Page 1 of 5
CITY OF TIOGA
City Commission Meeting Minutes
November 7, 2016
A meeting of the City Commission of the City of Tioga was called to order at 7:00 pm on November 7, 2016, at the Tioga City Hall, by President of the City Commission Drake McClelland.
PRESENT: Drake McClelland, John Grubb, Heather Weflen, Todd Thompson, Tim Sundhagen, Benjamin Johnson and Abby Salinas
ABSENT:
Guest: Dan Larson, Kevin Killough, Trevor Tharaldson, Matt Carns, Matt Ruhland, David Corey, Jennifer Christenson, Jeff Moberg, Larry McCulley, Dennis Lindahl, Chris Norgaard, Ray Crain, Ray Swegger
Sundhagen made a motion to approve the minutes of October 20, 2016, second by Weflen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Sundhagen made a motion to approve the minutes of October 20, 2016 for Public Hearing, second by Weflen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Commissioners Reports:
Weflen: None
Sundhagen: Advised Commission Board that Police Reserve Board met 11-2-16 and made an offer to the City of Tioga to purchase the equipment they can no longer use, in the amount of $7,000. Also advised that most of the equipment can be used for the Police Department.
Grubb made a motion to approve $7,000 for the purchase of equipment from the Police Reserve, Second by Sundhagen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Advised Commission Board would like to place 2 of the older Police cars, a 2009 and 2011 for sale. They are older vehicles and are no longer being used. Discussions held, option to sell to another small Police Department that can use the extra cars should be the first options because it would cost the City more money to remove the police equipment in order sell vehicles at a normal auction.
Sundhagen made a motion to approve the sale of the 2009 and 2011 Police Vehicles, Second by Weflen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Advised Commission Board would like to form a committee to interview for a Police Chief that will consist of Drake McClelland, Abby Salinas, Ben Johnson and himself.
Sundhagen made a motion to form an interview committee that will consist of Drake McClelland, Abby Salinas, Ben Johnson, and himself to hold interviews for Police Chief, Second by Weflen. Call: Ayes; Thompson, Sundhagen, Weflen, McClelland
Grubb: None
Thompson: None
McClelland: None
Modifications/Approval of Agenda:
Grubb made a motion to approve agenda with no changes, Second by Weflen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Old Business:
1. Legal – Benjamen Johnson - Advised Commission Board that Community Service Director Dan Larson and himself will be preparing a response letter to the owner of 42 Grill. Also advised Commission Board Annexation mediation took place, Hess made a presentation and the committee has 2 weeks to respond.
2. Ackerman-Estvold: Matt Carns – Advised Commission Board of construction on Welo is almost complete with the exception of seeding and punch list items. Handed exhibit pay request #7 in the amount of $23,494.11 from Wagner Construction
Weflen made a motion to approve pay request #7 From Wagner Construction in the amount of $23,494.11, second by Grubb. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Carns also handed exhibit of pay request #3 in the amount of $8,075.00 from Wagner Construction for Gilbertson Street
Grubb made a motion to approve the pay request #3 from Wager Construction in the amount of $8,075.00, second by Sundhagen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Carns also handed exhibit of change order #1 on Gilbertson for Fire hydrant and sewer failure in citizens residence for the amount of $18,000
Grubb made a motion to approve the change order #1 for Wager Construction on Gilbertson’s for fire hydrant and citizens sewer failure in the amount of $18,000, second by Thompson. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Annabelle will be addressed at a later agenda item
3. AE2S: Trevor Tharaldson –Advised Commission Board on the scheduled completion of the Water Tower.
Tharaldson also handed exhibit of pay request #13 in the amount of $188,500.00 from Landmark Construction for the Water Tower. Discussions held, Commissioner Weflen stated that there are unsatisfied residents due to the over spray, President of the Commission McClelland asked for a copy of all waivers that the residents signed due to overspray
Grubb made a motion to approve the pay request #13 from Landmark Construction in the amount of $188,500.00, second by Weflen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tharaldson also handed exhibit of pay request #14 in the amount of $83,070.00 from Landmark Construction for the Water Tower.
Sundhagen made a motion to approve the pay request #14 from Landmark Construction in the amount of $83,070.00, second by Grubb. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tharaldson handed exhibit of Substantial completion for Landmark Construction signed off by AE2S Engineering
Sundhagen made a motion to approve substantial completion from Landmark Construction for Water Tower as of October 3, 2016 with exception of punch list and SCADA system is incomplete, second by Weflen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
4. Rice Lake – Larry McCulley – handed Commission Board exhibit of pay request applications 8 and 9. City Attorney Johnson made a recommendation to Commissioners not to pay request for now until he completes reviewing all work and contracts, but Commissioners can proceed with substantial completion.
Sundhagen made a motion to table pay request #8 and #9 from Rice Lake Construction until November 22, 2016 at 5:30pm during a special meeting, second by Grubb. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
McCulley handed Commission Board exhibit of substantial completion signed off by Engineer firm AE2S to take under consideration. Discussions held about date of completion. Attorney Johnson stated that if the plant was just now accepted and substantially complete the City should not back date anything and put todays date on it.
Grubb made a motion to approve substantial completion from Rice Lake Construction for the Waste Water Treatment Plant as of November 7, 2016 with exception of punch list items, second by Weflen. Roll Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
5. Graham: Matt Ruhland – Advised Commission Board on status of construction for New City Hall items on punch list are being completed and will be reviewed by McClelland, Architect and Graham with a walk through to ensure it has been complete. Ruhland also advised Commission Board on the status of the Recycling Center and Dog Pound building occupancy is scheduled November 14, 2016.
6. Economic Development update – Dennis Lindahl –Presentation given to Commission Board. Advised Commission Board that Tioga EDC Mission Statement was redefined. Also gave Commission Board update on Community Center, Graham was selected as CMAR and EAPC was Selected as Architects. Gave Commission Board update that Drone Camp wins economic development award, and presented award to the Commissioners. Advised Commission Board that the Reissuance Zone Application, a resolution will need to be presented to Commissioners for consideration, then it will need to be published before turning the application into the State. Advised Commission Board that EDC is looking at a winter event that will involve training which will bring involvement from other Cities in North Dakota.
7. Nuisance Ordinance 2016-4 2nd Reading AN ORDINANCE T0 APPEND CHAPTER 22 OF THE REVISED ORDINANCES OF THE CITY OF TIOGA, RELATING TO NUISANCES BE IT ORDAINED BY THE CITY COMMISSION AND MAYOR OF THE CITY OF TIOGA NORTH DAKOTA: 22.0101 Declaration of Nuisances Generally
Thompson made a motion to approve 2nd reading of Ordinance 2016-4 Nuisances, second by Weflen. Call: Ayes; Thompson, Sundhagen, Grubb, Weflen, McClelland
8. Resolution 2016-14 Approval of Engineer Report - Resolution: #2016-14 Agenda Item: 8 Date: November 7, 2016 BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota A RESOLUTION APPROVING THE ENGINEER REPORT AND DIRECTING THE ENGINEER FOR THE CITY OF TIOGA TO PREPARE DETAILED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ANNABELLE SUBDIVISION IMPROVEMENT DISTRICT NO. 2016 – 01 BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota: RESOLUTION APPROVING ENGINEER REPORT AND DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS. 1. This governing body having received the engineer’s report as to the general nature, purpose and feasibility of the proposed improvement in and for ANNABELLE SUBDIVISION IMPROVEMENT DISTRICT NO. 2016 - 1, this report is hereby approved and the same shall be forthwith filed in the office of the City Auditor and shall remain on file in the City Auditor’s office subject to inspection by anyone interested therein. 2. The engineer planning the improvement is hereby authorized and directed to prepare detailed plans and specifications for construction of the improvement.
Weflen made a motion to approve reading of Resolution 2016-14 Approval of Engineer Report, second by Sundhagen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Salinas handed exhibit of Contract between City of Tioga and Ackerman-Estvold for Annabelle, Attorney Johnson recommends to table until he has Engineer firm make a new changes
Weflen made a motion to table signing of the contract until Attorney Johnson adds changes with Engineer firm, second by Sundhagen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
New Business:
9. Resolution: 2016-15 Agenda Item: #9 Date: November 7, 2016 BE IT RESOLVED, by the City Commission of the City of Tioga, Williams County, North Dakota: A PROPOSAL FOR THE AMENDMENT OF THE CITY HOME RULE CHARTER TO REMOVE ARTICLE 18.0103(3). Whereas; the City of Tioga, Williams County, North Dakota, is a municipal corporation, organized and existing under the laws so the State of North Dakota, which has adopted a Home Rule Charter, pursuant to the authority of N.D.C.C. Chapter 40-05.1 and; Whereas; pursuant to the authority of N.D.C.C. 40-05.1-07, the Board of City Commissioners wish to propose an amendment to the Home Rule Charter of the City that would remove the twenty-five dollar ($25.00) cap on the one percent (1%) sales, gross receipts and use tax. NOW THEREFORE, BE IT RESOLVED, by the Board of City Commissioners of the City of Tioga, North Dakota, as follows: That Article 18.0103(3) be amended as follows: Any sales tax imposed shall not exceed one percent (1%) of the gross retail sales. nor shall the tax exceed twenty-five dollars ($25.00) on any single purchase or sales transaction involving one or more items. BE IT FURTHER RESOLVED, by the Board of City Commissioners of the City of Tioga, North Dakota, that this Resolution be published in the official city newspaper within thirty (30) days of approval here of or sixty (60) days prior to the next city election, whichever is earlier. 1. BE IT FURTER RESOLVED, by the board of the Commissioners of the City of Tioga approves City Auditor Abby Salinas, to proceed with the process of a special election for the vote of removing the sales tax cap of $25.00 to the people of Tioga.
10. Tioga Fund Applications - Tioga Fund Committee made a recommendation for Commission Board to approve application from Families and Teachers for Central FAT-C in the amount of $1,000.00 to help with startup funds for school and class projects
Grubb made a motion to approve Tioga Fund Application in the amount of $1,000 from FAT-C, second by Weflen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tioga Fund Committee made a recommendation for Commission Board to approve application from EDC in the amount of $48,000.00 to continue with the contracted services for a consultant for economic development
Grubb made a motion to approve Tioga Fund Application in the amount of $48,000 from EDC, second by Thompson. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tioga Fund Committee made a recommendation for Commission Board to approve application from EDC in the amount of $100,000.00 to assist with the initial startup process of the new Community Center
Thompson made a motion to approve Tioga Fund Application in the amount of $100,000 from EDC, second by Grubb. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tioga Fund Committee made a recommendation for Commission Board to approve application from EDC in the amount of $15,000.00 for operation cost. Discussions held in regards to other options to save money.
Sundhagen made a motion to approve Tioga Fund Application in the amount of $15,000 from EDC, second by Weflen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
Tioga Fund Committee made a recommendation for Commission Board to approve application from EDC in the amount of $15,000.00 to hire a lobbyist for assistance during the legislative session only
Grubb made a motion to approve Tioga Fund Application in the amount of $15,000 from EDC, second by Weflen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
11. Local Charity Permit Applications – Salinas handed exhibit of Application for Bingo from White Earth Valley Saddle Club
Sundhagen made a motion to approve Application for Bingo from White Earth Valley Saddle Club, Second by Thompson. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
12. R & R Tree Service – Ray Crain – Advised Commission Board that R & R Tree Service would like to provide the City of Tioga a service by trimming all the trees around the City, it would be for safety and esthetic reasons, cost will be $35,000
Weflen made a motion to table this until she speaks with the Street Superintendent to ensure it’s something the City needs at this time, Second by Sundhagen. Call: Ayes; Thompson, Sundhagen, Weflen, McClelland
13. AE2S Bill – Discussions held, Salinas advised Commission Board that she reviewed invoice breakdown and although she does not agree with the cost it is per contract. Advised Commissioners they need have a better understanding of contracts and price agreements before signing.
Grubb made a motion to approve AE2S Bill for September 2016, Second by Sundhagen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland
14. Salinas handed exhibit to Commission Board of City of Tioga Payroll for November 5, 2016
Thompson made a motion to approve Payroll for November 5, 2016, second by Sundhagen. Call: Ayes; Thompson, Grubb, Sundhagen, Weflen, McClelland