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Legal Notices 6-12

By Staff | Jun 12, 2021

REGULAR RUGBY CITY

COUNCIL MEETING MINUTES

MONDAY, MAY 3, 2021- 7:30PM

CITY HALL COUNCIL CHAMBERS

AND BY GOTOMEETING

Council Members present: Albrecht,

Lunde, Kraft, LaRocque, Berg (by

GOTOMEETING) and Trottier. Also

present were Mayor Steinke, City At-

torney Hartl, Jim Olson, AE2S and

City Auditor Stewart. Absent was

Bednarz.

Mayor Steinke called the meeting to

order at 7:30 pm.

Council members recited the Pledge

of Allegiance.

Roll call was taken by Steinke.

The Community Service Director

Annual Report was removed from

the agenda. There was a motion by

Albrecht to approve the agenda as

amended. Second by Kraft, motion

carried.

The council considered the April 5,

2021 meeting minutes. There was a

motion by Albrecht to approve the

minutes of the April 5, 2021, regular

council meeting. Second by

LaRocque, all voting yes, motion

carried.

The council considered the April 5,

2021 special tax equalization meet-

ing minutes. There was a motion by

Kraft to approve the minutes of the

April 5, 2021 special tax equalization

meeting minutes. Second by Al-

brecht, all voting yes, motion carried.

Bills Paid Since Last Meeting of

4/05/2021: $176,101.00

21328 Convention & Visitors Bureau

$1,663.39 21329 Convention & Visi-

tors Bureau $6,156.03 21330 Dale

Klein $72.80 21331 Envision

$1,232.88 21332 Hawkins Inc.

$939.31 21333 Jennifer Stewart

$202.30 E-CK Job Service ND

$264.22 21334 John B. Rose

$100.00 21335 John Deere Financial

$3,525.63 E-CK JP Morgan Chase

$1,047.09 21336 Locators & Sup-

plies Inc. $130.87 21337 MEDICO

Life Ins. $35.25 21338 Merchants

Bank $21,443.83 21339 Modern

Marketing $452.95 21340 ND Asso-

ciation of Counties $75.00 21341 ND

Dept of Health/Chemistry $31.78

21342 ND Dept of Transportation

$268.36 21343 ND Dept of Tran-

sportation $6.50 21344 ND Tele-

phone Co $821.87 21345 North

Central Printing $115.00 21346 Otter

Tail Power Company $11,738.77

21347 Rugby Fire Dept $5,448.08

21348 Rugby Job Authority

$23,035.26 21349 State Water

Commission $5,184.15 21350 Team

Lab $688.00 21351 Uniform Center

$437.94 21352 Valli Information

Systems $658.38 21353 Verizon

Wireless $80.02 21354 Wells Fargo

Bank $500.00 21355 West Shore

Services $1,200.00 E-CK Wex Bank

$1,070.34 ACH Payroll Checks

$47,156.11 Social Security

$7,376.28 Medicare Taxes

$1,725.06 Payroll Taxes $4,587.14

21356 AFLAC $971.77 ACH

NDPERS $625.00 ACH NDPERS

$8,216.36 ACH Sanford Health /

NDPERS $16,817.28

Bills Submitted for payment

05/03/2021: $2,244,748.66

AWD – Wells Fargo Improvements

Bond 2013 $2,001,345.00 21357 B &

J Excavating Inc. $1,175.00 21358

Bartsch Electric LLC $4,292.30

21359 Big State Industrial Supply

Inc. $207.63 21360 Brad Radomski

$700.00 21361 Circle Sanitation

$20,202.00 21362 Core & Main LP

$4,665.19 21363 Dakota Fence

Company $6,675.00 21364 Environ-

mental Equipment & Svc $988.03

21365 First District Health Unit

$75.00 21366 Goodon Buildings

International $603.00 21367 H. E.

Everson Co $41.20 21368 Johnson’s

Plumbing $3,515.76 21369 Lake Re-

gion District Health Unit $100.00

21370 MARC $455.41 21371 ND

League of Cities $170.00 21372

Northern States Supply $11.25

21373 Petty Cash $58.95 21374 Pi-

erce County Auditor $3,412.50

21375 Power Plan $1,166.00 21376 Precision Autobody & Glass

$4,280.40 21377 Rebecca Jordan

$170.00 21378 Robert Spallinger

$430.00 21379 Rough Rider Indus-

tries $31.50 21380 Rugby Broadcas-

ters $91.00 21381 Rugby Farmers

Union Elevator $22.00 21382 Rugby

Hardware Hank $834.47 21383

Rugby Lumber $304.55 21384 Rug-

by Service Center $718.28 21385

Rugby Veterinary Service $122.00

21386 Scott Bommersbach $168.00

21387 Sleep Inn & Suites / Minot

$143.66 21388 Staples $141.54

21389 Team Laboratory $10,268.00

21390 U.S. Bank $450.00 21391

Verizon Wireless $613.04

The bills were reviewed by the coun-

cil. Bills were individually reviewed

by LaRocque and Trottier. There

was a motion by LaRocque to ap-

prove payment of the bills as

presented. Second by Trottier, roll

call vote, Albrecht-yes, Lunde- yes,

Kraft-yes, LaRocque-yes, Berg-yes

and Trottier-yes, motion carried.

Stewart presented the cash report,

revenues to budget and expenditure

to budget reports. She explained

that the bond refinance for Chalmers

was complete on May 1. There was

a motion by Lunde to approve the

financials as presented. Second by

Trottier, roll call vote, Albrecht-yes,

Lunde-yes, Kraft-yes, LaRocque-

yes, Berg- yes and Trottier-yes, mo-

tion carried.

The council considered the April

2021 Municipal Court Report. There

was a motion by Albrecht to approve

the April 2021 Municipal Court Re-

port. Second by Kraft, all voting yes,

motion carried.

Laurie Odden, Convention and Visi-

tors Bureau Executive Director, ad-

dressed the council regarding the

planters that will be hung downtown.

They are working on a new website

for the Chamber & CVB. Odden ex-

pressed her thanks to the Public

Works department for putting the

flags at half-staff and back up.

There was a motion by Trottier to

approve the CVB report and agenda.

Second by LaRocque, all voting

yes, motion carried.

Steinke introduced Karl Frigaard,

JDA Executive Director. The council

considered the JDA minutes and

financials. There was a motion by

Albrecht to approve the JDA minutes

and financials. Second by Kraft, all

voting yes, motion carried.

Trottier asked Frigaard to give the

council a brief history of himself. Fri-

gaard explained his past positions

and the locations of each.

Recreation Committee: Chairman

Berg reported that they had hired a

recreation manager, Dave Schneibel

Jr. He explained that other work to

dugouts and the picnic shelter were

also discussed.

Finance Committee: Chairman Kraft

explain they had discussed the 2022

budget timeline and a purchasing

policy.

Ordinance Committee: Chairman

Kraft informed the council that they

too had discussed a purchasing poli-

cy.

Public Works: Jim Olson will cover

this in his report to council.

Public Safety Committee: Trottier

explained they had discussed some

intersection visability issues with a

hedge. The committee approved to

purchase radar signs to be used in

select areas of the community.

Building: Chairman Berg explained

they are looking to obtain bids for

new windows and ventilation at the

pool.

Olson reported that the 2 1/2 Ave

Project is still awaiting federal USDA

approval. The swimming pool pro-

ject is in the works. Plans and

specifications will be drawn up to

solicit bids for the project. Windows,

fans and garage doors are all part of

the project. Task Order #6 serves

as the engineer contract for the pro-

ject.

The Armory doors are ADA compli-

ant and only require automatic door

openers. The CDBG application for

funding with Souris Basin is in the

works. This would help cover the

costs to make the improvements.

There was a motion by Lunde to ap-

ply for the CDBG funds. Second by

LaRocque, all voting yes, motion

carried.

Olson explained that the State Wa-

ter Commission has a grant that the

transmission line from the wells to

the water plant would qualify for.

This would replace the 10 miles of

line. This is a grant that covers 60%

of the cost. This project will be

known as the 2022 Asbestos Pipe

Replacement Project.

The council reviewed two instrument

and control estimates for the water

plant computers. One from In-

tegrated Process Solutions, Inc. and

a second estimate from Preferred

Controls. Previously the city has

worked with IPS. Greg Boucher,

Water Plant Supervisor, explained to

the council that the working rela-

tionship he has with IPS is very

good and he would like to continue

to utilize IPS. Olson recommended

that the council consider going with

IPS for the SCADA Improvements.

Neil Lotvedt, former council

member, explained that during

Phase II of the Water Treatment

Plant, Fusion Automation was

awarded the instrument and control

portion of the project. During this

project Fusion Automation walked

out on the project and had not com-

pleted the job. IPS came in at that

time and fixed the mess Fusion Au-

tomation had left. There was a mo-

tion by Kraft to accept the proposal

from Integrated Process Solutions.

Second by Lunde, roll call vote, all

voting yes, motion carried.

Olson explained that Pipe Detec-

tives had been in town televising

quadrant one. He will be receiving

the video and full reports later this

week. He pointed out that near Pre-

cision Autobody, along Hwy 3, when

they began televising they had the

line collapse. Public Works was

able to make the repair to this line.

When they televised the sewer line

that runs under the ball diamonds

they found a fence pole 330′ in that

was through the line. This is caus-

ing silt to fill the line. Olson will dis-

cuss this with the Public Works

Committee as to the direction they

want to go with this.

Olson is working with Attorney Hartl

to get legal documents completed

for 2 1/2 Ave. The Comprehensive

Land Use Plan draft will be going to

the steering committee soon.

Olson explained GIS mapping plat-

forms. Different layers may be ad-

ded to this database. This is benefi-

cial to the city as it can contain wa-

ter, sewer lines. Gate valves, stop

boxes, pipe depths, diameter and

year installed. They will be able to

document the last break in a line,

etc. This would be available to view

by the employees, on their phones

when they are out working on the

water and sewer lines. The initial

cost is approximately $12,000. The

annual fees were also discussed.

Kraft explained that the committee

felt that it should be budgeted for.

Munyer gave a recent example

where Dollar General was hooking

up to their sewer line and it was in

the middle of the lot. GIS informa-

tion would have been helpful.

Trottier questioned how GIS would

improve efficiency? Olson explained

that it was like night and day. He

explained how beneficial it is to

municipalities. Lotvedt explained

that the city needs to update and

use the new technology. He also

believes that the city would need to

buy a GPS receiver. This is just as

important as the GIS database. The

council also discussed the annual

fees that would accompany a GIS

system.

Olson explained that once the water

plant computers are updated the old

computers will be moved over to the

city shop to update their computers.

Olson stressed how important the

water plant and the 10 miles of

transmission lines from the well are

to the community.

LaRocque questioned if the JDA had

put the mowing of Chalmers Lots

back out for bid? Kraft explained

that they had not. He felt the original

bids were too high and that they

needed to do more research before

they could accept or award a bid.

He explained that the JDA board did

not realize that tabling the bids

would void the bids. They had dis-

cussed getting legal advice at their

last meeting. They questioned if it

was appropriate for the JDA to util-

ize City Attorney Hartl as their legal

counsel or if they needed a different

attorney. LaRocque cited Attorney

General Opinions regarding the JDA

seeking outside legal advice. He ex-

plained that in the legal opinion it

stated that seeking outside legal ad-

vice is against the law. If outside le-

gal advice is solicited it must be paid

for personally by the board member

requesting the advice. To pay for it

with city funds is illegal. Attorney

Hartl explained that the JDA has not

approached him regarding this.

LaRocque has been told since he

joined council that the JDA is an arm

of the city and that the city does not

have authority over the JDA. He re-

cently learned through research, the

opposite. The governing body had

control over the JDA tax collection

budget. The city has control over

the JDA budget if they budget the

directors salary separate. The city

cannot micromanage their budget.

He explained that the mayor has the

right to appoint the JDA board

members. He explained it would

take a 60% majority vote of the

council to remove a member from

the JDA board.

LaRocque read an opinion, written

by Attorney Hartl, regarding the JDA

pursuing creating the Chalmers ad-

dition. Hartl’ s opinion explained

that Chalmers Addition was outside

of the JDA scope of authority, and

they then created the Chalmers Ad-

dition.

He explained the Attorney General

Opinion that the JDA had wanted to

seek after the April council meeting,

regarding the council requiring the

JDA to put the Chalmers Addition

mowing out for bids again, was not

necessary as the council has author-

ity over the JDA.

LaRocque explained that by putting

the Chalmers Addition mowing out

for bids, the JDA is creating a job.

The city mowing they Chalmers Ad-

dition does not create a job.

LaRocque believes that the JDA

should have selected a qualified

candidate and created a job.

Albrecht explained that the JDA had

not listed their expectations in their

bid ad. Kraft explained that the

board realized this when the opened

up the two bids, that were com-

pletely different, how the expecta-

tions were not clearly defined.

Trottier questioned the JDA minutes

where the bids were opened. Hartl

explained that the JDA did not ac-

cept a bid, but tabled the bids in-

stead. By tabling them, they reject-

ed both bids. Trottier explained that

the lack of clarity in the JDA bid for

mowing. He also referenced the op-

portunity from the April council meet-

ing, when Council member

LaRocque had motioned to have the

JDA call for mowing bids once

again. The council gave the JDA a

directive, which they did nothing

with. Trottier is concerned what the

hang-up is with the JDA ignoring the

directive of the governing body.

Hartl explained that the JDA is an

enterprise according to the North

Dakota Supreme Court. City ordi-

nance permits committee’s to con-

tract up to $2,500 without council

approval. The JDA by ordinance can

hire professionals and make and ex-

ecute their own contracts without

council approval. This would also

allow them to not enter into con-

tracts. Hartl explained that in order

to have the city mow the JDA lots,

the council would have to authorize

that.

Berg questioned if tabling an issue is

rejecting or disregarding an issue.

Hartl explained that for a motion, it

may be tabled however bids are a

different procedure. Berg ques-

tioned why the JDA then tabled the

bids.

Kraft clarified that the reason that

the JDA mowing was put out on bids

was because an individual had re-

quested the opportunity to mow

Chalmers Addition.

There was a motion by LaRocque

that the City of Rugby does not mow

lots on the Chalmers Addition, if the

city has to send out a letter for

neglect of mowing that the city will

mow the lots at a rate of $250 per lot

and $250 per lot for weed control,

each time the city must mow or pro-

vide weed control.

Steinke questioned Stewart as to

what the mowing rates are when the

city mows resident’s lots. Hartl ex-

plained that the JDA must be treated

the same as everyone else.

LaRocque then amended his motion

to read the City of Rugby does not

mow lots on the Chalmers Addition,

if the city has to send out a letter for

neglect of mowing that the city will

mow the lots at a rate of $200 per lot

and $200 per lot for weed control,

each time the city must mow or pro-

vide weed control. Second by

Lunde.

Berg questioned what the city

charges a normal resident per hour

when they do not mow their grass.

Stewart explained that $100 per

hour is what is charged to the

residents and the JDA has been

paying $30 per hour. Stewart ex-

plained that a past JDA Director was

not satisfied with the higher rate and

the $30 per hour was then arrived at.

Munyer explained that since the

Chalmers Addition was developed

the city has been mowing the vacant

lots. Hartl asked if LaRocque would

consider amending his motion to

reduce the rate to $100 per hour to

treat everyone the same. Munyer

estimated that the mowing of Chal-

mers takes 7-8 hours.

Hartl explained that the city rate

schedule is $100 per hour, while

LaRocque’s motion is per lot. He

suggested that be amended.

LaRocque explained that he wants

the JDA to create a job. LaRocque

amended his motion, the city will not

mow the Chalmers Addition and if

the lots are neglected by the JDA,

the city will notify the JDA by letter to

allow them 7 days to mow it. If the

JDA fails to mow the lots, the city

will mow the lots at a rate of $100

per hour. Seconded by Lunde, roll

call vote, Albrecht-no, Lunde-yes,

Kraft-no, LaRocque-yes, Trottier-

yes, Berg-yes, motion carried.

Hartl explained that the Muni Code

review has made suggestions to add

and remove portions of the city

code. Hartl requested their contact

information so he can speak with

them and have them re-revise the

ordinances without any of their

suggestions. They discussed the

cost to publish the changes.

Stewart will forward the contact in-

formation to Hartl.

The council reviewed policy 340

Phone Reimbursement. This is the

policy generated after the vote of the

council to reimburse certain employ-

ees for cell phone use. There was a

motion by Albrecht to approve policy

340 Phone Reimbursement.

Second by Trottier, all voting yes,

motion carried.

The council reviewed proclamations

for Police Week, Emergency Medi-

cal Services Week and Arbor Day.

There was a motion by Trottier to

approve the proclamations for Police

Week, Emergency Medical Services

Week and Arbor Day. Second by

LaRocque, all voting yes, motion

carried.

The council reviewed an application

for beer license for Kj’s Pizza. Hartl

indicated the application was in ord-

er for approval. There was a motion

by Albrecht to approve the Class E

Beer License for Kj’s Pizza. Second

by Lunde, all voting yes, motion car-

ried.

The council considered Chuck

Longie’s Ward 4 Council resignation.

There was a motion by Berg to ac-

cept Longie’s resignation. Second

by Lunde, all voting yes, motion car-

ried.

The council reviewed the Traffic Lo-

gix Solar Radar Sign bid. There was

a motion by LaRocque to accept the

Traffic Logix Solar Radar Sign bid

for $6,298. Second by Lunde, roll

call vote, all voting yes, motion car-

ried.

The council considered the designa-

tion of The Pierce County Tribune as

the official newspaper. There was a

motion by Trottier to designate The

Pierce County Tribune as the official

newspaper. Second by LaRocque,

all voting yes, motion carried.

There being no further business to

transact or come before the Council

at this time, there was a motion by

Lunde to adjourn the Council Meet-

ing. Second by Albrecht, all voting

yes, motion carried. Meeting ad-

journed at 9:08p.m.

Susan Steinke, Mayor

ATTEST: Jennifer Stewart, City Au-

ditor

APPROVED: June 7, 2021

(June 12, 2021)

Wolford City Council Meeting

The Wolford City Council met on

Wednesday, June 2, 2021, at 7:00

p.m. Present were Mayor Wolf and

Council Members Beck, Slaubaugh

and Walsh. Deb read the April

minutes and the April and May

Financial Statements. All were ap-

proved as read after a motion by

Slaubaugh and second by Walsh.

OLD BUSINESS: 1. Wolford All

School Reunion: the city will be help

pay for dance security, mosquito

spraying, and liability for the day for

the school building and grounds. 2.

Results of some of the suggestions

from our town survey were dis-

cussed.

NEW BUSINESS: 1. Payment of the

monthly bills was approved after a

motion by Walsh and second by

Beck (Wages for 2020 1,108.20;

Waste Management 597.70, 597.70;

Pierce County Tribune 21.46, 27.38;

Office supplies 18.89; State Auditor

160.00; Otter Tail Power Co. 215.48;

195.66; Wolford All School Reunion

200.00; Bremer Bank 20.00; Ameri-

can Insurance, Inc. 125.00). 2. Dis-

cussed the charges for mowing

Osy’s Park and the Hepting proper-

ty. 3. The city’s preliminary budget

for 2022 was approved after a mo-

tion by Slaubaugh and second by

Beck.

Slaubaugh motioned to adjourn

w/Walsh seconding. Motion carried.

NEXT MEETING: July 7, 2021 at 7

p.m.

(June 12, 2021)

PCT0014165

PCT0014090

PCT0014165

PCT0014151

PCT0014149

PCT0014140

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