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CITY OF TIOGA

City Commission Meeting Minutes

May 2, 2016

A meeting of the City Commission of the City of Tioga was called to order at 7:00 pm on May 2, 2016, at the Tioga City Hall, by President of the City Commission Drake McClelland.

PRESENT: Drake McClelland, Heather Weflen, Todd Thompson, Ben Johnson and Abby Salinas

ABSENT: John Grubb, Ronda Davidson

Guest: Jeff Moberg, Larry Anderson, Dan Larson, Antonio Conti, Kevin Killough, Brice Nelson, Tom Johnson, Amanda Mosser, Jeff Spivey, Jodeen Bergstom-Dean, Janice Moore, Shelby Dean, Matt Ruhland, Darrell Schneider Jr, Judy Odegaard, Ronica Pederson, Desiree Hanson, Robbie Smith, Dennis Lindahl, Roxy Fisher

Weflen made a motion to approve the minutes of April 18, 2016, second by Thompson. Roll Call: Ayes; Thompson, Weflen, McClelland

Weflen made a motion to approve the minutes of April 21, 2016, second by Thompson. Roll Call: Ayes; Thompson, Weflen, McClelland

Commissioners Reports:

Weflen: Advised the Commission Board would like to proceed with changing of landfill hours to summer hours which will be on Tuesday 9am to 6pm, Thursday 10am to 7pm and Saturday 9am to 12pm.

Weflen made a motion to approve new summer landfill hours, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

Advised Commission Board would like to proceed with hiring summer help, discussions held. Also advised Commission Board, Committee meet on Request for Qualifications for Engineer on Emergency Dam Plan and City Emergency Evacuation Plan. 3 Engineer firms placed proposals and Ackerman-Estvold was selected.

Weflen made a motion to accept Ackerman-Estvold as the Engineer for the Emergency Dam Plan and City Emergency Evacuation Plan, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

Davidson: Absent

Grubb: Absent

Thompson: None

McClelland: Handed floor over to Police Administrator Spivey. Spivey advised Commission Board, as per conversation with Commission Board in last meeting, has located a part time Police Officer that will assist lowering current overtime hours.

Thompson made a motion to approve the hire of one new part time Police Officer, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

Spivey advised Commission Board Health Department was called on the car wash dumping issue and after testing waters they stated its okay, only recommendation from health department is fence area where dump site will be. Spivey also advised Commission Board Grant was approved for new server and computer equipment from Williams County 1% Tax Commission Board.

McClelland advised Commission Board that it has come to his attention that more home businesses are opening in the City; this is just a reminder that most home businesses require a Conditional use permit as per City Ordinances.

Modifications/Approval of Agenda:

Weflen made a motion to approve current agenda with no changes, second by Thompson. Roll Call: Ayes; Thompson, Weflen, McClelland

Old Business:

1.  Budget – Thompson advised Commission Board at this time he is not ready to give recommendations

Thompson made a motion to table Budget recommendations till next meeting on 5-16-16, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

2.  Legal – Johnson advised Commission Board is working on building permit ordinance. Recommends a site that will maintain and update ordinances, will look into this for future.

3.  Ackerman-Estvold: Antonio Conti – Advised Commission Board Quam Construction will start working on punch list items in the morning, JR Civil has not provided a schedule as of yet to present to Commission Board. Advised Commission Board Welo is ready and Wagner is the low Bidder.

Weflen made a motion to award Wagner the contract and proceed with the construction of Welo, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

Updated

Conti also gave update to Commission Board on status of the road to lagoons, preliminary drawings were given today to City for review. Conti advised Commission Board the properties that will be affected when assessing Annabelle for the fixing of the roads. Conti Advised that Quam Construction will be here to seal the roads that were completed by them last year, but they can add 20 City additional blocks, as advised from the Street Department Commissioner, to a change order for the amount of $79,520.00. This will help maintain the streets for the next 7 to 10 years, however this does not include the streets scheduled for future construction.

Weflen made a motion to approve change order for Quam Construction in the amount of $79,520.00 to complete the seal on 20 additional City Blocks roads, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

Having a meeting next week with Williams County.

4.  AE2S: Larry Anderson – Advised Commission Board that Steel bowl was raised at the Water Tower site, Painting will start this week and handed exhibit of pay request application #8 from Landmark for the amount of $357,200.00 for work completed thus far.

Weflen made a motion to pay request #8 for Landmark in the amount of $357,200.00, second by Thompson. Roll Call: Ayes; Thompson, Weflen, McClelland

Advised Commission of Progress being made at the Waste Water Treatment Facility location and pay request #7 from Rice Lake in the amount of $314,735.76

Thompson made a motion to table pay request #7 from Rice Lake until next meeting 5-16-16 when Rice Lake can provide the Commission Board with an update on dike settlement, liner leak and currect completion status, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

5.  Graham: Matt Ruhland – Advised Commission Board on status of construction for New City Hall. Simple saver liner complete, overhead mechanical piping complete, overhead JVAC 80% complete, overhead water lines – ongoing this week, interior framing started today and will be ongoing for the next 2 weeks, electrical will start this week. Handed exhibit of payment application #4 from Graham Construction for the amount of $89,922.58

Thompson made a motion to pay request #4 from Graham Construction in the amount $89,922.58, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

6.  EDC Update – Economic Development Director Dennis Lindahl advised Commission Board of housing vacancies in Tioga. Advised Renaissance Zone application will be completed and submitted to City Auditor by June 2016. Advised Commission Board that the sale of Down Town City lots are for development only not for someone to buy lots to sell later at higher price, will review this with City Attorney. Gave update on status of Drone Camp and how that will correlate with bringing outside people into the community, also planning on the film festival, music festival and local art vendors same weekend. Drone Camp Scheduled August 7 thru 8, 2016.

7.  Liquor License for 42 Bistro – Salinas handed Exhibit to Commission Board of Liquor License application for 42 Bistro, all fees and background check completed, discussions held.

Thompson made a motion to approve application from 42 Bistro for a class A liquor license, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

8.  Liquor License for Pinnacle – Salinas handed Exhibit to Commission Board of Liquor License Application from Pinnacle. After discussions held it was determined no application needed because Pinnacle already holds a license for liquor and will not be selling outside of areas already designated.

9.  Resolution 2016-04 Closing Old Water Accounts 1st Reading - BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota: After careful research and investigation by Rath & Mehrer Auditing Firm it has been discovered that the City of Tioga has outstanding water accounts totaling, as of December 31, 2014, $103,996.07. Some of these accounts have had no transactions since 2002 other then collecting late fee charges each month. It is the recommendation of Rath & Mehrer and the City Auditor, Abby Salinas, that these accounts be closed as applicable. Leaving only current active water accounts for the City of Tioga. Now, therefore, based on the recommendation of this Rath & Mehrer and the City Auditor Abby Salinas to approve the closing of unnecessary water by Desiree Hanson, City Deputy Auditor.

Weflen made a motion to Approve 1st Reading of Closing Old Water Accounts, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

New Business:

10.  Ordinance 2016-01 Flood Plain 1st Reading

Weflen made a motion to table the Floodplain Ordinance till 5-16-16, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

11.  Flood Plain Application – New Form

Weflen made a motion to approve the Floodplain Ordinance application, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

12.  Water Permits NOS 1097 & 1097 A – Salinas handed commissioners exhibit of /letter received from State of North Dakota Office of the State Engineer, has been reviewed by City Attorney Johnson and advised to Commission Board to sign.

Weflen made a motion to sign Water Permits, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

13.  Tioga Fund Application– Tioga Fund Committee made a recommendation for Commission Board to approve application from EDC for $40,000 to assist with the enhancement of vacant lots down town.

Weflen made a motion to approve Tioga Fund application from EDC for $40,000, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

14.  Local Charity Permit Application– Salinas handed exhibit to Commission Board of Local charity permit from Peaceful Valley Pheasants Forever for raffle

Weflen made a motion to approve Local Charity application from Peaceful Valley Pheasants Forever for a raffle, second by Thompson. Call: Ayes; Thompson, Weflen, McClelland

15.  Resolution 2016-06 Evidence Account 1st Reading – be it resolved by the City Commission of the City of Tioga Williams County North Dakota: Whereas, the City Police Department, in the regular course of their duties, does seize evidence including currency. Whereas, In accordance with the International Association of Property and Evidence best practice is to place seized currency in a bank account for safe keeping and accounting. Therefore, the City of Tioga shall open a bank account at the Bank of Tioga to store currency seized as evidence. The Chief of Police may appoint an employee to properly log and track evidence seized and transferred to the bank account. Furthermore City Auditor, Police Administrator and Corporal Jacqueline Halonen will be signers on the bank account created by this resolution.

Thompson made a motion to approve 1st Reading of Resolution 2016-06 Evidence Bank account, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

16.  Grant Reimbursement Application from Fire Department for Oil and Impact Grant in the amount of $37,309.22

Thompson made a motion to approve grant reimbursement request from Fire Department for Oil Impact grant in the amount of $37,309.22, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

17.  Salinas handed exhibit to Commission Board of City of Tioga Payroll for April 20, 2016

Thompson made a motion to approve Payroll for April 10, 2016, second by Weflen. Call: Ayes; Thompson, Weflen, McClelland

Dennis Lindahl addressed Commission Board, he stated he has come to Commission Meetings for 5 months and feels that Citizens need to address Commission Board with the respect that it’s due. It is important to ensure that all get their time heard, but that they do this with respect and formality. Advised Commission Board that he appreciates what they have volunteered to do and it is a hard job. As a business professional he does not appreciate profanities that have been used even by some City Employees while addressing Commission Board and is asking respectfully that when this happens it is addressed and to take into consideration the Citizens and business professionals around them.

With no further business the meeting of the Tioga City Commission was adjourned by unanimous vote moved by Weflen second by Thompson at 9:21 p.m. Call: Ayes; Thompson, Weflen, McClelland

The next meeting of the City of Tioga is scheduled for Monday May 16, 2016 at 7:00 p.m., to be held at the Tioga City Hall.

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Drake McClelland, President of the City Commission

ATTEST:

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Abby Salinas, City Auditor