May 4, 2021 Regular Meeting
The Lakota City Council held its regular meeting May 4th, 2021, at the City Hall. Mayor Hooey called the meeting to order at 6:00 p.m. All Council Members were present. David Matejcek, Bruce Anderson, Angela Herda, Kara Koski, Matthew Koski and Sheriff Keith Olson were in attendance. City Attorney Jayme Tenneson, City Auditor Amie Vasichek, City Supt. Josh Ulland and Engineer Barry Glienke were in attendance.
Member Hess made a motion to approve the April 6th, 2021 regular council meeting minutes seconded by Member R. Mattern. Motion carried.
Member Hess made a motion to approve the April 6th, 2021 Tax Equalization meeting minutes seconded by Member R. Mattern. Motion carried.
UNFINISHED BUSINESS
Member Vasichek made a motion to approve the second reading of Ordinance 17.0405 – Buildings for Human Habitation, seconded by Member R. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Ordinance 17.0405
BUILDINGS FOR HUMAN HABITATION
Any building or structure to be used as a dwelling for human beings to be
placed or constructed in the City of Lakota after passage of this ordinance shall meet the following criteria before a permit is issued.
(A) The structure built to be used as a dwelling when completed will have at least (720) square feet of living area. Living area shall be defined as enclosed area, exclusive of garage or unfinished portions. The dwelling must be on a permanent foundation or blocks with footings with reinforced concrete with a depth of not less than 36 inches below the surface of the ground.
(B) No single wide mobile homes will be permitted to be moved inside the
City Limits of the City of Lakota, North Dakota.
- No single wide mobile home that is currently placed in the City
Limits of the City of Lakota may be moved to another location
in the City Limits of the City of Lakota.
(C) No manufactured home, double wide home or modular home which has
been previously condemned may be moved inside the City Limits of
Lakota, North Dakota. No modular home or manufactured home that is older than 5 years may be moved inside the City Limits of Lakota, North Dakota. All modular homes double wide, and manufactured homes must be on a permanent foundation or blocks with footings with reinforced concrete with a depth of not less than 36 inches below the surface of the ground. When requesting a permit, the applicant must bring in front of the City Council the following:
- A copy of the title to modular, double, or manufactured home, as
record of year and model.
- Pictures of each side of modular, double, or manufactured home,
pictures of all four sides (floor and ceiling) of each interior room.
- Plans for permanent foundations, blocks footings and anchoring, per current building code, with anticipated completion dates, not to exceed 90 days.
- If the modular, double, or manufactured home, permanent foundation, blocks, footings, and anchoring is not completed in ninety days, owner must present plans again to the Lakota City Council to reevaluate and approve.
- Board may make a physical inspection of the modular, double, or manufactured home prior to approving permit.
- Documentation of the modular, double, or manufactured home (pictures, title, and plans) will be kept on file in City Hall, during and after the approval process.
(D)All ordinances and parts of ordinances or codes in conflict, hereafter
is repealed.
(E) This ordinance shall be in full force and effective from and after its passage and approval by the Lakota City Council.
Member Hess made motion to approve the second reading of Ordinance 10.0401 – Prohibiting the operation of Marijuana Cultivation Facility, seconded by Member Vasichek. On a roll call vote, all members voting in favor. Motion carried.
Ordinance 10.0401 - AN ORDINANCE PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITY, MARIJUANA PRODUCT MANUFACTURING FACILITY, MARIJUANA TESTING FACILITIES, RETAIL MARIJUNA STORES.
- Marijuana Cultivation Facility—The operation of marijuana cultivation facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.
- Marijuana Product Manufacturing Facility—The operation of marijuana product manufacturing facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.
- Marijuana Testing Facilities—The operation of marijuana testing facilities authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota
- Retail Marijuana Stores—The operation of retail Marijuana stores authorized under North Dakota Law is prohibited within the city limits of Lakota, North Dakota.
Mayor Hooey recognized Engineer Glienke.
Engineer Glienke provided the council with Pay Estimate #1 for the Water Transmission Line for all the work completed thru April 23rd, 2021. Engineer Glienke stated with the funds of $300,000 coming from CDBG, the pay estimate #1 was reduced to $578,925.28.
Member Vasichek made a motion to approve Wagner Construction Pay Estimate #1 for $578,925.28 for the Water Transmission Line project, seconded by Member Hess. On a roll call vote, all members voting in favor. Motion carried.
Engineer Glienke stated Monster Lawn should be in the city this week to plant grass.
Attorney Tenneson entered the meeting at 6:07pm.
Engineer Glienke stated he will be sending Auditor Vasichek some close out documents shortly for the project.
Member D. Mattern questioned if the council could move their meetings back to the first of the month now. Some council members voiced their support to permanently keep the council meetings on the 1st Tuesday of the month. Member D. Mattern stated that schedule does not work for his life. Mayor Hooey stated the meetings will be put back to the 1st Monday of the month after the June 1st meeting. Mayor Hooey stated he will not be able to attend the June 1st, 2021 meeting and Council President Bill Solberg will need to preside.
Kara Koski and Matthew Koski entered the meeting at 6:11pm.
Attorney Tenneson stated the letters for the owners of the two dangerous buildings are ready to be sent out. Mayor Hooey stated he asked Attorney Tenneson to hold off on sending the letters out so he could provide time to speak to John Whitman. Mayor Hooey stated he has spoken to Mr. Whitman so Attorney Tenneson could send the letters now.
Mayor Hooey stated he measured Matt and Angela Herda’s setback on their building project and he believes the overhang in violation of the 5’ variance approved by council in 2019. Mayor Hooey stated he measured the overhang to be 2.5’ over.
Member Hess stated he was concerned with the city going down a slippery slope with allowing a violation such as this when it could be easily corrected now.
Attorney Tenneson stated he stands by his memo provided to the council recommending follow the city ordinances but felt after discussion with Bruce Anderson about the project he would now suggest the city and the Herda’s could come up with a compromise to shorten the overhang.
Mrs. Herda stated the current overhang is extending out more than they had anticipated, and they planned to cut it back by 1 foot. Mrs. Herda stated the overhang would then be only 1.5’ passed the line. Mrs. Herda stated Supt. Ulland suggested to her to apply for an additional 5’ variance.
Member D. Mattern stated he does not believe the overhang is an issue and that Josh Nelson’s new house is also in violation of setbacks. Mayor Hooey questioned Mrs. Herda if the east side of the property was within the setbacks. Mrs. Herda stated the east side should be correct and within the setback. Attorney Tenneson stated the city would need to go through the appropriate procedures for a request for a variance by publicizing the request for 2 weeks and then having a public hearing to discuss.
Member Fahey questioned why the request is for 5’ variance instead of a 1.5’ variance since that is all that is needed. Member Fahey stated if an additional 5’ variance is approved the Herda’s would not officially need to cut one foot from the overhang and that is the real issue. Mayor Hooey stated it is needed so it includes the cement work.
Attorney Tenneson questioned if Mrs. Herda has discussed the request for a variance with any of their neighbors. Mrs. Herda stated she has not. Attorney Tenneson stated the public hearing would allow the public with an opportunity to provide input on the matter and to also send a letter out to all neighbors, so they are aware.
Member Solberg made a motion to hold a special meeting on May 24th, 2021 at 8am to discuss a variance request from Matt and Angela Herda, seconded by Member Vasichek.
Bruce Anderson and Angela Herda left the meeting at 6:35pm.
Mayor Hooey recognized Kara Koski.
Mrs. Koski stated the pool house will need a new water heater. Different options were discussed amongst council.
Member Vasichek made a motion to approve up to $2,000 for a new water heater at the Lakota Swimming Pool House, seconded by Member Solberg. On a roll call vote, all members voting in favor. Motion carried.
Mrs. Koski stated she is finding it difficult to fully staff with lifeguards this year. Member Vasichek suggested the city to sponsor a scholarship of sorts to entice more applicants. No action taken.
Mrs. Koski stated the area north of the pool needs to be repaired before the pool is open for the season. Mrs. Koski stated she understands the city would like to wait until the fall to plant grass but felt it should be done before the season as it will become a muddy area and be a problem tracking mud around.
Member Solberg stated he would ask Troy Bullis for a quote to pour a concrete slab that would be approximately 10’ X 60’. It was suggested to also get an estimated from Walhalla Building Center as they plan to be in Lakota for a separate project within the next month.
Mayor Hooey stated he will volunteer his time to grade the area correctly prior to the project.
Member Vasichek suggested communicating with the school Vo-Ag class about building benches for next summer.
Mrs. Koski stated the pool house is overdue for paint and Matthew Koski would be available to complete the work, but the Park Board does not have the funds for paint or labor for the project.
Member Vasichek made a motion to approve the expense of paint and Matthew Koski’s labor to paint the swimming pool house, seconded by Member Hess. On a roll call vote, all members voting in favor. Motion carried.
Mrs. Koski stated the stairs going into the pool are damaged. Supt. Ulland looked into options for this, and the repair cost is $2,678; keeping the stair forms and purchasing new steps is $3,199; or purchasing entirely new stairs is $3,700.
Member Vasichek made a motion to approve half the cost of purchasing new walk-in stairs for the swimming pool, seconded by Member Hess. On a roll call vote, all members voting in favor. Motion carried.
Mrs. Koski stated she would like grass planted at her corner of her house where the street project was completed. Supt. Ulland stated he would get that handled this month.
Kara Koski and Matthew Koski left the meeting at 7:03pm.
Mayor Hooey recognized David Matejcek.
Mr. Matejcek stated he would like to purchase city property (Lots 9-12, Block 7, South Addition). Attorney Tenneson stated with the current issues at the Herda property, the city needs to follow current ordinances/policies and have a better building permit form. Attorney Tenneson suggested all building permits should have building plans attached, elevation drawings, certificate of survey and have the property staked out so the City Superintendent can visually see where the construction is at.
Member Vasichek made a motion to approve revising the city building permit application form to require the applicant to include a certificate of survey, elevation drawings, building plans and a drawing on a plat map the location of proposed structure, seconded by Member D. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Member Hess made a motion to approve David Matejcek’ s offer of $7,000 for Lots 9-12 Block 10 in the South Addition, seconded by Member D. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Mr. Matejcek left the meeting at 7:20pm
Mayor Hooey recognized Sheriff Olson.
Sheriff Olson stated his department had over 209 calls last months and also arrested a car thief.
Sheriff Olson left the meeting at 7:25pm
Mayor Hooey stated the next item on the agenda is Caldwell Tanks dispute. This item may be discussed in an executive session. The legal authority for closing this portion of the meeting is North Dakota Century Code section 44-04-19.2. The topic or purpose of this executive session is negotiation strategy regarding the Caldwell Tanks dispute.
At 7:26pm Member Hess motioned to move into executive session as allowed by NDCC 44.04-19.1 to discuss Employee Evaluations and potential negotiations, seconded by Member Solberg. Motion carried.
Whereby, the City Council met in executive session to discuss potential negotiations as authorized by NDCC 44-04-19.1. Present were Mayor Hooey and Council Members Solberg, Vasichek, Hess, Fahey, D. Mattern and R. Mattern. Also present were City Supt. Ulland, Auditor Vasichek, Engineer Glienke and City Attorney Tenneson. The executive session was adjourned at 7:42pm
Member Hess made a motion to waive $25,825.33 in liquidated damages with Caldwell Tanks, seconded by Member Solberg. On a roll call vote, all members voting in favor. Motion carried.
David Matejcek re-entered the meeting at 7:45pm
Mr. Matejcek questioned the status of the building lease option where he currently houses his business.
Mayor Hooey stated he is dissolving the Incubator Business Lease program and rescinding the offer to Matt Herda to utilize the facility. Mayor Hooey stated he is aware that David Matejcek is planning on purchasing property to build a building for his seed business but would like to offer him the city building in the meantime. Mayor Hooey stated the terms of his contract would remain the same at $350/month until he no longer needs it. The council agreed.
Member Vasichek made a motion to allow David Matejcek to continue renting the city lease building until his new building is constructed, seconded by Member R. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Mayor Hooey stated he reviewed the storage building that the Incubator Business Lease program utilizes and it needs repair. Mayor Hooey stated he would like to get estimates on replacing some steel roofing/siding before next meeting and he will discuss it with Supt. Ulland this month.
Mr. Matejcek left the meeting at 7:46pm.
Mayor Hooey stated he is unsure about street striping this year as the city could focus those funds to other needed expenses. Member Hess suggested to complete it no later than next year, so the lines are still visible.
Member Hess made a motion to approve a special event permit for Tiki Shack on June 3, 2021, seconded by Member R. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Member R. Mattern made a motion to approve the Fireworks Permit for B & K Fireworks, seconded by Member Hess. On a roll call vote all members voting in favor. Motion carried.
Mayor Hooey read through a request to vacate a platted alley made by Chad & Julie Morten and Matt & Angela Herda. The request will be added to the special meeting on May 24th to allow for proper publication.
SUPERINTENDENT REPORT
Supt. Ulland provided a list of work that was completed the last month.
Supt. Ulland stated the payloader and Kim’s pick-up need new tires and he received an estimate using the state bid price.
Member Hess made a motion to approve the purchase of tires for the payloader and the 2008 Ford pickup, seconded by Member Vasichek. On a roll call vote, all members voting in favor. Motion carried.
ENGINEER REPORT
No additional report provided.
SHERIFF’S REPORT
No additional report provided.
COUNCIL REPORTS
Member Fahey suggested acquiring more sponsorships for the pool by placing advertising signs on the fence with the sponsor’s name on it.
Member Hess stated he noticed Robert Fredrick’s sump pump hose running into the street again. Mayor Hooey stated he would visit with the Fredrick’s about moving the hose into the yard.
Member Solberg stated his brother has land within the city limits along Hwy 2 that he thought the city should pursue to develop. Member Solberg stated the land is currently in a family trust that he will speak to his brother about and to get a price.
Member Vasichek stated again he would like to invite the Lakota School Board to the May 24th
special meeting to speak about the lease agreement. Member Vasichek stated his suggestion to the board would be to lease the building to the School for $1/yr. and have that entity be responsible for all the expenses and take in all revenue.
Member R. Mattern stated at the last N.C. Planning and Zoning meeting it was announce a new Motorola tower was going to be installed.
ADVISORY REPORTS
No report given.
MAYOR REPORT
Mayor Hooey stated he would like to change the city shop and city hall summertime hours to working four 9-hour days and one 4-hour day. Mayor Hooey stated this would be for the months of June-August.
Member R. Mattern made a motion to approve Mayor Hooey’s change to working hours for the months of June-August for the city hall and city shop to be four 9-hour days and one 4-hour day, seconded by Member Fahey. On a roll call vote, all members voting in favor, except Member Vasichek who abstained. Motion carried.
AUDITOR REPORT
Auditor Vasichek’ s written report was provided and attached with minutes.
Auditor Vasichek stated she has found a messaging service for $19/month that will allow 200 credits per month. Auditor Vasichek explained that one credit would allow for one text message to go to one person. Auditor Vasichek stated any additional credits needed are $.04/credit.
Member Fahey made a motion to approve utilizing EZ Texting messaging system to communicate to the public, seconded by Member R. Mattern. On a roll call vote, all members voting in favor. Motion carried.
Auditor Vasichek stated she was asked to bring up to the council to allow the Lakota class of 2001 to place a flatbed trailer on main street for the Turkey BBQ. Supt. Ulland stated this would be his class reunion. The council stated that Supt. Ulland will need to be responsible for this trailer and to make sure everyone participating remains safe.
The council reviewed the financial and utility reports provided.
ATTORNEY REPORT
Attorney Tenneson stated he agrees with Member Vasichek on keeping the meeting conversation to the agenda topics and not running off course. Attorney Tenneson suggested all council members to be mindful on what they say during a meeting as the meeting is recorded.
After review of the bills and vouchers, a motion was made by Member Hess to pay all the bills presented for payment and those bills paid prior to the meeting. Member R. Mattern seconded the motion. Motion carried on roll call vote of 6-0.
Advanced Business Methods $ 289.00
AM Conservation $ 2,778.41
Aramark $ 57.87
BCBS $ 8,135.44
Bolton & Menk $ 3,949.00
Border States $ 1,022.76
Capitol One Trade $ 164.78
Cardmember $ 15.89
Dakota Fence $ 13,197.00
Dakota Implement $ 15.38
Dakota Supply $ 1,744.63
Dept. of Environmental $ 68.84
EFTPS $ 2,428.07
EFTPS $ 2,470.24
EFTPS $ 2,054.60
Farmers Union Oil $ 292.18
GF Utility $ 26.00
GovOffice $ 570.00
Gullickson, Megan $ 50.00
Gasser, Tim $ 100.00
Hawkins $ 534.45
Karas, Randy $ 561.38
Kibble Equipment $ 23,000.00
Krabbenhoft Auto Supply $ 185.15
L & S Enterprises $ 270.00
Lakota American $ 787.24
Lakota Auto Truck & Tire $ 213.21
Lakota Municipal Utilities $ 290.00
Lakota Municipal Utilities $ 429.47
Lakota Municipal Utilities $ 6,284.66
Lakota Sanitation Service $ 8,150.34
Mailfinance/Neopost $ 600.00
MRES $ 46,081.10
McDowell, Damien $ 100.00
NMPP $ 800.00
Nelson County Sheriff $ 2,318.40
Nelson County Treasurer $ 3,011.75
Nodak Electric $ 1,861.69
ND Telephone $ 61.06
North-Holt $ 3,399.00
Ohnstad Electric $ 7,379.26
Ohnstad Twichell $ 2,000.00
Polar $ 689.22
Quadient Leasing $ 203.07
Quill $ 424.18
Rysavy Plumbing $ 1,227.63
TEAM $ 2,715.00
Therma-Stor $ 177.72
Tri-County Water $ 6,900.00
United Laboratories $ 756.62
Vericheck $ 18.05
Verizon $ 265.75
City Salaries $ 12,660.30
City Salaries $ 13,083.99
TOTAL $ 186,869.78
Next regular meeting is scheduled for Tuesday, June 1st, 2021 at 6pm.
Member D. Mattern made a motion to adjourn the meeting, seconded by Member Solberg.
Meeting adjourned at 8:59 p.m.
APPROVED BY: SUBMITTED BY:
Brad Hooey, Mayor Amie Vasichek, Auditor