11; IRS $5,816.88; Joseph Hanson $1,137.50; Humann Heating & AC $240.00; Interstate Engineering $1,500.00; KEM Electric $265.48; Martin Oil $1,429.26; MDU $3,577.47; MDU $30.74; MDU $2,034.35; ND Dept of Health-Chemistry Division $145.65; ND Health Lab-Microbiology $32.00; ND One Call $5.00; ND League of Cities $120.00; NODAK True Value $267.17; Northern Veterinary Service $400.00; NDPERS $2,676.56; Patriot Fuels $126.66; Payroll $18,355.04; Sayler Implement $104.08; South Central Regional Water $5,894.70; Swanston Equipment $786.11; USPS $201.95; Verizon Wireless $75.09; Waste Management $1,270.32; Waste Management $1,722.15; Workforce Safety & Insurance $4,794.20 was made by Shelly Hauge, seconded by Linda Schumacher-Kelsch. Unanimous aye vote. Motion carried.

The council reviewed the LIDC Balance Sheet ending 12/30/19 and December 11, 2019 meeting minutes.

Mayor Daniel Imdieke informed the council that two candidates were interviewed for the full-time public works position including Brian Flyberg, a part-time city public works employee. Mayor Imdieke said the recommendation of the interviewing committee is to offer the position to Brian Flyberg and eliminate the part-time position he currently holds. After discussion, a motion was made by Randall Meidinger, second by Jon Ptacek to offer the full-time position to Brian Flyberg. Unanimous aye vote. Motion carried.

Discussion was held on updating the city ordinances. A group consisting of the City Attorney, the Mayor, two Council Members and the City Administrator will meet every two weeks to work on the updates. The first meeting is tentatively scheduled for February 18th at 1:00 pm.

The next regular meeting will be held on Monday, March 2, 2020 at 5:00 pm.

The Tax Equalization Meeting will be held on Tuesday, April 7, 2020 at 5:30 pm.

A motion to adjourn was made by Randall Meidinger, second by Shelly Hauge. Meeting adjourned.

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