Record of the minutes of a regular meeting of the City Council of the City of Minto, Walsh County, North Dakota, held on October 1, 2007 at 7:00 PM at the Minto City Auditor’s Office.
Mayor John Riskey called the meeting to order. Present were Mayor John Riskey, Councilmen Brad Narloch, Heather Narloch, and Kevin Schuster. Absent was Councilman Lee Gudajtes.
Open petitions from the public were heard.
Mark Tibert questioned whether the Community Center had applied for and received a building permit.
Melvin Tibert questioned who was responsible for cleaning out the drainage ditch on his property.
Minutes from the regular meeting held on September 10, 2007 were submitted for approval. On motion by Schuster, seconded by B. Narloch, and carried. The minutes were approved.
Committee reports were given.
Streets, Grounds & Lights:
Mr. Shutt stated he needed help to get the dirt work in Stoltman’s Subdivision finished. Mayor Riskey will find him help.
The raw water line has been moved. The dirt pile left will need to be moved.
Animal Warden:
There has been a complaint of a barking dog during the night. The complaint will be forwarded onto Gudajtes.
A loose dog complaint was taken care of.
Planning & Zoning:
The following building permit applications were discussed:
- Super Service, 523 2nd Street – Install security light on west side of building. On motion by H. Narloch, seconded by B. Narloch, carried. Approved building permit.
- Allen Gerszewski, 245 Major Avenue – Install outdoor corn boiler. On motion by H. Narloch, seconded by B. Narloch, carried. Approved building permit.
Ron Ophaug will contact Burlington Northern Santa Fe Railroad to obtain more information on the updated 250’ setback rule along the railroad.
Public nuisance issues were discussed. Letters were sent to Mark Schockley, Brian Wysocki, Reginald Kosmatka (vehicle), James Curtis, and Allen Gerszewski. Letters will be sent to Jim Kasprick, Reginald Kosmatka (grainery) and Minto Grain.
The Council was updated on the proposed housing project. The Housing Authority and interested parties will meet with F&L Development next time someone is in the area.
The City website will be updated with a link to the Sister City Town of Minto’s website.
Shane Robinson is working on a plan to upgrade the baseball diamond at the Minto City Park. It was noted the third base drainage needs to be improved.
B. Narloch will talk to adjacent property owners of the RV park to address their concerns.
Mr. Czapiewski was directed to find out what the timeline on accepting the water tower bid from Maguire Iron is.
The 2008 Budget was presented for review. On motion by B. Narloch, seconded by Schuster, carried. Approved the second reading of the 2008 Budget.
General Fund $47,565
Social Security 8,034
Advertising 735
Emergency 1,708
Cemetery 3,757
Building 3,920
Airport Authority 2,928
$68,647
H. Narloch updated the Council on the plans for the 125th Anniversary Celebration.
The following ordinance was presented for review.
ORDINANCE NO. 183
AN ORDINANCE TO ESTABLISH SUBSTANDARD BUILDINGS
AND STRUCTURES UNDER THE HOME RULE CHARTER OF THE
CITY OF MINTO
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF MINTO, WALSH
COUNTY, NORTH DAKOTA:
SUBSTANDARD BUILDINGS AND STRUCTURES
Section One: Definitions.
All buildings or structures which have any or all of the following defects shall be deemed "substandard buildings or structures":
(1) Those whose interior walls or other vertical structural members lean, list or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third (1/3) of its base.
(2) Those which, exclusive of the foundation, show thirty-three (33) per cent or more damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
(5) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
(6) Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(7) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(8) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this city.
(9) Those buildings existing in violation of any provision of the building code adopted by this city, or any provision of the fire prevention code, or other ordinances of the city.
Section Two: Declaration of Public Nuisance.
All substandard buildings and structures within the terms of Section 1 of this article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
Section Three: Duties of Fire, Police and Health Departments.
All employees of the fire, police and health departments shall make written reports to the building inspector of all buildings or structures which are, may be, or are suspected to be "substandard buildings or structures" as herein defined. Such reports must be delivered to the building inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the above-named departments.
Section Four: Duties of Building Inspector.
The building inspector shall:
1. Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, motels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a substandard building or structure within the terms of Section 1 of this article.
2. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.
3. Inspect any building, wall or structure (as hereinafter provided for) by the fire or police department of this city as probably existing in violation of the terms of this article.
4. Notify, in writing, the owner, occupant, lessee, mortgagee, and all other persons having an interest in said building, as shown by the records in the office of the register of deeds of the County of Walsh, of any building found by him to be a substandard building or structure within the standards set forth in Section 1 of this article that:
a. The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this article.
b. The owner or occupant must vacate said building or may have it repaired in accordance with this notice and remain in possession.
c. Provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding sixty (60) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
5. Set forth in the notice provided for in subsection (4) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a substandard building or structure and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding sixty (60) days as is reasonable.
6. Report to the city council any noncompliance with the notice provided for in subsections (4) and (5) hereof.
7. Appear at all hearings conducted by the city council and testify as to the condition of substandard buildings or structures.
8. Place a notice on all substandard buildings or structures reading as follows:
"This building has been found to be a substandard building or structure by the Building Inspector. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee or mortgagee of this building and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh. It is unlawful to remove this notice until such notice is complied with."
Section Five: Standards for Repair, Vacation or Demolition Order.
The following standards shall be followed in substance by the building inspector in ordering repair, vacation or demolition:
1. If the substandard building or structure can reasonably be repaired so that it will no longer exist in violation of the terms of this article it shall be ordered repaired.
2. If the substandard building or structure is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
3. If the substandard building or structure is fifty (50) percent or more damaged or decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article it shall be demolished. In all cases where a substandard building or structure is a fire hazard existing or erected in violation of the terms of this article or any ordinance of the city or statute of the State of North Dakota, it shall be demolished. The term "fifty (50) percent or more damaged or decayed or deteriorated from its original value," as used in this section, shall mean that the reasonable value of all services, labor and materials necessary to restore the structure to building code standards exceeds fifty (50)percent of the current value of the structure. The term "original value" as used in this section, shall mean the best available information utilizing; the current true and full value as shown in the assessment records, an appraisal of less than one year old or an average of the two. "Original value" should also reflect the pre-damaged or neglect, condition or value of the structure.
Section Six: Duties of City Council.
The City Council shall:
1. Upon receipt of a report of the building inspector as provided for in Section 4(6) hereof, give written notice to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a substandard building or structure should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 4(5).
2. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the records of the County Recorder of the County of Walsh shall offer relative to the substandard building or structure.
3. Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the building in question is a substandard building or structure within the terms of Section 1 hereof.
4. Issue an order based upon findings of fact made pursuant to subsection (3), commanding the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records of the County Recorder of the County of Walsh, to repair, vacate or demolish any building found to be a substandard building or structure within the terms of this article and provided that any person so notified except the owners, shall have the privilege of either vacating or repairing said substandard building or structure.
5. Report to the city attorney the names of all persons not complying with the order provided for in subsection (4) of this section.
Section Seven: Failure to Comply with Decision of City Council.
If the owner, occupant, mortgagee or lessee fails to comply with the order of the city council, or fails to appeal to the district court within thirty (30) days as provided herein, the city, through its officers and employees, shall cause such building or structure to be repaired, vacated or demolished as ordered by the city council and shall cause the costs of such repair, vacation, or demolition to be charged against the land on which said building exists, by special assessment or as a municipal lien, or shall cause said cost of removal to be levied as a special tax against the land upon which said building stands or did stand or to be recovered in a suit at law against the owner.
Section Eight: Appeals.
a. The city council shall serve upon the owner, occupant, mortgagee, lessee and all other persons having an interest in such building so ordered repaired, vacated, or demolished, a copy of its order, such notice to be served upon such owner, occupant, mortgagee or lessee within ten (10) days after the issuance of such order. Such owner, occupant, mortgagee or lessee shall thereafter have thirty (30) days from the date of the service of such order upon him in which to appeal from such order to the district court of Walsh County, North Dakota, or to take such other legal steps to enjoin the enforcement of such order as he may deem proper.
b. Any person desiring to appeal from any order issued by the city council under and by virtue of this article shall file an undertaking in the sum of at least five hundred dollars ($500.00) to be approved by the city auditor, and conditioned that the appellant will prosecute the appeal without delay and will pay all costs that may be adjudged against him in the district court. Such undertaking shall be payable to the City of Minto, North Dakota.
Section Nine: Duties of City Attorney.
The city attorney shall:
(1) Prosecute all persons failing to comply with the terms of the notices provided for herein in Sections 4(4) and 4(5) and the order provided for in Section 6(4).
(2) Appear at all hearings before the city council in regard to substandard buildings or structures.
(3) Take such other legal action as is necessary to carry out the terms and provisions of this article.
Section Ten: Where Owner Absent from City.
In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown by the land records of the County Recorder of the County of Walsh to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the substandard building or structure to which it relates. Such mailing and posting shall be deemed adequate service.
Section Eleven: Administrative Liability.
No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the duties of this article. Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city attorney until the final determination of the proceedings therein.
Section Twelve: Penalty for Disregarding Notices or Orders.
(a) The owner of any substandard building or structure who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this article to give such notice or order shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars ($100.00) for each offense, and every day Subsequent to such notice in which the said owner shall fail to comply with any notice or order as above stated, shall be deemed separate offense.
(b) The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars ($100.00) for each offense, and every day subsequent to such notice for failure to comply with any notice or order as above stated, shall be deemed a separate offense.
- Any person removing the notice provided for in Section 4(8) hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one hundred dollars ($100.00)for each offense.
This Ordinance shall take effect after its passage, approval, and publication.
_________________________________
Mayor
Attest: ___________________________________
Auditor
Passed its first reading: September 10, 2007.
Passed its second reading: October 1, 2007.
On motion by Schuster, seconded by H. Narloch, carried. Approved the second reading of Ordinance #183.
Relocation of the skating rink was discussed. On motion by Schuster, seconded by H. Narloch, carried. Approved to dump fill in the lots west of Knox Presbyterian Church and finish off grading for the skating rink. Mr. Czapiewski and Mr. Shutt were directed to make arrangements to move the warming house.
It was agreed to advertise for snow removal bids as in the past.
Mrs. Ulland informed the Council she received a petition in her office on the morning of October 1, 2007. She is in the process of certifying the petition. The cost of running a special election if needed was discussed.
The monthly bills were presented and discussed. On motion by B. Narloch, seconded by H. Narloch, carried. Approved to hold the billing for Advanced Engineering until all work is finished satisfactorily. Approved for payment:
General Fund:
Hodny Currie Lawyers Building Inspector report, Ordinance 150.00
Otter Tail Power Whiteway 283.24
RV campground 11.88
Office 45.25
Farmers Union Oil Co. Lawn mower tire repair 32.96
Super Service Weed sprayer parts 20.41
Harriston Industries Weed sprayer parts 10.63
NDPERS Retirement 144.46
NDPERS Insurance 659.44
Walsh County Treasurer Policing Contract 985.50
Tami Ulland 27.75 hours 507.27
Hodny Currie Lawyers Deed, Home Rule Charter/petition 105.00
Bismarck Ramkota Hotel LOC conference 165.00
John Riskey Mileage – League of Cities conference 254.25
Quill Paper, printer ribbons, binders 168.03
Michael Shutt Salary – 5 hours 40.00
Jerry Misialek Office rent 250.00
GR Graphics Copier 1000.00
GR Graphics Maintenance contract 25.00
Stanley Zolondek Salary – September 512.00
Expense Account Sales Mowing 429.00
Qwest Office, fax 108.85
Tami Ulland Salary 1584.00
Highway Fund:
Harriston Industries Hitch – tractor 12.26
JR Welding Tractor hitch 63.42
Swanston Equipment Gutter broom 132.77
Elmer Schill Salary – August, September 143.00
Sinclair Card Diesel – tractor 84.82
Social Security Fund:
Bank of Minto Tax deposit – September 746.33
Advertising Fund:
Morgan Printing Minutes – July, August, budget notice 199.75
Emergency Fund:
Sinclair Card Gas – pickup (coulee cleanup) 41.02
Cemetery Fund:
C & M Yard Care Mowing 275.00
Building Fund:
Central Door & Hardware Inc. Springs – door 44.00
Leon’s Building Center Doors, stairs 668.66
Street Lights Fund:
Otter Tail Power Street Lights 635.24
Economic Development Fund:
Home of Economy Connector, cement, primer – RV hookups 15.16
Northern Plumbing Supply PVC, fittings – RV hookups 57.99
Minto Electric RV hookups 216.81
Community Message Center Fund:
Otter Tail Power Electricity 19.92
Qwest Phone line 40.79
1956 Water Supply Fund:
Harriston Industries Expanded metal 4.06
Simonson Lumber Plexiglass, silicone, paint 22.78
Water Plant and Pipeline Replacement:
Northern Water Works Supply PVC mega lugs 205.62
Credit for returned pipe -400.68
Hagen Construction Move raw water line 6900.00
2005 Pavement Improvements
US Bank Interest 30638.75
2005 Pavement Improvements – SS
Narloch Trucking Gravel – Larson driveway 120.00
*HOLD*Advanced Engineering Construction obs. – June, July, August 1148.85
Water Fund:
Otter Tail Power Electricity 195.10
Northern Water Works Supply Gaskets, pipe lube, bends, spring 431.04
Hawkins, Inc. Chlorine, fluoride, container charges,
Phosphate pump 1525.28
Nodak Electric Cooperative Electricity – Aquifer line 165.37
Super Service Socket set, pliers, misc. 133.75
Harriston Industries Cut off wheels 18.12
NDPERS Retirement 251.99
NDPERS Insurance 327.20
Henry Czapiewski Mileage, meals – Michigan workshop 57.90
9.25 hrs ST/HOL, 23.5 hrs OT 709.34
Polar Communications Aquifer line 121.43
Home of Economy Foam brushes 3.24
Simonson Lumber Paint supplies, door hardware 19.94
Menards Water meter work bench 56.62
Fargo Water Equipment Meters 291.87
Grafton True Value Clock, shovel 35.97
Sinclair Card Gas – pickups 304.33
Sam Shutt 18 hrs OT 415.26
Gladstone Inn & Suites Expo 62.99
Quill Printer cartridges 62.97
GR Graphics Copier 300.00
City of Minto Transfers for September 4518.43
ND Department of Health Testing contract 16.00
ND One Call, Inc. Locates 7.44
Minto Electric Lights 440.14
Qwest Aquifer line 65.69
Qwest Phone 50.43
Alltel Pickup phone 23.40
Minto Post Office Water billing postage 70.20
Henry Czapiewski Salary 2763.00
Sam Shutt Salary 2666.00
Sewer Fund:
Otter Tail Power Electricity 43.16
NDPERS Retirement 243.14
NDPERS Insurance 656.12
GR Graphics Copier 100.00
Sinclair Card Diesel – tractor 77.00
Lyle Niemann Salary 75.00
Kevin Kirkeby Salary 75.00
Garbage Fund:
GR Graphics Copier 100.00
Refuse Disposal Service Collections 2752.97
Withholding Fund:
NDPERS Insurance 238.26
Bank of Minto Tax deposit – September 1387.74
NDPERS Deferred comp contribution 75.00
ND State Tax Commissioner Quarterly tax deposit 349.41
There being no further business, on motion by H. Narloch, seconded by Schuster, carried. The meeting was adjourned. The next regular meeting will be held on November 5, 2007 at 7:00 PM. The Planning and Zoning Committee will meet on November 5, 2007 at 6:30 PM.
______________________________
Mayor
Attest: _____________________________
Auditor
Record of the minutes of a special meeting of the City Council of the City of Minto, Walsh County, North Dakota, held on October 22, 2007 at 7:30 PM at the Minto City Auditor’s Office.
Mayor John Riskey called the meeting to order. Present were Mayor John Riskey, Councilmen Lee Gudajtes, Brad Narloch, Heather Narloch, and Kevin Schuster.
The following petition for initiation of a city ordinance was presented and discussed:
INITIATION OF CITY ORDINANCE PROVIDING FOR: WHERE RENT AND UTILITY EXPENSES FOR CITY AUDITOR’S OFFICE SHOULD STAND ALONE, AND NOT BE USED TO HIDE OR CONCEAL OTHER EXPENSES FOR EITHER PUBLIC OR PRIVATE EXPENDITURES. EXPENDITURES FOR AUDITOR’S OFFICE SHOULD BE LIMITED TO NO MORE THAN $400 FOR RENT AND UTILITIES PER MONTH; NOT THE PROPOSED $700 (PLUS OR MINUS) AMOUNT PROPOSED BY THE CITY COUNCIL.
On motion by Schuster, seconded by Gudajtes, carried. Approved to set special election date.
Timelines for an election were discussed. On motion by Gudajtes, seconded by B. Narloch, carried. Approved to set special election for Tuesday, November 13, 2007.
There being no further business, on motion by Gudajtes, seconded by H. Narloch, carried. The meeting was adjourned. The next regular meeting will be held on November 5, 2007 at 7:00 PM. The Planning and Zoning Committee will meet on November 5, 2007 at 6:30 PM.
______________________________
Mayor
Attest: _____________________________
Auditor
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