January 7, 2008
A regular meeting of the Burlington City Council was held January 7, 2008. Present were Jerome Gruenberg, Mayor, Diane Fugere, Auditor, Councilmen Tim Hoff& Guy Smestad. Also present wasKeith Crabb, Clint Cogdill, Delvin Stemen and Ron Almquist.
Smestad moved to approve the minutes of the December 3, 2007 meeting, Hoffseconded and motion carried unanimously.
Hoffmoved to approve all bills and payroll, Smestadseconded and motion carried unanimously.
Chief Crabb reported receiving a grant from the ND Highway Patrol for $2000.00 for underage drinking enforcement.
Discussion followed with regard to the sewer backup into the basement at 9 2nd Ave. A claim was filed with the city insurance agent for cleanup, but was denied by the insurance adjustor. Clint asked council to consider paying for cleanup as the backup was due to blockage in the sewer main. Delvin informed council that there were problems in that area some years past. With this information, Council agreed that the city should be responsible for cost of cleanup, however, asked that we contact our insurance agent to reconsider the claim. Hoff moved to resubmit the claim to the city’s insurance company and pay the bill from CleanTech for $930.73, Smestad seconded and motion carried on a unanimous roll-call vote. Mr. Bouchard mentioned to Clint that some clothing was ruined due to the backup also and he was asking $150.00 to cover that expense. Mayor Gruenberg asked Clint to get a bill from Bouchard to present at the next council meeting.
Clint gave council the bids on installing the ceiling in the community room. Low bid was from Fargo Glass:
Ceiling 3397.00
Heating2500.00
Lights 4230.00
Total 10,127.00
Clint was asked to get more bids on the heating and electrical and report back at the next regular meeting.
Ron Almquist appeared before council with a new plat of the Peace Lutheran Cemetery to correct an old discrepancy in land ownership between the township and the church. After discussion and review of the plat, Smestad moved to approve the plat as presented, Hoff seconded and motion carried on a unanimous roll-call vote.
Diane reported the Municipal Finance Officers Academy is scheduled for March 25-27th in Bismarck.
The contingency for the Street Improvement District fund is $50,612.61. Council approved purchasing a CD for $40,000.00 for a term of 1 year with these funds.
Diane reported two seats on the Planning Commission will expire on February 1, 2008; Darla Jost and JD Karhoff. As JD Karhoff is not interested in being reappointed, Mayor Gruenberg instructed Diane to put the vacancy on the access channel for 10 days and appointments will be made at the February meeting. Because Darla Jost is residing outside city limits, her appointment would be made through Ward County.
Interviews for the position of police officer were set for Tuesday, January 15 at 7:30. Chief Crabb reported having received three applications.
Discussion followed regarding Chief Crabb using his personal vehicle for a trip to Surplus Property in Bismarck and filling his gas tank using the city credit card. Smestad informed council he had given Officer Crabb permission to do this type of thing some time ago. Council instructed employees they need to take their city vehicle for city business and they must get permission from council before a purchase. Reimbursement of that gas purchase was made by Crabb.
Council reviewed a letter from James Johnson disputing the paving special on his property at Olt 2 SW less right-of-way, Johnson 1 & 2, Olt 3 & 34; por Ask Addn & Durango Hills S1-155-84. No action was taken.
There being no further business to come before the board, Smestad moved to adjourn, Hoffseconded, motion carried.
Respectfully submitted,
______
Diane Fugere, AuditorJerome Gruenberg, Mayor
February 5, 2008
A regular meeting of the Burlington City Council was held February 5, 2008. Present were Jerome Gruenberg, Mayor, Diane Fugere, Auditor, Councilmen Wayne Walter, Tim Hoff, Jack Anderson & Guy Smestad. Also present were Keith Crabb, Clint Cogdill, Delvin Stemen, Rob Berard and Jeannie Issel.
Hoff moved to approve the minutes of the January 7, 2008 meeting, Smestad seconded and motion carried unanimously.
Smestad moved to approve all bills and payroll, Hoff seconded and motion carried unanimously.
Clint presented bids for installation of ceiling in the community room:
ElectricalBurlington Electric4230.00
Larson Electric2400.00
HeatingTriple AAA2500.00
Kipps Heating2440.00
Groves Heating2007.53
CeilingFargo Glass3397.00
Jack Anderson3295.00
Smestad moved to approve the bid for the electrical work to the low bidder, Larson Electric, Anderson seconded and motion carried on a unanimous roll-call vote.
Smestad moved to approve the bid for the heating work to the low bidder, Groves Heating, Anderson seconded and motion carried on a unanimous roll-call vote.
Hoff moved to approve the bid for ceiling work to the low bidder, Jack Anderson, Smestad seconded and motion carried on a unanimous roll-call vote – Hoff – yes; Smestad – yes; Gruenberg – yes; with Anderson abstaining.
Mayor Gruenberg informed Public Works Director Clint Cogdill that he is the inspector on this project.
Council reviewed estimates totaling $67,969.00 from Larsco to replace the media. This amount does not include freight or removal of the old media. Clint is checking on freight options. Council reviewed section 40-33-16 of NDCC regarding the city contracting for purchase of water. Any such contract must be authorized by an ordinance submitted to the voters for majority approval. Clint was asked to get this information to Engineer Ryan Ackerman and ask him to contact NAWS to see if we can get a firm price for purchase of water.
Clint reported a couple of water breaks being repaired.
Officer Crabb addressed council to request permission for the following purchases:
-Earpiece for Sgt. Snodgrass’ cell phone
-Paint for police office
-Rubber floor tile for police office
-Laptop mount for Durango
Smestad moved to approve the purchase of the paint, Hoff seconded and motion carried on a unanimous roll-call vote. Smestad moved to approve the purchase of the earpiece up to $60.00, Walter seconded and motion carried on a unanimous roll-call vote.
Officer Crabb was asked to get an estimate on the floor tiles for the next meeting.
Walter moved to designate United Community Bank, Burlington as the city’s financial institution, Anderson seconded and motion carried unanimously.
Diane reported the open position on the Planning Commission was advertised on the access channel during January with no inquires made to the auditor. Walter moved to approve the appointment of Jerry Moberg and reappointment of Darla Jost, Hoff seconded and motion carried on a unanimous roll-call vote. As Darla Jost is now residing outside the city limits she must be appointed by the CountyCommission.
Diane reported pledged securities are adequate to cover our investments.
Rob Berard of Ackerman-Estvold appeared before council to report on the preliminary plat of Olt 20, 23 and a portion of Johnson Street right of way, Sec 2-155N-84W, replatting into Lots 1, 2 3, Fire Station Addition, lot 1 being the site of the new fire hall. A new preliminary plat will be presented at the next regular meeting for council action.
Jeannie Issel attended to ask council what could be done about neighbor’s dogs defecating in her yard. She was asked to complete a Citizens Report and the police department will pursue the matter.
Diane presented the ND Dept. of Health Lab Contract for renewal. Smestad moved to renew, Walter seconded and motion carried unanimously.
Discussion followed regarding the letter from James Johnson protesting the Street Improvement Special Assessment on parcel #BN010099000020. Per his correspondence dated December 29, 2007, he agreed to the annexation of his property to the City of Burlington to assist in Brooks Addition in having access to city water lines. He feels there has never been any benefit to him by having this parcel in the city. Smestad moved to reimburse specials paid and forgive the remaining balances on the water tank and street improvement accounts. Motion died for lack of a second. Smestad moved to reimburse all payments and principal balance on the street improvement account. Motion was withdrawn. Anderson moved to forgive only the unpaid balances on the street improvement and water tank accounts, Smestad seconded and motion carried on a roll-call vote: Anderson – yes; Smestad – yes; Walter – yes, Hoff – no.
Smestad again addressed council asking to have one street improvement special assessment forgiven on his property located at Lots 5 & 6, Block 2, Coltons 4th Addition. No action was taken.
Council reviewed the City Employee Policy. Anderson moved as follows:
Remove:“For those employees who are covered by a spouse’s insurance policy, the City will reimburse to the employee the equivalent of the amount paid toward a single policy plan. This reimbursement will be considered taxable income and is subject to FICA withholdings. The City will determine from time- to-time what the value of this benefit will be.”
Add:If an employee does not take the health insurance benefit, the cash equivalent will not be paid to the employee, effective immediately, Hoff seconded and motion carried on a roll-call vote, Anderson – yes; Hoff – yes; Smestad – no; Walter – yes.
Anderson moved to accept all other changes to the employee policy as reviewed, Smestad seconded and motion carried on a unanimous roll-call vote.
There being no further business to come before the board, Smestad moved to adjourn, Hoff seconded, motion carried.
Respectfully submitted,
______
Diane Fugere, AuditorJerome Gruenberg, Mayor
March 3, 2008
A regular meeting of the Burlington City Council was held March 3, 2008. Present were Wayne Walter, Council President, Diane Fugere, Auditor, Councilmen Tim Hoff, Jack Anderson & Guy Smestad. Also present were Keith Crabb, Dennis Snodgrass, Clint Cogdill, Ryan Schwandt & Roger Kluck.
Anderson moved to approve the minutes of the February 4, 2008 meeting, Hoff seconded and motion carried unanimously.
Hoff moved to approve all bills and payroll, Anderson seconded and motion carried unanimously.
The walls in the community room have large cracks that need repair as well as paint throughout the room. Jack Anderson Construction gave council an estimate of $2000.00 to tape, texture and paint the room. Smestad moved to approve Jack Anderson Construction going forward with these repairs, Hoff seconded and motion carried on a unanimous roll-call vote with Jack Anderson abstaining.
Officer Crabb informed council that he was not eligible for the City’s health insurance until the anniversary date of December 1, 2008. Therefore, he asked the city to reimburse him the amount they pay each month for coverage under his wife’s policy through her employer. Anderson indicated the city would need a copy of a pay stub to verify the employee’s share and that the employee should not be reimbursed more than their share of health insurance. Smestad moved to reimburse health insurance to the police department employees according to the amount deducted from wife’s paycheck to a maximum of the amount of a single policy through the City of Burlington, Hoff seconded and motion carried on a unanimous roll-call vote.
Officer Crabb informed council of a 3-day schooling he will be attending in Bismarck.
Bill Preston appeared before council with a business license application for a collision and restoration shop.
Plans are to add on to the beauty shop on Johnson Street, which is owned by Bill’s wife Carla. After discussion about necessary parking spaces, Bill was asked to contact Rod Schwandt to complete a building permit application.
Rob Berard presented council with a preliminary plat of Fire Station Addition, replatting outlots 20, 21, 22 & 23 into Lots 1, 2 & 3. Anderson moved to approve, Hoff seconded and motion carried on a unanimous roll-call vote.
Engineer Ryan Ackerman asked council about going forward with an RV Dump to be located across from the new fire hall. After discussion, council gave permission to get estimates and bids.
There has been no further information from NAWS per Ackerman.
Council reviewed a proposed ordinance addition as follows:
Section 8-105.2 Limitation of number of animals; NO PERSON SHALL HARBOR OR KEEP MORE THAN A COMBINATION OF 4 DOGS OR CATS WITHIN ANY HOUSEHOLD LOCATED IN THE CITY OF BURLINGTON. Smestad moved on 1st reading to approve, Anderson seconded and motion carried on a unanimous roll-call vote.
Anderson moved on 1st reading to amend the motion to read:
Section 8-105.2 Limitation of number of animals; No person shall harbor or keep more than a combination of 4 dogs or cats within any household located in the City of Burlington. New litters have 16 weeks from date of birth to be given away, or adopted out, Smestad seconded and motion carried on a unanimous roll-call vote.
Council reviewed a proposed ordinance change as follows:
Section 12-102. Members Appointed: The Planning commission shall consist of up to six (6) members; four of whom shall be appointed by the Mayor and confirmed by the City Council by a majority vote thereof. Two members shall be appointed by the Ward County Commissioners pursuant to NDCC 40-48-03. In addition, the Mayor, City Engineer and the City Attorney shall be ex-officio members of the Planning Commission. Anderson moved on 1st reading to approve, Hoff seconded and motion carried on a roll-call vote: Anderson – yes, Hoff – yes, Smestad – no.
Discussion followed about purchasing a new shredder. The old one gets hot and stops working very frequently.
Council asked that the police department and the public works director take old records to the landfill and witness the disposal by burying.
There being no further business to come before the board, Smestad moved to adjourn, Hoff seconded, motion carried.
Respectfully submitted,
______
Diane Fugere, AuditorWayne Walter, Council President
April 7, 2008
A regular meeting of the Burlington City Council was held April 7, 2008. Present were Jerome Gruenberg, Mayor, Diane Fugere, Auditor, Councilmen Tim Hoff, Jack Anderson & Guy Smestad. Also present were Dennis Snodgrass, Clint Cogdill, Cindy Bader, Delvin Stemen, Ryan Ackerman, Getzlaffs, Prestons, Rob Berard and Joann Kemaldean.
Smestad moved to approve the minutes of the March 3, 2008 meeting, Hoff seconded and motion carried unanimously.
Hoff moved to approve all bills and payroll, Smestad seconded and motion carried unanimously.
Clint asked council about using hot tar for street sealing this year instead of cold tar as it lasts approximately 3 years. Cost is about .50c per foot. Council asked Clint to get more estimates.
Diane informed council that 40-45 trees have died along the railroad tracks and need to be replaced per the tree grant requirement. The cost to replace these trees is approximately $2,500.00. Anderson moved to approve replacing these trees, Hoff seconded and motion carried on a unanimous roll-call vote.
Dennis updated council on repairs needed to the Crown Vic; serpentine belt, oil cooler line and ball joints. Council approved getting these repairs made.
Cindy Bader appeared before council to update them on court hours and discuss disposal of old court files. After discussion, council decision was to take the old court files to the vocational workshop in Minot.
Jean Kemaldean requested free use of the community room for a benefit for a Ward County Family. Hoff moved to approve free use of the hall with a refundable $200.00 damage deposit,Smestad seconded and motion carried unanimously.
Bill and Carla Preston presented a business application to council for a body shop business to be built on to the Beauty Shop building. Councilman Anderson informed council and the Prestons of issues with odor from solvents and paint overspray. Bill was asked to contact First District Heal Unit regarding these issues and attend the next city meeting.
Hoff presented the following building permits to council:
#535Royal Byre76x30 Home$328.00
#537Terry Getzlaff68x26 Home$370.00
Anderson moved to approve permits, Smestad seconded and motion carried unanimously.
Rob Berard presented a proposed plat of Rowan Addition (Olt 19, less Olts 22, 23 and Valley Avenue West, Section 2, Township 155 North, Range 84 West subdividing it into 28 lots; rezoning to R-3; General Residence District and requesting a variance on front footage from 85’ to 80’ and minimum lot size from 8500 square feet to 7500 square feet. Smestad moved on FIRST READING TO REZONE OLT 19 LESS OLTS 22, 23 AND VALLEY AVE W., SEC 2, TWP 155N, RG 84W; R-3; GENERAL RESIDENCE DISTRICT, Anderson seconded and motion carried on a unanimous roll-call vote.
Smestad moved to approve Rowan Addition plat with variances granted by the Burlington Planning Commission, contingent on R-3 zoning approval on second reading, Hoff seconded and motion carried on a unanimous roll-call vote.