Record of the minutes of a regular meeting of the City Council of the City of Minto, Walsh County, North Dakota, held on September 10, 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 Lee Gudajtes, Brad Narloch, Heather Narloch, and Kevin Schuster.
Open petitions from the public were heard.
Melvin Tibert and Mark Tibert discussed the fence posts along the Minto Grain property line. They would like the posts removed since a building permit was not issued for the placing of them. They would also like the rubbish behind one of the quonsets removed.
Minutes from the regular meeting held on August 6, 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:
The City will be pursuing liquidated damages against Civil Contracting and the city employees will finish the landscaping work that needs to be done.
It was noted that boats and campers need to be moved off of the streets and off of city-owned property. Also, alleys cannot be blocked.
Animal Warden:
It was noted some of the dogs there are complaints about have not been licensed to be in the City of Minto. Letters to have these dogs licensed will be sent out.
Planning & Zoning:
The following building permit applications were discussed:
- Sam Shutt, 528 6th Street – Install concrete slabs by garage and storage shed. On motion by H. Narloch, seconded by Schuster, carried. Approved building permit.
- Henry Czapiewski, 229 Major Avenue – Reshingle house. On motion by H. Narloch, seconded by Gudajtes, carried. Approved building permit.
- Gert Hewitt, 421 Harvey Avenue – Reshingle house. On motion by Schuster, seconded by Gudajtes, carried. Approved building permit.
- Mark Tibert, 137 Harvey Avenue – Install security light on alley side of building. On motion by H. Narloch, seconded by B. Narloch, carried. Approved building permit.
B. Narloch presented a proposal to purchase property from the City of Minto and build the Minto Community Center on it. On motion by Schuster, seconded by Gudajtes, carried. Approved to sell Lots 5-9, Block 17, Original Townsite to the Minto Community Center and to approve building permit. B. Narloch also presented a proposal for compensation to the Minto Community Center from the City for office space. On motion by Schuster, seconded by Gudajtes, carried. Approved to provide the lots, the special assessments and $750/month lease payment for dedicated City office space and use of building for City functions. A legal document will be drawn up to document this agreement.
B. Narloch has requested AE2S to calculate how much it costs the City to produce a gallon of water at this time.
Public nuisance issues were discussed. The City will clean up the lots along Highway 15 by 7th Street. Letters will be sent to Mark Schockley, Brian Wysocki, Reginald Kosmatka, James Curtis, and Minto Grain. Allen Gerszewski will be sent a letter reminding him his permit for a wood burner was denied.
Several people have shown interest in a housing project. The Minto Housing Authority will be meeting on Thursday, September 27.
The City has sent a subscription for the Walsh County Record to our Sister City, the Town of Minto, Ontario, Canada. There is a link on the Town of Minto’s website that is dedicated to the sister city relationship.
Most of the cleanup work in the coulee has been completed. Gudajtes will check into getting a scraper in to clean out the bottom of the channel and slope the sides for easy maintenance from Highway 15 to Harvey Avenue and to fix the washout on the south side of Harvey Avenue.
The rough estimate to install four RV hookups on a city owned lot is $7500. B. Narloch will talk to adjacent property owners.
Minto will have a 125th Anniversary Celebration on July 25-27, 2008. The next meeting of the committee is on September 19, 2007.
A bid from Maguire Iron to repaint the water tower in 2009 or 2010 was reviewed. No action was taken.
The 2008 Budget was presented for review. On motion by B. Narloch, seconded by H. Narloch, carried. Approved the first reading of the 2008 Budget.
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.
On motion by Schuster, seconded by Gudajtes, carried. Approved the first reading of Ordinance #183.
A proposal for a refurbished photocopier from GR Graphics was reviewed. On motion by Schuster, seconded by Gudajtes, carried. Approved to purchase the refurbished photocopier from GR Graphics or a comparable machine in the same price range from another vendor.
The monthly bills were presented and discussed. On motion by Schuster, seconded by Gudajtes, carried. Approved to hold the billing for Advanced Engineering until all work is finished satisfactorily. Approved for payment:
General Fund:
Hodny Currie Lawyers Review Housing Authority info. 30.00
Otter Tail Power Whiteway 283.24
Office 45.72
NDPERS Retirement 144.46
NDPERS Insurance 659.44
Walsh County Treasurer Policing Contract 985.50
Tami Ulland 5 hours 73.34
Stanley Zolondek Salary – August 1112.00
Expense Account Sales Mowing 643.50
Michael Shutt Salary – 13.5 hours 108.00
Jerry Misialek Office rent 250.00
Richway Industries LTD Weed sprayer marker 292.92
Qwest Office, fax 109.42
Farm Plan Lawn mower belt 117.96
Tami Ulland Salary 1584.00
Kevin Schuster Salary 195.00
Brad Narloch Salary 195.00
John Riskey Salary 375.00
Lee Gudajtes Salary 195.00
Heather Narloch Salary 195.00
Highway Fund:
Farmers Union Oil Co. Diesel, oil – sweeper 107.01
Narloch Trucking Dirt 12.00
Super Service Bucket, funnel 3.44
NDPERS Retirement 243.14
NDPERS Insurance 656.12
Home of Economy Utility pump 124.99
Hansons Auto Tractor parts 19.20
Menards Spray tip, rags 43.40
Sinclair Card Diesel – tractor, air compressor 52.10
Sam Shutt 450 gallon water tank 439.47
Diamond Vogel Paint 144.80
Social Security Fund:
Bank of Minto Tax deposit – August 753.63
Advertising Fund:
Morgan Printing 1 year subscription to Town of Minto 125.00
Morgan Printing Minutes – June 95.95
Street Lights Fund:
Otter Tail Power Street Lights 635.24
Forest/Snow Removal/Insect Control Fund:
SOS Yard & Tree Care Remove tree – Gerszewski, Feltman 450.00
Community Message Center Fund:
Otter Tail Power Electricity 23.16
Qwest Phone line 40.80
Water Plant and Pipeline Replacement:
Northern Water Works Supply PVC pipe, bends, couplings 4368.41
2005 Pavement Improvements – SS
Narloch Trucking Dirt – shoulders 288.00
*HOLD*Advanced Engineering Construction observation – June, July 564.60
Water Fund:
Otter Tail Power Electricity 222.53
Northern Water Works Supply Baskets, meter parts 1086.99
Hawkins, Inc. Parts for phosphate pump, cont. charge 71.00
Nodak Electric Cooperative Electricity – Aquifer line 216.07
Farmers Union Oil Co. Summer fill propane, air truck 296.71
Propane pre-pay (4000 gallons) 6895.20
Super Service Miscellaneous 64.77
Harriston Industries Pressure gauge, black pipe, fittings 58.74
Minto Electric Fluorescent lights 151.20
NDPERS Retirement 251.99
NDPERS Insurance 327.20
Henry Czapiewski Mileage, meals – Utility Expo 182.10
6.75 OT 161.39
Polar Communications Aquifer line 121.43
Home of Economy Hose, fittings 44.13
ND Department of Health Testing contract 16.00
Hansons Auto Pickup oil filter, mud flaps 36.48
Lunseth Plumbing Pressure gauge 18.00
Grafton Auto Electric Creeper 34.99
ND One Call, Inc. Locates 13.64
Fargo Water Equipment Meters, gaskets 629.15
Sinclair Card Gas – pickups 409.19
Sam Shutt 8.75 ST, 3 OT 203.79
Acme Electric Generator 2499.99
Cindy Gornowicz Refund 14.85
Myron Fenner Refund 55.41
Lauri Hanson Refund 47.92
City of Minto Transfers for August 4586.44
Qwest Aquifer line 65.69
Qwest Phone 55.10
Alltel Pickup phone 23.43
Minto Post Office Water billing postage 75.00
Henry Czapiewski Salary 2763.00
Sewer Fund:
Otter Tail Power Electricity 75.85
Harriston Industries Hose clamp 11.60
Grand Forks Utility Billing Lagoon samples 109.50
Roto Rooter Jet-vac sewer mains 575.00
1st Mechanical Construction LLC Scope sewer main 375.00
Sam Shutt Salary 2666.00
Lyle Niemann Salary 75.00
Kevin Kirkeby Salary 75.00
Garbage Fund:
Refuse Disposal Service Collections 2752.97
Withholding Fund:
NDPERS Insurance 238.26
Bank of Minto Tax deposit – August 1454.87
NDPERS Deferred comp contribution 75.00
Mayor Riskey congratulated Henry Czapiewski and Sam Shutt for receiving the Fluoridation Award from the North Dakota Department of Health.
There being no further business, on motion by Gudajtes, seconded by Schuster, carried. The meeting was adjourned. The next regular meeting will be held on October 1, 2007 at 7:00 PM. The Planning and Zoning Committee will meet on October 1, 2007 at 6:30 PM.
______________________________
Mayor
Attest: _____________________________
Auditor
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