New Town City Council Meeting

Wednesday May 20, 2015

Community Room

6: PM

Members Present: Mayor Daniel Uran, Council Members, Jay Standish, Terry Mathson, Thomas Nash, Dean Niemitalo.

Others Present: William Woods, Eileen Zaun, Becki Lyson, Joe Dubel, Rick Gokey, Andrew Hamilton, Dawn Wilber, Roger Watson, Kyle Manning, Brian, Pederson, John Reese, Craig Wollenburg, Jason Olson, Wayne Destaul, Jammie Altenhofen, Mike Pike, Gary Begen, Peter Kalligher, Jerry Kram.

Motion by Niemitalo, second Nash to approve April 15th Minutes and Tax equalization minutes.

Motion by Nash, second Niemitalo to approve the financial reports.

Atco International $337.75, Ameripride $1,872.89, Aflac $1,457.88, Aire-master $857.71, Ackerman-Estvold Engineer $44,608.44, AE2S $73,726.49, BCBS $18,611.50, Business forms $467.58, Geri Bratvold $84.07, BHG, Inc.169.51, Rebecca Lyson $150.00, Christian Rodriguez $150.00, Colonial Research $8,091.29, Coca-Cola $105.60, MHA Elders $150.00, Demco $110.01, Dakota Quality Grain $20.45, Dakota Supply Group $217.72, Furuseth Law Firm $978.10,G&P Commercial Sales $149.95, Tyler Fauver $239.12, Graymont Western Canada $6,675.83, Gustafson Septic Service $162.50, Hatch Company $162.89, Hawkins Water Treatment $2,080.24, First District Health Unit $132.00, Gaffaney’s $31,051.36, Information Technology Dept. $196.15, Kennbecks $70.60, Larson Drug $45.98, Wilbert LaDue $50.00, Lakeside Insurance Agency $192.00, Mike and Martin Asphalt $217,500.00, Menards $596.47, Northern Directory Publishing $1,752.00, Napa $633.74, Overhead Door CO. $681.66, One Call Concepts $62.70, Peace Officers Standards $110.00, Praxair Distribution $30.81, RTC $1,034.21, Rensch Chev. $256.65, Sherwin Williams Co., $181.20, Medora Corporation $4,849.00, Sanitation Products $871.71, 3D-Specialties $429.68, Staples $1,302.43, Verizon $351.79, Cenex Fleet Card $301.94, Visa $1,108.24, Waste Management $6,389.69, San Diego Mirama College $1,199.55, Power Plan RDO $226.73, Minot Daily News $441.60, Ryan Chrysler Dodge Jeep $29,283.00, Mountrail County Sheriff $195.30, Petty Cash Municipal Court $145.14. Total Bills $471,128.25

First of month bills:

TAT DSCE $200.00, Tyler Fauver $200.00, William Woods $1,700.00, Kohler Communications $1,524.00, Cenex Fleet Card $281.34, Johnson Supply $7,500.00, Ryan Chrysler Ryan $29,283.00, MWEC $10,291.90, Waste Management $5,004.37, Verizon $440.59, Main Electric $10,863.44, Wilbert Ladue $40.00, Solo Tek Inc. $395.82, C & J Construction $31,800.00, MISDU $215.00, Danielle Good Luck $705.84, Eileen Zaun $96.90. Total $101,436.00

Motion By Mathson second Nash to approve Sandra Wurgler, amendment replat, Outlots 12 and 13 in the NE ¼ NE ¼ NE ¼ less Outlot 3 and Outlot 2- SE ¼ NE ¼ NE ¼ in section 18 Township 152 N, Range 92 W of the Fifth PM. This is for a mobile home park and residential homes. This is the 1st reading.

Motion by Niemitalo second Mathson to approve 2nd reading on the Liquor ordinance it states: (“there shall be seven (7) full retail licenses issued by the City of New Town. In Additional to these seven (7) licenses, there shall be additional allowed seasonal licenses (golf Course), as well as additional licenses for Hotels with (25) or more rooms).

This ordinance- emending and re-enacting chapter six, section 6.0304 (2) of the revised ordinances of the City of New Town, North Dakota relating to clarification of the number of licenses to be issued by the City of New Town.

There was much discussion on this matter as El Marie Conklin spoke up; the city should not have issued Jason’s Super Value a license, because there were not enough licenses. City Attorney Woods maintained that the issue was moot because the liquor store will no open until late this summer. After new licenses are issued in June and the amended ordinance will be in effect by then. Conklin also disputed that if the hotel was actually exempt in the City’s ordinance. Woods offered to show her the official ordinance book. Conklin became agitated and accused the Council of trying to cover up a mistake by passing this new ordinance. Conklin said there should have been more public notice and debate on the issue and a vote by the people. Woods pointed out that if a vote was needed every time the City changed an ordinance, we would have an election every week. Conklin stated that she may take the City to court over this issue. Woods replied that he looks forward to seeing her argument in this case.

MWEC FRANCHISE:

Motion by Mathson second Nash to approve the Electric Utility Franchise for 20 years dated today May 20, 2015. Franchise agreement on fill at Auditors office.

Voting Aye: Mathson, Standish, Nash, Niemitalo

Voting Nay: None

CIVIC CENTER REPORT:

Cleaning up around the city hall, doing some painting, auditor’s office got their new desks in. All seems to be going good there.

CITY COORDINATOR UPDATE:

Working with the construction company’s around town, there has been some water breaks. The construction company is not to blame for the water breaks as much of what they were finding underground didn’t match up well with the city’s maps. No one has been without water for long periods of time.

The city is in need of new mowers; the ones we do have now have been patched together from old mowers, and are just worn out. We will have to get some different movers.

Motion by Mathson second Nash approve Daryl to get some new mowers and not to exceed $5,000.00

Voting Aye: Mathson, Nash, Niemitalo, Standish

Voting Nay: None

Lyson talked about taking down the grandstands at the rodeo grounds, and area Oil Company has volunteered to put up money to tear down but will fix up whatever else need to be fixed, so they can still have a rodeo there. It is not insured at this time cause of the grandstands. The benches under the grandstand are in adequate shape as well as the concession building, will just need cleaning up and a little paint. Until this gets done, the grounds can not be used.

The clay from the 4th street South will be hauled to the pond behind the water plant; the clay will go for the lining of the ponds. Lyson asked the Council for permission to facilitate a swap between the two contractors. The Council was ok with this.

ENGINEER UPDATE:

Main Street Reconstruction 2015 sewer rehabilitation:

Main Street in under construction, weekly meeting at 1:30 every Tuesday at construction trailer. Public weekly meeting Wednesday at 9:30 at City Hall, installing valve so water doesn’t shut down the whole town, addition work was needed because of water service locations.

New Town Treatment Plant Expansion:

PGK contract.

Contact amount $11,990,000.00

Work completed to date- $489,229.06

Retainagae 10% -$48,922.91

Total amount due this estimate- $440,306.15

Amount previously paid- $265,410.00

Total amount due this estimate- $174,896.15

Motion by Mathson second Niemitalo to approve payment to PGK for payment #3 $174,896.15Payment # 4 $518.933.57

Voting Aye: Nash, Standish, Mathson, Niemitalo

Voting Nay: None

New Town East Sanitary Trunk Main Improvements:

Eagle Rock Timber, original contract amount- $3,485,559.79, change order amount $403,419.48,

Total contact amount-$3,888,979.63. Work has started.

New Town 4th Street South Street Improvements:

Eagle Rock Timber, contract amount-$299,520.83, contact signed, need to meet with MWEC for funding of construction.

New Town Eagle Drive Extension – New Town College DriveExtension:

Gratech Company LLC, contract amount $1,426.203.62, scheduling pre-construction meeting next week, tentative start date June 1st

New Town Lift Station:

Eagle Rock Timber, contract amount $195,073.00, getting started on construction.

ND 1804 Water Transmission Improvements:

Eagle Rock Timber, contract amount $317,863.53

New Town East Water Transmission Piping Improvements:

Design 30% complete, design connection loop from water reservoir to ND 23 water depot, will be a hold on this yet.

New Town 3rd Street North Road Improvements:

Design complete, college drive to east of Tracey’s Market, opinion of probably construction cost $1,590,120.50, ad for bid in next week’s paper, ad in 3 weeks, bid opening June 22, 2015 at 11:30 AM

Eagle Drive Parking Area:

Eagle Rock Timber, quote $99,856.16, started construction.

Jennifer O’Dell – Dog Bite- no show

Vance Gillette – No show

Golf Course:

Motion by Mathson second by Nash to pay for the culverts out at the Golf Course cost $3,500.00

Voting Aye: Nash, Standish, Mathson, Niemitalo

Voting Nay: None

United Prairie:

John Reese wants the City to help secure a permanent access road from the current reliever route intersection, will be out City Attorney to draft a letter to the administrator at the NDDOT supporting our project and access from the reliever route to the City street that is planned as part of the development.

Phase -1- United Prairie Cooperative potentially spending 20 million to construct a 65,000 square foot building to house a Ag hardware store, lumberyard and c-store/truck plaza. Stating mid July and to be open early 2016.

Phase -2- involves a 26,000 square foot building which will be section off to provide different sizes of rental space to allow room for other partners to join in on the future growth of New Town. The first two phases will utilize about ¼ of the total acres we own along 1804.

Phase-3- Will be an office complex for our offices and space for potential offices for rent.

Phase -4- will be the construction of the tire/truck shop facility.

Phase -5- relocating our bulk petroleum/LP gas storage plant.

Motion by Standish second Nash to approve a letter of support to the NDDOT for the access road from the current reliever route intersection. This new plat will have to go through planning & zoning and City Council.

Voting Aye: Mathson, Standish, Nash, Niemitalo

Voting Nay: None

Building Permits:

Motion by Nash second Standish to approve Richard Danks, new roof, deck and painting at 9060 40thst.

Voting Aye: Mathson, Nash, Standish, Niemitalo

Voting Nay: None

Motion by Nash second Niemitalo to approve Jack Smith new metal roof at 4050 89th Ave. NW.

Voting Aye: Niemitalo, Nash Mathson, Standish

Voting Nay: None

Motion by Standish second Nash to approve Elizabeth Morsette, steps, ramp north side of the house at 427 4th Street N.

Voting Aye: Mathson, Nash Standish, Niemitalo

Voting Nay: None

Motion by Niemitalo second by Standish to approve Kenny Lyson new metal roof and metal siding and new windows, at 439 Eagle Dr.

Voting Aye: Nash, Niemitalo, Mathson, Standish

Voting Nay: None

Motion by Niemitalo second Standish to approve Elizabeth Youngwolf, overhang for porch, at 104 4th ST.

Voting Aye: Standish, Nash Mathson, Niemitalo

Voting Nay: None

Motion by Mathson second Nash to approve transfer of permit from Hammers Construction to First Dakota Enterprises Inc.

Voting Aye: Mathson, Niemitalo, Nash, Standish

Voting Nay: None

Development Agreement Application:

City Attorney William Woods brought in a development agreement for the Council should look at. The city needs to start looking at some of these, planning developments, infrastructure obligation, building agreements, general purpose of intent, proposed developments. This is just information for them.

Outlot 2:

Bid opening will be on Thursday May 28, 2015 at 9:30 AM, there was a wrong date when bids were to be in. It was ok by the bidders that were there.

Water Bid:

Motion by Nash second Niemitalo to approve Becki to hire AE2S to get the water meters all up and in working order. AE2S has currently seem problems:

  • 92 bad readings (BR)
  • 23 parity errors and AMR/meter mismatches
  • 67 non-read errors
  • 31 MXU errors (including BR and N)
  • 2 potential MXU tampering alarms
  • 20 potential leaks to investigate
  • 20 high/low exemption that should be investigated
  • 54 route non-route exemption that should be investigated

AE2S will be working for at least 10 weeks to get these all fixed. This will be on an hourly rate plus reimbursables.

Voting Aye: Mathson, Standish, Nash, Niemitalo

Voting Nay: None

Police Report:

Johns is asking the council for a rate increase for Danielle Good Luck, she should of start out at $23.00, not at $21.00. Council told Johns that she was not a qualified officer at the time of training that why she was at $21.00.

Motion by Standish second Mathson to give Good Luck at increase in Salary to $23.00 an hour.

Voting Aye: Mathson, Standish, Nash, Niemitalo

Voting Nay: None

Johns told the council that the line item on the budget for machinery and equipment was in need as this was suppose to be taken care of before my time, and I take responsibility for these actions. The council also approved the purchase of 2 new cars, one is in and just waiting for the other one to get in. They are Dodge Chargers. I am working on getting some grants out there for 3 new officers, new uniforms, total of grant I am asking for is $227,000.00.

COUNCIL CONCERNS:

Nash told the Council that he has came up with a Condemned Building Committee. The City is in need of getting rid of houses in town that are a hazard or unfit to live in. On the Committee will be Thomas Nash, James Newton, Michelle Crows Heart, ChuckWallen.

Motion by Standish second Mathson to approve the Committee and give them a $50.00 a meeting base on attendance.

CITY LIBRARY-DEAN NIEMITALO:

Niemitalo told the council that the Library needs more money to by papers, and magazines and was told at the library meeting that they only had $1,000.00 left in there budget. The Mayor told Niemitalo that in the budget right now was over $38,000.00 and not just the $1,000.00. Niemitalo was miss informed about the budget and also other issues about the actual budget. The city would help out with money issues but at this time they have money in the budget to get these items.

WOODS/COURT FEE:

Woods told the council that he will have to be attending jury trials in Stanley, and fees for that will be $900.00. He has quite a few trails coming up.

Motion by Mathson second Standish to Pay City Attorney Woods ($900.00) per trial

Voting Aye: Mathson, Nash, Niemitalo, Standish

Voting Nay: None

With more legal issues coming up, Woods will attends training through the” Member of Lawyers” costing an annual fee of $187.50, plus travel expense

Motion by Nash second Standish to approve Woods for further training and travel expense.

Voting Aye: Mathson, Standish, Nash, Niemitalo

Voting Nay: None

FIRE HALL:

Hulsing and Associates Architects have a proposal to proceed with the New Town Fire Station. The council decided to have the Schematic Design started. This is the preparing and presentment for the owner’s approval a preliminary deigns illustrating this scales and relationship of the project components.

The Schematic Design consists of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations, and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building system and construction materials shall be noted on the drawings or described in writing. Cost of the design $23,441.60

Motion by Mathson second Standish to approve the proposal from Hulsing and Associates Architects, on the Schematic Design cost $23,441.60.

Voting Aye: Mathson, Niemitalo, Nash, Standish

Voting Nay: None

______

Daniel Uran, Mayor Eileen Zaun, Auditor