CITY OF TIOGA
City CommissionMeeting Minutes
January 22, 2015
A meeting of theCity Commissionof the City of Tioga was called to order at 7:00 p.m.on Thursday, January 22, 2015, at the Tioga City Hall, by Vice-President of the City Commission John Grubb.
PRESENT: President Drake McClelland, Vice-President John Grubb, City Commission Members, Todd Thompson, Ronda Davidson and Heather Weflen; City Auditor Tarie Bunner.
ABSENT:None
Guest:Todd Wilen, Judy Odegaard, Kalab Wolla, Shelly Gleave, Charles Romberg, Debbie Wees, Harlan Engberg, Brice Barton, Joe Arb, Jenni Dean, Kevin Walter, Kevin Killough, Stephanie Vagts, Tyrell Beasley, Bruce Kielvik, Joel Vagts, Mary Huseth, Nancy Torgerson, Heidi Holmen, Garrett Lalim, Steven Jensen, LaVerne Strid, Anton Strid, Valleri Beasley, Susan Weflen, Dale Weflen, Scott Sundhagen, Richard Carr, Steven Fretland, Dean Hanson, Ronica Pederson, Brenda Carr, JoDeen Weflen, Antonio Conti, Corine Redmond, Jodeen Bergstrom, Brenda Jorgenson, Heather Parks, Melissa Koch, Travis Wittman, Jenna Hove, Kevin Hove, Stevie Gates, Patrick McGarry, Kyle Ralston, Todd Beasley, Daniel McGinnity, Tim Sundhagen, Cody Weflen, Tanya Weflen, Jason G. Hove, Ben Reberg with Williams County.
Minutes:
City Auditor Tarie Bunner advised Chris Nogaard requested there be a correction in the January 5, 2015 minutes of the following; page 2 third paragraph down, fourth sentence; change “Norgaard said there would need to be an emergency route that would encompass a large circle.” To Norgaard said there would need to be an instrument approach that would encompass a large circle.
Motion made by Grubb to accept the changes on the January 05, 2015 minutes as stated, seconded by Weflen. Roll Call: Ayes: 5 Nays: 0 Motion carried.
Motion made by Grubb to accept the minutes for the January 15, 2015 Special Meeting as presented, seconded by Weflen. Roll call; Ayes: 5 Nays: 0 Motion carried
Commissioners Reports:
None
Public Input
Antonio Conti with AE2S requested the Commission approve a committee to review the RFQ’s for the Water Tower and Improvements, to report with recommendation on the February 02, 2015 meeting.
Motion made by Davidson to form a committee of John Grubb and Drake McClelland to review the Water tower RFQ’s and present recommendation to the Commission on February 02, 2015 at the regular City Commission meeting. Motion seconded by Weflen. Roll Call; Ayes 5; Nays 0. Motion Carried.
Old Business
Harlen Engberg with Ackerman-Estvold Engineering submitted Contractor’s Application for Payment for Heartland Grading prepared by his company in the amount of $678,365.99 which included liquidated damages for 2 months in the amount of $60,000.00, which is a deduction due to time of contract. Engberg advised the
Tioga City Commission Meeting Minutes
January 22, 2015
Page Two
contractor has completed roughly $2.9 million of the work and has roughly $1.8 million left to do. McClelland inquired as to retainage, Engberg advised the retainage has been taken out of the current payment and will be paid upon the City Commission approval of completed project.
Motion made by Grubb to pay Heartland Grading in the amount of $678,365.99 for services rendered. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried
Antonio Conti with AE2S advised there was a correction to the CIP plan presented by Ryan Graf with AE2S on January 21, 2015; it was supposed to be a Dog Pound not a Dog Park. Conti advised the final report will be available and presented on February 02, 2015 at the regular City Commission Meeting.
Williams County requested Tioga City Commission make a recommendation for or against the Lindahl Wind Project as the citizens and services of Tioga will be the most impacted by it. In preparation of this recommendation the Tioga City Commission invited Brice Barton, senior development manager for Trade Wind Energy, to make a brief presentation regarding the proposal for the Lindahl Township wind farm here in North Dakota. Brice Bartonbegan by making a brief introduction of his colleagues then proceeded with his presentation. He began by advising the project was not initiated by Trade Wind Energy it was landowner initiated. He advised it will include approximately 75 turbines in all if Trade Wind Energy gets approved for the turbines they want, if a different size is chosen however the number will adjust accordingly to size of turbine. He advised if approved construction will begin by mid-2016 and commercial operations will begin by December 2016. Barton continued his presentation and concluded by advising anyone who would like a copy of the presentation can email him and he will make it available. Upon conclusion of Barton’s presentation the City Commission opened the floor to comments and/or questions from the public. Several people voiced concerns and opinions both for and against the proposed wind farm. After hearing the public’s concerns and opinions, and reading through numerous emails from other citizens on thesubject McClelland suggested the City Commission table the issue for further review. Brice Barton requested he be given some time to conduct more informative public meetings on the project.
Motion made by Weflen to table the issue until the second meeting in February when the City Commission will make a decision on Williams County’s requested recommendation. Motion was seconded by Grubb. Roll Call: Ayes; 5 Nays; 0. Motion Carried.
Ben Johnson, City Attorney, requested the City Commission make a motion for him to draft a 100 year lease between City of Tioga and Pheasants Forever. Motion made by Grubb to allow Ben Johnson to draft a lease and continue communication with Pheasants Forever as to the terms of the lease. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried.
Todd Thompson made motion to table the Job Descriptions of Deputy City Auditor – Utility Billing Services and Deputy City Auditor – Accounting Services until February 02, 2015. Motion seconded by Davidson. Roll Call: Ayes; 5 Nays; 0. Motion Carried.
Davidson made a motion to approve Job Description of Dispatcher I. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried
Davidson made a motion to approve Job Description of School Resource Officer/Patrol Officer. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0. Motion carried.
Grubb made motion to approve Job Description of Airport Manager. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried
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January 22, 2015
Page Three
Davidson made motion to approve Job Description of Head Librarian. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion Carried
Weflen made a motion to table the Organizational Chart until the next regular meeting on February 02, 2015 to include Librarian, School Resource Officer, Airport Manager and the amendment of Deputy City Auditor – Accounting Services. Motion seconded by Davidson. Roll Call: Ayes; 5 Nays; 0. Motion carried.
McClelland began a discussion of the City credit card issues and procedures. He suggested getting cards that read City of Tioga – Police Department 1 and 2, City of Tioga – Street Department, City of Tioga – Water Department, and City of Tioga –City Hall. McClelland also suggested the cards be locked up in the City Auditor’s office and checked out to prevent missing receipts, with the City Auditor, Finance Commissioner and President of Commission having keys. Davidson and Weflen argued that if an emergent situation came up how difficult would it be to get a card checked out. Thompson made a motion to table the issue until the Finance group (Finance Commissioner and City Auditor) can come up with a policy by next regular meeting to put in the employee handbook as well as how to implement the new process. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0 motion carried.
Discussion of BNSF purchase of Vernon Nelson’s property for Railroad right of way, Ben Johnson advised he believes there is more to this issue than simply approving the purchase for the annexation, it is also a zoning change. He advised he will get with Planning and Zoning to discuss the proper legal procedures and how to proceed from here. Motion made by Weflen to table the issue until proper procedure can be carried out by Planning and Zoning along with Ben Johnson. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0 Motion carried.
New Business:
Discussion of the open seat of the Tioga Airport Board; due to the fact that applications are still able to be sent in until January 26, 2015 this issue needs tabled to the next meeting. Motion made by Davidson to table the issue until February 02, 2015. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0 Motion carried.
Community Services Director Rich Zahrajsek, member of the committee for architectural design services for City Hall recommended the City Commission approve Resolution 2015-03; See attachment
Zahrajsek also requested approval of forming a committee for the Design of City Hall comprised of Tarie Bunner, Jeff Spivey, and Ethel Papineau, with Rich Zahrajsek as liaison between committee and Architects. Motion made by Davidson to approve Resolution 2015-03 and to approve formation of committee comprised of Tarie Bunner, Jeff Spivey and Ethel Papineau with Rich Zahrajsek as liaison. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0 Motion carried.
Zahrajsek requested approval to begin the process for acquiring a Construction Management company to prevent delays in the project. Zahrajsek advised the difference of a Construction Manager versus a General Contractor is a Construction Management Company acts as a representative for the City with contractors to control the continued progress of the project whereas with a General Contractor the City would need to appoint a representative for the City to deal with and hire all subcontractors for the project. Motion made by Grubb to begin the process of finding and hiring a Construction Management Company for the New City Hall project. Motion seconded by Davidson. Roll Call: Ayes; 5 Nays; 0 Motion carried.
Tioga City Commission Meeting Minutes
January 22, 2015
Page Four
Resolution: #2015-03 Agenda Item: #10
Date: January 22, 2015
BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota:
After completing the search process for Architects, interviewing several and reviewing numerous design options, the committee has come to unanimous agreement on JLG Architects and their proposal for Tioga City Hall.
Now, therefore, based on the recommendation of the City of Tioga’s Interview Committee and Portfolio Commissioner, the City Commission hereby approves the appointment/hiring of JLG Architects and further approves respective proposal JLG Tioga City Hall and the terms rendered therein.
Moved by __ Second by to adopt.
CommissionAction: / Yes / No / Pass / Absent
Davidson
Grubb
McClelland
Thompson
Weflen
Motion Carried
______
Drake McClelland, President
CERTIFICATE
I, Tarie Bunner, City Auditor of said City hereby certify that at a meeting of the City Commission held on the above date, among other proceedings, the above was adopted.
IN WITNESS WHEREOF, I have hereunto set my hand the day and year above written.
______
Tarie Bunner, City Auditor
Tioga City Commission Meeting Minutes
January 22, 2015
Page Five
Discussion was made regarding the renewal of DOH Laboratory Services Division contract. Grubb made a motion to renew the contract of DOH Laboratory Services from January 01, 2015 to December 31, 2015. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried.
Discussion was held regarding the appointment of Judy Heilman, Julie Ramos-Lagos, and Jack Seibell to the Special Assessment Commission. Ben Johnson advised there needs to be a resolution to appoint each person, the first persons term will be until April 1, 2015 the second will end April 01, 2017 and the third will end April 01, 2019. Johnson advised once approved the City Commission can reappoint as necessary however due to the way the law states the appointments will need to end as stated above. Bunner inquired as to whether or not an Oath of Office should be done on each person, Johnson advised yes. Motion made by Grubb to create resolutions for each person as well as Oath of Office for each member. Motion seconded by Davidson. Roll Call: Ayes; 5 Nays; 0. Motion carried.
Building Permits:
Dakota land Lodging: 3 permits for additional trailers. Motion made by Grubb to approve building permits for Dakota land Lodging. Motion Seconded by Thompson. Roll Call: Ayes; 5 Nays; 0. Motion Carried
Alliance Pipeline: Permit for a Pole Barn. Motion made by Thompson to approve building permit for Alliance Pipeline for a pole barn. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0. Motion Carried
Discussion was made regarding the recommendation of the Planning and Zoning committee to extend the conditional use permit for 42 Grill. Ben Johnson advised it was his recommendation to extend until October 01, 2015. Rich Zahrajsek with the Planning and Zoning commission made a list for the City Commission as to what he would be looking for upon review in October, to which Bergstrom requested a copy of this list and questioned why Zahrajsek could have made the list without coming into her establishment. Zahrajsek advised it was simply a list of items he would check for to meet building codes. McClelland questioned Jodeen Bergstrom as to her Health Department Inspection dated October 28, 2014 and inquired as to whether or not Bergstrom has had any further inspections from the Health Department. Bergstrom advised she has not, however she has been in contact with them. Bergstrom advised the Commission that she was originally approved by Williams County to operate as is. Ben Johnson advised that the structure has had additions to it and it simply does not meet codes, which in turn, means the structure is not safe. Johnson again advised the City Commission that it would be his recommendation to extend the conditional permit to allow Bergstrom the opportunity to acquire additional space and begin taking steps to place a permanent building that meets building codes, as Bergstrom assured the City Commission that she has a quit claim deed for property and plans to build a permanent building. Motion was made by Weflen to extend the conditional use permit for the 42 Grill until October 01, 2015. Motion seconded by Thompson. Roll Call: Ayes; Thompson, Grubb, Davidson, Weflen Nays; McClelland. Motion carried.
A review of Resolution 2015-02 – A resolution to approve the appointment/hire of Abby Z. Salinas as the Tioga Deputy City Auditor – Accounting Services was made.
Motion made by Davidson to approve resolution2015-02. Motion seconded by Grubb. Roll Call: Ayes; 5 Nays; 0 Motion carried.
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January 22, 2015
Page Six
Resolution: #2015-02 Agenda Item: #14
Date: January 22, 2015
BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota:
After completing the Deputy City Auditor – Accounting Services search process, the review of several applications, interviewing three applicants and upon further consideration by the City of Tioga’s Interview Committee, it is the recommendation of said committee and the Portfolio City Commissioner that the City of Tioga appoint/hire Abby Z. Salinas as the City of Tioga’s Deputy City Auditor – Accounting Services and approve the Conditions of Employment, as presented.
Now, therefore, based on the recommendation of the City of Tioga’s Interview Committee and Portfolio Commissioner, the City Commission hereby approves the appointment/hiring of Abby Z. Salinas as Deputy City Auditor – Accounting Services and approves the Conditions of Employment as presented and attached to this resolution.
Moved by __ Second by to adopt.
CommissionAction: / Yes / No / Pass / Absent
Davidson
Grubb
McClelland
Thompson
Weflen
Motion Carried
______
Drake McClelland, President
CERTIFICATE
I, Tarie Bunner, City Auditor of said City hereby certify that at a meeting of the City Commission held on the above date, among other proceedings, the above was adopted.
IN WITNESS WHEREOF, I have hereunto set my hand the day and year above written.
______
Tarie Bunner, City Auditor
Tioga City Commission Meeting Minutes
January 22, 2015
Page Seven
All American requested City of Tioga renew their order from last year of T-shirt advertisement for the Tioga High School. Motion made by Davidson to place a 6” advertisement on the T-Shirts for $269.00. Motion seconded by Weflen. Roll Call: Ayes; 5 Nays; 0. Motion carried.
Discussion was made regarding Capital Lodge and a letter of recommendation from Tioga City Commission in favor of their proposed zoning change. Capital Lodge is requesting Williams County approve a zoning change to allow them to remain on site and downsize to become a permanent facility. Currently the property is zoned as industrial. Kyle Ralston with City of Tioga Police Department, Dan McGinnity with the Tioga Ambulance services, and Tim Sundhagen with the Tioga Rural Fire Department voiced concerns as to previous issues emergency services have had at Capital Lodge. However they did advise that the calls have gone down in the past year. Patrick McGarry advised that the number of occupants has dropped drastically and they have full time security. He also advised they meet all building codes and have been inspected by Tioga’s building inspector. Capital Lodge is in negotiations with Choice Hotels to become a permanent structure. Question was asked as to what will happen with the security if the zoning is changed and the negotiations with Choice Hotel go through. Patrick McGarry advised the current security will not change. McGarry advised they will be removing the buildings on the right of the main building and changing the other buildings into a permanent extended stay hotel with a buffet style restaurant open to the public. McClelland advised he gave the letter of endorsement before he was made aware of the past strains on emergency services, and he was surprised upon his visit at how nice the facility was. Barry with Williams County advised initially Capital Lodge advised when the demand for a man camp was diminished they will break down the buildings and leave. McGinnity advised that it is a drain on emergency services and most are volunteers however they would remain neutral on the issue. After some further discussion amongst the Commission members and emergency service members the recommendation was to leave the letter as is. No motion was made, therefore no was action taken.