The Burlington City Council Held Their Regular Meeting January 5, 2015. Present Were: Jerome
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January 5, 2015 The Burlington City Council held their regular meeting January 5, 2015. Present were: Jerome Gruenberg, Rod Kremer, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Diane Fugere, Jack Anderson, Keith Crabb, Patrick Samson, Amanda and several area residents.
Casavant moved to approve the minutes of the December 5, 2014 meeting, Kremer seconded and motion carried on a unanimous roll-call vote.
Kabanuk moved to approve bills and payroll as presented, Casavant seconded, motion carried on a unanimous roll-call vote.
Jack asked about disposing of the air compressor and the generator in the shop as they don’t work. Permission was given.
Jack asked about purchasing a steam cleaner for the shop. He was asked to get estimates for the next meeting
Jack informed council the public works department is willing to change oil and wash the city patrol units.
Jack asked about using Preferred Controls to service the city’s control panels as they are a local company. Council approval was given.
Diane presented the lab contract renewal from the ND Dept of Health, Casavant moved approve renewal, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Diane asked permission to write off outstanding check #16953 in the amount of $26.62 payable to Adam Smith in June 2014 for a water bill refund. Kabanuk moved to approve, Casavant seconded and motion carried on a unanimous roll-call vote.
Amanda Schooling appeared before council to present three proposed address changes for 911 emergency response purposes. Kremer moved to approve address changes as presented, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Kremer moved to approved on 2nd reading; SECTION 8-123. DEFINITIONS : FOR THE PURPOSE OF THIS ARTICLE, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM BY SECTION: ADD: VICIOUS ANIMAL: "VICIOUS ANIMAL" MEANS: ANY ANIMAL THAT, WHEN UNPROVOKED, IN A VICIOUS OR TERRORIZING MANNER, APPROACHES ANY PERSON IN APPARENT ATTITUDE OF ATTACK UPON THE STREETS, SIDEWALKS, OR ANY PUBLIC GROUNDS OR PLACES; ANY ANIMAL WITH A KNOWN PROPENSITY, TENDENCY, OR DISPOSITION TO ATTACK UNPROVOKED, TO CAUSE INJURY, OR TO OTHERWISE ENDANGER THE SAFETY OF HUMAN BEINGS OR DOMESTIC ANIMALS; ANY ANIMAL THAT BITES, INFLICTS INJURY, ASSAULTS, OR OTHERWISE ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL WITHOUT PROVOCATION ON PUBLIC OR PRIVATE PROPERTY; OR ANY ANIMAL OWNED OR HARBORED PRIMARILY OR IN PART FOR THE PURPOSE OF ANIMAL FIGHTING OR ANY ANIMAL TRAINED FOR ANIMAL FIGHTING. SECTION 8-127. VICIOUS ANIMALS DECLARED NUISANCE : ANY ANIMAL, WHICH SHALL, WITHIN THE CITY, BITE ANY PERSON, WHEN THE PERSON SO BITTEN WAS NOT, AT THE TIME TRESPASSING ON OR INJURING THE PERSON OR PROPERTY OF THE OWNER OR KEEPER OF SUCH ANIMAL, IS HEREBY DECLARED A VICIOUS ANIMAL. ANY DOG WHICH WHEN UNPROVOKED, IN A VICIOUS OR TERRORIZING MANNER APPROACHES ANY PERSON IN APPARENT ATTITUDE OF ATTACK UPON THE STREETS, SIDEWALKS, OR ANY PUBLIC GROUNDS OR PLACES IS HEREBY DECLARED A VICIOUS ANIMAL. ANY DOG WITH A KNOWN PROPENSITY, TENDENCY OR DISPOSITION TO ATTACK UNPROVOKED, TO CAUSE INJURY OR TO OTHERWISE ENDANGER THE SAFETY OF HUMAN BEINGS OR DOMESTIC ANIMALS IS HEREBY DECLARED A VICIOUS ANIMAL. THE VICIOUS ANIMAL SHALL BE IMMEDIATELY REMOVED FROM THE CITY EITHER BY THE OWNER OR BY THE POLICE DEPARTMENT WHO WILL PLACE THE ANIMAL INTO THE CITY POUND, AT THE OWNER’S EXPENSE, UNTIL THE CASE IS HEARD ON THE NEAREST COURT DATE. IF THE ANIMAL IS DEEMED VICIOUS AT COURT, THE OWNER MUST PERMANENTLY REMOVE THE ANIMAL FROM THE CITY OR HAVE THE ANIMAL DESTROYED, AT THE OWNER’S EXPENSE, Hoover seconded and motion carried on a unanimous roll-call vote.
Kabanuk moved to designate United Community Bank, Burlington as the city’s financial institution, Kremer seconded and motion carried unanimously.
Council reviewed sample “time off request” forms. Kremer asked Diane to use the appropriate form to be used by all employees. Kabanuk moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote.
Diane requested approval to transfer $570.32 to the Ergo Grant Fund from the Enterprise Fund to cover the city’s share.
Check 17463 Jeanine Kabanuk 207.79 # Payee Net 17464 Daryn Hoover 207.79 17419 Circle Sanitation 4,530.25 17465 K Letvin Benefit Fund 225.00 17420 MDU 296.60 17466 NDPERS 2,378.24 17421 One Call 23.10 17467 Prudential 30.42 17422 Farmers Union Oil Co 884.17 17468 Bob Ziebarth 1,114.91 17423 Novaks 179,564.09 17469 void 0.00 17424 Avenet 450.00 17470 Bob Ziebarth 1,114.91 17425 Doubek, Josh 74.52 17471 Circle Sanitation 4,556.25 17426 Verendrye Electric 195.00 99923 IRS 3,075.39 17427 Verizon 15.02 99924 IRS 652.83 17428 Weintegrate, LLC 255.42 17472 ND State Tax Comm 692.00 17429 Verizon 80.02 17473 Ackerman Estvold 10,290.00 17430 Verendrye Electric 49.00 17431 Jack Anderson 1,552.96 17474 ACME 34.99 17432 Mary Brookes 950.20 17475 BCBS 2,451.20 17433 Jayden Casavant 757.40 17476 Burlington Electric 90.00 17434 Keith Crabb 1,572.91 17477 Custom Garage Works 330.00 17435 Diane Fugere 1,575.12 17478 Dakota Fluid Power 52.50 17436 Tanner Holte 126.06 17479 First District Health Unit 120.00 17437 Rod Schwandt 92.35 17438 Rod Schwandt 92.35 17480 Gaffaneys 61.18 17438 Bob Ziebarth 1,403.85 17481 Home of Economy 39.98 99924 IRS 2,812.56 17482 ITD 50.00 17440 Xcel Energy 19.99 17483 Larsco 382.50 17441 UNUM 55.30 17484 Lowes Printing 149.45 17442 Burlington Post Office 117.00 17485 MACS 6.00 17443 Austin, Tyler 35.55 17486 MDU 478.14 17444 Xcel Energy 726.11 17487 Menards 20.68 17445 Xcel Energy 22.28 17488 Minot Daily 106.26 17446 Taser International 1,294.07 17447 AFLAC 173.08 17489 Minot Vet Clinic 116.00 17448 Keller Paving 140,000.00 17490 MFOA 30.00 17449 Visa 1,109.25 17491 NAPA 20.74 17450 Little Falls Machine Inc 432.49 17492 NDLC 480.00 17451 Sundre Sand & Gravel 545.64 ND State Water 17452 Jack Anderson 1,412.96 17493 Commission 5,168.68 17453 Mary Brookes 950.20 17494 OK Automotive 125.00 17454 Mary Brookes 184.70 17495 One Call 4.40 17455 Jayden Casavant 816.44 17496 Pringle & Herigstad 1,887.50 17456 Keith Crabb 1,582.06 17497 SRT 685.12 17457 Diane Fugere 1,575.12 17498 Sweeney Controls 729.80 17458 Codie Miller 385.40 17499 UCB 3,800.00 17459 Delvin Stemen 322.22 17460 Bob Ziebarth 1,403.85 17500 US Bank 875.00 17461 Jerome Gruenberg 221.64 17501 Verendrye Electric 200.00 17462 Brett Casavant 249.34 17502 Ward Co Auditors Office 50.00 17503 Xcel Energy 2,388.74 Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor
February 2, 2015 The Burlington City Council held their regular meeting February 2, 2015. Present were: Jerome Gruenberg, Rod Kremer, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, Patrick Samson, Amanda Schooling and several area residents.
Casavant moved to approve the minutes of the January 5, 2015 meeting, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Kremer moved to approve bills and payroll as presented, Hoover seconded, motion carried on a unanimous roll- call vote.
Clerk of Court, Lynn Brooks, asked permission to write off old bench warrants from 2006 and 2007. After review, Kabanuk moved to approve write offs, Kremer seconded and motion carried on a unanimous roll-call vote.
Jack presented an estimate from Hotsy Equipment Company totaling $4435.00. Kremer moved to approve purchase, Casavant seconded and motion carried on a unanimous roll-call vote.
Jack presented an estimate for a 16x16 shelter for salted sand. Council asked for 2 more estimates.
Diane asked permission to apply for a tree grant to replace the diseased trees on Railway Avenue. Council approval was given.
Council reviewed an estimate from Computech to replace the public works computer system. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane presented an estimate totaling $2000.00 to have the city hall and city office painted. Kabanuk moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote.
Engineer Patrick Samson reported $40,000 still due from Davis Holdings on Harvest Heights Addition. Council approved Samson drafting a letter to contact Davis Holdings requesting payment.
Engineer Samson presented an estimate from Sweeney Controls Company and Preferred Controls to upgrade the existing SCADA system to solve valve problems causing the water tank to overflow and giving access to remote reads. Kremer moved to approve Preferred Controls estimate with the city’s cost share totaling $8200.00, Hoover seconded and motion carried on a unanimous roll-call vote.
Samson updated council on the status of acquisition of the Jost lots for the permanent levee. The State Water Commission has recommended the approval of cost share request and is awaiting signature by the State Engineer.
Council reviewed the Joint Powers Agreement between the Ward County Water Resource District and the City of Burlington for the Interim Levee Project. Kabanuk moved to approve and authorize Mayor Gruenberg to sign the agreement, Casavant seconded and motion carried on a unanimous roll-call vote.
Engineer Samson reported the Surge Funding Bill passed the senate and is going to the house.
Discussion on monthly ANC fees, Patrick will review for next months meeting. Rod Kremer asked the Fire Department if they had equipment to assist with light bulb change on street light #3 on Robert Street. Jost Construction will be contacted for the proper equipment.
Amanda Schooling appeared before council to discuss the city’s PW on the Lagoon Road. She recommends we follow the FEMA specs as written. Diane will request an extension on the project.
Council discussed police employment and reviewed two applications and considered hiring one full time and one part time officer. Kremer moved to approve hiring Anthony Pasterz full time and Michael McCloud part-time, with background checks, and a 3 year contract for the full time position, allowing 8 hours a week for the part-time position, Hoover seconded and motion carried on a unanimous roll-call vote.
Kremer asked council to consider selling patrol unit #1270. Diane will get the book value of the unit and present at the next regular council meeting.
Diane reported two seats on the Planning Commission expired on February 1, 2015; Robert Kibler and Daryn Hoover. Mayor Gruenberg appointed Robert Kibler and Daryn Hoover to another 5 year term on the Planning Commission.
Council reviewed correspondence from United Community Bank that pledged securities are adequate to cover our investments.
Check 17532 Prudential 30.75 # Payee Net 17533 NDPERS 2,462.31 17504 Farmers Union Oil Co 514.77 99920 IRS 2,841.10 17505 Jamestown Communications 73,304.10 17534 void 0.00 17506 Brylan Price 82.56 17535 Ackerman Estvold 12,127.50 17507 Verendrye Electric 456.47 17508 Wagner Construction 561,645.94 17536 BCBS 2,451.20 17509 Burlington Post Office 166.00 17537 Burlington Electric 1,452.54 17510 ND Clerks Association 60.00 17538 Burlington Fire Dept 30,000.00 17511 Verizon 15.02 17539 Computech 1,932.58 17512 Verizon 80.02 17540 First District Health Unit 44.00 17513 Jack Anderson 1,569.63 17541 Ground Effects 20.64 17514 Mary Brookes 937.20 17515 Jayden Casavant 906.87 17542 Hausers Farm Supply 10.50 17516 Keith Crabb 1,790.46 17543 ITD 50.00 17517 Diane Fugere 1,712.03 17544 MDU 523.21 17518 Rod Schwandt 92.35 17545 Menards 42.30 17519 Rod Schwandt 92.35 17546 Metron-Farnier LLC 911.49 99921 IRS 2,695.97 17547 Minot Daily 339.20 17520 AFLAC 120.82 17548 Minot Lumber 300.44 17521 Dowlins Express 10.55 17549 ND State Water Commission 5,269.68 17522 Visa 1,273.25 17523 Xcel Energy 45.70 17550 Pringle & Herigstad 8,375.00 18524 Jack Anderson 1,569.63 17551 SRT 842.29 17526 Mary Brookes 937.20 17552 Sundre Sand & Gravel 551.16 17527 Mary Brookes 184.70 17553 UNUM 64.08 17528 Jayden Casavant 991.30 17554 Utility Systems of America 90,819.39 17528 Keith Crabb 1,743.18 17555 Ward Co Auditors Office 6,657.67 17529 Diane Fugere 1,712.03 17556 Xcel Energy 2,624.13 17530 Codie Miller 385.40 17557 Circle Sanitation 4,556.25 17531 Delvin Stemen 325.91
Respectfully submitted, ______Diane Fugere, Auditor Jerome Gruenberg, Mayor March 2, 2015 The Burlington City Council held their regular meeting March 2, 2015. Present were: Jerome Gruenberg, Rod Kremer, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, Patrick Samson, Amanda Schooling and several area residents.
Casavant moved to approve the minutes of the January 5, 2015 meeting, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Kremer moved to approve bills and payroll as presented, Hoover seconded, motion carried on a unanimous roll- call vote.
Clerk of Court, Lynn Brooks, asked permission to write off old bench warrants from 2006 and 2007. After review, Kabanuk moved to approve write offs, Kremer seconded and motion carried on a unanimous roll-call vote.
Jack presented an estimate from Hotsy Equipment Company totaling $4435.00. Kremer moved to approve purchase, Casavant seconded and motion carried on a unanimous roll-call vote.
Jack presented an estimate for a 16x16 shelter for salted sand. Council asked for 2 more estimates.
Diane asked permission to apply for a tree grant to replace the diseased trees on Railway Avenue. Council approval was given.
Council reviewed an estimate from Computech to replace the public works computer system. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane presented an estimate totaling $2000.00 to have the city hall and city office painted. Kabanuk moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote.
Engineer Patrick Samson reported $40,000 still due from Davis Holdings on Harvest Heights Addition. Council approved Samson drafting a letter to contact Davis Holdings requesting payment.
Engineer Samson presented an estimate from Sweeney Controls Company and Preferred Controls to upgrade the existing SCADA system to solve valve problems causing the water tank to overflow and giving access to remote reads. Kremer moved to approve Preferred Controls estimate with the city’s cost share totaling $8200.00, Hoover seconded and motion carried on a unanimous roll-call vote.
Samson updated council on the status of acquisition of the Jost lots for the permanent levee. The State Water Commission has recommended the approval of cost share request and is awaiting signature by the State Engineer.
Council reviewed the Joint Powers Agreement between the Ward County Water Resource District and the City of Burlington for the Interim Levee Project. Kabanuk moved to approve and authorize Mayor Gruenberg to sign the agreement, Casavant seconded and motion carried on a unanimous roll-call vote.
Engineer Samson reported the Surge Funding Bill passed the senate and is going to the house.
Discussion on monthly ANC fees, Patrick will review for next months meeting.
Rod Kremer asked the Fire Department if they had equipment to assist with light bulb change on street light #3 on Robert Street. Jost Construction will be contacted for the proper equipment. Amanda Schooling appeared before council to discuss the city’s PW on the Lagoon Road. She recommends we follow the FEMA specs as written. Diane will request an extension on the project.
Council discussed police employment and reviewed two applications and considered hiring one full time and one part time officer. Kremer moved to approve hiring Anthony Pasterz full time and Michael McCloud part-time, with background checks, and a 3 year contract for the full time position, allowing 8 hours a week for the part-time position, Hoover seconded and motion carried on a unanimous roll-call vote.
Kremer asked council to consider selling patrol unit #1270. Diane will get the book value of the unit and present at the next regular council meeting.
Diane reported two seats on the Planning Commission expired on February 1, 2015; Robert Kibler and Daryn Hoover. Mayor Gruenberg appointed Robert Kibler and Daryn Hoover to another 5 year term on the Planning Commission.
Council reviewed correspondence from United Community Bank that pledged securities are adequate to cover our investments.
Check 17532 Prudential 30.75 # Payee Net 17533 NDPERS 2,462.31 17504 Farmers Union Oil Co 514.77 99920 IRS 2,841.10 17505 Jamestown Communications 73,304.10 17534 void 0.00 17506 Brylan Price 82.56 17535 Ackerman Estvold 12,127.50 17507 Verendrye Electric 456.47 17508 Wagner Construction 561,645.94 17536 BCBS 2,451.20 17509 Burlington Post Office 166.00 17537 Burlington Electric 1,452.54 17510 ND Clerks Association 60.00 17538 Burlington Fire Dept 30,000.00 17511 Verizon 15.02 17539 Computech 1,932.58 17512 Verizon 80.02 17540 First District Health Unit 44.00 17513 Jack Anderson 1,569.63 17541 Ground Effects 20.64 17514 Mary Brookes 937.20 17515 Jayden Casavant 906.87 17542 Hausers Farm Supply 10.50 17516 Keith Crabb 1,790.46 17543 ITD 50.00 17517 Diane Fugere 1,712.03 17544 MDU 523.21 17518 Rod Schwandt 92.35 17545 Menards 42.30 17519 Rod Schwandt 92.35 17546 Metron-Farnier LLC 911.49 99921 IRS 2,695.97 17547 Minot Daily 339.20 17520 AFLAC 120.82 17548 Minot Lumber 300.44 17521 Dowlins Express 10.55 17549 ND State Water Commission 5,269.68 17522 Visa 1,273.25 17523 Xcel Energy 45.70 17550 Pringle & Herigstad 8,375.00 18524 Jack Anderson 1,569.63 17551 SRT 842.29 17526 Mary Brookes 937.20 17552 Sundre Sand & Gravel 551.16 17527 Mary Brookes 184.70 17553 UNUM 64.08 17528 Jayden Casavant 991.30 17554 Utility Systems of America 90,819.39 17528 Keith Crabb 1,743.18 17555 Ward Co Auditors Office 6,657.67 17529 Diane Fugere 1,712.03 17556 Xcel Energy 2,624.13 17530 Codie Miller 385.40 17557 Circle Sanitation 4,556.25 17531 Delvin Stemen 325.91
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor April 7, 2015 The Burlington City Council held their regular meeting April 7, 2015. Present were: Jerome Gruenberg, Rod Kremer, Daryn Hoover, Jeanine Kabanuk, Diane Fugere, Jack Anderson, Keith Crabb, Tony Pasterz.
Mayor Gruenberg announced that council will meet in Executive Session in the Burlington City Hall auditor’s office pursuant to NDCC §44-04-19.1, Subsection 5, for attorney consultation with the City’s attorney regarding Alton Johnson vs. City of Burlington. Kremer moved the Council meet in Executive Session in the Burlington City Hall auditor’s office as authorized by NDCC, Section 44-04-19.1, Subsection 5 to discuss said matter, second by Hoover. All the Council Members voted yes and motion was declared carried. At 7:00 p.m. council moved to the Burlington City Hall auditor’s office to discuss said matter in Executive Session. Members present were: Mayor Jerome Gruenberg; Rod Kremer; Daryn Hoover; Jeanine Kabanuk, Auditor Diane Fugere; Attorney Preston Wise. The Executive Session closed at 7:15 p.m. and the regular meeting reconvened in public session at 7:15 p.m.
Kabanuk moved to approve the minutes of the April, 2015 meeting, Kremer seconded and motion carried unanimously.
Kremer moved to approve bills and payroll as presented, Hoover seconded, motion carried unanimously.
Diane asked about rehiring Tanner Holte as part time summer help for public works at $14/hour. Kabanuk moved to amend the budget to pay $14/hour for part time summer help, Kremer seconded and motion carried on a unanimous roll-call vote.
Diane reported Mary Brooks has reached her 6 month anniversary employed as deputy auditor and asked for a pay increase of .50c per hour for Mary. Kremer moved to approve pay increase, Kabanuk seconded, motion carried on a unanimous roll-call vote.
Jack presented an estimate from Boger & Sons totaling $4,200 for street sweeping. Kremer moved to approve, Kabanuk seconded, motion carried on a unanimous roll-call vote.
Jack presented an estimate from Boger & Sons totaling $6,700 for crack sealing city streets. Kabanuk moved to approved estimate using the 2 pallets of crack sealing material the city has on hand, plus an additional 4 pallets, ordered by the city as needed to complete the project, Hoover seconded and motion carried on a unanimous roll call vote.
The Burlington Fire Department requested the city put in a hydrant by the fire hall, tied into the bulk water station. They were asked to get an estimate for the next council meeting.
Diane reported receiving one bid on the Police Interceptor from Chicago Motors for $13,307. The bid was rejected.
Discussion on Surge Bill funds was tabled.
Council discussed the fence posts still on city easement at 309 1st Avenue 1st Avenue that need to be removed. Chief Crabb was instructed to send a final notice to Myers/Stoner giving a deadline of June 15, 2015 to have the posts removed or the city will remove them at the owners expense.
Jack presented an estimate to put up a stand for the city sander, totaling $3247.70. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll call vote.
Council review the Police Contract. Kabanuk moved to approve the contract, removing the word “gun”, Hoover seconded and motion carried on a unanimous roll-call vote. Council reviewed Pringle & Herigstad’s letter to Tenelle Vetter giving a deadline of June 1, 2015 to install footings beneath the concrete foundation pertaining to building certificate #658.
Council discussed purchasing a house in Burlington for Police Housing. No action was taken.
Council discussed the matter of attorney fees and NDIRF.
Diane presented the updated city disaster policy. Jeanine Kabanuk, Diane Fugere and Officer Keith Crabb reviewed the policy and made the necessary updates. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Building Permits #731 Mike Mehelik 10 x 22 garage addition 7600 54th Ave NW #732 Chad Kramer 30 x 26 garage 3701 101st St NW #733 Kaden Shumway 86x140 Modular Home 407 1st Ave E #734 Rob Reiner 26 x 36 garage addition 405 Durango Drive Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
#730 Dufner Construction Offices/ammo/gun shop 7101 Hwy 2&52 W After discussion concerning potential fire department concerns with an ammo/gun shop at this location, Kremer moved to approve the building pending Minot Rural Fire Department considerations, Kabanuk seconded, motion carried on a unanimous roll-call vote.
17657 Daryn Hoover 207.79 Check 17658 Prudential 28.94 # Payee Net 17659 AFLAC 120.82 17627 ND Building Officials Assoc 250.00 17660 NDPERS 3,342.74 17628 Farmers Union Oil Co 556.43 99917 IRS 3,945.99 17629 Verizon 15.04 17661 ND Tax Commissioner 728.00 17630 Jack Anderson 1,569.63 17662 Ackerman-Estvold 395.00 17631 Mary Brookes 937.20 17663 ACME 83.82 17632 Jayden Casavant 915.26 17633 Keith Crabb 1,777.41 17664 Black Mountain Software 2,903.00 17634 Diane Fugere 1,712.03 17665 BCBS 4,472.85 17635 Rod Schwandt 92.35 17666 Circle Sanitation 4,608.25 17636 Rod Schwandt 92.35 17667 Computech 118.50 17637 Anthony Pasterz 802.95 17668 Farmers Union Oil Co 254.03 99917 IRS 3,094.99 17669 Fastenal 194.47 17638 Verendrye 472.97 17670 First District Health Unit 44.00 17639 Verizon 80.02 17640 Visa 777.68 17671 First Western Insurance 5.00 17641 Jack Anderson 1,719.13 17672 Foremost 87.50 17642 Mary Brookes 795.50 17673 Gaffaney 158.00 17643 Mary Brookes 795.50 17674 Iron Horse Hydrovac 1,350.00 17644 Mary Brookes 937.20 17675 ITD 50.00 17645 Mary Brookes 184.70 17676 MACS 148.33 17646 Jayden Casavant 846.22 17677 MDU 322.97 17647 Keith Crabb 1,790.46 17678 Menards 110.78 17648 Diane Fugere 1,832.78 17649 Tanner Holte 3.00 17679 Metron-Farnier 17,041.02 17650 Codie Miller 385.40 17680 Midcontinent Communications 70.00 17651 Anthony Pasterz 1,352.70 17681 Minot Daily News 23.46 17652 Delvin Stemen 307.35 17682 Minot Lumber 139.44 17653 Jerome Gruenberg 221.64 17683 Municipal Government Acadamy 100.00 17654 Jeanine Kabanuk 207.79 17684 ND State Water Commission 4,680.65 17655 Brett Casavant 249.34 17685 Niess Repair 525.36 17656 Rod Kremer 225.00 17686 One Call 1.10 17694 Swanston Equipment 1,951.24 17687 Pringle & Herigstad 2,320.00 17695 Trinity Medical Group 175.00 17688 Psycological Resources 110.00 17696 UNUM 64.08 17689 Ramada Bismarck Hotel 145.00 17697 US Bank Corp Trust 352,846.25 17698 Verizon 15.02 17690 Radisson 224.10 17699 Xcel Energy 2,685.54 17691 Rod Schwandt 132.25 17692 SRT 1,534.88 17693 Sundre Sand & Gravel 576.84
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor May 4, 2015 The Burlington City Council held their regular meeting May 4, 2015. Present were: Jerome Gruenberg, Rod Kremer, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, Tony Pasterz, other members of the community.
Kremer moved to approve the minutes of the April, 2015 meetings, Kabanuk seconded and motion carried unanimously.
Kabanuk moved to approve bills and payroll as presented, Hoover seconded, motion carried unanimously.
Jack reported the street sweeping is not complete, he will contact Boger & Sons.
Jack and Jayden are checking all gate valves in the city.
The fire chief asked about getting access to the train tracks via Harvest Heights Addition. The developer will be contacted regarding this matter.
The fire chief asked about a location for the training tower near the lagoons. Patrick will review.
Daryn Hoover requested a meeting with the Fire Department and the City to review the agreement between entities.
Jory Stevenson, with Apathy Original, appeared before council with information on the bar to be located in the old barbershop building by the Speedway.
Gary Kramlich and Lyle Tande appeared before council to discuss possibly making Meadow View Court cul-de- sac a one way street due to the width. He was asked to contact the developer. Also discussed ANC fees.
Patrick presented the agreement from Preferred Controls for the SCADA project, which was approved at a previous meeting. Mayor Gruenberg signed the agreement.
Council reviewed information from Patrick regarding water control on Kittleson Drive.
Diane presented an agreement for Lagoon Road Repairs, Mayor Gruenberg signed the agreement.
Patrick reported the erosion control issue at Harvest Heights addition has been addressed.
Patrick presented a change order from Wagner Construction on the Force Main Project. With several questions on charges, the matter was tabled. Jack presented an estimate from Bechtold Paving totaling $18,645 to repair city streets. Kremer moved to approve the estimate excluding any work on Railway Avenue, Kabanuk seconded, motion carried on a unanimous roll-call vote.
Patrick presented information on the Highland’s Ranch water main. Per the master plan to serve Harvest Heights and Highlands Ranch projects, funded by Aid to New Construction fees, a 10’ water main needs to connect the 2 developments. Per agreement, this project would need to be built by the City for North Prairie. North Prairie has come to terms with one of the off-site property owners, Darin Egge, to obtain an easement that would shorten the route, saving money and providing water service to Highlands Ranch in an interim condition until the 10’ pipe is connected from Harvest Heights booster station. A letter to Darin Egge from the city addressed the following concerns (excerpts) 1. Fire hydrant to be placed in the Gran Vista 2. Pipeline to be placed only on Egge property 3. Location of pipeline from Harvest Heights to the cul-de-sec is all on public right-of way 4. Any crop damage, as a result of the water main construction, will be paid to Jay Johnson 5. The city will enter into a Developer’s agreement with Highlands Ranch Developer/owner prior to the start of this project. Kremer moved to authorize Mayor Gruenberg to sign the letter to Egge, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane asked council to consider pursuing placing two fishing pier(s) on the river.
Jack asked about budgeting to jet sewer lines over a period of 3 years jetting 1/3 of the city lines per year.
Transfers from surge fund to: Riverwood 2nd Addition: $1,527.00 Siren Grant Fund: $12,058.14 Temporary Levee Fund: 18,228.93 Park Road Bridge Repair: 67,974.59 Kremer moved to approved transfers as presented, Kabanuk seconded, motion carried on a unanimous roll-call vote.
Jack reported on street sign repairs.
Diane presented the final loan agreement between the City and Anthony Pasterz regarding police vest cost.
Diane presented the Minot Hockey Boosters gaming permit for renewal. Kabanuk moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane presented an estimate from Computech for a projector, the matter was tabled.
Kremer moved to allow free basic water/sewer/garbage services for council members, Casavant seconded and motion carried on a roll-call vote: Kremer – yes, Casavant – yes, Kabanuk – no, Hoover – yes.
Building Permits #735 Dom’s CF Home Impr 14x20 addition living room $116.00 1110 65th St NW Hoover moved to approve, Casavant seconded and motion carried on a unanimous roll-call vote.
Council reviewed correspondence from UCB pledged securities are adequate to cover our investments.
Discussion on mosquito/weed spraying.
Council reviewed correspondence regarding the Tony Johnson matter. Kremer moved to instruct NDIRF to move forward with a request to have the property cleaned up and the body shop closed once the 60 day period is expired, Hoover seconded, motion carried on a unanimous roll-call vote. Per information from Jerry Hjelmstad, NDLC Attorney, Casavant moved to change the wording on city building permit applications to: This permit creates no warranties with regard to construction or code compliance. Any inspection under this permit are for the benefit of the public and not the permit recipient and any inspections do not create a duty to the permit recipient, the owner or to a subsequent purchaser with regard to quality of construction or code compliance. Kabanuk seconded and motion carried on a unanimous roll-call vote.
Discussion on employee wages: Kremer moved to increase Fugere’s wages by $1.00/hour, Hoover seconded and motion carried on a unanimous roll-call vote. Casavant moved to increase Crabb’s wages by $1.00/hour, Kremer seconded, motion carried on a unanimous roll-call vote. Kremer moved to increase Casavant’s wages to $16.50/hour, Hoover seconded and motion carried on a unanimous roll-call vote with Council member Casavant abstaining. Kremer moved to increase Pasterz’s wages to $23.00/hour, Casavant seconded, motion carried on a unanimous roll-call vote. Kremer moved to increase Anderson’s wages by $1.00/hour, Kremer seconded, motion carried on a unanimous roll-call vote. Kremer moved to increase Brooks wages by $2.00/hour, Casavant seconded, motion carried on a unanimous roll-call vote.
Check 17737 Keith Crabb 1,755.61 # Payee Net 99914 IRS 3,279.80 17700 MSU Student Social Work Org 170.00 17738 A-1 Evans 125.00 17702 Stefan Tudor 1,000.00 17739 Ackerman-Estvold 1,695.00 17703 Thomas, Jerry 50.00 17740 ACME 99.00 17704 Verendrye 372.80 17705 Sanderson, Dawn 4.65 17741 BCBS 3,064.00 17706 Nicholes, Terry 9.05 17742 Burlington First Responders 1,000.00 17707 Solem, Brandon 4.65 17743 Circle Sanitation 4,608.25 17708 Jack Anderson 1,639.63 17744 Computech 106.65 17709 Mary Brookes 981.83 17745 Cree, Paul 500.00 17710 Jayden Casavant 915.26 17746 Dakota Fluid Power 46.80 17711 Keith Crabb 1,818.46 17712 Diane Fugere 1,712.03 17747 Ferguson 26.60 17713 Rod Schwandt 277.05 17748 First District Health Unit 44.00 17714 Rod Schwandt 92.35 17749 Fugere, Diane 200.00 17715 Anthony Pasterz 1,320.60 17750 Gerdau 1,393.85 99915 IRS 3,128.32 17751 HD Waterworks 333.61 17716 Verendrye 80.02 17752 ITD 50.00 17717 Joann Wiertzema 350.00 17753 Lowes 275.85 17718 Visa 514.51 17719 Burlington Post Office 196.00 17754 MDU 162.16 17720 Xcel Energy 58.01 17755 Midcontinent Communications 70.00 17721 Dacotah Insurance 857.00 17756 Minot Daily News 77.97 17722 Austin, Shawn 400.00 17757 Minot Lumber 17.56 17723 Bridgewater LLC 75.00 17758 ND State Water Commission 5,641.55 17724 Jack Anderson 1,768.13 17759 Pioneer Research Corp 3,918.30 17725 Mary Brookes 981.83 17760 Pringle & Herigstad 215.00 17726 Mary Brookes 184.70 17761 Radisson 238.00 17727 Jayden Casavant 915.26 17728 void 0.00 17762 Share Corp 545.59 17729 Diane Fugere 1,712.03 17763 SRT 686.12 17730 Tanner Holte 255.98 17764 The Tower Co 64.99 17731 Codie Miller 385.40 17765 Team Electronics 50.00 17732 Anthony Pasterz 1,292.60 17766 UNUM 69.36 17733 Delvin Stemen 335.19 17767 Verizon 15.02 17734 Prudential 31.66 17768 Wagner 177,536.38 17735 AFLAC 120.82 17769 Western Steel 10.29 17736 NDPERS 3,356.17 17770 Xcel Energy 2,274.58 Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor June 1, 2015 The Burlington City Council held their regular meeting June 1, 2015. Present were: Jerome Gruenberg, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, and other members of the community.
Mayor Gruenberg announced council will meet in Executive Session in the Burlington City Hall auditor’s office pursuant to NDCC §44-04-19.2, for attorney consultation with the City’s attorney regarding threatened litigation over Burlington’s pit bull ordinance. Kabanuk moved Council meet in Executive Session in the Burlington City Hall auditor’s office as authorized by NDCC, Section 44-04-19.2, to discuss said matter, second by Hoover. All the Council Members voted yes and motion was declared carried.
At 7:10 p.m. council moved to the Burlington City Hall auditor’s office to discuss said matter in Executive Session. Members present were: Mayor Jerome Gruenberg; Daryn Hoover; Jeanine Kabanuk, Auditor Diane Fugere; Deputy Auditor Mary Lynn Brooks and Attorney Preston Wise. The Executive Session closed at 7:56 p.m. and the regular meeting reconvened in public session at 7:56 p.m.
Casavant moved to approve the minutes of the May, 2015 meeting, Kabanuk seconded and motion carried unanimously.
Kabanuk moved to approve bills and payroll as presented, Hoover seconded, motion carried unanimously.
Crabb reported Officer Pasterz has begun training at the police academy in Bismarck.
The Fire Department presented a proposed agreement between the Fire Department and the City. The matter was tabled to give council members time to review the agreement.
Suzette Perron appeared before council to present a petition signed by 21 residents requesting the city cease allowing commercial septic trucks dumping raw sewage at the Grace Street Lift Station due to sewage odor lingering in the neighborhood for up to one hour after each dump. Jack was asked to check the FEMA lift station site to see if these trucks can dump there. Council instructed dumping at the Grace Street Lift Station cease immediately.
Derrill Fick reported DL Barkie covered a culvert while repairing the lagoon road. Council instructed Anderson to contact Barkie to install a new culvert at their cost, with the culvert being donated by the city.
Darla Jost appeared before council to discuss the possibility of a 1% city sales tax which would require the city to implement Home Rule Charter. Diane will get more information to present at the next meeting.
Diane asked permission to make the following fund transfers: Budget Transfers – from Surge Fund monies $14,952.00 - Auditor - $2100.00 - Chief - $2100.00 - PW Asst - $4500.00 - Dep Auditor - $4152.00 - PW Director - $2100.00 Kabanuk moved to approved transfers as presented, Hoover seconded, motion carried on a unanimous roll-call vote.
The following probable uses of the city’s Surge Fund monies were discussed: Harvest Heights Lift Station Water System Maintenance Sewer System Maintenance Council agreed the water and sewer system maintenance were top priorities. Patrick will get estimates.
Patrick informed council the city was approved for an Energy Impact Grant to be used for city infrastructure, with monies to be received in 2017.
Jack informed council the floor of the water tank will need an inspection and possible replacement within the next 4 years. Council asked for a quote.
Council reviewed a quote from Jesperson Excavating totaling $36,000.00 to install a 4x8 manhole and 3” waterline for slough drainage on Kittleson Drive. A quote was received from CTI last year in the amount of $20,000, but did not include the manhole or a 3” line. Casavant moved to award the contract to Jesperson Excavating at $36,000.00, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Diane reported the deadline for Vetter’s to have footings installed under their garage is June 1, 2015. She was instructed to contact the city attorney to move forward.
Council reviewed an application for a Criminal Justice Oil Impact Grant to hired a police officer at a term of two years and equipment for that officer. The city’s 10% match totals $13,764.04.
Kabanuk reported receiving information from Sylvia Domsten regarding water pooling in her backyard possibly due to work on Riverwood Addition (The Willows). Patrick with investigate the matter.
Casavant moved to authorize Attorney Preston Wise to research service animal ordinances, Kabanuk seconded, motion carried on a unanimous roll-call vote.
Lessman asked council about installing guard rails at the intersection of Johnson Street and Park Road. Jack was instructed to install guard rails.
Check 17794 Codie Miller 385.40 # Payee Net 17795 Anthony Pasterz 1,590.84 17771 Farmers Union Oil Co 357.14 17796 Delvin Stemen 325.91 17772 Verenrye Electric 510.61 17797 Prudential 30.75 17773 Verizon 84.42 17798 NDPERS 3,702.24 17774 Jack Anderson 1,624.39 17799 AFLAC 120.82 17775 Mary Brookes 1,421.10 99912 IRS 3,761.32 17776 Mary Brookes 184.70 17800 A-1 Evans 625.00 17777 void 0.00 17778 Keith Crabb 1,855.70 17801 Ackerman-Estvold 18,377.50 17779 Diane Fugere 1,767.27 17802 ACME 1,090.08 17780 Tanner Holte 289.76 17803 American Waterworks 74.00 17781 Rod Schwandt 129.29 17804 Balco 3,606.39 17782 Rod Schwandt 92.35 17805 BCBS 3,064.00 17783 Anthony Pasterz 1,590.84 17806 Burlington Electric 116.34 17784 Anthony Pasterz 641.65 17807 Circle Sanitation 4,556.25 17785 Jayden Casavant 1,124.60 17808 Cogdill Construction 236.00 99913 IRS 3,707.78 17809 Corney Hansen 75.00 17786 Visa 1,477.83 17810 Ferguson 177.99 17787 void 0.00 17788 Jack Anderson 1,624.39 17811 First District Health Unit 44.00 17789 Mary Brookes 1,134.00 17812 First Western Insurance 26.00 17790 Jayden Casavant 1,124.60 17813 Diane Fugere 68.00 17791 Keith Crabb 1,855.70 17814 Hawkins 1,621.03 17792 Diane Fugere 1,767.27 17815 Home of Economy 19.99 17793 Tanner Holte 705.53 17816 ITD 50.00 17817 MACS 31.97 17818 MDU 119.25 17819 Midcontinent 70.00 17825 Pringle & Herigstad 1,819.00 17820 Minot Daily News 99.36 17826 SRT 851.56 17821 NAPA 113.88 17827 Sweeney Controls 385.00 17822 ND State Water Commission 6,048.83 17828 The Tower Co 123.00 ND Water & Pollutions Cont 17829 UNUM 73.99 17823 Conf 20.00 17830 Verizon 15.85 17824 One Call 25.30 17831 Ward County Auditors Office 3,346.40 17832 Xcel Energy 2,125.02
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor July 6, 2015 The Burlington City Council held their regular meeting July 6, 2015. Present were: Jerome Gruenberg, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Rod Kremer, Codie Miller, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, and other members of the community.
Kabanuk moved to approve the minutes of the June, 2015 meeting, Casavant seconded and motion carried unanimously.
Casavant moved to approve bills and payroll with the exception of withholding 10% of DL Barke’s bill, Kremer seconded, motion carried unanimously.
Jack informed council that the county has asked the city to remove the pile of trees near the temporary levee at the Sports Complex. Diane and Jack will contact Morris Foley with the Ward County Water Resource Board.
Bechtold Paving will begin street patching city streets next week.
Jesperson Excavating will start work on the waterline for slough drainage on Kittleson Drive this week.
The hydrant at the intersection of Davis Street and Valley Avenue was struck by a car July 1st. Chief Crabb was asked to get a copy of the crash report from the Ward County Sheriff’s office. All expenses to repair the hydrant will be submitted to the auto owner’s insurance company.
Council discussed the need for guard rails at the intersection of Johnson Street and Park Road. No action was taken.
Chief Crabb presented information on the Criminal Justice Grant.
Diane informed council there is a special meeting scheduled for July 22, 2015 at 7:00 pm regarding Highlands Ranch SID.
Jack presented a quote from Velva Environmental totaling $3,600 to seed the green space on Cherry Street. No action was taken.
The Fire Department presented a proposed agreement between the Fire Department and the City. The matter was tabled.
Doug Pfau with IMM appeared before council to discuss problems with pets in the 12 plex and 24 plex. Council reviewed a new pet policy put in place by IMM to deal with these problems.
Roxy Volk with Habitat for Humanity appeared before council to discuss moving a house into the city. Kremer moved to approve RESOLUTION PROVIDING FOR THE PUBLIC SALE OF REFUNDING IMPROVEMENT BONDS, SERIES 2015 BE IT RESOLVED by the City Council of the City of Burlington, North Dakota (the "City"), as follows: 1. It is hereby found and determined to be necessary and expedient for the City to procure definitive financing for improvements in the Highlands Ranch Street Improvement District 2014 within the City. 2. It is hereby directed that Definitive Improvement Warrants and Refunding Improvement Bonds be issued for the purpose of paying costs necessarily incurred and to be incurred in the construction of improvements of special benefit in the above improvement district. The City shall proceed to offer at public sale upon sealed bids its Refunding Improvement Bonds, Series 2015 in an amount not to exceed $3,000,000 (the "Bonds"). Bids will be received in the offices of Public Financial Management, the City’s financial advisor, until 12:00 noon, Central Time, on July 22, 2015, and the City Council shall meet thereafter on that day to consider the bids and take such action respecting the Bonds as shall then be deemed necessary and expeditious. 3. The terms and conditions of the Bonds and the sale thereof shall be fully set forth in the Official Statement to be prepared by Public Financial Management. The Mayor and City Auditor are hereby authorized to approve the terms and conditions for the Bonds and the sale thereof and the distribution of the Official Statement to prospective purchasers is hereby approved. Gruenberg seconded and motion carried on a unanimous roll-call vote: Kremer – yes; Gruenberg – yes; Kabanuk – yes; Casavant – yes; Hoover – yes.
Kabanuk requested council approval to attend a Human Resource Meeting with a $40.00 registration fee.
Mayor Gruenberg appointed Travis Grosche to fill the position vacated by Robert Kibler as the rural representative on Burlington’s Planning Commission.
Mayor Gruenberg appointed Brian Horinka to fill the position vacated by Paula Bachmeier on the Special Assessments Commission.
Casavant moved to approve on 1st Reading BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, NORTH DAKOTA, THAT SECTION 8-105.1 OF THE BURLINGTON CODE OF ORDINANCES RELATING TO OWNERSHIP OF PIT BULLS IN BURLINGTON AND SECTION 8- 140.1 RELATING TO THE BURDEN OF PROOF WHEN THE BREED OF A DOG IS IN QUESTION, AS FOLLOWS AND IS ON FILE IN THE OFFICE OF THE CITY AUDITOR. § 1. Section 8-105.1 is amended and reenacted by adding new subsections (4), (5), and (6) as follows: Pit Bulls Prohibited; Definition (1) It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Burlington, any pit bull dog.
(2) Pit Bull is defined to mean:
o The bull terrier breed of dog;
o Staffordshire bull terrier breed of dog;
o American Pit Bull terrier breed of dog;
o American Staffordshire breed of dog;
o A dog of mixed breed or of other breeds than above listed which breed or mixed breed is known as a pit bull, pit bull dog, or pit bull terrier;
o Any dog which has the appearance and characteristics of being predominately of the breed of bull terrier, Staffordshire bull terrier, pit bull dog or pit bull terrier or a combination of any of these breeds.
(3) Owner is defined to include someone who keeps or harbors a pit-bull dog. (4) Disability is defined to mean a “Disability” within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”).
(5) Pit Bull Service Dog is defined to mean a pit bull dog that is individually trained as a service animal to do work or perform tasks as a service animal, as defined by the ADA.
(6) This section does not apply to the following exceptions:
o A person with a disability may keep or possess a pit bull service dog to the extent mandated by the ADA or other applicable state or federal law.
o A person entitled to keep or possess a pit bull service dog under this exception may do so only if the person complies with the following restrictions:
A pit bull service dog must be inoculated and licensed in accordance with Article II, Division 2 of this Chapter;
A pit bull service dog must be confined indoors on the owner’s property or, if outdoors confined within a secure fence not less than [[six]] feet in height or inside a secure transport container. When not confined to the owner’s home, a secure fence, or transport container, the pit bull service dog must be secured by a harness with a leash of a fixed length not to exceed four feet, and must be under the control of the owner or another adult. The provisions of this subsection do not apply to persons with disabilities whose disabilities prohibit strict compliance;
The pit bull service dog may not be annoying, destructive, or a nuisance as defined by the Article II, Division 1 of this Chapter.
§ 2. Section 8-140.1 is amended and reenacted as follows: Owner to Carry Burden of Proof as to Specific Breed, Whether Purebred or Mixed Breed: The burden of establishing by way of veterinarian certificate or affidavit, the actual breed of said animal whether purebred or mixed breed shall be upon the owner of the animal. Should breed be indeterminate, the owner shall, at the owner’s expense, submit said animal to DNA testing by a certified laboratory for final determination of purebred or mixed breed origins. It is further ordained that the animal in question is to be removed from the city limit immediately until such time a final determination is made by veterinarian affidavit or certification, DNA testing or final decision by the Burlington Municipal Judge upon completion of a court trial. If the dog is not so removed, the officer shall seize and impound the dog, either with the consent of the owner of the property where the dog is located or by search warrant, until a final court decision. The owner or keeper is responsible for all costs of impoundment. If the dog is deemed a pit bull by the courts it shall be destroyed, unless the owner produces evidence deemed sufficient by the court that the dog has been permanently removed and the owner pays the costs of impoundment. Owner shall provide name, address and phone number of the location of animal. Nothing in this section shall be construed to limit the right of an individual with a disability to own a pit bull service dog under Section 8-105.1 of the Burlington Code of Ordinances while the owner is in compliance with the requirements imposed by that section. Hoover seconded and motion carried on a unanimous roll-call vote.
Correspondence was reviewed.
Jack Anderson, dba Idle Hour Bar, appeared before council to renew his liquor license. Kremer moved to approve renewal, Hoover seconded and motion carried on a unanimous roll-call vote.
Building Permits: #736 Jared Erickson 141 Ida Ave 28x32 Garage $98.00 #737 withdrawn #738 Josh Hvidsten 730 E Colton 15x24 Deck $65.00 #739 Phil Momerack 7600 55th Ave NW Shop $308.00 #740 Brad MacClennan 411 Valley Ave 8x18 addition $71.00
Rod Kremer discussed the possibility of installing a time clock for city employees if problems with the current system continue.
Check # Payee Net 99910 IRS 3,962.29 17833 Farmers Union Oil Co 431.99 17872 Anthony Pasterz 435.97 17834 One Call 23.10 17873 Keith Crabb 306.56 17835 Verendrye Electric 341.79 99911 IRS 138.34 17836 Verizon 84.42 17874 ND Tax Commissioner 814.00 17837 Jack Anderson 1,628.89 17875 Burlington Rec 9,500.00 17838 Mary Brookes 1,118.60 17876 Ackerman-Estvold 5,285.00 17839 Jayden Casavant 1,124.60 17877 ACME 99.00 17840 Keith Crabb 1,868.20 17878 BCBS 3,064.00 17841 Diane Fugere 1,772.27 17879 Boger & Son 4,200.00 17842.3 Tanner Holte 905.32 17880 Burlington Electric 90.00 17843 Anthony Pasterz 1,590.84 17881 Circle Sanitation 4,556.25 17844 Rod Schwandt 92.35 17845 Rod Schwandt 92.35 17882 First District Health Unit 44.00 99911 IRS 3,720.34 17883 Gaffaneys 100.58 17846 Andrew Beck 29.74 17884 Home of Economy 250.69 17847 Jared Lundeen 18.00 17885 ITD 50.00 17848 Bernard Knutson 10.00 17886 Lakeside Machinery 611.99 17849 Visa 1,134.35 17887 Larsco 753.50 17849 Visa 1,408.83 17888 MDU 41.99 17850 Xcel 58.94 17851 ND Dept of Health 10.00 17889 Menard 62.73 17852 SRT 689.74 17890 Midcontinent 70.00 17853 Jack Anderson 1,628.89 17891 Minot Chrysler 103.93 17854 Mary Brookes 184.70 17892 Minot Daily 66.24 17855 Mary Brookes 1,118.60 17893 Minot Lumber 121.78 17856 Jayden Casavant 1,124.60 ND State Water 17894 Commission 5,998.59 17857 Keith Crabb 1,818.20 17858 Diane Fugere 1,772.27 17895 NAPA 43.16 17859 Tanner Holte 847.96 17896 One Call 41.80 17860 Codie Miller 385.40 17897 Pringle & Herigstad 420.00 17861 Anthony Pasterz 1,590.84 17898 Rensch Farm Store 195.96 17862 Delvin Stemen 344.47 17899 Share Corp 545.63 17863 Prudential 32.56 17900 Sportsmans Loft 258.00 17864 AFLAC 120.82 17901 UNUM 73.99 17865 NDPERS 3,702.24 Ward County Auditors 17866 Jerome Gruenberg 443.28 17902 Office 50.00 17867 Brett Casavant 207.79 17903 WSI 250.00 17868 Rod Kremer 225.00 17904 DL Barkie 57,535.74 17869 Jeanine Kabanuk 277.05 17905 Farmers Union Oil Co 695.30 17870 Daryn Hoover 277.05 17906 Miller, Tammy 9.05 17871 Mary Brookes 148.50 17907 DL Barkie 57,535.74
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor August 3, 2015 The Burlington City Council held their regular meeting August 3, 2015. Present were: Jerome Gruenberg, Daryn Hoover, Jeanine Kabanuk, Brett Casavant, Rod Kremer, Diane Fugere, Lynn Brooks, Jack Anderson, Keith Crabb, Patrick Samson and other members of the community.
Casavant moved to approve the minutes of the July, 2015 meetings, Kabanuk seconded and motion carried unanimously.
Kabanuk moved to approve bills and payroll, but to hold DL Barke’s bill until all work is done on the lagoon road, Kremer seconded, motion carried unanimously.
Jack reported Marty Wahus quoted $1.00 per foot to jet & camera the sewer lines. Kremer moved to budget for 1/3 of the job per year for the next three years, Hoover seconded and motion carried on a unanimous roll-call vote.
Council discussed the need for another means of access/exit at Highlands Ranch Addition. Patrick will look into it.
The Fire Department/City of Burlington agreement was discussed. Brett Casavant and Derrill Fick will meet with the Ward County Auditor as soon as possible.
Darla Jost, Desour Valley EDC appeared before council to discuss installing an electronic sign in the ditch on Johnson and 3rd Street. The sign must be owned, maintained and insured by the city, Kremer moved to approve, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Kremer moved to approve on 2nd Reading BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, NORTH DAKOTA, THAT SECTION 8-105.1 OF THE BURLINGTON CODE OF ORDINANCES RELATING TO OWNERSHIP OF PIT BULLS IN BURLINGTON AND SECTION 8- 140.1 RELATING TO THE BURDEN OF PROOF WHEN THE BREED OF A DOG IS IN QUESTION, AS FOLLOWS AND IS ON FILE IN THE OFFICE OF THE CITY AUDITOR. § 1. Section 8-105.1 is amended and reenacted by adding new subsections (4), (5), and (6) as follows: Pit Bulls Prohibited; Definition (7) It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Burlington, any pit bull dog.
(8) Pit Bull is defined to mean:
o The bull terrier breed of dog;
o Staffordshire bull terrier breed of dog;
o American Pit Bull terrier breed of dog;
o American Staffordshire breed of dog;
o A dog of mixed breed or of other breeds than above listed which breed or mixed breed is known as a pit bull, pit bull dog, or pit bull terrier;
o Any dog which has the appearance and characteristics of being predominately of the breed of bull terrier, Staffordshire bull terrier, pit bull dog or pit bull terrier or a combination of any of these breeds.
(9) Owner is defined to include someone who keeps or harbors a pit-bull dog. (10) Disability is defined to mean a “Disability” within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”).
(11) Pit Bull Service Dog is defined to mean a pit bull dog that is individually trained as a service animal to do work or perform tasks as a service animal, as defined by the ADA.
(12) This section does not apply to the following exceptions:
o A person with a disability may keep or possess a pit bull service dog to the extent mandated by the ADA or other applicable state or federal law.
o A person entitled to keep or possess a pit bull service dog under this exception may do so only if the person complies with the following restrictions:
A pit bull service dog must be inoculated and licensed in accordance with Article II, Division 2 of this Chapter;
A pit bull service dog must be confined indoors on the owner’s property or, if outdoors confined within a secure fence not less than [[six]] feet in height or inside a secure transport container. When not confined to the owner’s home, a secure fence, or transport container, the pit bull service dog must be secured by a harness with a leash of a fixed length not to exceed four feet, and must be under the control of the owner or another adult. The provisions of this subsection do not apply to persons with disabilities whose disabilities prohibit strict compliance;
The pit bull service dog may not be annoying, destructive, or a nuisance as defined by the Article II, Division 1 of this Chapter.
§ 2. Section 8-140.1 is amended and reenacted as follows: Owner to Carry Burden of Proof as to Specific Breed, Whether Purebred or Mixed Breed: The burden of establishing by way of veterinarian certificate or affidavit, the actual breed of said animal whether purebred or mixed breed shall be upon the owner of the animal. Should breed be indeterminate, the owner shall, at the owner’s expense, submit said animal to DNA testing by a certified laboratory for final determination of purebred or mixed breed origins. It is further ordained that the animal in question is to be removed from the city limit immediately until such time a final determination is made by veterinarian affidavit or certification, DNA testing or final decision by the Burlington Municipal Judge upon completion of a court trial. If the dog is not so removed, the officer shall seize and impound the dog, either with the consent of the owner of the property where the dog is located or by search warrant, until a final court decision. The owner or keeper is responsible for all costs of impoundment. If the dog is deemed a pit bull by the courts it shall be destroyed, unless the owner produces evidence deemed sufficient by the court that the dog has been permanently removed and the owner pays the costs of impoundment. Owner shall provide name, address and phone number of the location of animal. Nothing in this section shall be construed to limit the right of an individual with a disability to own a pit bull service dog under Section 8-105.1 of the Burlington Code of Ordinances while the owner is in compliance with the requirements imposed by that section. Hoover seconded and motion carried on a unanimous roll-call vote.
Discussion on Harvest Heights outstanding bills. Casavant moved to authorize Patrick sending a letter to Joel Feist with a deadline that no further building permits will be considered until all outstanding bills are paid to the city, Hoover seconded and motion carried on a unanimous roll-call vote.
Council reviewed minutes from the Special Assessments Commission meeting July 29, 2015: Highlands Ranch 3rd Addition Street Improvement District 2015: 1. Commissioner Schwandt: open the hearing for consideration of objections filed prior to the hearing and objections by interested parties present. 2. There were no parties in attendance regarding objections. 3. Commissioner Schwandt called for the confirmation of the Assessment List presented. Commissioner Horinka moved to approve the following resolution: WHEREAS, special assessments for Highlands Ranch 3rd Addition Street Improvement Dist. 2015 have been assessed per acre against the benefited properties; and NOW, THEREFORE, BE IT RESOLVED by the Special Assessment Commission that the Assessment List, as corrected and attached hereto, be hereby in all things confirmed subject to the right of appeal by aggrieved parties and further action thereon by the City Council at its meeting scheduled for August 3, 2015, at 8:00 p.m., to be held at the City Hall, Burlington, North Dakota. BE IT FURTHER RESOLVED that the Assessment List, attached hereto as, be filed in the office of the city Auditor and such list to remain open for inspection by the public pending the meeting thereon by the City Council. Commissioner Karhoff seconded the motion. Casavant moved to approve the Special Assessment roll as presented, Kremer seconded and motion carried on a unanimous roll-call vote.
Diane presented and agreement between owner and engineer for professional services for approval. Casavant moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote.
Council reviewed an email and plat of Outlot 13 in Section 25-156-84 from Amber Turnquest, Ward County Planning and Zoning Administrator. The proposed plat would separate Outlot 13 into two lots, the 2.53 acre lot created would be entirely within the county’s zoning jurisdiction. As this lot is located in the last ½ mile of the Extraterritorial Jurisdiction it is considered to be part of the joint jurisdiction between the City and the County. Casavant moved to give Ward County jurisdiction of proposed 2.53 acres lot, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Council reviewed correspondence from Waste Management regarding providing garbage hauling.
Council review correspondence from United Community Bank that pledged securities are adequate to cover our investments.
The annual audit from Rath & Mehrer was presented, Kabanuk moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Building Permits: #741 Davis Holdings LLLP 104 Heights Ave SFD $2,882.00 #742 Davis Holdings LLLP 106 Heights Ave SFD $2,871.00 #743 Davis Holdings LLLP 102 Heights Ave SFD $2,904.00 #744 Casey Perlichek 4 Willow Street SFD $ 752.00 Hoover moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote.
Kremer moved to pass on 1st Reading: MIGRANT MERCHANTS AND CONTRIBUTION SOLICITORS SECTION 6-404. FORM, TERMS, EFFECT AND ISSUANCE OF LICENSE : A PERSON APPLYING FOR A MIGRANT MERCHANT LICENSE OR CONTRIBUTION SOLICITOR LICENSE SHALL SUBMIT AN APPLICATION ON A FORM PROVIDED BY THE CITY AUDITOR, WHICH FORM SHALL INCLUDE SUCH INFORMATION AS THE CITY AUDITOR MAY REASONABLY REQUIRE WITH RESPECT TO THE IDENTITY AND PERSONAL HISTORY OF THE APPLICANT. AT A MINIMUM THE FORM SHALL REQUIRE THE APPLICANT TO STATE HIS NAME, AGE, CURRENT ADDRESS, ALL ADDRESSES USED BY HIM IN THE TWO (2) YEARS IMMEDIATELY PRIOR TO THE ACQUISITION BY HIM OF HIS CURRENT ADDRESS, PHONE NUMBER, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE STATE OF ISSUANCE AND NUMBER, PHYSICAL DESCRIPTION, BIRTH PLACE, OTHER NAMES WHICH THE APPLICANT HAS GONE BY OR USED, AND WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY, AND IF SO, WHICH FELONIES, WHERE, AND THE PUNISHMENT IMPOSED. IN ADDITION, THE APPLICANT SHALL PROVIDE HIS FINGERPRINTS AS PART OF OR IN CONNECTION WITH THE APPLICATION. THE APPLICANT MAY ANSWER ITEMS OF REQUESTED INFORMATION AS BEING NOT APPLICABLE TO HIM IF THAT IS THE CASE. THE TRUTHFULNESS OF THE INFORMATION SUPPLIED BY THE APPLICANT SHALL BE SWORN TO BY HIM UNDER OATH IN WRITING. THE APPLICANT SHALL ACCOMPANY HIS APPLICATION WITH A NONREFUNDABLE FEE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) TEN DOLLARS ($10.00) PER SALESMAN AND TWENTY FIVE ($25) PER FOR EACH BACKGROUND CHECK WITH A PROPOSED LICENSE BEARING HIS CURRENT PHOTO, WHICH LICENSE AND ITS CONTENTS SHALL CONFORM TO THE SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. THE LICENSE SHALL BE CONSIDERED GRANTED UPON THE SIGNATURE OF THE CITY AUDITOR THERETO IN THE SPACE PROVIDED. IN ADDITION TO THE FILING OF A PROPERLY COMPLETED APPLICATION FORM AND THE PAYMENT OF THE LICENSE FEE, THE APPLICANT FOR A MIGRANT MERCHANTS LICENSE SHALL ALSO FILE WITH THE CITY AUDITOR THE BOND REQUIRED UNDER SECTION 6-405. THE CITY AUDITOR SHALL ISSUE OR DENY THE LICENSE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRD DAY AFTER THE APPLICANT HAS COMPLIED WITH SUBSECTIONS (2) AND (3) HEREOF, PROVIDED THAT, HOWEVER, THE THREE-DAY PERIOD SHALL COMMENCE TO TURN ON THE DAY AFTER THE DAY ON WHICH THE APPLICATION PROCESS IS COMPLETED AND PROVED FURTHER THAT A SATURDAY, SUNDAY OR HOLIDAY SHALL NOT BE CONSIDERED A "DAY" FOR PURPOSES OF THIS SENTENCE. THE CITY AUDITOR SHALL ISSUE THE LICENSE WITHOUT REGARD TO THE NATURE OR CONTENT OF THE INFORMATION SUPPLIED BY THE APPLICANT ON THE APPLICATION FORM EXCEPT THAT HE SHALL DENY THE LICENSE IF HE HAS REASONABLE CAUSE TO BELIEVE THAT ANY MATERIAL ITEM OF INFORMATION APPEARING THEREON IS FALSE, IRRESPECTIVE THE APPLICANT'S INTENT IN PROVIDING THE INFORMATION. IF THE CITY AUDITOR TAKES NO ACTION WITHIN THE TIME PROVIDED HEREIN, THEN UPON THE EXPIRATION OF SUCH TIME, THE APPLICATION FOR A LICENSE SHALL BE DEEMED TO HAVE BEEN DENIED. NO NOTICE OF DENIAL TO THE APPLICANT IS REQUIRED IN ORDER TO MAKE SUCH DENIAL EFFECTIVE. IF AN APPLICANT HAS BEEN DENIED A LICENSE BY THE CITY AUDITOR SOLELY ON THE GROUNDS THAT THE CITY AUDITOR HAS REASONABLE CAUSE TO BELIEVE THAT A MATERIAL ITEM OF INFORMATION SUBMITTED BY THE APPLICANT IS FALSE, THE APPLICANT MAY AT ANY TIME THEREAFTER RENEW HIS APPLICATION OR SUBMIT A NEW APPLICATION, BUT NO LICENSE SHALL ISSUE TO HIM UNLESS HE SHALL PROVE TO THE CITY AUDITOR BY A PREPONDERANCE OF THE EVIDENCE THAT THE APPLICATION WHICH WAS DENIED WAS IN FACT SUBSTANTIALLY TRUE OR CORRECT WITH RESPECT TO THE CHALLENGED ITEMS, OR THAT AN INCORRECT OR FALSE INFORMATION PROVIDED BY HIM WAS SUBMITTED IN GOOD FAITH AS THE RESULT OF A MISTAKE, INADVERTENCE OR EXCUSABLE NEGLECT ON THE PART OF THE APPLICANT. A LICENSE SHALL EXPIRE 90 DAYS AFTER ITS SUBMISSION TO THE AUDITOR’S OFFICE UNLESS EARLIER SUSPENDED, REVOKED OR VOLUNTARILY SURRENDERED. IT IS NONTRANSFERABLE. LICENSE FEES ARE NOT SUBJECT TO PRORATING. A PERSON HOLDING A VALID LICENSE SHALL CONSPICUOUSLY DISPLAY IT ABOUT HIS PERSON WHILE ACTING PURSUANT TO THE AUTHORITY GRANTED BY THE LICENSE. BEFORE SO USING THE LICENSE FOR THE FIRST TIME, HOWEVER, HE SHALL LAMINATE THE LICENSE IN CLEAR PLASTIC IN ACCORDANCE WITH SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. AN APPLICANT WHO IS AGGRIEVED WITH ACTION TAKEN BY THE CITY AUDITOR SHALL HAVE A RIGHT TO APPEAL TO THE MAYOR AND IF FURTHER AGGRIEVED BY THE DECISION OF THE MAYOR HE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL, WHEREUPON HE SHALL BE DEEMED TO HAVE EXHAUSTED HIS ADMINISTRATIVE REMEDIES BEFORE JUDICIAL REVIEW OF GOVERNMENTAL ACTION IS PERMISSIBLE, Hoover seconded and motion carried on a unanimous roll-call vote.
Kremer moved to pass on 1st reading: Chapter 8. PETS (DOGS AND CATS), OTHER ANIMALS AND FOWL- if no response to auditor’s letter within 15 days, a citation will be mailed. Hoover seconded and motion carried on a unanimous roll-call vote.
Check 17909 The Flower Box 85.00 # Payee Net 17910 HR Collaborative 40.00 17905 Henke, Kim 9.05 17911 Verendrye 343.21 17906 Miller, Tammy 9.05 17912 Verizon 15.06 17907 DL Barkie 57,535.74 17913 Western Frontier Ins Agency 6,220.00 17908 Farmers Union Oil Co 695.30 17914 1 Call Septic Service 510.00 17915 Schneider, Patrick 29.65 17916 Jack Anderson 1,628.89 17917 Mary Brookes 1,041.67 17946 BCBS 3,064.00 17918 Jayden Casavant 1,093.98 17947 Circle Sanitation 4,556.25 17919 Keith Crabb 1,818.20 17948 Fastenal 11.19 17920 Diane Fugere 1,772.27 17949 Ferguson 345.00 17921 Tanner Holte 973.76 17922 Anthony Pasterz 1,590.84 17950 First District Health Unit 107.10 17923 Rod Schwandt 92.35 17951 General Trading 284.37 179214 Rod Schwandt 240.11 17952 Hauser Farm Supply 190.00 99908 IRS 3,777.00 17953 Home of Economy 14.36 19725 Dignan, Cody 29.65 17954 ITD 50.00 17925 Jared Lundeen 18.00 17955 Menards 305.12 17926 Visa 1,325.00 17927 Xcel 2,083.30 17956 Midcontinent 70.00 17928 NDDES 1,807.06 17957 Minot Daily 178.85 17929 Jack Anderson 1,628.89 17958 Minot Restaurant Supply 31.45 17930 Mary Brookes 1,041.67 17959 NDLC 1,240.00 17931 Mary Brookes 184.70 17960 ND State Water Commission 6,337.76 17932 Jayden Casavant 1,093.98 17961 NDIRF 1,405.50 17933 Keith Crabb 1,818.20 17962 ND Surplus 300.00 17934 Diane Fugere 1,772.27 17963 Pringle & Herigstad 125.00 17935 Tanner Holte 1,018.46 17964 PFM 500.00 17936 Codie Miller 385.40 17965 Rain for Rent 670.25 17937 Anthony Pasterz 1,590.84 17966 Rath & Mehrer 4,000.00 17938 Delvin Stemen 335.19 17939 AFLAC 358.85 17969 through 19774 VOID 0.00 17940 Prudential 31.66 17975 Rensch 132.11 17941 NDPERS 3,702.24 17976 SRT 686.71 99907 IRS 3,882.11 17977 Share Corp 1,206.58 17942 Verizon 80.02 17978 Steen Construction 8,500.00 17943 Ackerman-Estvold 83,136.83 17979 Taser 219.01 17944 Aasen Landscaping 275.00 17980 UNUM 73.99 17945 ACME 617.12 17981 Ward County Auditors Office 200.00 17982 Xcel Energy 57.02
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor September 8, 2015 The Burlington City Council held their regular meeting September 8, 2015. Present were: Jerome Gruenberg, Daryn Hoover, Jeanine Kabanuk, Rod Kremer, Diane Fugere, Lynn Brooks, Jack Anderson, Tony Pasterz, Patrick Samson and other members of the community.
Kremer moved to approve the minutes of the August, 2015 meeting, Kabanuk seconded and motion carried unanimously.
Kabanuk moved to approve bills and payroll, Hoover seconded, motion carried unanimously.
Jack reported the pump on Kittleson is installed and working properly.
Jack asked about a clothing allowance for the public works employees. Hoover moved to approve 2 -3 pair of pants per year at $200 for each full time public works employee and $100 each, every 2 years, beginning January 1, 2016, Kremer seconded and motion carried on a unanimous roll call vote. Diane asked about increasing the building permit application fee to $60.00. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll call vote.
Jereomy Ova requested permission to use the city hall community room free of charge for a 4-wheeler training course for children. Council permission was given, asking that the police department attend the course to inform attendees of city ordinances regarding 4 wheelers.
Diane asked permission to request a Vehicle Donation from Enbridge, council approval was given.
Jay Johnson appeared before council to request a special meeting to review the proposed agreement between the Burlington Fire Department and the City. Rod Kremer, Jerome Gruenberg and Daryn Hoover would be available to meet.
Kabanuk moved to withdraw 2nd reading: Chapter 8. PETS (DOGS AND CATS), OTHER ANIMALS AND FOWL- if no response to auditor’s letter within 15 days, a citation will be mailed. Kremer seconded and motion carried on a unanimous roll-call vote.
Ward County Emergency Manager, Amanda Schooling, appeared before council to discuss amending the locations of four civil defense sirens; 3 in Highlands Ranch Addition; one in Harvest Heights Addition. Kremer moved to give Engineer Samson permission to proceed with amendments to the grant, Kabanuk seconded and motion carried on a unanimous roll call vote.
Kremer moved to approve the city pay any additional charges on these four sirens, Kabanuk seconded and motion carried on a unanimous roll call vote.
Council reviewed information on the police grant from ND Department of Trust Lands for an additional police officer. The city’s share being $5,908.63 for a 12 month period. Kremer moved to approve advertising a temporary full-time officer position in the Minot Daily News, Hoover seconded and motion carried on a roll-call vote: Kremer – yes; Hoover – yes; Kabanuk – no.
Patrick discussed closeout on the Force Main Project, with $486,792.68 final payment and $21,975.00 change order being due. Kabanuk moved to approve payment with the city’s share paid out of surge fund monies, Kremer seconded and motion carried on a unanimous roll call vote.
Kremer moved to authorize Patrick to solicit bids for jetting and televising sewer lines, Hoover seconded and motion carried on a unanimous roll call vote.
Kremer moved to approve on 2nd reading: MIGRANT MERCHANTS AND CONTRIBUTION SOLICITORS SECTION 6-404. FORM, TERMS, EFFECT AND ISSUANCE OF LICENSE : A PERSON APPLYING FOR A MIGRANT MERCHANT LICENSE OR CONTRIBUTION SOLICITOR LICENSE SHALL SUBMIT AN APPLICATION ON A FORM PROVIDED BY THE CITY AUDITOR, WHICH FORM SHALL INCLUDE SUCH INFORMATION AS THE CITY AUDITOR MAY REASONABLY REQUIRE WITH RESPECT TO THE IDENTITY AND PERSONAL HISTORY OF THE APPLICANT. AT A MINIMUM THE FORM SHALL REQUIRE THE APPLICANT TO STATE HIS NAME, AGE, CURRENT ADDRESS, ALL ADDRESSES USED BY HIM IN THE TWO (2) YEARS IMMEDIATELY PRIOR TO THE ACQUISITION BY HIM OF HIS CURRENT ADDRESS, PHONE NUMBER, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE STATE OF ISSUANCE AND NUMBER, PHYSICAL DESCRIPTION, BIRTH PLACE, OTHER NAMES WHICH THE APPLICANT HAS GONE BY OR USED, AND WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY, AND IF SO, WHICH FELONIES, WHERE, AND THE PUNISHMENT IMPOSED. IN ADDITION, THE APPLICANT SHALL PROVIDE HIS FINGERPRINTS AS PART OF OR IN CONNECTION WITH THE APPLICATION. THE APPLICANT MAY ANSWER ITEMS OF REQUESTED INFORMATION AS BEING NOT APPLICABLE TO HIM IF THAT IS THE CASE. THE TRUTHFULNESS OF THE INFORMATION SUPPLIED BY THE APPLICANT SHALL BE SWORN TO BY HIM UNDER OATH IN WRITING. THE APPLICANT SHALL ACCOMPANY HIS APPLICATION WITH A NONREFUNDABLE FEE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) TEN DOLLARS ($10.00) PER SALESMAN AND TWENTY FIVE ($25) PER FOR EACH BACKGROUND CHECK WITH A PROPOSED LICENSE BEARING HIS CURRENT PHOTO, WHICH LICENSE AND ITS CONTENTS SHALL CONFORM TO THE SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. THE LICENSE SHALL BE CONSIDERED GRANTED UPON THE SIGNATURE OF THE CITY AUDITOR THERETO IN THE SPACE PROVIDED. IN ADDITION TO THE FILING OF A PROPERLY COMPLETED APPLICATION FORM AND THE PAYMENT OF THE LICENSE FEE, THE APPLICANT FOR A MIGRANT MERCHANTS LICENSE SHALL ALSO FILE WITH THE CITY AUDITOR THE BOND REQUIRED UNDER SECTION 6-405. THE CITY AUDITOR SHALL ISSUE OR DENY THE LICENSE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRD DAY AFTER THE APPLICANT HAS COMPLIED WITH SUBSECTIONS (2) AND (3) HEREOF, PROVIDED THAT, HOWEVER, THE THREE- DAY PERIOD SHALL COMMENCE TO TURN ON THE DAY AFTER THE DAY ON WHICH THE APPLICATION PROCESS IS COMPLETED AND PROVED FURTHER THAT A SATURDAY, SUNDAY OR HOLIDAY SHALL NOT BE CONSIDERED A "DAY" FOR PURPOSES OF THIS SENTENCE. THE CITY AUDITOR SHALL ISSUE THE LICENSE WITHOUT REGARD TO THE NATURE OR CONTENT OF THE INFORMATION SUPPLIED BY THE APPLICANT ON THE APPLICATION FORM EXCEPT THAT HE SHALL DENY THE LICENSE IF HE HAS REASONABLE CAUSE TO BELIEVE THAT ANY MATERIAL ITEM OF INFORMATION APPEARING THEREON IS FALSE, IRRESPECTIVE THE APPLICANT'S INTENT IN PROVIDING THE INFORMATION. IF THE CITY AUDITOR TAKES NO ACTION WITHIN THE TIME PROVIDED HEREIN, THEN UPON THE EXPIRATION OF SUCH TIME, THE APPLICATION FOR A LICENSE SHALL BE DEEMED TO HAVE BEEN DENIED. NO NOTICE OF DENIAL TO THE APPLICANT IS REQUIRED IN ORDER TO MAKE SUCH DENIAL EFFECTIVE. IF AN APPLICANT HAS BEEN DENIED A LICENSE BY THE CITY AUDITOR SOLELY ON THE GROUNDS THAT THE CITY AUDITOR HAS REASONABLE CAUSE TO BELIEVE THAT A MATERIAL ITEM OF INFORMATION SUBMITTED BY THE APPLICANT IS FALSE, THE APPLICANT MAY AT ANY TIME THEREAFTER RENEW HIS APPLICATION OR SUBMIT A NEW APPLICATION, BUT NO LICENSE SHALL ISSUE TO HIM UNLESS HE SHALL PROVE TO THE CITY AUDITOR BY A PREPONDERANCE OF THE EVIDENCE THAT THE APPLICATION WHICH WAS DENIED WAS IN FACT SUBSTANTIALLY TRUE OR CORRECT WITH RESPECT TO THE CHALLENGED ITEMS, OR THAT AN INCORRECT OR FALSE INFORMATION PROVIDED BY HIM WAS SUBMITTED IN GOOD FAITH AS THE RESULT OF A MISTAKE, INADVERTENCE OR EXCUSABLE NEGLECT ON THE PART OF THE APPLICANT. A LICENSE SHALL EXPIRE 90 DAYS AFTER ITS SUBMISSION TO THE AUDITOR’S OFFICE UNLESS EARLIER SUSPENDED, REVOKED OR VOLUNTARILY SURRENDERED. IT IS NONTRANSFERABLE. LICENSE FEES ARE NOT SUBJECT TO PRORATING. A PERSON HOLDING A VALID LICENSE SHALL CONSPICUOUSLY DISPLAY IT ABOUT HIS PERSON WHILE ACTING PURSUANT TO THE AUTHORITY GRANTED BY THE LICENSE. BEFORE SO USING THE LICENSE FOR THE FIRST TIME, HOWEVER, HE SHALL LAMINATE THE LICENSE IN CLEAR PLASTIC IN ACCORDANCE WITH SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. AN APPLICANT WHO IS AGGRIEVED WITH ACTION TAKEN BY THE CITY AUDITOR SHALL HAVE A RIGHT TO APPEAL TO THE MAYOR AND IF FURTHER AGGRIEVED BY THE DECISION OF THE MAYOR HE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL, WHEREUPON HE SHALL BE DEEMED TO HAVE EXHAUSTED HIS ADMINISTRATIVE REMEDIES BEFORE JUDICIAL REVIEW OF GOVERNMENTAL ACTION IS PERMISSIBLE, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Egge property: Patrick reported he and Diane met with Teresa and Darrell from North Prairie Rural Water District to discuss water service for the Highlands ranch development. The issue is that water pressure is not available for service to the lots. To resolve the issue, either a booster pump or a temporary connection to the Egge subdivision would be required. The cheapest solution is a connection to the Egge water system. Both NPRW and Patrick met with Jessica Egge separately to discuss the easement. She was determining what compensation she wanted and having an attorney draw up documents. In order to make the connection to the Egge subdivision, an easement is required from the Egges and a rider with North Prairie Rural Water that allows them to sell water to these properties until the 10 inch transmission line is installed in Harvest Heights Addition. The issue was discussed by council on whether to grant the rider or keep the current agreement with NPRW. Council did not move to amend the agreement. The result is that the Developer will need to install a booster station.
Kremer moved to authorize Engineer Samson to advertise for bids for garbage service, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Darla Jost appeared before council to discuss the electronic message board to be located at 301 Johnson Street. The approximate cost being $40,000.00. Kabanuk moved to pay up to $15,000 toward purchase of the sign, Hoover seconded and motion carried on a unanimous roll-call vote. The city received a permit from NDDOT for an approach. Patrick noted it was for the Harvest Heights Addition access to Highway 2 and needs to be signed by the city so the site access can be constructed. Kremer moved to have the permit signed, Kabanuk seconded and the motion passed.
Patrick met with Keller Paving to see what is needed to get them to finish the project. They are looking for either relief of liquidated damages or consideration for work done. If approved they could finish this year. Patrick requested permission to discuss with the developer and modify the contact if the developer agrees to the changes and verified they will pay the balance of the contact. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Council reviewed information on new legislation regarding NDCC 40-55 allowing up to 6 mills levied for Public Recreation Systems. Kremer moved to approve the following measure on the city’s June 2016 ballot: Shall the City of Burlington levy a tax for its public recreation system not to exceed 6 (six) mills? Hoover seconded and motion carried on a roll-call vote with Kabanuk abstaining.
Lynn informed council of a change in NDCC Subsection 30 to section 40-05-02 giving cities the authority to establish an administrative board to consider increases to noncriminal violations. Judge Miller is attending a Municipal Judges Conference October 5, 2015 and will get more information for council on this matter.
Diane was instructed to contact Ashleigh Ensrud with Pringle & Herigstad regarding the Vetter matter.
Council discussed the Selfridge home that was destroyed by fire. It was determined the building is a “dangerous building”.
Diane presented the Ward County Emergency Management Memorandum of Understanding for council consideration. Council approval was given to approve Mayor Gruenberg’s signature.
Council reviewed correspondence from UCB pledged securities are adequate to cover our investments.
Building Permits: #745 Fred Washek County Rd 15 32x40 Pole Barn $ 119.00 #746 Zach Hvidsten 12 Robert St. 10x20 deck $ 56.00 #747 Hardtrigger Const 21 Meadow View Ct SFD $2868.00 #748 Hardtrigger Const 25 Meadow View Ct SFD $2889.00 #749 Hardtrigger Const 29 Meadow View Ct SFD $3877.00 #750 Hardtrigger Const 45 Meadow View Ct SFD $2841.00 #751 Mike Burckhard 22 Rolling Hills SFD $ 467.00 #752 James Moen Lot 12, B2 Highlands Ranch 3rd Addn 2232 sq ft shop $ 146.00 Hoover moved to approve all permits as presented with the exception of tabling #752, Kremer seconded and motion carried on a unanimous roll-call vote.
Kremer moved to pass on 2nd Reading: MIGRANT MERCHANTS AND CONTRIBUTION SOLICITORS SECTION 6-404. FORM, TERMS, EFFECT AND ISSUANCE OF LICENSE : A PERSON APPLYING FOR A MIGRANT MERCHANT LICENSE OR CONTRIBUTION SOLICITOR LICENSE SHALL SUBMIT AN APPLICATION ON A FORM PROVIDED BY THE CITY AUDITOR, WHICH FORM SHALL INCLUDE SUCH INFORMATION AS THE CITY AUDITOR MAY REASONABLY REQUIRE WITH RESPECT TO THE IDENTITY AND PERSONAL HISTORY OF THE APPLICANT. AT A MINIMUM THE FORM SHALL REQUIRE THE APPLICANT TO STATE HIS NAME, AGE, CURRENT ADDRESS, ALL ADDRESSES USED BY HIM IN THE TWO (2) YEARS IMMEDIATELY PRIOR TO THE ACQUISITION BY HIM OF HIS CURRENT ADDRESS, PHONE NUMBER, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE STATE OF ISSUANCE AND NUMBER, PHYSICAL DESCRIPTION, BIRTH PLACE, OTHER NAMES WHICH THE APPLICANT HAS GONE BY OR USED, AND WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY, AND IF SO, WHICH FELONIES, WHERE, AND THE PUNISHMENT IMPOSED. IN ADDITION, THE APPLICANT SHALL PROVIDE HIS FINGERPRINTS AS PART OF OR IN CONNECTION WITH THE APPLICATION. THE APPLICANT MAY ANSWER ITEMS OF REQUESTED INFORMATION AS BEING NOT APPLICABLE TO HIM IF THAT IS THE CASE. THE TRUTHFULNESS OF THE INFORMATION SUPPLIED BY THE APPLICANT SHALL BE SWORN TO BY HIM UNDER OATH IN WRITING. THE APPLICANT SHALL ACCOMPANY HIS APPLICATION WITH A NONREFUNDABLE FEE IN THE AMOUNT OF TWO HUNDRED DOLLARS ($200.00) TEN DOLLARS ($10.00) PER SALESMAN AND TWENTY FIVE ($25) PER FOR EACH BACKGROUND CHECK WITH A PROPOSED LICENSE BEARING HIS CURRENT PHOTO, WHICH LICENSE AND ITS CONTENTS SHALL CONFORM TO THE SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. THE LICENSE SHALL BE CONSIDERED GRANTED UPON THE SIGNATURE OF THE CITY AUDITOR THERETO IN THE SPACE PROVIDED. IN ADDITION TO THE FILING OF A PROPERLY COMPLETED APPLICATION FORM AND THE PAYMENT OF THE LICENSE FEE, THE APPLICANT FOR A MIGRANT MERCHANTS LICENSE SHALL ALSO FILE WITH THE CITY AUDITOR THE BOND REQUIRED UNDER SECTION 6-405. THE CITY AUDITOR SHALL ISSUE OR DENY THE LICENSE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRD DAY AFTER THE APPLICANT HAS COMPLIED WITH SUBSECTIONS (2) AND (3) HEREOF, PROVIDED THAT, HOWEVER, THE THREE- DAY PERIOD SHALL COMMENCE TO TURN ON THE DAY AFTER THE DAY ON WHICH THE APPLICATION PROCESS IS COMPLETED AND PROVED FURTHER THAT A SATURDAY, SUNDAY OR HOLIDAY SHALL NOT BE CONSIDERED A "DAY" FOR PURPOSES OF THIS SENTENCE. THE CITY AUDITOR SHALL ISSUE THE LICENSE WITHOUT REGARD TO THE NATURE OR CONTENT OF THE INFORMATION SUPPLIED BY THE APPLICANT ON THE APPLICATION FORM EXCEPT THAT HE SHALL DENY THE LICENSE IF HE HAS REASONABLE CAUSE TO BELIEVE THAT ANY MATERIAL ITEM OF INFORMATION APPEARING THEREON IS FALSE, IRRESPECTIVE THE APPLICANT'S INTENT IN PROVIDING THE INFORMATION. IF THE CITY AUDITOR TAKES NO ACTION WITHIN THE TIME PROVIDED HEREIN, THEN UPON THE EXPIRATION OF SUCH TIME, THE APPLICATION FOR A LICENSE SHALL BE DEEMED TO HAVE BEEN DENIED. NO NOTICE OF DENIAL TO THE APPLICANT IS REQUIRED IN ORDER TO MAKE SUCH DENIAL EFFECTIVE. IF AN APPLICANT HAS BEEN DENIED A LICENSE BY THE CITY AUDITOR SOLELY ON THE GROUNDS THAT THE CITY AUDITOR HAS REASONABLE CAUSE TO BELIEVE THAT A MATERIAL ITEM OF INFORMATION SUBMITTED BY THE APPLICANT IS FALSE, THE APPLICANT MAY AT ANY TIME THEREAFTER RENEW HIS APPLICATION OR SUBMIT A NEW APPLICATION, BUT NO LICENSE SHALL ISSUE TO HIM UNLESS HE SHALL PROVE TO THE CITY AUDITOR BY A PREPONDERANCE OF THE EVIDENCE THAT THE APPLICATION WHICH WAS DENIED WAS IN FACT SUBSTANTIALLY TRUE OR CORRECT WITH RESPECT TO THE CHALLENGED ITEMS, OR THAT AN INCORRECT OR FALSE INFORMATION PROVIDED BY HIM WAS SUBMITTED IN GOOD FAITH AS THE RESULT OF A MISTAKE, INADVERTENCE OR EXCUSABLE NEGLECT ON THE PART OF THE APPLICANT. A LICENSE SHALL EXPIRE 90 DAYS AFTER ITS SUBMISSION TO THE AUDITOR’S OFFICE UNLESS EARLIER SUSPENDED, REVOKED OR VOLUNTARILY SURRENDERED. IT IS NONTRANSFERABLE. LICENSE FEES ARE NOT SUBJECT TO PRORATING. A PERSON HOLDING A VALID LICENSE SHALL CONSPICUOUSLY DISPLAY IT ABOUT HIS PERSON WHILE ACTING PURSUANT TO THE AUTHORITY GRANTED BY THE LICENSE. BEFORE SO USING THE LICENSE FOR THE FIRST TIME, HOWEVER, HE SHALL LAMINATE THE LICENSE IN CLEAR PLASTIC IN ACCORDANCE WITH SPECIFICATIONS ESTABLISHED BY THE CITY AUDITOR. AN APPLICANT WHO IS AGGRIEVED WITH ACTION TAKEN BY THE CITY AUDITOR SHALL HAVE A RIGHT TO APPEAL TO THE MAYOR AND IF FURTHER AGGRIEVED BY THE DECISION OF THE MAYOR HE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL, WHEREUPON HE SHALL BE DEEMED TO HAVE EXHAUSTED HIS ADMINISTRATIVE REMEDIES BEFORE JUDICIAL REVIEW OF GOVERNMENTAL ACTION IS PERMISSIBLE, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Kremer moved to strike 1st reading: Chapter 8. PETS (DOGS AND CATS), OTHER ANIMALS AND FOWL- if no response to auditor’s letter within 15 days, a citation will be mailed. Hoover seconded and motion carried on a unanimous roll-call vote. The preliminary budget for 2016 was reviewed by council. Kremer moved to approve with various changes, with increase to Fire Department Insurance approved contingent on the city auditor reviewing the Burlington Fire Department financial information before final budget in October 2016, Hoover seconded and motion carried on a unanimous roll-call vote.
After discussion on police department shifts, it was determined both officers would meet with Gruenberg & Kremer within the next two weeks.
Check 17989 One Call 24.20 # Payee Net 17990 Verendrye Electric 337.23 17983 ND Post Board 25.00 17991 Verizon 14.23 17984 Wagner Construction 70,000.00 17992 NDIRF 141.67 17985 Wagner Construction 1,815,083.77 17993 Jack Anderson 1,628.89 17986 Farmers Union Oil Co 914.86 17994 Mary Brookes 1,041.67 17987 MDU 25.91 17995 Jayden Casavant 1,106.84 17988 State Auditors Office 165.00 17996 Keith Crabb 1,818.20 17997 Keith Crabb 633.42 17998 Diane Fugere 1,772.27 18032 Engineering America 300.00 17999 Tanner Holte 786.50 18033 Farmers Union Oil Co 506.62 18000 Anthony Pasterz 1,590.84 18034 First District Health Unit 44.00 18001 Anthony Pasterz 649.25 18035 First Western 11,098.00 18002 Rod Schwandt 92.35 18003 Rod Schwandt 240.11 18036 Flowpoint Environmental 1,946.85 99906 IRS 4,005.94 18037 General Trading 94.30 18004 Verizon 80.02 18038 Hawkins 421.00 18005 Xcel 59.60 18039 Hauser's 66.95 18006 Trinity Health 40.00 18040 Hedman, Chad 33.60 18007 Visa 973.27 18041 Home of Economy 34.70 18008 SRT 694.32 18009 Jack Anderson 1,628.89 18042 Larsco 1,922.78 18010 Mary Brookes 1,041.67 18043 Leighton, Samuel 75.00 18011 Mary Brookes 184.70 18045 MDU 22.06 18012 Keith Crabb 1,810.20 18046 Menards 30.80 18013 Jayden Casavant 1,093.98 18047 Midcontinent Cable 70.00 18014 Diane Fugere 1,772.27 18048 Minot Lumber 8.97 18015 Codie Miller 385.40 18049 ND State Water Comm 8,403.44 18016 Anthony Pasterz 1,590.84 18050 One Call 24.20 18017 Delvin Stemen 307.35 18051 Preferred Controls 6,552.00 18018 AFLAC 358.85 18052 Pringle & Herigstad 1,330.00 18019 Prudential 28.94 18020 NDPERS 3,702.24 18053 Ryan Chevrolet 276.31 99905 IRS 3,523.43 18054 Schocks 11.25 18021 Tanner Holte 206.86 18055 Share Corp 1,127.88 99904 IRS 34.28 18056 Souris Basin Pl Council 215.19 18022 3-D Specialties 474.00 18057 Swanston 65.65 18023 Ackerman-Estvold 233,493.47 18058 US Bank 800.00 18024 ACME 466.78 18059 UNUM 73.99 18025 Arnstson Stewart Wagner 7,597.39 18060 USA Blue Book 416.78 18026 BCBS 3,064.00 18061 Verendrye Electric 347.60 18027 Bechtold Paving 6,404.70 18062 Verizon 15.02 18028 Burlington Electric 1,693.65 18063 Wagner Construction 508,767.68 18029 Case IH 397.50 18064 Ward Coy Auditors Office 350.00 18065 Western Steel 365.90 18030 Circle Sanitation 4,569.25 18066 Xcel Energy 2,248.42 18031 Computech 217.25
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor October 5, 2015 The Burlington City Council held their regular meeting October 5, 2015. Present were: COUNCIL PRESIDENT Brett Casavant, Daryn Hoover, Jeanine Kabanuk, Rod Kremer, Diane Fugere, Lynn Brooks, Jack Anderson, Tony Pasterz, Keith Crabb, Codie Miller, Patrick Samson and other members of the community.
Kremer moved to approve the minutes of the September, 2015 meeting, Kabanuk seconded and motion carried unanimously.
Kabanuk moved to approve bills and payroll, Kremer seconded, motion carried unanimously.
Chief Crabb asked about purchasing inscription chips to update their radios to work with Ward County Sheriff’s Office frequency. Kabanuk moved to approve purchase, Kremer seconded and motion carried on a unanimous roll-call vote. Council reviewed an estimate from 1 Call Septic for camera/jetting service of city sewer lines, totaling $64,500.00. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane updated council on the status of Selfridge’s burned home.
Council reviewed the Contract for Fire Protection between the City of Burlington and the Burlington Rural Fire Department. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
The fire department discussed locating their training tower by the fire hall building. Kabanuk moved to approve the location pending written approval of neighbors and submitting a building permit application for approval at the November council meeting, Hoover seconded and motion carried on a unanimous roll-call vote.
After discussion on attorney fees and activity, Rod Kremer offered to contact Jim Nostdahl.
Patrick informed council that Colton Lee Communities would like the city to amend their contract with North Prairie Rural Water to allow a temporary connection to the Egge subdivision for water service to Highlands Ranch Addition rather than install a booster pump. No action was taken.
Council reviewed bids for garbage service: Circle Sanitation $12.80/residence – 96 gallon tote Waste Management $13.30/residence – 96 gallon tote Kabanuk moved to award the contract to Circle Sanitation on a 5 year contract, Kremer seconded and motion carried on a unanimous roll-call vote.
Council reviewed information on the Home Rule Charter process. Kabanuk moved to cause a home rule charter to be framed and submitted for adoption to the qualified electors of the city, Kremer seconded and motion carried on a unanimous roll-call vote.
Council then considered appointment to the Home Rule charter Commission: Jeanine Kabanuk, Daryn Hoover, Codie Miller, Brian Horinka, Jeana Rynstad. Kremer moved to approve appointments, Kabanuk seconded and motion carried on a unanimous roll-call vote.
Diane presented the following rate increases: Water – 1st 1000 gallons - $11.00; each addition 1000 gallons - $3.75 Out of Town Accounts – 1st 1000 gallons - $18.00; each additional 1000 gallons - $4.00 Sewer - $14.00 Garbage - $17.00 Kremer moved to approve rates as presented, Hoover seconded and motion carried on a unanimous roll-call vote.
A petition was presented to council requesting the following measure be placed on the city ballot in the June 2016 city election: Shall the City of Burlington levy a tax for its public recreation system not to exceed 6 (six) mills? ___ Yes ___ No Kabanuk moved to accept the petition and approve placing the measure on the June 2016 city ballot, Kremer seconded and motion carried on a unanimous roll-call vote.
Kremer moved to approve the final budget as presented, Hoover seconded and motion carried on a unanimous roll-call vote.
Building Permits: #753 Aaron Rosenthal 2820 75th St NW House Addition $ 194.00 #754 Renee Webb 3700 Grayson Drive Single Family Dwelling $3335.00 Hoover moved to approve, Kremer seconded and motion carried on a unanimous roll-call vote. Engineer Samson discussed amending the locations of two civil defense sirens; move #10 to the city lagoon; move #9 down the hill near the DXP building, Highlands Ranch 2nd Addition. Kremer moved to give Engineer Samson permission to proceed with amendments to the grant, Kabanuk seconded and motion carried on a unanimous roll call vote.
Engineer Samson discussed correspondence from the ND State Engineer’s office regarding the city’s bulk water station permit.
Check 18102 BCBS 3,064.00 # Payee Net 18103 Jerome Gruenberg 776.78 18067 Verizon 80.02 99902 IRS 3,727.40 18068 Jack Anderson 1,628.89 18104 Keith Crabb 8.00 18069 Mary Brookes 1,041.67 18105 ND Tax Commissioner 822.00 18070 Jayden Casavant 1,093.98 18106 Tony Pasterz 35.00 18071 Keith Crabb 1,860.80 18107 1 Call Septic Services 670.00 18072 Diane Fugere 1,808.85 18108 Ackerman-Estvold 7,021.26 18073 Anthony Pasterz 1,590.84 18109 Burlington Electric 386.00 18074 Rod Schwandt 387.87 18110 Chief Supply 207.08 18075 Rod Schwandt 92.35 18111 Circle Sanitation 4,647.25 18076 IRS 3,461.97 18112 Farmers Union Oil 246.43 18077 Diane Fugere 36.58 First District Health 18078 Brown, Erin 15.00 18113 Unit 44.00 18079 UNUM 73.99 18114 Gaffaneys 71.34 18080 Visa 2,215.97 18081 Xcel Energy 92.93 18115 HD Supply 19.53 18082 Northern Plains Equip 397.50 18116 Hoff, Terilynn 9.80 18083 Emerson, Austin 50.00 18117 Holiday Inn 1,040.00 18084 AFLAC 358.85 18118 Holland Contracting 15.00 18085 Jack Anderson 1,962.39 18119 Larsco 305.02 18086 Mary Brookes 1,392.67 18120 MDU 38.17 18087 Mary Brookes 184.70 18121 Midcontinent Comm 70.00 18088 Jayden Casavant 1,093.98 18089 Keith Crabb 1,868.20 18122 Minot Daily News 361.35 18090 Diane Fugere 1,772.27 18123 Minot Vet Clinic 68.00 18091 Tanner Holte 58.18 18124 NAPA 428.02 18092 Codie Miller 385.40 18125 ND State Water Comm 7,085.02 18093 Anthony Pasterz 1,590.84 18126 Niess Repair 117.00 18094 Rod Schwandt 333.50 18127 Preferred Controls 509.04 18095 Delvin Stemen 334.12 18128 SRT 684.95 18096 Daryn Hoover 207.29 18097 Jeanine Kabanuk 705.05 18129 Team Electronics 100.00 18130 US Bank 26,223.75 18098 Kaden Letvin Fund 225.00 18099 Brett Casavant 207.79 18131 Verizon 15.02 18100 NDPERS 3,702.24 18132 Wagner Const 49,062.75 18101 Prudential 32.56 18133 Xcel Energy 2,350.16
Respectfully submitted,
______Diane Fugere, Auditor Brett Casavant, Council President November 2, 2015 The Burlington City Council held their regular meeting November 2, 2015. Present were: Mayor Jerome Gruenberg, Brett Casavant, Daryn Hoover, Rod Kremer, Diane Fugere, Lynn Brooks, Jack Anderson, Tony Pasterz, Keith Crabb, Patrick Samson and other members of the community. Casavant moved to approve the minutes of the October, 2015 meeting, with the following changes: The fire department discussed locating their a 45’ training tower by the fire hall building. Kabanuk moved to approve the location pending written approval of neighbors and submitting a building permit application for approval at the November council meeting, Hoover seconded and motion carried on a unanimous roll-call vote. Kremer seconded and motion carried on a unanimous roll-call vote.
Casavant moved to approve bills and payroll, Kremer seconded, motion carried unanimously.
Chief Crabb informed council he interviewed Shane Boulds for the temporary officer position available through the Criminal Justice Oil Impact Grant, term expiring June 30, 2017. Mayor Gruenberg and Police Commissioner Kremer also interviewed Boulds. With Crabb recommending approval to hire Boulds, Kremer moved to approve, Casavant seconded and motion carried on a unanimous roll-call vote.
Lynn Brooks asked council permission to reduce Vetter’s fine once the footings are installed and inspected by Rod Schwandt. Council approval was given.
The Burlington Fire Department asked for a map of all hydrants in the city’s new developments. Engineer Samson will get a map to them.
Colton Behr, Colton Lee Communities, appeared before council to discuss water line options for Highlands Ranch 3rd Addition. Council reviewed and discussed the Addendum to Water Service Agreement between North Prairie Rural Water and the city. Casavant moved to approve the addendum, Kremer seconded and motion carried on a unanimous roll-call vote.
Joe Swital, Triangle Electric, appeared before council to request a Special Use Permit for a temporary 8x20 office trailer on Lots 14, 15, 16 Speedway Addition. The purpose of the trailer to be used for employees to meet and be transported to and from job sites. Casavant moved to approve the Special Use Permit, with a sunset clause for January 1, 2018, Hoover seconded and motion carried on a unanimous roll-call vote.
Suzette Perron appeared before council to discuss a pet letter she received from the Police Department. She asked to receive notices via email going forward.
Council discussed the fee for a second tote. Circle Sanitation charges $2.60. Kremer moved to charge $3.00 for a second tote, Hoover seconded and motion carried on a unanimous roll-call vote.
Kremer discussed meeting with Brian Boppre and Casey Furey with Boppre Law Firm. Council asked Diane to call them to attend the next council meeting.
Building Permits: #755 Anasazi Builders Single Family Dwelling 3704 Grayson Drive $2951 #756 Burlington Fire Dept 35’ training tower 225 Johnson St $ 142 #757 Ryan Schwandt 12x16 deck 3 Willow St $ 16 #758 George Poitra detached garage 3612 Grayson Drive $ 181 Hoover moved to approve permit numbers 755, 757, 758, Kremer seconded and motion carried on a unanimous roll-call vote. Regarding building permit #756, the Burlington Fire Department is requesting a variance for a 45’ training tower. Casavant moved to deny the variance, Kremer seconded and motion carried on a unanimous roll- call vote. Hoover moved to approve building permit #756 at 35’, Casavant seconded and motion carried on a unanimous roll-call vote.
Council reviewed correspondence from UCB pledged securities are adequate to cover our investments.
Check 18136 One Call 24.20 # Payee Net 18137 Verendrye Electric 359.44 18134 Rocky Yale 161.25 18138 Verizon 80.02 18135 Baily, Ryan 34.05 18139 Jack Anderson 1,628.89 18140 Mary Brookes 1,053.17 18141 Jayden Casavant 1,093.98 18169 Ackerman-Estvold 7,575.79 18142 Keith Crabb 1,868.20 18170 American Welding & Gas 34.14 18143 Diane Fugere 1,735.69 18171 Burlington Electric 284.00 18144 Anthony Pasterz 1,590.84 18172 Circle Sanitation 4,647.25 18145 Anthony Pasterz 712.65 18173 First District Health Unit 44.00 18146 Rod Schwandt 92.35 18174 Graphic Lettering & Trim 50.00 18147 Rod Schwandt 184.70 18175 Heyer, Harlan 75.00 99901 IRS 3,602.01 18176 Holland Contracting 15.00 18148 UNUM 73.99 18177 Home of Economy 60.52 18149 Xcel Energy 87.37 18178 Johns, Jennifer 50.00 18150 Jayden Casavant 27.55 18179 Magic City Garage Door Co 187.50 18151 Tarpley, Chadd 50.00 18180 MDU 72.91 18152 Visa 1,400.11 18181 Midco Communications 70.00 18153 Ackerman-Estvold 4,333.13 18182 Minot Daily News 100.01 18154 SRT 674.25 18183 NAPA 5.79 18155 AFLAC 358.85 18184 NDLC 1,125.00 18156 BCBS 3,064.00 18185 ND State Water Comm 5,887.71 18157 Jack Anderson 1,962.39 18186 Niess Repair 389.00 18158 Mary Brookes 1,392.67 18187 Pioneer Research Corp 3,918.30 18159 Mary Brookes 184.70 18160 Jayden Casavant 1,093.98 18188 Pringle & Herigstad 1,557.50 18161 Keith Crabb 1,868.20 18189 Radisson 80.10 18162 Diane Fugere 1,772.27 18190 Sign D'zyn 104.00 18163 Codie Miller 385.40 18191 Swanston 3,911.35 18164 Anthony Pasterz 1,590.84 Third Watch 18192 Communications 287.00 18165 Delvin Stemen 92.35 18166 NDPERS 3,702.24 18193 Trinity Health 10.00 18167 Prudential 9.00 18194 USA Bluebook 676.35 99900 IRS 3,489.52 18195 Xcel Energy 2,219.81 18168 1 Call Septic Services 135.00
Respectfully submitted,
______Diane Fugere, Auditor Brett Casavant, Council President December 7, 2015 The Burlington City Council held their regular meeting December 7, 2015. Present were: Mayor Jerome Gruenberg, Daryn Hoover, Rod Kremer, Diane Fugere, Lynn Brooks, Jack Anderson, Tony Pasterz, Keith Crabb, Shane Boulds, Patrick Samson and other members of the community. (Brett Casavant joined the meeting 7:56)
Kremer moved to approve the November 2015 minutes, Hoover seconded, motion carried unanimously.
Kremer moved to approve bills and payroll, Hoover seconded, motion carried unanimously.
Chief Crabb reported Shane’s patrol unit was involved in a hit and run in a parking lot in Minot. Crabb was able to buff off the rubber scuff marks and the Minot Police will be filing a report on the driver.
Kremer moved to approve ordering a city credit card for Officer Shane Boulds with a limit of $2,000.00, Hoover seconded and motion carried on a unanimous roll-call vote.
Deputy Auditor Lynn Brooks asked about increasing the water deposit from $75.00 to $100.00. Kremer moved to approve the increase, Hoover seconded and motion carried on a unanimous roll-call vote.
Diane asked for approval to pay year-end bills, Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote. Anderson asked council to consider increasing the street repair deposit for new hookups.
Boppre Law Firm appeared before council with interest in providing legal services for the City. After discussion, Kremer moved to approve hiring Boppre Law Firm as city attorneys, Hoover seconded and motion carried on a unanimous roll-call vote.
Patrick informed council Joel Feist, Real Builders, would like to form a Paving District to compete the approach to Harvest Heights. No action was taken.
Patrick presented an estimate to install a 10” water transmission Line and Tower from Harvest Heights Addition to Highlands Ranch Addition. Kremer moved to approve applying for a cost share grant with the ND State Water Commission, Hoover seconded and motion carried on a unanimous roll-call vote.
At 7:56 Brett Casavant joined the meeting.
Mayor Gruenberg discussed filling the vacant council position by appointing Sara Nett Torgrimson. Kremer moved to approve, Hoover seconded and motion carried on a unanimous roll-call vote.
Discussion on changing the terms of use of Comp Hours in the employee policy was tabled for further information.
Council reviewed correspondence from UCB pledged securities are adequate to cover our investments.
Officer Pasterz asked council about purchasing new rifles for the police department. The matter was tabled.
Building Permits: #759 Chad Rosencrans 50x80 Shop 10001 S Project Rd $286
Hoover moved to approve, Casavant seconded and motion carried on a unanimous roll-call vote.
Check 18218 Jack Anderson 1,628.89 # Payee Net 18219 Shane Boulds 1,384.73 18196 Verizon 15.02 18220 Mary Brookes 1,030.19 18197 Gagne, Jennifer 20.85 18221 Mary Brookes 184.70 18198 Ward Co Auditors Office 1,324.71 18222 Jayden Casavant 1,093.98 18199 DeSour Valley EDC 5,000.00 18223 Keith Crabb 1,868.20 18200 Farmers Union Oil co 266.92 18224 Diane Fugere 1,772.27 18201 One Call 22.00 18225 Codie Miller 385.40 18202 Verendrye Electric 375.46 18226 Anthony Pasterz 1,590.84 18203 Verizon 80.02 18227 Delvin Stemen 92.35 18204 Codie Miller 143.75 18228 NDPERS 3,702.24 18205 Jack Anderson 1,628.89 18229 Prudential 9.00 18206 Shane Boulds 1,409.73 99897 IRS 441.20 18207 Mary Brookes 1,030.19 99896 IRS 3,489.53 18208 Keith Crabb 1,868.20 18230 IRS 422.82 18209 Jayden Casavant 1,093.98 18231 Mary Brookes 22.96 18210 Diane Fugere 1,772.27 18232 Blue Cross 4,572.40 18211 Anthony Pasterz 1,590.84 18233 UNUM 73.99 18212 Rod Schwandt 92.35 18234 Ackerman-Estvold 4,279.38 18213 Rod Schwandt 184.70 18235 ACME 91.86 99899 IRS 441.20 18236 Black Mt. Software 2,498.00 99898 IRS 3,440.55 18237 Circle Sanitation 4,902.17 18214 Xcel Energy 77.68 18238 City of Watford City 552.74 18215 AFLAC 358.85 18239 Computech 503.45 18216 Visa 1,321.13 18240 Ehlers, Randy 607.83 18217 Feist, Sue 50.00 18241 Farmers Union Oil co 367.94 First Choice Physical 18242 Therapy 54.69 18243 First District Health Unit 44.00 North Country 18244 Gravel Products 196.63 18296 Sportswear 188.00 18245 Lowes Printing 146.70 18257 One Call 14.30 18246 MDU 184.74 18258 Pringle & Herigstad 3,815.00 18247 Midcontinent 70.00 18259 PFM 24,247.04 18248 Minot Daily News 67.89 18260 SRT 742.52 18249 Minot Lumber 190.83 18250 Minot Restaurant Supply 76.85 18261 Team Electronics 266.00 18251 Muus Lumber 137.92 18262 Third Watch Comm 77.00 18292 NAPA 149.99 18263 Trinity Health 40.00 18293 ND Rural Water Systems 225.00 18264 Uniform Center 300.28 18294 ND State Water Comm 5,793.35 18265 US Bank 875.00 18295 NDIRF 0.85 18266 Verizon 15.02 18267 Xcel Energy 2,142.06
Respectfully submitted,
______Diane Fugere, Auditor Jerome Gruenberg, Mayor