The meeting was called to order by Mayor Derrick Walker on Tuesday, September 4, 2018 at 5:00 pm. Upon roll call, the following council members were present: Jon Ptacek, Shelly Hauge, Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Also present: Attorney Joe Hanson, City Foreman Bob Job, City Administrator Sharon Jangula, City Deputy Auditor Joy Bosch, Sheriff Gary Sanders.
Visitors: Trish Bauman, Mr. & Mrs. Rich Cook, Joyce Dendinger, Ray & Loretta Feist, Rory Humann, Sarah Ohlhauser, Kevin Oien, Daryl Rohrick, Emma Sorrels, Melissa Wolf-Tveito,.
Kevin Oien informed the council of his intent to move a pole building to his property which is within the half mile jurisdiction of the City.
Joyce Dendinger addressed the Council to express concerns about regulating the use of heavy vehicles and equipment on city streets and the burden ordinance enforcement may put on the Sheriff’s department.
Ray Feist addressed the Council regarding charges he has been billed for a vacant lot he owns. Mr. Feist told the council he had been in City Hall the prior week questioning the bill on the lot. Administrator Jangula had looked into the matter and told Mr. Feist the service line to the lot had been disconnected during the watermain project in 2015 and he would be receiving a refund for charges paid since that time. Mr. Feist wanted to know if the City had records showing he was being billed for the water line when he bought the property 18 years ago. He was informed the City does not keep utility billing records for that many years.
Mr. Feist also informed the council he had received notice to remove a dead tree which he felt was in the highway right-of-way and would not be his responsibility to remove. Attorney Hanson said he would look into the matter to determine whose responsibility it would be to remove the tree.
Trish Bauman and Emma Sorrels, Linton Chamber of Commerce, discussed “Welcome to Linton” banners which would be placed on various street light poles along Broadway (Main Street), Sampson & Hickory Avenues and Highway 83. The Chamber will purchase the banners, but would like the City to be responsible for putting up and taking down the banners as needed. A motion was made by Linda Schumacher-Kelsch and seconded by Jon Ptacek, to approve using the city street light poles for the banners and allow city staff to put up and take down the banners as needed. Unanimous aye vote, motion carried.
A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve the July 17, 2018 Special Meeting Minutes with a change stating that the Council requested no changes to the 2019 Preliminary Budget and to approve the August 6, 2018 Meeting Minutes. Unanimous aye vote; motion carried.
The council was informed that no bids to purchase parcel 52-19-79 had been received.
Discussion was held on selling city-owned residential property. After discussion a motion was made by Dan Imdieke and seconded by Shelly Hauge to approve selling lots outside the designated flood area 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; and to sell lots located in the floodplain for the cost of special assessments already paid with the buyer assuming any remaining special assessments and all costs incurred to sell the property; and to sell lots located in the floodway for $1.00 with the buyer assuming any remaining special assessments and all costs incurred to sell the property; all lots will be sold on an as is basis. Unanimous aye vote; motion carried. The special assessments referenced are for the 2015 street improvement project.
A motion was made by Linda Schumacher-Kelsch and seconded by Dennis Morris to approve the applications for Local Permits: #18-11 American Legion- raffle 10/1/18 – 10/31/18 and #18-12 American Legion raffle 11/1/18 – 11/30/18. Unanimous aye vote; motion carried.
A motion was made by Linda Schumacher-Kelsch and seconded by Jon Ptacek to approve building #18-48 Jeremy & Tiffany Kunz – build house addition with garage contingent that it meets the requirements of the floodplain ordinance. Unanimous aye vote; motion carried.
A motion was made by Shelly Hauge and seconded by Linda Schumacher-Kelsch to approve building permit #18-49 Tony & Rose Holzer – remodel bathroom. Unanimous aye vote; motion carried.
A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve building permit #18-50 David Flegel – install wing fence and gates. Unanimous aye vote; motion carried.
A motion was made by Randy Meidinger and seconded by Dan Imdieke to approve building permit #18-51 United Methodist Parsonage – remodel kitchen. Unanimous aye vote; motion carried.
A motion was made by Shelly Hauge and seconded by Randy Meidinger to approve building permit #18-52 First Baptist Church –remodel kitchen. Unanimous aye vote; motion carried.
A motion was made by Dan Imdieke and seconded by Shelly Hauge to approve building permit #18-53 Jamel Wald –install wood fence contingent that the south side boundary will be 2.5 feet away from the property line. Voting aye: Shelly Hauge, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Voting nay: Jon Ptacek, Randy Meidinger. Motion carried 4-2.
A motion was made by Shelly Hauge and seconded by Randy Meidinger to approve building permit #18-54 Scherr’s Meats, LLP – replace 2 doors. Unanimous aye vote; motion carried.
A motion was made by Randy Meidinger and seconded by Linda Schumacher-Kelsch to table building permit #18-55 Brent & Sarah Ohlhauser – install wood fence until after the second reading of Ordinance 18-08-01 (Regulations for Fences). Voting aye: J. Ptacek, Randy Meidinger, Dan Imdieke, Dennis Morris, Linda Schumacher-Kelsch. Shelly Hauge abstained from voting. Motion carried 5-0-1.
A motion was made by Jon Ptacek and seconded by Randy Meidinger to approve building permit #18-56 Brian Bosch – replace cement pad. Unanimous aye vote; motion carried.
A motion was made by Linda Schumacher-Kelsch and seconded by Dan Imdieke to approve, contingent on meeting all setback requirements, building permit #18-57 Wendy Wangler – move in detached garage. Unanimous aye vote; motion carried.
A motion was made by Shelly Hauge and seconded by Randy Meidinger to approve building permit #18-58 Kevin Oien – move in pole building. Unanimous aye vote; motion carried.
A motion was made by Jon Ptacek and seconded by Shelly Hauge to approve building permit #18-59 Ron Dietz –cement driveway. Unanimous aye vote; motion carried.
A motion was made by Shelly Hauge and seconded by Linda Schumacher-Kelsch to approve building permit #18-60 Donna Tveito – re-deck porch. Unanimous aye vote; motion carried.
A motion was made by Jon Ptacek and seconded by Randy Meidinger to approve building permit #18-61 Dan Carr– replace driveway and sidewalk. Unanimous aye vote; motion carried.
A motion was made by Dan Imdieke and seconded by Shelly Hauge to approve the second reading of Ordinance 18-08-01, Creating Regulations for Fences and Providing Penalties for the Violation Thereof. Unanimous aye vote; motion carried.
A motion was made by Linda Schumacher-Kelsch and seconded by Dan Imdieke to reconsider building permit #18-53. Unanimous aye vote; motion carried.
A motion was made by Jon Ptacek, and seconded by Linda Schumacher-Kelsch to approve building permit #18-53 Brent & Sarah Ohlhauser – install wood fence, and building permit #18-55 Jamel Wald – contingent on meeting the requirements of Fence Ordinance 18-08-01. Unanimous aye vote; motion carried. A signed consent form will need to be signed, notarized, and returned to City Hall prior to placing a fence on the property line.
A motion was made by Jon Ptacek and seconded by Shelly Hauge to approve the second reading of Ordinance 18-08-02, Regulating the Use of Heavy Vehicles and Equipment and Providing Penalties for the Violation Thereof. Voting aye: Jon Ptacek, Shelly Hauge, Dan Imdieke, Linda Schumacher-Kelsch. Voting nay: Randy Meidinger, Dennis Morris. Motion carried 4-2.
A motion was made by Shelly Hauge and seconded by Dan Imdieke to approve the second reading of Amended Ordinance 79-3 Pertaining to Water and Sewer Lines. Unanimous aye vote; motion carried.
A motion was made by Randy Meidinger and seconded by Dan Imdieke to approve the first reading of Ordinance 18-09-01, Regulations for the Planting, Maintenance and Removal of Trees and Shrubs. Voting aye: Jon Ptacek, Shelly Hauge, Randy Meidinger, Dan Imdieke, Linda Schumacher-Kelsch. Motion carried 5-1. Dennis Morris had stepped out of the meeting during this time.
A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve August 2018 Monthly Financial Report. Unanimous aye vote; motion carried.
A motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to approve the following payments. Unanimous aye vote; motion carried. Bernhard Johs $52.65; BCBS $487.10; Cardmember Service $178.42; Clarence Herz $120.00; Emmons County Record $520.65; Emmons County Sheriffs Dept $4,797.24; Fireside Office Solutions $239.38; IRS $5,102.26; Jacks Electric & Trenching $98.91; Joseph Hanson $1,817.50; KEM Electric $101.79; K & H Electric $100.00; Linton Airport Authority $25.00; Linton Plumbing $94.65; Magrum Excavating $1,500.00; MDU $3,245.83; Ray Feist $1,161.00; Nadine Held $150.00; ND DOH-Microbiology Div. $32.00; ND Dept. of Transportation $20,913.08; ND Department of Transportation $12,571.68; ND PERS $2,605.32; ND PERS $5,318.22; Payroll $17,464.24; Nodak True Value $28.96; Riteway Business Forms $171.59; Swanson Equipment Corp $47,500.00; South Central Regional Water $15,264.00; USDA Rural Development $30,231.48; USPS $206.15; Verizon Wireless $95.58; Waste Management $1,606.41.
Jon Ptacek asked the council to consider replacing the street light fixtures along Broadway St. and Hickory and Sampson Avenues to Highway 83 with LED fixtures utilizing money in the Street Light fund. The City had received a quote to replace the fixtures from Jack’s Electric and Trenching earlier this year, but took no action at that time. The cost to replace 23 fixtures would be approximately $8,500. After discussion, a motion was made by Dan Imdieke and seconded by Linda Schumacher-Kelsch to replace the fixtures contingent on the quote meeting municipal bid requirements. Unanimous aye vote; motion carried.
Shelly Hauge informed the Council that the LIDC requested the City continue maintaining the LIDC lots in exchange for use of the lots as needed for storage of snow, sand, millings and other items as has been done in the past. Discussion was held that a document should be in place to formalize an agreement.
The next regular meeting will be held on Monday, October 1, 2018 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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