April 6, 2021 Regular Meeting
The Lakota City Council held its regular meeting April 6th, 2021, at the City Hall. Mayor Hooey called the meeting to order at 5:59 p.m. All Council Members were present except Member D. Mattern was in attendance via speaker phone. David Matejcek and Randy Karas were in attendance. City Attorney Jayme Tenneson, City Auditor Amie Vasichek, City Employees Kim Burkland and Josh Ulland were in attendance.
Member Vasichek made a motion to approve the March 2nd, 2021 regular council meeting minutes seconded by Member R. Mattern. Motion carried.
UNFINISHED BUSINESS
Attorney Tenneson stated he does not have a new update for the Caldwell Tanks dispute but will communicate with them again. Attorney Tenneson stated he would ask the council for a special meeting if he does receive an offer from them in the middle of the month.
Attorney Tenneson presented an ordinance requiring all new manufactured or double wide homes to be placed on a permanent foundation.
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 Vasichek made a motion to approve the first reading of Ordinance 17.0405 Buildings for Human Habitation, seconded by Member Solberg. On a roll call vote, all members voting in favor. Motion carried.
Auditor Vasichek stated she has not received any applications for the city building lease opportunity outside of David Matejcek. Mayor Hooey stated Matt Herda dropped off a letter to him right before the start of the council meeting requesting to have his new business Herda Assembly and Repair be considered for the lease opportunity. Member D. Mattern stated Matt Herda has a contract to set up mowers and grills for Lowe’s Improvement in Grand Forks and will be preforming the setup in the building. Mayor Hooey stated he would like to know more about the new business before the request is approved. Mr. Matejcek stated he understands a new business has the right to the building instead of him and accepts the council’s position.
Member Vasichek made a motion to approve a one-year lease agreement effective June 1st, 2021 to Herda Assembly and Repair for the front portion of the building located at 212 2nd St SE, Lakota, ND contingent on Mayor Hooey’s final approval in addition to the requirement of the business to provide professional pest control for the facility and liability insurance, seconded by Member Solberg. On a roll call vote, all members voting in favor. Motion carried
NEW BUSINESS
Mayor Hooey stated he would like to appoint Josh Ulland as the City Superintendent effective April 1st, 2021 with a salary of $70,000/year. Mayor Hooey stated Mr. Ulland will be required to obtain his Level 2 water certificate and he has acknowledged to not expect a wage increase to do so. Member D. Mattern stated Mr. Ulland is only a Journeyman Electrician and the city needs a Journeyman Lineman. Member D. Mattern stated a $70,000 wage is more than what the previous city Journeyman Lineman was making. Member Vasichek asked Mr. Ulland to state his experience for the council. Mr. Ulland stated he has over 8,000 hours of electrical training with 5 years of on-the-job experience. Member Vasichek stated Mr. Ulland holds electrical experience and has the ability to impose a positive and healthy work dynamic with co-workers which is more than the city has had over the past few years.
Member Hess made a motion to approve Mayor Hooey’s city superintendent appointment of Josh Ulland with a $70,000/year wage, seconded by Member R. Mattern. On a roll call vote, all members voting in favor, except Member D. Mattern who opposed. Motion carried.
Attorney Tenneson provided the council with information on dangerous buildings since there are two brick buildings on Main Street that are showing structural damage.
Mayor Hooey requested Attorney Tenneson to draft a letter to the owners of the two buildings to come to the next city council meeting to discuss the process to correct the structural integrity of the buildings.
Member D. Mattern stated the NCJDA has provided funds to repair buildings to businesses in the past and that might be a suggestion to both owners to look into.
Mayor Hooey stated he has spoken with the city crew about the dirt work and planting grass north of the pool this fall.
Attorney Tenneson provided the council with an example for a marijuana dispensary ordinance.
Proposed 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.
Member Hess made motion to approve the first reading of ordinance 10.0401 – Prohibiting the Operation of Marijuana Facility, seconded by Member Fahey. On a roll call vote, all members voting in favor. Motion carried.
Mayor Hooey recognized Randy Karas.
Mr. Karas stated he plans to travel to Minnesota to pick up the mower for the golf course next week. Mr. Karas stated he also plans to open the golf course this weekend.
Mr. Karas stated a different mower needs new blades which would be $4,250
Member Hess made a motion to approve the purchase new blades for the golf course mower for $4,250, seconded by Member Solberg. On a roll call vote, all members voting in favor. Motion carried.
Mr. Karas and Mr. Matejcek left the meeting at 7:06pm.
SUPERINTENDENT REPORT
Supt. Ulland provided a list of work that was completed the last month.
Mayor Hooey stated some hydrants and valves need to be repaired or replaced and he would like the supt. to research renting a vactron to help with the work.
Member Hess stated some hydrants need to be raised and street patching. Mayor Hooey stated he would like to coordinate the street patching work while the crew is at the water treatment plant to help elevate mobilization costs.
Member Hess stated a reminder may need to be sent to Travis Schmidt about his sidewalk as he has not seen any work completed to install one.
Member Hess questioned about re-striping main street and side streets of B Ave. Member Hess suggested striping the streets each year prior to June 9th when the car shows start. Mayor Hooey requested bids by next meeting for street striping.
Member Hess stated he would like the city to have a plan to plant boulevard trees. Auditor Vasichek provided the council with a program she presented a year ago to cost share with a property owner. Auditor Vasichek stated this program would need to be approved by the city council as it is dispersing funds. No action taken.
Employee Burkland left the meeting at 7:26pm.
Member Hess stated the ditch by Timmy Hoffarth could use some work to it. There was discussion on what could be done with the slope. No action taken.
Member Hess stated he is a little reluctant to bring up this next topic because of the sensitivity of the subject but he recently drove by Matt Herda’s building project.. Member Hess stated he stepped out the setback for the building and it is in violation of the approved setback variance requested in 2019 of 20’. Some discussion was had on what could be done. The council decided to have Mayor Hooey request that Mr. Herda apply for an amendment to his original variance and the council will go thru the procedures of the request.
Member Fahey questioned if the city could look into a messaging system to alert residents of issues that come up. Auditor Vasichek stated she will get some information by next meeting.
Member D. Mattern questioned when the city-wide rummage sales are. Auditor Vasichek stated it is May 1st, 2021.
The council suggested having a spring pick up for May 1st – 8th and have the city crew pick up on the curbs on May 5th. Auditor Vasichek will conduct the advertising for this.
Auditor Vasichek was instructed to send letters to C. Schneider, C. Rhinehart and A. Amaral about the excessive junk in their yards and include a statement about the free clean up week.
ENGINEER REPORT
No additional report provided.
SHERIFF’S REPORT
No additional report provided.
COUNCIL REPORTS
Member Vasichek made a motion to approve the street sweeping rate of $125/hr., seconded by Member Solberg. All members voting in favor. Motion carried.
ADVISORY REPORTS
No report given.
MAYOR REPORT
No report given.
AUDITOR REPORT
Auditor Vasichek’ s written report was provided and attached with minutes.
Auditor Vasichek stated she will send information out to Chris Ahl about the storefront improvement program.
Auditor Vasichek again stated the tree boulevard program would need to be approved by the city council if they would like to pursue it.
The council reviewed the financial and utility reports provided.
ATTORNEY REPORT
No additional report given.
After review of the bills and vouchers, a motion was made by Member Vasichek to pay all the bills presented for payment and those bills paid prior to the meeting. Member Hess seconded the motion. Motion carried on roll call vote of 6-0.
Advanced Business Methods $ 289.00
BCBS $ 2,020.30
Bolton & Menk $ 15,736.00
Cardmember $ 1,088.17
CMS $ 193.16
EFTPS $ 1,501.41
EFTPS $ 1,938.41
Environmental Equipment $ 366.04
Farmers Union Oil $ 2,043.04
Ferguson Waterworks $ 3,000.00
GF Utility $ 26.00
Hughes Lift Station $ 499.05
Lake Region Pest $ 435.00
Lakota American $ 867.89
Lakota City Cemetery $ 11,040.95
Lakota Golf Club $ 275.00
Lakota Hardware $ 481.01
Lakota Municipal Utilities $ 300.00
Lakota Municipal Utilities $ 427.81
Lakota Municipal Utilities $ 6,735.28
Lakota Sanitation Service $ 8,102.03
Microcomm $ 883.36
MARC $ 1,511.59
Miller Repair $ 4,010.41
MRES $ 74,553.00
MMUA $ 600.00
Nationwide $ 217.50
NDPERS $ 4,711.86
NDSU Ext. $ 200.00
NMPP $ 664.88
Nelson County Sheriff $ 2,318.40
Nelson Electrical $ 433.00
Neonlink $ 57.60
Nodak Electric $ 1,049.39
ND One Call $ 17.45
ND Telephone $ 60.85
ND Water Users $ 100.00
Office of State Tax $ 212.80
Ohnstad Twichell $ 3,500.00
Polar $ 689.39
Powerplan $ 136.49
Quill $ 25.42
Stuart C. Irby $ 417.61
Sateren, Roger $ 30.22
Tri-County Water $ 8,580.00
US Bank $ 500.00
USDA $ 12,266.00
Vericheck $ 15.80
Verizon $ 271.00
WAPA $ 4,900.00
WSI $ 2,284.60
City Salaries $ 8,648.28
City Salaries $ 10,865.77
TOTAL $ 202,098.22
Next regular meeting is scheduled for Tuesday, May 4th, 2021 at 6pm.
Member Hess made a motion to adjourn the meeting, seconded by Member R. Mattern.
Meeting adjourned at 8:08 p.m.
APPROVED BY: SUBMITTED BY:
Brad Hooey, Mayor Amie Vasichek, Auditor