REGULAR HARVEY CITY COUNCIL MEETING

Wednesday June 13, 2018 5:30pm

Harvey City Hall

 

 

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

 

The Harvey City Council met in Council Chambers on Wednesday, June 13th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Rick Eckart, Donnie Hoepfer, Linda Knudtson, and Bob Weninger.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, and Chief Shaine Towe.

 

VISITORS: Kathy Davis, Kathy Flagen and Josh Feil.

 

Mayor Adams called the regular meeting to order.

 

Mayor Adams led the Pledge of Allegiance.

 

KATHY DAVIS/KATHY FLAGEN:  Kathy Davis and Kathy Flagen were visitors on behalf of the Harvey Public Library.  They expressed their concern with the condition of the library parking lot and thought the council should be aware of it.  The council informed them that the cost would be up to the library and advised them to get some bids.  The council said they would be willing to help them out by supplying the back fill and waiving the concrete disposal fee.

 

MOORE ENGINEERING:   Josh Feil from Moore Engineering updated the council on the status of the current projects. Nordby updated the current status on the meter replacement project. They discussed the number of meters that are left to install, along with those that aren’t responding or not letting us into the home to have them replaced. M by Baltrusch, MS by Eckart to send letters giving property owners 10 days to get meters changed out or water will be shutoff.  Upon VV, MC. M by Hoepfer, MS by Anderson to approve invoice # 13947 from Sweeney Controls in the amount of $1516.96 for the water treatment plant updates. Upon VV, MC.   M by Knudtson, MS by Hoepfer to pay invoice 18444 to Moore Engineering for the street improvement project in the amount of $41,509.00. Upon RCV, MC. Josh discussed the Street Improvement District No. 2016-1. A large portion of the south side of town has been milled and paved.  They are now working on the north side of town. The contractor’s pay application #3 was submitted in the amount of $638,388.50.  M by Eckart, MS by Baltrusch to approve the payment of $638,388.50.  Upon RCV, MC.  Feil explained the change order #5 which resulted in a credit of $32,853.00.  M by Baltrusch, MS by Hoepfer to approve change order #5. Upon VV, MC.

 

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.

 

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson got the estimate for the armory roof repair, after discussion they have decided to look into some grants to help with this project before moving forward on it.  Kenny asked the council’s permission to purchase a rock bucket with grapple forks for the skid steer that would be used for taking down trees and demolishing houses.  M by Baltrusch, MS by Weninger to approve this purchase in the amount up to  $1844.00. Upon VV, MC. A dump trailer was discussed that would be used for hauling the skid steer and also for residents to rent for shingling projects.  M by Baltrusch, MS by Hoepfer to approve the purchase of a dump trailer. Upon RCV, MC. The first reading of the truck route ordinance was tabled until next month’s meeting.  The council discussed 808 Divine Avenue where the fire occurred.  The consensus of the council is to proceed by enforcing Chapter 12 regarding a nuisance property.  Nordby will send out a letter after the police take pictures.

 

JDA REPORT:  Dr. Paul Gunderson’s report was in the packet for the council to review.

 

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Karen informed the council that the daycare is in the final stages and that they are just waiting on the license in order to open.  Karissa Dockter’s resignation was included in the packet.  Her last day with the City of Harvey will be on Friday, June 15th.  There will be an organizational meeting held on June 26th at 5:30 p.m.  Nordby requested that ZBS Auction sell the household items for 500 Pleasant Street and 717 Park Avenue on July 7th, 2018.  She would also like to sell some of the City of Harvey’s properties.  The requested properties are 300 Adams Ave, 809 Divine Ave, 717 Park Ave,573 Brewster Street E and 422 Birch Street.  M by Eckart, MS by Weninger to approve auctioning the property with a $.25 per sq ft minimum lot reserve.  If the reserves are not met the lots will not be sold.  Upon VV, MC.

 

MINUTES: M by Weninger, MS by Knudtson to approve the minutes of the Regular Meeting on May 9th.  Upon RCV, MC.

 

CASH REPORT: M by Weninger, MS by Knudtson to approve the Auditor’s Cash Report as submitted with May Revenue of $93,360.08.  Upon RCV, MC.

 

VOUCHERS:  M by Weninger, MS by Knudtson to approve the vouchers with expenses of: All American Trophies 30.00, America’s Best Value Inn 128.00, Ameripride 188.70, Ann Adams 75.27, Bank of ND 1750.97, Cendak Farmers Union 22.70, City of Harvey 91.61, Cobblestone Inn 60.00, Cole Papers 1645.27, Dakota Fence 825.00, Decorative Concrete & Design 3276.00, Delvin Hansen 122.78, Eagles Club 495.00, Emery-Pratt 68.33, Farmers Union Oil 4482.50, Frey Insurance 39.00, Friedt’s Yard Service 500.00, Harvey City Band 500.00, Harvey Motor Service 290.80, Harvey Oil Co. 2669.35, Hav-It Recycling 1250.00, Hawkins Inc. 3301.62, Herald Press 445.38, HighPlains Equipment 158.10, Hinrichs Super Valu 11.02, Hometown Variety 207.59, Information Technology Dept. 62.80, Joe McGuire 1072.85, John Deere Financial 396.11, John Donarski 375.00, Kenny Erickson 8.80, Knudtson Construction 1260.00, Kotaco 3864.52, Kyron Tarmann 3.00, Lautt’s Feed & Supply 502.31, Little Mart 196.00, Mid America Books 107.70, Mid Dakota Lumber 4632.90, Moore Engineering 1995.00, Napa Auto 115.46, ND Dept. of Health/Microbiology 199.13, ND Dept. of Health 16.48, NDTC 1669.57, Nova Fire 1850.00, Nyhus Law Firm 200.00, One Call Concepts 3.00, Ottertail 7754.09, Patzer Truck Repair 179.42, Paul Gunderson 2500.00, Penguin Management 948.00, Rochelle Vandegrift 225.00, Rubbercycle 11,660.00, Schmaltz’s Greenhouse 275.13, Service Drug 5.34, Share Corporation 200.25, State Fire & Tornado 28.26, Susag Sand & Gravel 3000.00, Tanya Wieler 200.00, Tractor Supply Co. 208.93, Turtle Mountain League 250.00, Univar 1196.25, Unum Life Insurance 199.50, US Postal Service 229.53, Verendrye Electric 185.00, Verizon 384.82, Visa 9728.45, Waste Management 7766.91, Wells County Recorder 4.00, Wells County Treasurer 3614.00,  Wiest Associates 915.00, Woody’s Service 559.54,    and May Payroll $102,362.36.  Upon RCV, MC.

 

UNFINISHED BUSINESS:

 

EQUIPMENT BREAKDOWN INSURANCE COVERAGE:  The council advised Nordby to check if there was an option to delete certain buildings off of the estimate provided from the ND Insurance Department.

 

NEW BUSINESS:

 

FIRST READING OF RESOLUTION-2018 EDDY/WELLS MULTI HAZARD MITIGATION PLAN:  M by Weninger, MS by Anderson to adopt the first reading of the resolution-2018 Eddy/Wells Multi Hazard Mitigation Plan.  Upon VV, MC. 

 

BOND RESOLUTION FOR CITY AUDITOR:  M by Baltrusch, MS by Knudtson to approve the bond resolution for Karen Nordby, Auditor, in the amount of $1,718,000.00.  Upon RCV, MC.

 

IMPOUND LOT REQUEST:  Judge Dean Klier had a letter in the packet regarding an Impound Lot.  He feels this would give the police department some leverage against unpaid parking tickets and abandoned vehicles.  The consensus of the council was to decline his request because of the cost involved.  The council would like to look into increasing the fines for parking tickets.

 

APPOINT COMMITTEE MEMBER:  M by Baltrusch, MS by Hoepfer to appoint Floyd Wangen to the special assessments committee. Upon VV, MC.

 

SITE AUTHORIZATIONS:  M by Baltrusch, MS by Eckart to approve Site Authorizations for Wells Sheridan Gaming to conduct games at JW’s Bar & Grill, Spectator’s Bar & Grill and the Harvey Senior Center provided all gaming rules and regulations are followed.  Upon VV, MC.

 

809 DIVINE AVE SHED:  Kenny Erickson has put in a bid of $100 for the shed located at 809 Divine Avenue that was left on the lot after the house was torn down.  It is in need of a lot of work and is located too close to the lot lines.  It would be moved off the lot.  M by Baltrusch, MS by Eckart to approve the bid of $100.00 for the shed.  Upon VV, MC.

 

 

COMMITTEE REPORTS:

JDA MINUTES

GEN X & Y PARTNERSHIP MEETING MINUTES

SPECIAL ASSESSMENT COMMITTEE MINUTES

 

 

 

___________________                                                              _____________________________

Ann Adams, Mayor                                                                    Karen Nordby,Auditor

 

 

 

 

 

BOARD OF TAX EQUALIZATION MEETING

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday May 9, 2018 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, May 9th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Rick Eckart, Donnie Hoepfer, Linda Knudtson, and Bob Weninger.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, Chief Shaine Towe, and Interim Economic Development Director Paul Gunderson.

VISITORS: Jana Schimelfenig, Barry Buechler, Rod Marchand, Chad Ziegler, Marci Eckart and Josh Feil.

Mayor Adams reconvened the Board of Tax Equalization Meeting.

Mayor Adams led the Pledge of Allegiance.

TAX EQUALIZATION MEETING:

Assessor Schimelfenig presented the information for the additional Notices of Increase and Homestead Tax Credits to the Council. The council reviewed the information regarding the protested parcels.

NOTICE OF INCREASES/HOMESTEAD TAX CREDITS: M by Baltrusch, MS by Anderson to approve the additional increases and tax credits as submitted.  Upon RCV, MC. 

With no further business, Mayor Adams closed the Board of Tax Equalization Meeting and the Regular Council Meeting opened at 5:45 p.m.

BARRY BUECHLER:  Barry explained to the council that he did not feel the reading for 1260 Frontage Rd. was correct back in May 2017.  He had paid it but after researching his water usage history it did not seem correct. Since the water meter has been replaced with the water meter replacement project, the council reviewed his meter reading history and agreed with him.  M by Baltrusch, MS by Eckart to approve credit to his account for the water overage amount of $367.35.  Upon VV, MC.

ROD MARCHAND/CHAD ZIEGLER:  Rod and Chad approached the council about a bill they had received from the City of Harvey for snow removal.  They did not feel this bill was fair.  The council explained that a letter went out regarding the snow hauling in the business district. A compromise was made between Rod, Chad and the council to allow them to put a pile of snow in the City’s parking lot behind Tom’s Home Furnishings.  If this snow pile gets too large, they will have to hire someone to remove it. Rod also voiced his concern for the City landfill fees.  The council discussed the cost of disposing trash.  The City of Harvey pays to haul all waste to McDaniel Landfill, and pays to dispose of the waste.  The city has not increased commercial garbage rates since 2009.  The garbage truck has been weighing trash for the last several months and rates will be increasing by usage.

MOORE ENGINEERING:   Josh Feil from Moore Engineering updated the council on the status of the current projects. M by Weninger, MS by Knudtson to approve the invoice from Sweeney Controls in the amount of $4,388.33 for the water treatment plant updates. Upon VV, MC.   M by Anderson, MS by Hoepfer to pay invoice 18313 to Moore Engineering for the ground storage tank project in the amount of $42,872.90. Upon RCV, MC. Josh discussed the Street Improvement District No. 2016-1.  The milling of asphalt began on May 8th along with the concrete crew on site.  M by Baltrusch, MS by Hoepfer to direct Commission to levy special assessments.  Upon VV, MC. The first special assessment meeting will be held on May 30th at 5:30 p.m. M by Eckart, MS by Baltrusch to approve the proposal from Hydro Klean for additional sewer main cleaning and televising in the amount of $16,366.50.  Upon RCV, MC.  M by Baltrusch, MS by Hoepfer to approve curb, gutter, and paving of Birch Avenue. Upon RCV, MC.   M by Hoepfer, MS by Knudtson to accept change order #4 reducing the contract by $19,550.25.  Upon VV, MC.  Moore Engineering submitted Invoice # 18314 for the street project.  M by Anderson, MS by Baltrusch to pay invoice #18314 in the amount of $22,619.80.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review. Shaine said the call volume is normal for this time of year.  He reported that the ATV traffic is picking up again and said they will be watching for that.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Kenny informed the council that there was a water leak on the main line that feeds the water plant and it has been repaired. Erickson said the garage door on the back of the shop is broken and they don’t believe they can get parts for it.  M by Knudtson, MS by Anderson to approve the purchase of a new garage door for the shop.  Upon VV, MC. M by Knudtson, MS by Hoepfer to purchase skid cells for the water treatment plant with additional loan money.  Upon RCV, MC. The purchase request for an additional pump was discussed and the council would like it to be investigated further before purchasing a new pump.

JDA REPORT:  Dr. Paul Gunderson’s report was in the packet for the council to review. He updated the council on the current projects that he has been busy working on. 

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. The council would like to move to a purchase order system.  M by Weninger, MS by Eckart to move forward on this.  Upon VV, MC. Karen will work on getting it set up.

MINUTES: M by Baltrusch, MS by Eckart to approve the minutes of the Regular Meeting on April 11th.  Upon RCV, MC.

CASH REPORT: M by Baltrusch, MS by Eckart to approve the Auditor’s Cash Report as submitted with April Revenue of $109,334.08.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Eckart to approve the vouchers with expenses of: Ameripride 122.80, Black Mountain Software 100.00, Bob Weninger 137.40, Central Plains Water District 808.00, Cherie Heisler 137.40, Chief Frank Senn 10.00, City of Harvey 180.00, Cobblestone Inn & Suites 160.00, Dacotah Paper 243.98, Dakota Fence 3000.00, Eckroth Music 547.00, Electric Pump 960.00, Emery-Pratt Co. 26.08, Faul Excavating 1200.00, Frey Insurance 27,175.00, Hach Company 183.00, Harvey City Band 450.00, Harvey Motor Service 13.95, Harvey Oil 2558.89, Harvey Park District 4296.10, Hav-It Recycling 1250.00, Hav-It Services 536.50, Hawkins Inc. 1790.36, Heilman Electric 2296.76, Herald Press 454.44, HighPlains Equipment 707.22, Hinrichs Super Valu 45.09, Hometown Variety 148.49, HTA Construction 26,587.73, Information Technology Dept. 62.80, JP Hager Enterprises 13,825.00, Karen Nordby 17.50, KHND Radio 200.00, Kotaco 1604.81, Lemer’s True Value 85.82, Lookout Books 224.30, Minot Daily News 100.00, ND Community Foundation 46,500.00, ND Dept of Health 134.17, ND Dept. of Health/Microbiology 64.00, ND League of Cities 40.00, NDTC 1482.60, North Country Trail Association 50.00, Nova Fire Protection 4200.00, One Call Concepts 7.85, Ottertail Power Co. 7414.31, Patzer Truck Repair 223.00, Paul Gunderson 2794.30, Ramkota Hotel 167.40, Sanitation Products 606.76, Sewer Equip Co. of America 968.25, Share Corporation 196.46, Steve Lien 53.23, Susag Sand & Gravel 5120.00, TJ Plumbing 1893.75, Tom’s Home Furnishings 7430.68, Uniform Center 444.96, Unum Life Ins. 199.50, US Postal Service 225.61, Verendrye Electric 269.00, Verizon 384.82, Visa 10,041.79, Waste Management of ND 10,114.57, Wiest Associates 2779.75, Yoast Mast 3.00 and April Payroll $75,396.84.  Upon RCV, MC.

UNFINISHED BUSINESS:

RESOLUTION TO UPDATE FLOOD PLAN ORDINANCE:  M by Anderson, MS by Hoepfer to adopt the 2nd and Final Reading of the resolution to update the flood plan ordinance.  Upon VV, MC.

NEW BUSINESS:

DESIGNATE OFFICIAL NEWSPAPER:  M by Knudtson, MS by Weninger to approve the Herald Press as the official newspaper.  Upon VV, MC. 

COMMITTEE REPORTS:

JDA MINUTES

AIRPORT MINUTES

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

 

BOARD OF TAX EQUALIZATION MEETING

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday April 11, 2018 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, April 11th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Linda Knudtson, and Bob Weninger.

Absent were: Rick Eckart and Donnie Hoepfer.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, Chief Shaine Towe, and Interim Economic Development Director Paul Gunderson.

VISITORS: Jana Schimelfenig, Eileen Dockter, Jenn Mertz, Christian Mertz, Jerry & Lara Schuh, Easton Schuh, Chris Nyhus, Brandon Oye, Josh Feil, Dale Muscha, Gerald & Joann Wiertzema and Deb Kourajian.

Mayor for the day Christian Mertz called the Board of Tax Equalization Meeting to order.

Mayor for the day Easton Schuh led the Pledge of Allegiance.

TAX EQUALIZATION MEETING:

Assessor Schimelfenig presented the information for Notices of Increase and Homestead Tax Credits to the Council.

Dale Muscha voiced his concerns on why his property went up the last couple of years.  Assessor Schimelfenig addressed his concerns. Eileen Dockter was told her year built was incorrect along with the condition of the home so she will see an adjustment made.  Jerry Wiertzema informed Jana that his property was listed as a 2 story home but a portion is one story. Deb Kourajian voiced her concerns and the differences she saw with a professional assessment that she had done about 1 ½ years ago.  Assessor Schimelfenig will compare the two assessments.  Linda Knudtson got her questions answered regarding her property.

NOTICE OF INCREASES/HOMESTEAD TAX CREDITS: M by Weninger, MS by Knudtson to approve the increases and tax credits as submitted that were not protested.  Upon RCV, MC.  M by Baltrusch, MS by Anderson to recess the tax equalization meeting to continue to discuss the protested properties and additional notices of increase until the May 2018 meeting.  Upon VV, MC.

With no further business, Mayor Adams closed the Board of Tax Equalization Meeting and the Regular Council Meeting opened at 6:10 p.m.

CHRIS NYHUS:  Mayor Adams introduced Chris Nyhus and welcomed him as the new City Attorney.

MOORE ENGINEERING:   Brandon Oye from Moore Engineering updated the council on the status of the current projects. M by Baltrusch, MS by Weninger to approve the plumbing expenses for the water meter replacement project to date.  Upon VV, MC.   M by Baltrusch, MS by Weninger to approve the engineering amendment for assisting with additional improvements and funding for the Ground Storage Reservoir. Upon VV, MC. Brandon discussed the Street Improvement District No. 2016-1.  A pre-construction meeting is set for April 17th and they will decide when construction will start back up.

DANIEL SCHWARTZ:  Daniel was here on behalf of Mid-America Planning and Consulting.  He discussed with the council his ideas for grant programs through FEMA and asked the council to approve him as a grant writer.  The consensus of the council was to just wait on this topic.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review. Shaine said they have been busy training Officer Jabara and things are going very well.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Kenny asked the council to start thinking about how they would like to handle trucks in town and specific truck routes so they can get an ordinance set before the new roads are complete.  They advised him to check with neighboring cities to see what their procedure is.  Erickson included a list of dilapidated properties and wanted input from the council to know which 3 they should inspect.  Kenny informed the council that there was a water leak that was repaired to the service line at 1011 Jill Avenue.

JDA REPORT:  Dr. Paul Gunderson’s report was in the packet for the council to review. He updated the council on the current projects that he has been busy working on.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review.  Nordby notified the council that the lift station is in need of 2 new pumps at the water treatment plant.  M by Knudtson, MS by Weninger to approve the purchase of the pumps in the amount of $48,898.00.  Upon RCV, MC. Nordby updated the council on the Deannexation.  It has not been recorded in the County Recorder’s office.

MINUTES: M by Baltrusch, MS by Knudtson to approve the minutes of the Regular Meeting on March 14th.  Upon RCV, MC.

CASH REPORT: M by Baltrusch, MS by Knudtson to approve the Auditor’s Cash Report as submitted with March Revenue of $306,329.13.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Knudtson to approve the vouchers with expenses of: Ameripride 122.80, Central Cinema 48.00, Cherie Heisler 10.50, City of Harvey 550.36, Cobblestone Inn 290.00, Cole Papers 1816.10, Curt Benson 180.00, Double E Designs 76.00, Doug’s Auto Body 75.00, Electric Pump 2452.21, Emery-Pratt Co. 19.34, Expressway Suites 83.70, Fire Equipment Co. 483.50, Gaffaney’s of Minot 126.37, Gooseneck Implement 3750.00, Grainger 161.83, Hach Company 236.88, Harvey Area Chamber of Commerce 4120.00, Harvey Motor Service 29.99, Harvey Park District 4614.74, Hav-It Recycling 1250.00, Hawkins Inc. 1517.99, Heilman Electric 3863.45, Herald Press 821.51, Hometown Variety 310.48, Hornbacher’s Café 89.79, HR Collaborative 400.00, HTA Construction 13,466.24, Information Technology Dept. 62.80, Jamestown Communications 15.00, Jamey Weinmann 206.94, Karissa Dockter 10.50, Kotaco 3387.93, Lemer’s True Value 157.07, Little Mart 5.34, Mid America Books 75.80, Mid Dakota Lumber 10,864.25, Mid-States Organized Crime Info 75.00, Midee Auto 175.89, Municipal Government Academy 475.00, Napa Auto 18.94, NDTC 1467.19, Nice Recovre’ 133.75, Northern Prairie Mechanical 3600.00, O’Day Equipment 819.36, Office of the State Auditor 165.00, One Call Concepts 6.10, Ottertail Power 7396.50, Paul Gunderson 2500.00, Praxair Distribution 150.00, Radisson Hotel 251.10, Ramkota Hotel 167.40, Shaine Towe 165.99, Tom’s Home Furnishings 4600.00, Tractor Supply 202.53, Turtle Mountain League 275.00, Unum Life Insurance Co. 185.25, US Bank 13,756.25, US Postal Service 231.16, Verendrye Electric 300.00, Verizon 385.30, Visa 818.62, Warehouse Grocery 29.50, Waste Management of ND 8042.35, Woody’s Service & Repair 102.90 and March Payroll $77,091.76.  Upon RCV, MC.

UNFINISHED BUSINESS: None

NEW BUSINESS:

CONDITIONAL USE PERMIT (Renewal):  M by Knudtson, MS by Anderson to approve the renewal of the Conditional Use Permit for Amy Arnold to conduct massage therapy in her home at 312 Desmet Ave.  Upon VV, MC.

EARTH DAY PROCLAMATION:  M by Weninger, MS by Baltrusch to approve April 22nd as Harvey’s Earth Day.  Upon VV, MC.

ARBOR DAY PROCLAMATION:  M by Weninger, MS by Baltrusch to approve the Arbor Day Proclamation for May 15th.  Upon VV, MC.

RESOLUTION TO UPDATE FLOOD PLAN ORDINANCE:  M by Weninger, MS by Anderson to approve the resolution to update the flood plan ordinance.  Upon VV, MC.

CHILDCARE WATER BILL:  M by Baltrusch, MS by Anderson to forgive the new child care center water bill for one year.  Upon VV, MC.

EQUIPMENT BREAKDOWN INSURANCE:  The council discussed the idea of adding a policy to their insurance for equipment breakdown.  The consensus of the council was to table this topic until more research can be done on it.

SITE AUTHORIZATIONS:  M by Baltrusch, MS by Anderson to approve Site Authorizations for Wells Aerie #3080 FOE to conduct games at the Harvey Eagles Club and Krafty’s Bar & Grill provided all gaming rules and regulations are followed.  Upon VV, MC.  

COMMITTEE REPORTS:

JDA MINUTES

POLICE MINUTES

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, March 14th, 2018 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, March 14th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Rick Eckart, Donnie Hoepfer,

Linda Knudtson, and Bob Weninger.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, and Karissa Dockter.

VISITORS: Jeff Soberg

Mayor Adams called the Regular Meeting to order.

Mayor Adams led the Pledge of Allegiance.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review. Shaine informed the council that police officer Tom Burr has resigned. They have hired Jon Gallagher and James Jabara.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Kenny informed the council that the armory roof has been leaking again.  The council discussed the idea of putting a metal peaked roof on the Harvey City Hall.  They asked Erickson to get some bids on the project to see what the cost would be.  The city crew has been busy trying to maintain the areas that were dug up during construction.  The process is failing because the water is washing all the material away.

JDA REPORT:  Dr. Paul Gunderson’s report was in the packet for the council to review.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review.  The council reviewed the annual Audit.  M by Baltrusch, MS by Weninger to accept the 2017 audit as submitted by Rath and Mehrer. Upon VV, MC.  Karen reminded the council that the Tax Equalization Meeting will be on Wednesday, April 11th, 2018 at the next council meeting.  A computer quote was submitted from Joel at Wiest Associates regarding Karen’s office computer.  M by Eckart, MS Knudtson to purchase the Dell Precision Tower 3420 model in the amount of $1455.00.  Upon VV, MC.

MINUTES: M by Baltrusch, MS by Knudtson to approve the minutes of the Regular Meeting on February 14th.  Upon VV, MC.

CASH REPORT: M by Weninger, MS by Anderson to approve the Auditor’s Cash Report as submitted with February Revenue of $657,170.78.  Upon RCV, MC.

VOUCHERS:  M by Weninger, MS by Anderson to approve the vouchers with expenses of: Ameripride 122.80, Ann Adams 142.85, Applied Concepts 209.00, BND 1786.73, Black Mountain Software 14,006.00, Cengage Learning 39.55, Cherie Heisler 317.50, Cobblestone Inn and Suites 540.00, Cole Papers Inc. 190.47, Dacotah Paper 347.97, Dakota Fire Extinguishers 355.85, Dale’s Radiator 74.00, Dr. Mary Ellen Erickson 15.45, Emery Pratt Co. 77.01, Expressway Suites 418.50, Harvey Motor Service 159.20, Harvey Oil 1656.10, Harvey Tax 125.00, Hav It Recycling 1250.00, Hav It Services 267.00, Hawkins 1782.80, Heilman Electric 8534.27, Herald Press 435.21, High Plains Equipment 279.52, Hinrichs Super Valu 21.64, Hometown Variety 111.08, Hornbacher’s Café 89.15, HTA Construction 18,171.44, Information Technology Dept. 62.80, John Deere Financial 41.85, JW’s Restaurant 45.59, Karissa Dockter 17.50, Keith Olson 239.00, Keller Plumbing and Heating 1653.72, Kenny Erickson 369.80, Kotaco 8282.91, Lautt Construction 3600.00, Lemer’s True Value 290.44, Little Mart 85.28, Lookout Books 134.80, Mid Dakota Lumber 12,016.54, Napa Auto 53.80, Municipal Government Academy 25.00, ND Dept. of Health & Microbiology 32.00, ND Dept. of Health 28.25, NDTC 1621.02, North Dakota Living 2050.00, Northern Prairie Mechanical 21,600.90, Otter Tail Power Co. 8440.62, Patzer Truck Repair 439.61, Paul Gunderson 2674.06, Rath & Mehrer PC 8000.00, Ripplinger Motors 289.99, Shawn’s Electric 351.55, Starion Bond Services 89,421.00, Steve Lien 202.33, Tecta America Greenberg Roofing 1188.44, TJ Plumbing 6624.75, Tractor Supply 198.89, US Postal Service 455.81, Verendrye Electric Co-op 295.00, Verizon 385.30, Visa 7926.13, Waste Management of ND 3290.48, Wells County Clerk of Court 20.00, and February Payroll $83,592.28.  Upon RCV, MC.

UNFINISHED BUSINESS:

ELECTION:  June 12, 2018 will be the next election date for the City of Harvey.  Positions to be filled: 1 Municipal Judge Position for 4 Year Term, City Council positions 3 people for 4 Year Terms plus Harvey Park Board 3 people for 4 year terms.  Petitions may be picked up at the Auditor’s Office.  You may begin collecting signatures now.  They must be turned in by 4pm on Monday, April 9th, 2018.  We were informed by the Wells County Auditor’s office that the voting will not be held at the Harvey Armory.  It will be done by mail or in person at the KTL Building in Fessenden.  If you have any questions or concerns, contact the Wells County Auditor’s Office.

NEW BUSINESS: 

CITY ATTORNEY:  Chris Nyhus with Nyhus Law Firm included his City Attorney Proposal in the packet for the council to review.  M by Baltrusch, MS by Hoepfer to appoint Chris Nyhus as the City Attorney and Ted Seibel as the assistant City Attorney.  Upon VV, MC.

LEMER’S TRUE VALUE: Lemer’s True Value has requested use of the parking lot at the Corner of 10th Street and Lincoln Avenue to set-up a greenhouse. M by Hoepfer, MS by Knudtson to approve this request with a deposit of $250.  Lemer’s will need to make sure the lot is cleaned up properly once the greenhouse is taken down. The deposit will be refunded with the daily rental rate subtracted.  Upon VV, MC. 

OPPORTUNITY ZONE: Opportunity Zone is a federal program. Our governor will pick 25 communities to participate in the program.  The application needs to be in by March 19th, 2018.  M by Weninger, MS by Knudtson to approve submitting the application.  Upon VV, MC.

MAIN STREET INITIATIVE:  The City of Harvey has completed the application. This program focuses on improving what you have on your Main Street instead of constructing in new areas.

COMMITTEE REPORTS:

JDA MINUTES

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, February 14th, 2018 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, February 14th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Rick Eckart, Donnie Hoepfer,

Linda Knudtson, and Bob Weninger.

Also present were Auditor Karen Nordby and Karissa Dockter.

VISITORS: Steve Bachmeier, Mark, Brian & Nathan Friedt, Tammy Roehrich, and Collette Hertz.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING – ABATEMENT 80628000:  Steve Bachmeier approached the council on behalf of his property and most recent tax increase for Parcel #80628000. Steve compared his home to his neighbors and in his opinion he believes his increase is out of line.  The council explained that a formula from the state is used to come up with the numbers.  They also explained that they will continue to assess homes in the area but can only do about 40 parcels each year. M by Eckart, MS by Weninger to deny the application for the abatement/refund of taxes for parcel #80628000.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

MARK, BRIAN & NATHAN FRIEDT:  Mark, Brian and Nathan with Friedt’s Lawn Service explained their hydroseeding business.  They have noticed that there has been some hydroseeding jobs done with the City of Harvey and they did not get the chance to bid on these projects.  They reminded the council that they should use local contractors and would like a chance to bid on any upcoming projects.  The council informed the Friedts’ that there is a bid process that they follow for hiring a general contractor.  The City of Harvey will encourage future general contractors to get bids from local contractors. The council will give contact information to the Friedts’ on the awarded company to see if they could get some subcontract work from them. 

TAMMY ROEHRICH:  Tammy Roehrich with Wells County Emergency Management worked with the National Weather Service to make our county Storm Ready.  This program gives communities the skills and education needed to survive severe weather before and during the event.  This is a positive point for the community and they encourage people to sign up for Code Red which is a great tool to be prepared.  If interested in signing up for Code Red, visit www.wellscountynd.com.

RENEWAL OF CVB AGREEMENT:  Collette Hertz approached the council on behalf of the CVB and their agreement with the chamber. M by Baltrusch, MS by Hoepfer to continue to pay $4000 per quarter out of the CVB fund to the chamber for performing the CVB duties.  Upon VV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine informed the council that the taser training that was held at the armory went very well.  They had 25 in class and some as far as SD, MN, and MT were here utilizing our motels and restaurants. 

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson was not in attendance for the council meeting as he was away at training.

JDA REPORT:  Dr. Paul Gunderson’s report was in the packet for the council to review.  Paul is working hard and has been doing very well with his new position.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review.  The Auditors were here on January 29th and everything went well. Nordby informed the council that March Madness Training with the League of Cities will be held on March 6th and March 7th in Bismarck.  She asked if Rita Weninger could watch the office during that time so the office employees could attend.  M by Knudtson, MS by Baltrusch to allow this request.  Upon VV, MC.

MINUTES: M by Baltrusch, MS by Anderson to approve the minutes of the Regular Meeting on January 10th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Anderson to approve the Auditor’s Cash Report as submitted with January Revenue of $108,984.76.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Anderson to approve the vouchers with expenses of: Aerzen USA Corp. 287.48, American Water Works 75.00, Ameripride 122.80, Ann Adams 124.26, BND 18,858.50, Chief Frank Senn 20.00, City of Harvey 50.00, Eagles Club 565.00, Emery-Pratt Co 158.46, G & J’s Bar 65.65, Gaffaney’s of Minot 689.12, Harvey FFA 100.00, Harvey Motor Service 283.19, Harvey Public School 1780.53, Hav-It Recycling 2250.00, Hav-It Services 488.20, Hawkins 3298.88, Heiman Fire Equipment 109.18, Herald Press 1699.23, Hinrichs Super Valu 107.95, Hometown Variety 188.40, Hornbacher’s Café 46.88, HTA Construction 7421.48, Information Technology Dept. 62.80, Jamey Weinmann 286.03, John Deere Financial 882.11, Karen Nordby 87.20, Keller Plmg. & Heating 2389.93, KHND Radio 200.00, Kotaco 10,384.39, Lemer’s True Value 219.66, MFOA 90.00, Michael Frederick 20.00, Mid America Books 107.70, Midee Auto 556.57, Municipal Government Academy 25.00, Municipal Judges Association 25.00, Napa Auto 168.71, ND Living 765.00, ND Clerk’s Association 100.00, NDTC 1395.69, ND Dept. of Health 107.96, ND Dept of Health Microbiology 32.00, NDWPCC 60.00, Nova Fire Protection 4200.00, Nova Fire & Security 1850.00, Online Dakota Information 2182.00, Ottertail Power Co. 7477.53, Patzer Truck Repair 1588.93, Paul Gunderson 2500.00, Penworthy 269.66, Perfection Auto 110.00, Powerplan 1030.96, Praetorian Digital 400.00, Ripplinger Motors 841.71, Rooster Repair 2791.98, Sewer Equip Co. of America 416.01, Share Corporation 197.44, Swanston Equipment Corp. 408.07, Ted Seibel PC 350.00, The Library Store 265.16, TJ Plumbing 118.50, Tom’s Home Furnishings 11,172.00, Tractor Supply Co. 398.41, Unum Life Ins. 370.50, US Postal Service 231.57, Verendrye Electric 388.00, Verizon 385.30, Visa 2016.28, Waste Management of ND 8912.04, Wells County Treasurer 3874.00, Water Environment Federation 90.00, Wiest Associates 85.00, Woody’s Service & Repair 70.00 and January Payroll $72,745.00.  Upon RCV, MC.

UNFINISHED BUSINESS:

CITY ATTORNEY RESIGNATION:  M by Eckart, MS by Knudtson to accept the resignation Ted Seibel PC as the City Attorney.  Upon VV, MC.  The council appreciates all the years of service Ted has put in for them and wishes him well. The council was informed that Chris Nyhus will be taking over the office as of March 1st, 2018.  The consensus of the council was to invite Chris to the next council meeting.

NEW BUSINESS: 

RAFFLE PERMITS:  The Penny House requested Raffle Permit #18-02.  M by Baltrusch, MS by Anderson to approve raffle permit #18-02 provided all gaming rules and regulations are followed. Upon VV, MC.  BM Hansen Elem. School requested Raffle Permit #18-03.  M by Weninger, MS by Anderson to approve raffle permit #18-03 provided all gaming rules and regulations are followed. Upon VV, MC. First Lutheran LYO requested Raffle Permit #18-04.  M by Hoepfer, MS by Knudtson to approve raffle permit #18-04 provided all gaming rules and regulations are followed. Upon VV, MC.

ABATEMENT/PROPERTY TAX CREDIT: M by Weninger, MS by Baltrusch to approve the application for the Veterans Tax Credit for parcel #80484000. Upon VV, MC.

ELECTION: June 12, 2018 will be the next election date for the City of Harvey.  Positions to be filled: 1 Municipal Judge Position for 4 Year Term, City Council positions 3 people for 4 Year Terms plus Harvey Park Board 3 people for 4 year terms.  Petitions may be picked up at the Auditor’s Office.  You may begin collecting signatures now.  They must be turned in by 4pm on Monday, April 9th, 2018.  We were informed by the Wells County Auditor’s office that the voting will not be held at the Harvey Armory.  It will be done by mail or in person at the KTL Building in Fessenden.  If you have any questions or concerns, contact the Wells County Auditor’s Office.

RENEWAL OF RED RIVER CORRIDOR AGREEMENT:  M by Eckart, MS by Baltrusch to renew the agreement with Red River Corridor.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES/JDA OCP MINUTES: Included in the packet.

FINANCE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, January 10th, 2018 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, January 10th, 2018 at 5:30pm. 

Present were Mayor Ann Adams, Melissa Anderson, Milo Baltrusch, Rick Eckart, Donnie Hoepfer, Linda Knudtson, and Bob Weninger.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, and Karissa Dockter.

VISITORS: None

Mayor Adams called the Regular Meeting to order.

Mayor Adams led the Pledge of Allegiance.

JANA SCHIMELFENIG/WELLS CO. DIRECTOR OF TAX EQUALIZATION:  Jana was on the agenda as a visitor but could not attend because of weather conditions.  She included a letter in the packet requesting that a City Assessment Committee be set up which could consist of 2 or more Councilman, herself, and her deputy Brittany McIntosh.  The purpose of this committee would be to review the City Assessments prior to notices being sent out the end of March of each year and to make any additional changes that may need to be considered.  Mayor Adams appointed Councilman Rick Eckart and Councilman Bob Weninger to the committee.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  M by Hoepfer, MS by Anderson to approve the purchase of tires for the 2014 Impala police car in the amount of $468.08 to Midee Auto. Upon VV, MC. Baltrusch abstained from voting.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Invoice # 79066 to Medora Corporation was submitted for the submersible Electric Powered Mixer for the ground storage tank in the amount of $6960.00.  M by Hoepfer, MS by Eckart to approve this pay request.  Upon VV, MC.   Erickson discussed the new water meters and the fees involved if the homeowner would need a replacement because they let their meter freeze.  M by Knudtson, MS by Weninger to charge for the cost of the meter and also $40 for the labor involved.  Upon VV, MC.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review.

MINUTES: M by Baltrusch, MS by Anderson to approve the minutes of the Regular Meeting on December 13th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Anderson to approve the Auditor’s Cash Report as submitted with December Revenue of $123,983.94.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Anderson to approve the vouchers with expenses of: Ameripride 122.80, Ann Adams 153.97, Black Mountain Software 17.00, Cengage Learning 108.15, Central Dakota Enterprises 15.00, Central Plains Water District 230.00, Dacotah Paper 359.48, Dakota Fire Extinguishers 58.97, Dale’s Radiator & Repair 135.25, EDND 275.00, Emery-Pratt 11.69, Faul Excavating 780.00, Ferguson Waterworks 2610.94, Galls Incorporated 81.65, Gerrells & Co. 277.20, Great Plains Fire 139.00, Hannah Tuenge 96.55, Harvey Area Chamber of Commerce 4000.00, Harvey Chemical Health 600.00, Harvey Motor Service 85.41, Harvey Oil Co. 2057.26, Harvey Wildlife Club 1100.00, Herald Press 392.54, High Plains Equipment 97.00, Hinrichs Super Valu 105.46, Hometown Variety 133.44, Hornbacher’s Café 45.38, HTA Construction 24,167.40, Information Technology Dept. 62.80, Ketrick Technical Services 2180.54, Kotaco 2076.45, Lemer’s True Value 29.96, Little Mart 222.30, Mid Dakota Lumber 17,000.00, Midwest Graphics & Signs 899.00, Miller Clothing 150.00, Napa Auto 135.16, ND Dept. of Health/Microbiology 32.00,  NDTC 1490.12, ND League of Cities 1451.00, ND Rural Water Systems 595.00, Northern Prairie Mechanical 802.00, One Call Concepts 1.00, Ottertail Power 8473.61, Patricia Fortney 20.00, Patzer Truck Repair 262.61, Radisson Hotel Bismarck 83.70, Ripplinger Motors 71.75, Secretary of State 20.00, Shawn’s Electric 144.00, Star Business Forms 790.54, Swanston Equipment Corp. 855.00, Ted D. Seibel, PC 655.00, TJ Plumbing 2990.50, Tractor Supply Co. 167.67, Unum Life Ins. 199.50, US Postal Service 227.32, Verendrye Electric 263.05, Verizon 384.76, Visa 3439.10, Warehouse Grocery 29.26, Waste Management of ND 9451.24, Wells Co. Treasurer 3941.35, and December Payroll $70,585.72.  Upon RCV, MC.

UNFINISHED BUSINESS:

ORDINANCE NO. 2017-02  SECOND READING PORTABLE STORAGE CONTAINERS:  M by Weninger, MS by Baltrusch to adopt the 2nd and Final Reading of Ordinance #2017-02 relating to Portable Storage Containers.  Upon VV, MC.

ORDINANCE NO. 2017-02

AN ORDINANCE AMENDING CHAPTER 6 OF THE HARVEY CITY ORDINANCESAS IT RELATES TO THE USE AND MAINTENANCE OF PORTABLE STORAGECONTAINERS WITHIN THE CITY OF HARVEY AND ALL AREAS UNDER THEJURISDICTION OF THE CITY ZONING ORDINANCES, PROVIDING PENALTIESFOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCES INCONFLICT THEREWITH.

WHEREAS, the City Council of the City of Harvey, upon recommendation of the Planningand Zoning Commission, has determined to amend Chapter 6 of the City Ordinances to adoptregulations for use and maintenance of portable storage containers within the City of Harveyand all areas subject to the jurisdiction of the City of Harvey ordinances, providing penaltiesfor the violation thereof and repealing all ordinances in conflict therewith.

NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City ofHarvey, that CHAPTER 6 of the city ordinances be amended as follows:

SECTION I. CHAPTER 6, SECTION 6.0301 IS HEREBY AMENDED TO ADDTHE FOLLOWING DEFINITIONS:

80-APortable Storage Containers: Containers that are used for storage purposes andare also known as shipping containers, cargo containers, cargo-trailercontainers, metal freight containers, metal containers designed for freight andcargo. This definition also includes semi-trailers, buses, vans, and other typesof non-permanent containers used for storage purposes hereafter referred to as"container(s)." This definition does not include the following: dumpstersactively used for solid waste or recycling collections, contractors' constructiontrailers or containers being used at active job sites, or trailers normallyassociated with private use such as stock car trailers, boat trailers, utilitytrailers, campers or other similar equipment.

88-ASight Triangle: An area of unobstructed vision at the intersections of streets,alleys and driveways. The purpose of the sight triangle is to ensure visibilityfor operators of motor vehicles, bicycles and pedestrians on intersectingstreets, driveways and alleys.

For any use on a corner lot, the sight triangle is the triangle formed by measuringfrom the point of intersection of the two (2) property lines a distance of twenty-five(25) feet in both directions along the street right-of-way lines and connecting thepoints to form a sight triangle on the area of the lot adjacent to the street intersection.

For a commercial, industrial, institutional or multi-family use on a lot at theintersection of a street and an alley, the sight triangle is the triangle formed bymeasuring from the point of intersection of the two (2) property lines a distance offifteen (15) feet along the street right-of-way line and a distance of fifteen (15) feetalong the alley right-of-way line and connecting the points to form a sight triangle onthe area of the lot adjacent to the intersection of the street and alley.

For a commercial, industrial, institutional or multi-family use with a driveway, thesight triangle is the triangle formed by measuring from the point of intersection of theproperty line adjacent to a street and the edge of the driveway a distance of fifteen(15) feet along the street right-of-way line and a distance of fifteen (15) feet along theedge of the driveway and connecting the points to form a sight triangle on the areaof the lot adjacent to the intersection of the street and the driveway.

For commercial, industrial, institutional or multi-family uses, the City engineer mayrequire a greater sight triangle than indicated above on a case-by-case basis when itis warranted based on the posted speed and traffic volumes on the adjacent roadway,topography, sight distances or any other engineering concern.

SECTION II. CHAPTER 6, SECTION 6.0501 IS HEREBY AMENDED TO ADD A NEWPARAGRAPH 20 TO READ AS FOLLOWS:

20.Portable Storage Containers.

a.General Requirements. Container usage in all zoning districts as allowed in thissection is subject to the following requirements:

1.Containers shall not occupy any required building setback area, landscapedarea or buffer yard.

2.Containers shall not be placed within a sight triangle as defined in Article 6,Section 6.0301.

3.Containers shall be included in lot coverage computations.

4.Containers shall be subject to the provisions Section 10 of the City of HarveyCode of Ordinances concerning Health and specifically rodent control.

5.Containers shall be subject to the provisions of the Fire Code concerning firedepartment access and hydrant blockage.

6.Containers shall not be stacked and shall be placed at ground level in amanner to facilitate inspection of the containers by the City.

7.Containers shall not be used for the storage of hazardous substances as suchterm is defined by NDCC 19-21-01.

8.Containers may not be used as a dwelling or living quarters, nor for camping,cooking or recreation purposes for any amount of time. Furthermore,containers may not be used for the maintenance of animals of any kind.

9.The maximum allowable size of a container shall be 130 square feet with amaximum length of said unit not to exceed 53 feet.

10.Containers must be kept in good repair, be secured against unauthorizedentry, comply with health regulations, and be stored on a hard surface. Acontainer is not in a state of good repair when it is incapable of being movedintact, holes in the container exist due to damage or rust, it is not maintainedwith a solid coat of paint with no advertising or it has been infested withvermin or other pests.

11.Unless otherwise approved , only one container shall be permitted per parcelupon proper application and approval of a permit from the city in the samemanner as a building permit. All applications shall be accompanied bypictures of the proposed container(s). Under no circumstances shall there bemore that three (3) containers per parcel.

12.Containers may be serviced by electricity but no other utilities are permitted.

b.Portable storage containers in industrial zoning districts.

1.Portage storage containers are allowed in Industrial/Heavy CommercialDistrict, provided that they are not stored on public rights-of-way, in fireaccess lanes, in landscaped or front setback areas or in an area visiblefrom the property's primary street.

2.A container that is not temporary in nature may only be used in amanner that would result in the container being subject to taxation asreal property and subject to all applicable provisions of the BuildingCode and Zoning Ordinance.

c.Portable storage containers in commercial zoning districts.

1.The use of temporary portable storage containers in a commercial zoneis prohibited, except for the following uses:

(a). shipping and receiving merchandise and goods, provided thatthe temporary portable storage container does not remainstationary for more than thirty (30) days;

(b). storing merchandise or goods, including long-term storage,provided that the temporary portable storage container is notkept in the front setback area, designated parking areas, fire

access lanes, public rights-of-way, landscaping, in an areavisible from the property's primary street or on parcels that areadjacent to a residential zone;

©. storage for construction or remodeling purposes, so long as theperiod of that use does not exceed one hundred eighty (180)days. The Building Inspector may extend the 180-dayrequirement when a project is ongoing and a building permitremains valid;

(d). use associated with a licensed fireworks stand, but such use islimited to the times during which the stand may lawfully occupya space under state and local law.

d.Portable storage containers - other requirements in non-industrial zoningdistricts. Container usage in any non-industrial and non-commercial zoningdistricts is allowed only as follows:

1.Residential moving. Containers may be used for a period not to exceed30 days for the purpose of loading or unloading furniture and otherhousehold goods associated with a residential relocation.

2.Loading and unloading. Semi-trailers in the process of transferringgoods may occupy a site for up to 48 hours for loading and unloadingpurposes.

3.Parking lot truckload sales, fund raising activities or similarpromotional or charitable events which utilize containers are permittedfor a period of not to exceed 30 days within any 90-day period.

SECTION III: REPEAL.

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

SECTION IV: EFFECTIVE DATE.

This Ordinance shall become effective upon its passage and publication as required by law.

SECTION V: PENALTY PROVISION.

Penalties for the violation of this ordinance are set out in Section 6.2504 which reads asfollows:

Penalties for Violation: Violation of the provisions of this ordinance or failure to complywith any of its requirements (including violations of conditions and safeguards establishedin connection with grants of variances or conditional permits) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shallupon conviction thereof be fined not more than $500.00 or imprisoned for no more than 30days, or both, in addition shall pay all costs and expenses involved in the case. Each daysuch violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect,builder, contractor, agent, or other person who commits participates in, assists in, ormaintains such violation maybe found guilty of a separate offense and suffer the penaltiesherein provided.

Nothing herein contained shall prevent the city from taking such other lawful action as isnecessary to prevent or remedy any violation.

ORDINANCE NO. 2017-03  SECOND READING AMENDING CHAPTER 11: ANIMALS & FOWL: - M by Weninger, MS by Hoepfer to adopt the 2nd and Final Reading of the amendment of Chapter 11 of the Ordinances relating to animals and fowl .   Upon VV, MC.

ORDINANCE NO. 2017-03

AN ORDINANCE AMENDING CHAPTER 11 OF THE HARVEY CITY ORDINANCES

BY AMENDING SAID CHAPTER 11 IN ITS ENTIRETY RELATING TO REGULATING

ANIMALS AND FOWL; REPEALING ALL ORDINANCES IN CONFLICT

THEREWITH; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HARVEY, ND

CHAPTER 11 OF THE HARVEY CITY ORDINANCES IS HEREBY AMENDED TO

READ AS FOLLOWS:

SECTION I. AMENDMENT

Chapter 11- Animals and Fowl

Chapters:

Chapter 11.04 - ANIMAL CONTROL OFFICER

Sections:

11.04.010 - Definition.

The animal control officer(s) shall be all officers of the Harvey police department.

11.04.020 - General duties.

The animal control officer shall have the following general duties:

A. He shall perform the services customarily done by animal control officers, including

the destruction of impounded animals.

B. He shall also serve as city pound master and receive into his custody any animal to

be impounded under the provisions of city ordinances, and shall be responsible for

providing sufficient and suitable food and drink for the animals so impounded.

11.04.030 - Authority.

The animal control officer shall have the authority to carry out all the provisions of and

enforce all city ordinances relating to animals. He shall have full authority to take all action

pertaining to animals as provided in the ordinances, including the issuance of citations for

violations of the provisions therein.

Chapter 11.08 - DOG LICENSING AND CONTROL

Sections:

11.08.010 - Definitions.

For the purpose of this chapter, the following words will have the following meanings:

A. "At large" means any dog not in an enclosure or under control of the owner or

person authorized by the owner, either by leash, cord, chain or other physical

restraint of a maximum of six feet in length.

B. "Dog" means either a male or female dog.

C. "Owner" means any person or persons, firm, association or corporation owning,

keeping or harboring a dog.

11.08.020 - License requirements and fees.

A. Dog License Required. No person, firm, association or corporation shall own, keep,

or harbor a dog which is over six months of age without first having obtained a license

therefor as provided in this section; provided, however, the city shall not be required to

obtain a license for any dogs used for law enforcement purposes.

B. Dog License Fee. The owner, keeper or harborer of any dog required to be licensed

pursuant to this chapter shall pay a license fee and penalty for failure to obtain a license

thereon, the amounts of which shall be determined from time to time by resolution of the City

Council, to the city at its police department, for each male, female, altered or neutered male

cat and each spayed female cat, in such amount as may be established from time to time by

resolution of the board of city councilmen. The burden of establishing that any male dog has

been altered or neutered or that any female dog has been spayed shall be upon the owner

thereof and the owner shall furnish evidence to the chief of police in the form of a certificate

of a veterinarian at the time the application is applied for.

C. Disposition of Fees. All money collected by the chief of police for dog licenses,

penalties, delinquencies and duplicate tags shall be paid by him to the city treasurer, as part

of the general fund of the city.

D. Rabies Vaccination Required. Before any license shall be issued pursuant to this

chapter, the applicant shall furnish a certificate of rabies vaccination issued by a veterinarian,

licensed to practice within this state, evidencing vaccination of the dog for which the license

is desired; and, that such vaccination will be good for the license year(s).

E. Term of Dog License. The license provided for in this chapter shall be in force a

period of one year.

11.08.030 - Tag and collar.

A. Upon payment of the license fee to the city at its police department and compliance

with the provisions in this chapter, the chief of police shall issue to the owner a license

certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon

the number corresponding with the number on the certificate.

B. Each owner shall be required to provide each dog with a collar to which the license

tag must be affixed and shall see that the collar and tag are constantly worn. In case a tag is

lost or destroyed, a duplicate will be issued by the chief of police upon presentation of a

receipt showing payment of a fee for such license fee for the current year and the payment

of a fee for such duplicate. Tags shall not be transferable from one animal to another and no

refunds shall be made on any license fee because of death of the animal or the owner's

leaving the city before expiration of the license period. The metal rabies inoculation tag shall

also be affixed to the animal's collar at all times.

11.08.040 - Running at large prohibited.

No owner or keeper of a dog shall knowingly or unknowingly allow the dog to run at

large at any time upon the streets, public places, public ways, school grounds or upon the

private premises of any person other than the owner or keeper of the dog without being

effectively restrained by chain or leash not exceeding six feet in length and under the control

of a competent person. The provisions of this section shall not apply to any dog used for law

enforcement purposes under the command and control of a peace officer.

11.08.050 - Nuisances.

Any person who owns, keeps or maintains any animal shall be responsible for the

behavior of the animal and shall not permit the animal to become a nuisance as defined in

this section.

Any animal is considered a nuisance which:

A. Frightens, annoys, barks at or chases any person, domestic animal, or vehicle; or

B. By loud and frequent yelping, barking, howling, or otherwise creating substantial

noise, annoys any person; or

C. Damages or destroys any property not the property of the owner or keeper of the

animal; or

D. Has not been inoculated against rabies, or other diseases as required, if over six

months of age; or

E. Creates an offensive odor; or

F. Creates an alarming or offensive condition against the peace and dignity of the city

of Harvey or its citizens; or

G. Shall not have a collar with license and rabies tags attached as required under

Section 11.08.030.

H. It defecates on property, other than the property of the owner of the animal, and the

owner of the animal fails to clean up after the animal.

11.08.060 - Impoundment.

It shall be the duty of every police officer to apprehend any dog found running at large

contrary to the provisions of Section 11.08.040, or any dog found to be a public nuisance as

provided in Section 11.08.050 and to impound the dog in the city pound or other suitable

place.

11.08.070 - Notice to owner and redemption.

Not later than two days after the impounding of any dog, the owner if known, shall be

notified. The owner of any dog so impounded may reclaim such animal upon payment of the

license fee, if unpaid, the costs of impoundment and maintenance, all costs incurred in giving

any needed rabies inoculations, together with an administrative penalty in the amount

approved by resolution of the board of city councilmen.

11.08.080 - Disposition of unclaimed dogs.

If a dog which is impounded is not redeemed by the owner within three days after

placing the dog in the dog pound, the city animal control officer shall offer the dog up for

adoption to any other person, who, upon complying with the provisions of this chapter, will

become the lawful owner of such dog thereafter. If the dog is not adopted, the city animal

control officer shall cause the dog to be destroyed in as painless and humane a manner as

possible.

11.08.090 - Breeding kennels prohibited.

A kennel for breeding dogs shall be construed to mean any place where a female dog is

kept for breeding purposes where the enterprise of breeding dogs is carried on for

commercial purposes or profit, and the maintaining within the city of a kennel is prohibited.

11.08.100 - Dangerous animals.

A. Definitions.

1. "Dangerous animal" as the term is used in this section means:

a. Any animal known to its owner or harborer to have a propensity, tendency, or

disposition to attack, bite, cause injury to or to otherwise endanger the safety of

or menace human beings or domestic animals; or

b. Any animal which attacks, bites, or injures a human being or another domestic

animal one or more times without provocation; or

c. Any animal which, when unprovoked, in a malicious, vicious or terrorizing

manner approaches any person in an apparent attitude of attack upon the streets,

sidewalks, or any public grounds or places; or any place where such person may

lawfully be, public or private; or

d. Any animal owned or harbored primarily or in part for purposes of fighting or

attacking or any animal trained for fighting or attacking; or

e. Any animal not licensed according to state and/or city law; or

f. Any animal certified by a doctor of veterinary medicine licensed within the state

of North Dakota, after observation thereof, as posing a danger to human life or

property if not kept in the manner required by this section; or

g. Any animal which has been determined to be dangerous by the city council or

municipal court pursuant to any state statute or the ordinance codified in this

section; or

h. Any animal which has been deemed dangerous or vicious by any government

agency or entity; or

i. Any animal which is owned, harbored, or trained primarily or in part for the

purposes of fighting or making unprovoked attacks.

2. Notwithstanding the foregoing, no animal may be found or declared dangerous if an

injury or damage is sustained by a person who, at the time such injury or damage

was sustained, was committing a wilful trespass or other tort upon premises

occupied by the owner or keeper of the animal, or was teasing, abusing, or assaulting

the animal or was committing or attempting to commit a crime.

3. No animal may be found or declared dangerous if an injury or damage was sustained

by a domestic animal which at the time such injury or damage was sustained was

taunting, abusing or assaulting the animal. No animal may be declared dangerous if

the animal was protecting or defending a human being within the immediate vicinity

of the animal from an illegal or nonconsensual attack or assault. No animal may be

deemed dangerous if the animal was protecting or defending its young offspring.

B. Prohibition and Control of Dangerous Animals. Except as permitted hereinafter, it

shall be unlawful for any person to own, keep, or harbor a dangerous animal within the city

limits and no person shall own or harbor any animal for the purpose of attacking, fighting,

or training, tormenting, badgering, baiting, or use any animal for the purpose of causing or

encouraging said animal to unprovoked attacks upon human beings or domestic animals

except as hereinafter provided.

1. The police department and animal warden are empowered to make whatever inquiry

is deemed necessary to ensure compliance with the provisions of this section, and

any such animal warden is empowered to seize and impound any dangerous animal

whose owner or keeper fails to comply with the provisions hereof.

2. Upon such attack or assault, the animal warden or the police department is

empowered to confiscate and destroy such dangerous animal if the conduct of such

dangerous animal or its owner or keeper constitutes a violation of the provisions of

this article, punishable by the confiscation and destruction of the animal. However,

notwithstanding the foregoing, no animal shall be destroyed within five days of

being impounded, exclusive of Sundays and holidays.

3. If the owner or keeper of an animal impounded for an alleged violation of this

section believes that there has not been a violation of this section, the owner or

keeper may petition the municipal court that the impounded animal not be destroyed.

The impounded animal shall not be destroyed pending resolution of such owner's or

keeper's petition, if the petition shall have been filed within five days of

impoundment of such animal and notice shall have been served within five days of

impoundment of such animal upon the police department.

4. In the event that the animal warden or police department has a reasonable and

articulable suspicion to believe that an animal is dangerous, the animal warden or

police or the designee, shall be empowered to issue a citation in order to appear

before the municipal court for the purposes of determining whether or not the animal

in question shall be declared dangerous. The animal warden or chief of police shall

conduct or cause to be conducted an investigation and shall notify the owner or

keeper of the animal that a hearing will be held, at which time he or she may have

the opportunity to present evidence why the animal shall not be declared dangerous.

5. In the event that the animal warden or police department has probable cause to

believe that the animal in question is dangerous and may pose a threat of serious

harm to human beings or other domestic animals, the animal warden or police

department may seize and impound the animal pending the aforesaid hearings. The

owner or keeper of the animal shall be liable to the city for the costs and expenses

of impounding such animal.

6. It is unlawful for the owner, keeper, or harborer of a dangerous animal to fail to

comply with the requirements and conditions set forth in this section. Any animal

found to be the subject of the violation of this section shall be subject to immediate

seizure and impoundment as hereinbefore provided. In addition, failure to comply

shall be an offense punishable with a fine as hereinafter provided.

7. In addition to those persons specified herein, any person may file a petition with the

city council or a complaint with the municipal court to determine, declare, or find

an animal dangerous as defined herein.

C. Exemptions. The provision of this section shall not apply to K-9 or other dogs owned

by any police department or any law enforcement agency or officer which are used in the

performance of police work.

D. Violations.

1. Any person violating or permitting the violation of any provision of this section

shall, upon conviction in municipal court, be found guilty of an infraction and fined

a sum not more than five hundred dollars. In addition to the foregoing penalty, any

person who violates this section shall pay all expenses, including shelter, food,

handling, veterinary care and testimony necessitated by the enforcement of this

article.

2. If any animal shall previously have been declared dangerous pursuant to any of the

provisions above, and after having been ordered removed from city limits; if such

animal shall at any time be brought back into the city limits in violation of court

order or the provisions of this section, such animal shall immediately be taken by the

animal control officer and destroyed. A separate penalty including fine shall be

assessed as indicated in the paragraph above against the violator.

3. At any time, if a dangerous animal cannot be taken up and caught by an animal

control officer or police officer without exposing such officer to danger of personal

injury from such animal, or without exposing other persons to danger of personal

injury from such animal, it shall be lawful for the animal control or police officer to

forthwith destroy such animal.

4. If any person is found to be in violation of this section three times, said person may

be prevented from owning animals within the city limits for a reasonable amount of

time as determined by a municipal judge.

11.08.110 - Disposition of infected dogs.

Any impounded dog which appears to be suffering from rabies or infected with

hydrophobia, mange or other infectious or dangerous disease shall not be released, but may

be forthwith destroyed.

11.08.120 - Solid waste.

Every person having custody or control of a leashed dog on property other than his own

shall be equipped to, and collect the dog's solid waste when eliminated.

11.08.130 - Setting of dogs at large-Prohibited when.

It shall be unlawful for any person to open any door or gate of any private premises for

the purpose of setting any dog or dogs at large, or otherwise enticing or enabling any dog to

leave any private premises, within which the same may be, for the purpose of setting such

dog at large.

11.08.140 - Breaking into dog pound-Hindering officer.

It shall be unlawful for any unauthorized person to break upon the city dog pound or any

other enclosure in which the police department has impounded any dog or dogs or to attempt

to do so, or to take or let out any dog therefrom, or to take or attempt to take from any animal

control officer or police officer any dog taken up by him in compliance with this title or in

any manner to interfere with or hinder such officer in the discharge of his duties under this

title.

Chapter 11.12 - CAT LICENSING AND CONTROL

Sections:

11.12.010 - Definitions.

Unless the context otherwise indicates:

A. "At large" means off the premises of the owner, and not in the immediate presence

and under the control of the owner or a member of his immediate family either by

leash, cord, chain or otherwise.

B. "Cat" means either a male or a female cat.

C. "Owner" means any person or persons, firm, association or corporation owning,

keeping or harboring a cat.

11.12.020 - License requirements and fees.

A. Cat License Required. No person, firm, association or corporation shall own, keep or

harbor a cat which is over six months of age without first having obtained a license therefor

as provided in this chapter.

B. Cat License Fee. The owner, keeper or harborer of any cat required to be licensed

pursuant to this chapter shall pay a license fee and penalty for failure to obtain a license

thereon, the amounts of which shall be determined from time to time by resolution of the City

Council, to the city at its police department, for each male, female, altered or neutered male

cat and each spayed female cat, in such amount as may be established from time to time by

resolution of the board of city councilmen. The burden of establishing that any male cat has

been altered or neutered or that any female cat has been spayed shall be upon the owner

thereof and the owner shall furnish evidence to the chief of police in the form of a certificate

of a veterinarian at the time the application is applied for.

C. Disposition of Fees. All money collected by the chief of police for cat licenses,

penalties, delinquencies and duplicate tags shall be paid by him to the city treasurer as part

of the general fund of the city.

D. Rabies Vaccination Required. Before any license shall be issued pursuant to this

chapter, the applicant shall furnish a certificate of rabies vaccination issued by a veterinarian,

licensed to practice within this state, evidencing vaccination of the cat for which the license

is desired; and, that such vaccination will be good for the license year(s).

E. Term of Cat Licenses. The license provided for in this chapter shall be in force a

period of one year.

11.12.030 - Tag and collar.

A. Upon payment of the license fee to the city at its police department and compliance

with the provisions in this chapter, the chief of police shall issue to the owner a license

certificate and a metallic tag for each cat so licensed. The tag shall have stamped thereon the

number corresponding with the number of the certificate.

B. Each owner shall be required to provide each cat with a collar to which the license tag

must be affixed and shall see that the collar and tag are constantly worn. In case a tag is lost

or destroyed, a duplicate will be issued by the chief of police upon presentation of a receipt

showing the payment of the license fee for the current year and the payment of a fee for such

duplicate. Tags shall not be transferable from one animal to another and no refunds shall be

made on any license fee because of death of the cat or the owner's leaving the city before

expiration of the license period. The metal rabies inoculation tag shall also be affixed to the

cat's collar at all times.

11.12.040 - Cats running at large.

It shall be the duty of each police officer or animal control officer to apprehend each and

every cat running or being at large without the required license tag attached as provided in

Section 11.12.030, and to cause such cat to be impounded for a period of three days, after

which, if it remains unclaimed, the city animal control officer shall offer the cat up for

adoption to any other person, who, upon complying with the provisions of this chapter, will

become the lawful owner of such cat thereafter. If the cat is not adopted, the city animal

control officer shall cause the cat to be destroyed in as painless and humane a manner as

possible.

11.12.050 - Vicious cats.

It is declared unlawful for the owner or keeper of any vicious cat within the city to refuse to

deliver it up to any police officer or city animal control officer, whenever requested by the

police officer or city animal control officer for the purpose of being destroyed.

11.12.060 - Interfering with policeman or city animal control officer.

It is unlawful for any unauthorized person to break open any enclosure in which the

police department has impounded any cat or cats or to attempt to do so, or to take from any

police officer or city animal control officer any cat taken up by him in compliance with this

chapter, or in any manner to interfere with or hinder the officer in the discharge of his duties

under this chapter.

Chapter 11.16 - GENERAL ANIMAL CONTROL

Sections:

11.16.010 - Keeping of certain animals prohibited—Exceptions.

A. It is unlawful for any person to keep, own or possess within the platted portion of the

city, any horses, mules, cattle, sheep, goats or swine. However saddle/ driven horses may be

ridden/driven during hours of daylight, within the platted portion of the city.

B. Any horse being ridden within the platted portions of the city will not be ridden on

boulevards or sidewalks, but on city streets and alleys. These animals shall be under the

control of the rider/driver at all times.

C. Riders/drivers of horses shall obey all traffic regulations affecting the movement of

traffic and will not engage in such activities which might cause damage to private/city owned

property.

D. Any horse left unattended for a period of two hours shall be considered abandoned

and shall be impounded by the police department, with assistance provided by the North

Dakota brand inspector, located in this region. Owners of such horses shall be responsible

for all costs incurred due to the impoundment process.

11.16.020 - Keeping of fowl prohibited—Exception.

It shall be unlawful for any person to keep, own, possess or have under their control,

within the limits of the city, fowl of any kind, with the exception of commercial poultry

hatcheries if otherwise allowed by law.

11.16.030 - Rabies control.

If any dog, cat or other animal is believed to have rabies, such animal shall be placed

under the observation of a veterinarian, at the expense of the owner, for a period of ten days.

The owner shall notify the chief of police of the fact that his/her animal has been exposed to

rabies and at his discretion the chief of police is empowered to have such animal removed

from the owner's premises to a veterinary clinic and there placed under observation for a

period of ten days at the expense of the owner. It shall be unlawful for any person knowing

or suspecting that a dog, cat or other animal has rabies to allow such dog, cat or other animal

to be taken off his/her premises or beyond the limits of the city (other than a veterinarian

clinic) without the written permission of the chief of police. Every owner, or other person,

upon ascertaining that a dog, cat or other animal is rabid shall immediately notify the animal

control officer or a policeman who shall either remove the animal for observation or

summarily destroy it.

11.16.040 - Animals at large—Duties of police.

Any animal mentioned in Section 11.16.010 that is found at large within the city may be

taken up by any police officer and he may dispose of it in the manner provided by state law

for strays or livestock running at large.

Chapter 11.20 - HUMANE TREATMENT OF ANIMALS

Sections:

11.20.010 - Definitions.

For the purpose of this chapter, the following words will have the following meanings:

A. "Animal" includes every living animal except the human race.

B. "Cruelty" or "torture" includes every act, omission, or neglect whereby unnecessary

or unjustifiable pain, suffering, or death shall be caused or permitted.

11.20.020 - Mistreating animals.

A. No person shall torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate,

or kill any animal.

B. No person shall deprive any animal over which he has charge or control of necessary

food, water, or shelter.

C. No person shall keep any animal in any enclosure without exercise and wholesome

change of air.

D. No person shall abandon any animal.

E. No person shall wilfully instigate, or in any way further, any act of cruelty to any

animal or animals, or any act tending to produce such cruelty.

11.20.030 - Cruelty in transportation.

No person shall carry, or cause to be carried, any live animals upon any vehicle or

otherwise, without providing suitable racks, cars, crates, or cages, or other proper carrying

container, nor shall he carry an animal, or cause an animal to be carried, in any other cruel

manner.

11.20.040 - Poisoning animals.

No person shall unjustifiably administer or expose any known poisonous substance or

noxious drug, whether mixed with meat or other food or not, which may be eaten by any

domestic animal.

11.20.050 - Animal with infectious disease.

No person owning or having charge of any animal, knowing the animal to have any

infectious or contagious disease, or to have recently been exposed thereto, shall knowingly

permit such animal to run at large or come into contact with another animal, or with another

person without his knowledge and permission.

11.20.060 - Exposure of animals-Authority of officers.

Any animal control officer or police officer of the city may take custody of, and care for

any animal found abandoned, unjustifiably exposed to cold or inclement weather, or not

properly fed and watered. It shall be a responsibility of such animal control officer or police

officer to care for the same until it is redeemed by the owner, and when necessary may

deliver the animal to a licensed veterinarian to be sheltered, cared for, and furnished suitable

food and drink at the expense of the owner. In all cases the owner, if known, shall be

immediately notified that if the animal is not redeemed within three days after placing the

animal in the city pound or veterinarian clinic, the city animal control officer shall offer the

animal up for adoption to any other person, who, upon complying with the provisions of this

chapter and paying all necessary expenses incurred, will become the lawful owner of such

animal thereafter. If the animal is not adopted, the city animal control officer shall cause the

animal to be destroyed in as painless and humane a manner as possible.

Chapter 11.24 - POLICE DOGS

Sections:

11.24.010 - Definitions.

For the purpose of this chapter, the following definitions are adopted:

A. "Bomb detection dog" means a dog trained to locate bombs or explosives by scent.

B. "Firearms detection dog" means a dog trained to locate firearms by scent.

C. "Narcotic detection dog" means a dog trained to locate narcotics by scent.

D. "Patrol dog" means a dog trained to protect a peace officer and to apprehend or hold

a person in violation of the laws of this city, the state of North Dakota and the

United States of America.

E. "Tracking dog" means a dog trained to track and locate people by scent.

F. "Police dog" means a bomb detection dog, a firearms detection dog, a narcotic

detection dog, a patrol dog, or a tracking dog used by a law enforcement agency.

G. "Narcotics" means any controlled substance as defined in paragraph 15, Section 19-

03.1-01 of the North Dakota Century Code and shall include marijuana as defined

in paragraph fourteen Section 19-03.1-01 of the North Dakota Century Code.

H. "Harass" means to intentionally tease, excite, worry or annoy a police dog.

11.24.020 - Prohibition.

It shall be unlawful for any person to harass, destroy or cause physical injury to a police

dog whether on official duty or in the custody of its handler.

Chapter 11.28 - PROCEDURE FOR COMPLAINT

Sections:

11.28.010 - Designated.

An individual who wishes to sign a complaint regarding violation of any section of this

title must contact the police department and state his/her name, address, nature and

circumstances of the violation. This individual must appear before the city attorney and sign

the complaint. An order of impoundment pending trial may be issued at the discretion of the

court and served upon the owner.

Chapter 11.32 - NUMBER OF ALLOWABLE PETS

Section:

11.32.010 - Number of allowable pets.

A. The number of dogs and cats, six months of age or older, in one home is limited at

four. This can be four dogs, four cats, or any combination of the two adding up to four.. If

there are more than four dogs or cats in one home a kennel permit for that home must be

obtained, as provided below.

B. If any home has more than four dogs or cats at the time of the passage and adoption

of this chapter, that home will be allowed to have dogs and/or cats exceeding four six. All

of these dogs and/or cats will need to have current licenses issued by the Harvey police

department on the effective date of the ordinance codified in this chapter. As the number of

dogs and/or cats decrease, the home will not replace those dogs and/or cats, until the number

of dogs and/or cats in the home is four or less.

C. The city council may issue a kennel permit to allow a home to have more than four

dogs and/or cats in the city of Harvey upon the following, any of which may be waived by

the city council:

1. The application for a permit will be on a form approved by the city council.

2. The permit application will be available in the office of the city auditor.

3. The fee for the permit application will be set by the fees and rates of the city of

Harvey.

4. In issuing the permit, the city council may include any restrictions or conditions it

deems appropriate.

5. The application must be accompanied with documentation that all of the dogs and/or

cats have current licenses issued by the city of Harvey police department.

6. The permit can be revoked, without cause, at any time by action of the city council.

The holder of the permit will be sent written notice of the hearing seven days prior

to the hearing in which revocation of the permit will be heard by the city council.

The permit can be revoked by the city council, without notice and a hearing, if the

city council determines a health and safety issue does exist.

7. A permit issued under this section cannot be assigned or transferred by the holder

of the permit.

8. The applicant for the permit and holder of the permit must be the owner of the dogs

and cats, and the owner of the home.

D. The application for a permit must be accompanied by written documentation that all

residents and landowners within three hundred feet of the proposed kennel received notice

of the day and time when the city council will consider the application.

E. In determining whether to issue a kennel permit, the city council will consider the

following factors:

1. The area in square footage of the premises to which the permit relates.

2. The proposed facilities to house and exercise the animals.

3. The proposed sanitation measures to be used.

4. The size and customary habits of each type of breed of animal to be kept in the

kennel.

5. The proximity, type, and configuration of residences surrounding the place where

the animals will be housed.

6. The past history of the applicant with regard to animal violations, including

providing sanitary and humane care for animals.

7. Responses of residents and landowners.

8. Any other factor reasonably likely to affect the persons who live, work, visit or

transact business in close proximity to the proposed permit area.

Chapter 11.36 - ANIMAL CARE AND TREATMENT

Section:

11.36.010 - General requirements for animal care and treatment.

Every owner and keeper of an animal in the city of Harvey shall see that such

animal:

A. Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced

to stand, sit or lie in its own excrement. The person(s) responsible for the animal

shall regularly, and as often as necessary to prevent odor or health and sanitation

problems, maintain all animal areas or areas of animal contact.

B. Has food that is appropriate for the species in adequate amounts to maintain good

health, fresh potable drinking water where appropriate, shelter and ventilation,

including quarters that are protected from excessive heat and cold and are of

sufficient size to permit the animal to exercise and move about freely.

C. Shall not be tethered by use of a choke collar, or on any collar too small for the size

and age of the animal, nor by any rope, chain or cord directly attached to the animal's

neck, nor by a leash less than twelve feet in length or five times the body length of

the animal, or of such unreasonable weight as to prevent the animal from moving

about freely.

D. Is protected against abuse, cruelty, neglect, torment, torture, overload, overwork, or

any other inhumane treatment.

E. Is provided the reasonably necessary medical care, in addition to the required rabies

vaccination which shall include recommended vaccinations as required by accepted

veterinary standards, and if diseased or injured, or exhibiting symptoms of disease,

received proper care and is segregated from other animals so as to prevent

transmittal of the disease, be kept free of flea infestations.

F. It shall be unlawful for any person to beat, starve or otherwise mistreat any animal

in the city of Harvey, or fail to comply with subsections A through E above,

including neglect, inhumane treatment, or torture of an animal.

G. No owner of or person in charge of an animal shall confine the animal in a motor

vehicle in such a manner that places the animal in a life or health threatening

situation by exposure to a prolonged period of extreme heat or cold, without proper

ventilation or other protection from such heat or cold. In order to protect the health

and safety of an animal, a law enforcement officer who has probable cause to

believe that this subsection is being violated shall have authority to enter such motor

vehicle by any reasonable means under the circumstances, after making a reasonable

effort to locate the owner or person in charge of the animal.

H. A person who violates any provision of this section for the first time may be given

written notice of the practice or conditions which constitute the violation and a

period of not more than thirty days to correct the violation(s). The failure to correct

the violation(s) within the time period shall constitute prima facie evidence of this

section.

I. A law enforcement officer has the authority to remove the animal immediately if the

animal is in imminent danger.

Chapter 11.40 - PENALTIES

Sections:

11.40.010 - Penalties.

The penalty for violating any of the above provisions for which a penalty shall not

otherwise be given shall be the following:

A. A first and second offense within a one year period of time shall be an infraction and

be fined a sum not to exceed $500.00..

B. A third offense within a two year period of time shall be a misdemeanor and may be

punished by a fine of not to exceed one thousand dollars ($1,000.00) or by

imprisonment not to exceed thirty days (30), or both.

C. Any additional offenses within a two-year period, in the discretion of the Harvey

Municipal Court, may include any of the following:

1. A misdemeanor with the penalties as provided herein.

2. Removal of any animals of the person convicted of this offense.

3. An order prohibiting the person convicted of this offense from owning or caring

for any animal in the city of Harvey. This prohibition, for good cause, may be

removed by the Harvey Municipal Court, with any conditions the court deems

appropriate.

SECTION II: REPEAL.

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

SECTION III: EFFECTIVE DATE.

This Ordinance shall become effective upon its passage and publication as required by

law. All Ordinances in conflict herewith are hereby repealed.

CITY ATTORNEY RESIGNATION:  The consensus of the council was to table this topic.

NEW BUSINESS: 

DESIGNATE DEPOSITORIES OF PUBLIC FUNDS:  M by Knudtson, MS by Eckart to designate the First State Bank, First International Bank, Dakota Heritage Bank and Bank of North Dakota as the depositories of public funds which meet pledge security requirements.  Upon VV, MC.  

APPROVE SALE OF ALL CITY PROPERTY: M by Knudtson, MS by Weninger to approve the sale of all real property owned by the City of Harvey upon bid acceptance by the City Council.  Upon VV, MC.

2017 AUDIT:  Karen informed the Council that Rath & Mehrer will be here January 29th, 2018 for the annual audit.  M by Baltrusch, MS by Eckart to approve Rath & Mehrer to complete the audit.  Upon VV, MC.

SITE AUTHORIZATION:  M by Baltrusch, MS by Weninger, to approve the site authorization requested for the RMEF-Harvey Chapter on February 17, 2018 at the Harvey Eagles Club. Upon VV, MC.

CORNER OF DIVINE AVE/ADVENT ST:  Councilman Baltrusch informed the council that he has had some residents address him about the corner of Divine Avenue and Advent Street.  Their concern was how narrow it was and maybe it could be corrected with the street project.  The council discussed the area of concern. The city does not own the property to make that intersection wider, therefore no construction changes will occur.

LIQUOR LICENSE – M by Hoepfer, MS by Baltrusch to approve the addition of Sunday openings to the previously approved Liquor License for Lang Enterprises, LLC.  Upon VV, MC.

BUDGET AMENDMENTS & TRANSFERS: M by Weninger, MS by Knudtson to accept the Finance Committee’s recommendation to approve the Budget Amendments & Transfers.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

POLICE COMMITTEE MINUTES:  Included in the packet.

BOARD OF ADJUSTMENTS: Minutes included in the packet. 816 Alder Avenue is requesting an 11 foot variance from his rear property line.  He wants to move in a 20 ft. Storage Container between his garage and sidewalk. M by Weninger, MS by Anderson to deny the variances.  Upon VV, MC.

 

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, December 13th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, December 13th, 2017 at 5:30pm. 

Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Donnie Hoepfer, Linda Knudtson, and Melissa Anderson.

Absent was: Bob Weninger. Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson,

Karissa Dockter, and Chief Shaine Towe. 

VISITORS: Josh Feil and Tim Huseth

Mayor Adams called the Regular Meeting to order.

Mayor Adams led the Pledge of Allegiance.

MOORE ENGINEERING:  Josh with Moore Engineering updated the council on the status of the current projects.  M by Baltrusch, MS by Eckart to accept the final balancing change order of -$105,556.05 for the water meter replacement project.  Upon RCV, MC. Dakota Supply Group submitted the final contractor’s application for payment No. 2 in the amount of $91,358.21.  M by Knudtson, MS by Hoepfer to approve the payment.  Upon RCV, MC.  M by Baltrusch, MS by Eckart to approve the certificate of substantial completion date of November 8, 2017. Upon VV, MC.  M by Eckart, MS by Hoepfer to approve the pay request to reimburse the City of Harvey $1050.00 for software and $75.00 for electrical work.  Upon VV, MC.  Milestone 2 for the Street Improvement District No. 2016-1 Project was completed on October 16, 2017.  M by Hoepfer, MS by Baltrusch to accept the Certificate of Substantial Completion for Milestone 2.  Upon VV, MC.  Public Works Director Kenny Erickson was asked to maintain the streets over the winter months and they will be reimbursed for their work by the contractor.  Moore Engineering submitted Invoice #17391 in the amount of $15,279.10.  M by Baltrusch, MS by Knudtson to approve the payment.  Upon RCV, MC. The council would like to thank Moore Engineering for donating the lot survey for the childcare.

M by Hoepfer, MS by Anderson to pay Braun Intertech Invoice # B110994 in the amount of $2596.25.  Upon VV, MC.  

TIM HUSETH/RECYCLING:  Tim Huseth discussed the Hav-It Recycling program in Harvey and how it is running short on funds each month.  He asked if the council would consider increasing the water bill by 30 cents each month to cover some of the shortage.  M by Hoepfer, MS by Anderson to agree to the increase and revisit it annually.  Upon VV, Baltrusch, Eckart, Hoepfer, and Anderson with an aye vote and Knudtson with a nay vote.  MC. 

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine said the police department received some calls regarding a group that has been bell ringing outside local businesses.  He addressed the situation and confirmed that this group called Red Cross of Americas are registered as nonprofit in the state of ND. 

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Kenny informed the council that the WD tractor with attached mower sold for $750.00 and the pickup box sander sold for $675.00. Erickson asked the council’s approval to sell the Old International Garbage Truck for $35,000.  M by Knudtson, MS by Eckart to approve the sale.  Upon VV, MC. Erickson reminded the council that the base rate on the water bill will increase $1.00 on January 1st, 2018 according to the five year plan.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Nordby has been busy with Operation Community Partnership members regarding the railroad leaving Harvey.  She has notified the Harvey JDA that they should look for a JDA Director. Nordby has filled in to this point since the full time Economic Developer resigned.  The position of Economic Director will require more time than Nordby has.

MINUTES: M by Baltrusch, MS by Eckart to approve the minutes of the Regular Meeting on November 8th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Eckart to approve the Auditor’s Cash Report as submitted with November Revenue of $128,615.50.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Eckart to approve the vouchers with expenses of:  Ameripride 184.20, Carson Industries 65.95, Cherie Heisler 180.00, City of Harvey 8108.01, Cole Papers Inc. 1645.27, Dacotah Paper 64.38, Dakota Fire Extinguishers 935.84, Duane Doll 95.91, Emery Pratt Co. 79.37, Farmers Union Oil 5111.25, Federal Warning Systems 3936.53, Fire Safety USA 344.11, Frey Insurance 67.00, Grand Forks Fire Equipment 5401.94, Harvey Fire Dept. 5021.60, Harvey Kiwanis 750.00, Harvey Motor Service 166.85, Harvey Oil Co. 2004.41, Harvey Wildlife Club 400.00, Hav-It Recycling 1000.00, Hav-It Services 592.00, Hawkins Inc. 4955.09, Herald Press 212.52, Hinrichs Super Valu 55.91, Holzer Electric 459.95, Hometown Variety 441.69, Hornbacher’s Café 42.24, Information Technology Dept. 62.80, Jamey Weinmann 180.00, John Deere Financial 652.33, John Donarski 180.00, Karen Nordby 240.00, Karissa Dockter 180.00, Keith Olson 330.00, Kenny Erickson 53.74, Kotaco 5142.54, Lance Ewert 1.00, Lemer’s True Value 88.51, Little Mart 34.00, Melissa Brass 29.37, Mid Dakota Lumber 206.80, Minot Daily News 239.20, Myron Volk 45.00, Napa Auto 737.80, ND Dept. of Health 32.96, ND Dept. of Health/Microbiology 32.00, NDTC 1515.94, ND League of Cities 720.00, ND Rural Water Systems 235.00, ND Water Users 300.00, One Call Concepts 7.00, Ottertail Power Co. 7403.01, Perfection Auto 53.00, Radisson Hotel 251.10, Rocky Mountain Print Solutions 57.21, Senior Center 1400.00, Sewer Equip. Co of America 125.03, Share Corporation 375.65, Swanston Equipment 63,689.73, Steve Lien 180.00, Tastee Freeze 27.93, Ted Seibel PC 942.09, TJ Plumbing 2952.00, Tractor Supply Co. 123.02, Unum Life Ins. 171.00, US Bank 450.00, US Postal Service 230.77, Verendrye Electric 274.00, Verizon 385.02, Visa 1591.99, Waste Mgmt. of ND 8991.99, Wells County Recorder 316.93, West Shore Services 658.50, Windfall 93.28, Woody’s Service and Repair 101.30, Zoll 110.25 and November Payroll $95,242.11.  Upon RCV, MC.

UNFINISHED BUSINESS:

ORDINANCE NO. 2017-02  FIRST READING PORTABLE STORAGE CONTAINERS:  M by Knudtson, MS by Anderson to move forward with the changes and adopt the first reading of Ordinance #2017-02 relating to Portable Storage Containers.  Upon VV, MC.

ORDINANCE NO. 2017-03  FIRST READING AMENDING CHAPTER 11: ANIMALS & FOWL: - M by Hoepfer, MS by Knudtson to move forward with the changes and adopt the first reading of the amendment of Chapter 11 of the Ordinances relating to animals and fowl .   Upon VV, MC. 

TAX FORECLOSED PROPERTY:  Nordby was notified by the Wells County Auditor that the soonest they could get the foreclosed properties would be November of 2018.

ORDINANCE NO. 2017-04: M by Hoepfer, MS by Eckart to adopt the 2nd and Final Reading of the de-annexation from the property owners of the West Side Annexation. Justin and Deann Stanley, Robert and Kathy Flach, Rod and Corene Buxa, Stanley Buxa, Michael and Candace Thompson & Arvadell Leard have requested to have their property returned to Hillsdale Township.  Upon VV, MC.

ORDINANCE NO. 2017- 04

AN ORDINANCE EXCLUDING CERTAIN TRACTS FROM THE ANNEXATION OF

WESTSIDE ACRES BEING A PART OF SECTION 36, TOWNSHIP 150 NORTH,

RANGE 73 WEST, WELLS COUNTY, NORTH DAKOTA.

BE IT ORDAINED BY THE BOARD OF CITY COUNCIL OF THE CITY OF

HARVEY, NORTH DAKOTA:

SECTION 1.

WHEREAS, Arvadell M. Leard, Rodney Buxa, Corene Buxa, Stanley Buxa, Robert

O. Flach, Kathy M. Flach, Michael Thompson, Candace Thompson, Justin Stanley and

Deann Stanley having duly petitioned the Board of City Council of the City of Harvey, North

Dakota to be excluded from the annexation referred to as West Side Acres to the City of

Harvey, North Dakota, said real property being described on the attached map; and

WHEREAS, the said Petition has been signed by not less than 3/4 of the qualified

electors or persons living in any portion of said property; and

WHEREAS, said Petition has been signed by owners of not less than 3/4 of the

assessed value of said property; and

WHEREAS, the said property is contiguous or adjacent to the incorporated

municipality of the City of Harvey, North Dakota, has not been platted and no municipal

improvements have been made or constructed therein or adjacent thereto; and

WHEREAS, said Petition was duly received by the City Auditor and filed with the

City Council of the City of Harvey, North Dakota; and

WHEREAS, the petitioners, by publication in The Herald Press on the 30th day of

September, 2017 gave due notice of the presentation of said Petition to the Board of City

Council of the City of Harvey, North Dakota; and

WHEREAS, no protests or objections to said annexation have been made;

NOW THEREFORE, all of the real estate described in Wells County North Dakota

described as follows:

All of the East Half of the Southwest Quarter, All of the Southeast Quarter

lying and being Westerly of the Westerly right of way line of US Highway No.

52 and All of the Northeast Quarter lying and being Westerly of the Westerly

right of way line of said US Highway No. 52 and Southerly of the Northerly

760.78 feet of said Northeast Quarter as measured at a right angle to, and

parallel with, the North line of said Northeast Quarter, all being in Section 36,

Township 150 North, Range 73 West of the Fifth Principal Meridian, Wells

County, North Dakota.

Said tract contains 281.43 acres, more or less

is hereby disconnected and excluded from the annexation referred to as Westside Acres to

the City of Harvey, North Dakota and is hereby excluded from the corporate limits of the

City of Harvey, North Dakota.

SECTION 2.

This Ordinance shall be in full force and effect from and after its second reading and

final passage.

NEW BUSINESS: 

LIQUOR LICENSE RENEWALS – M by Anderson, MS by Knudtson to approve the Liquor License Renewals for the Harvey Bottle Shop, Eagles Club, Little Mart, JW’s, Ta Ahni, Krafty’s Bar & Grill, and the Harvey Hotel Group for 2018.  Upon VV, MC. Hoepfer abstained from voting.

CITY ATTORNEY RESIGNATION:  The consensus of the council was to table this topic.

DESIGNATE VOTING PLACE:  M by Eckart, MS by Baltrusch to adopt the City Hall as the designated voting place.  Upon VV, MC.  

RAFFLE PERMITS:  Harvey Public Library requested Raffle Permit #17-12.  M by Baltrusch, MS by Eckart to approve raffle permit #17-12 provided all gaming rules and regulations are followed. Upon VV, MC.  Brice Wakefield requested Raffle Permit #17-13.  M by Eckart, MS by Hoepfer to approve raffle permit #17-13 provided all gaming rules and regulations are followed. Upon VV, MC.

LIQUOR LICENSE – M by Baltrusch, MS by Hoepfer to approve an on and off sale Liquor License to Tyler Lang.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

 

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, November 8th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, November 8th, 2017 at 5:30pm. 

Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, and Melissa Anderson.

Absent was:  Donnie Hoepfer. Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, and Chief Shaine Towe. 

VISITORS: Josh Feil, Eleanor Sieglock, Tim Huseth and Brice Wakefield.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING – ABATEMENT 80460000:  Eleanor Sieglock approached the council on behalf of her property and most recent tax increase for Parcel #80460000. The council compared similar homes and in their opinion her increase is not out of line.  M by Knudtson, MS by Weninger to deny the application for the abatement/refund of taxes for parcel #80460000.  Upon VV, MC.

PUBLIC HEARING FOR HARVEY JDA CONDITIONAL USE PERMIT

The Harvey JDA has requested a Conditional Use Permit to allow a group 30 childcare in Lot 7, Block 9 of the Lonetree Estates.  No one attended the hearing to protest.  Tim Huseth was a visitor in support of the daycare. M by Baltrusch, MS by Weninger to approve the Conditional Use Permit and renew annually.  Upon VV, MC.

M by Baltrusch, MS by Eckart to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

MOORE ENGINEERING:  Josh with Moore Engineering updated the council on the status of the current projects.  Total Backflow will be finishing up the Water Meter Replacement Project this week.  The properties that did not respond were discussed.  Construction has been postponed until spring for the Street Improvement District No. 2016-1 Project.  M by Baltrusch, MS by Eckart to approve the amended Change Order No. 3 in the amount of $36,459.00.  Upon RCV, MC.  Moore Engineering submitted invoice #17124 in the amount of $72,491.40.  M by Eckart, MS by Baltrusch to approve the payment.  Upon RCV, MC.  M by Baltrusch, MS by Weninger to approve the contractor’s Payment Application No. 2 in the amount of $837,920.38 to Bituminous Paving.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine said the police department received a grant from Midcontinent Communications in the amount of $1000.00 that will be used for radios. 

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson asked the council’s opinion on out of town sewage dumping.  The consensus of the council was to table it until more information is gathered.  

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Nordby informed the council that the new child care has been started and the poles are in the ground.  Bryce Frame with HTA is the contractor.  Karen announced they received a grant for $25,000 and a loan of $25,000 from the Wells County JDA for the child care project.  The water billing department is now able to offer the option of electronic payments from customer bank accounts to pay their water bills.  Contact the office for more details.

MINUTES: M by Weninger, MS by Eckart to approve the minutes of the Regular Meeting on October 11th.  Upon VV, MC.

CASH REPORT: M by Weninger, MS by Eckart to approve the Auditor’s Cash Report as submitted with October Revenue of $137,003.07.  Upon RCV, MC.

VOUCHERS:  M by Weninger, MS by Eckart to approve the vouchers with expenses of:  Ameripride 122.80, Aqua Pure Inc. 3135.00, Black Mountain Software 53.00, Central Plains Water District 775.00, Cherie Heisler 45.50, City of Harvey 7.70, Cosun Biobased Products 6660.00, Dacotah Paper Co. 193.44, Delta Hotels 476.00, Double E Designs 160.00, Elite Spraying 2253.50, Emery-Pratt Co. 65.05, Faul Excavating 4481.56, Ferguson Waterworks 1225.92, Friedt’s Yard Service 250.00, Hager Excavating 425.00, Harvey Area Chamber of Commerce 455.00, Harvey City Band 450.00, Harvey Kiwanis 5000.00, Harvey Motor Service 308.59, Harvey Oil Co. 1948.87, Harvey Park District 4797.81, Hav It Recycling 1000.00, Hawkins Inc. 1455.49, Heiman Fire Equip. 1959.00, Henry Head 70.00, Herald Press 322.48, Hinrichs Super Valu 33.67, Holiday Inn 163.80, HTA Construction 15,000.00, Information Tech. Dept. 62.80, Karen Nordby 173.90, Karissa Dockter 45.50, Keith Olson 209.72, Kenny Erickson 128.20, KHND Radio 200.00, Kotaco 2515.88, Lemer’s True Value 150.65, Lincoln & Nine Café & Coffee 2500.00, Little Mart 155.91, Mid American Research Chemical 265.80, Moore Engineering 9448.35, Napa Auto Parts 151.80, ND League of Cities 225.00, ND Dept. of Health/Microbiology 32.00, Northern Prairie Mechanical 167.70, NSC Minerals 4919.24, NDTC 1412.84, O’Day Equipment 32.52, One Call Concepts 45.00, Ottertail 6951.18, Patzer Truck Repair 2618.06, Productivity Plus 2450.00, Radisson Hotel 167.40, Rough Rider Ind. 508.28, Susag Sand & Gravel 2492.30, Ted D. Seibel PC 1473.00, The Library Store 160.72, Tractor Supply Co. 174.89, Uniform Center 356.95, Unum Life Ins. Co. 171.00, US Postal Service 233.74, Verendrye Electric 270.00, Verizon 385.98, Visa 5591.41, Waste Mgmt. of ND 8637.22, Wells Co. District Health 89.00, Wells County Recorder 1129.60, Woody’s Service & Repair 485.82, and October Payroll $68,211.38.  Upon RCV, MC.

UNFINISHED BUSINESS:

ORDINANCE NO. 2017-02 FIRST READING PORTABLE STORAGE CONTAINERS:  The consensus of the council was to have Ted Seibel, PC make the changes as discussed and table this first reading until all changes have been made.

ORDINANCE NO. 2017-03 FIRST READING CHAPTER 11: ANIMALS & FOWL:  The consensus of the council was to have Ted Seibel, PC make the changes as discussed and table this first reading until all changes have been made.

NEW BUSINESS: 

VACATED COUNCIL POSITION:  M by Knudtson, MS by Weninger to appoint Melissa Anderson to the Vacated Council Position of Ron Volk.  Upon VV, MC. 

APPOINT COMMITTEE MEMBER: M by Eckart, MS by Baltrusch to appoint Arnie Selzler to the vacated positions of the Board of Adjustments and Planning & Zoning Committees.  Upon VV, MC. 

JACOB KRAMER REQUEST:  Included in the packet was a letter from Kramer explaining all the work he has done to clean up 421 Emerson Avenue.  He is asking for some forgiveness in his dumpster fees.  The council has been pleased with his progress.  M by Weninger, MS by Knudtson to give him a $500 credit for his disposal fees.  Upon VV, MC.

DAY AFTER THANKSGIVING: The auditor has requested the City of Harvey offices be closed the Friday after Thanksgiving.  M by Knudtson, MS by Eckart to close the office and have the employees use vacation time. Upon VV, MC.

DELIQUENT TAX PROPERTY: The County has acquired Parcels 80516, 80517, 80518, 80536, 80537, 80635, 80675, and 80995 for delinquent taxes.  M by Eckart, MS by Baltrusch to purchase parcels for $1.00 upon the 3 month waiting period. Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

HARVEY AREA COMMUNITY FOUNDATION MINUTES:  Included in the packet.

BOARD OF ADJUSTMENTS: Minutes included in the packet. 509 Lincoln Avenue is requesting a 5 ½ foot variance on her side property to move in a new shed. 508 Cherry Avenue would like a lean to his existing garage.  He is requesting a 5 ½ foot variance on his side property.  M by Weninger, MS by Eckart to approve the variances.  Upon VV, MC.

PLANNING & ZONING MINUTES:  Included in the packet.

 

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, October 11th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, October 11th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, and Chief Shaine Towe. 

VISITORS: Josh Feil, Luke Arnold, Edie Schell, Colleen Wipf, Jeff Kukowski, Brandon Kukowski, Gerard Grad, Eleanor Sieglock and Brice Wakefield.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING – ABATEMENT 80840000 & 80460000:  Edie Schell and Colleen Wipf addressed the council on behalf of MJ Bell’s property regarding the most recent tax increase for Parcel #80840000.  They expressed their concerns on the condition of the property.  M by Hoepfer, MS by Knudtson to approve the application for the abatement/refund of taxes for parcel #80840000.  Upon VV, MC.  Eleanor Sieglock approached the council on behalf of her property and most recent tax increase for Parcel #80460000.  M by Hoepfer, MS by Volk to table the application for the abatement/refund of taxes for parcel #80460000 until next meeting when more information is gathered.  Upon VV, MC.

M by Volk, MS by Eckart to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

MOORE ENGINEERING:  Josh with Moore Engineering updated the council on the status of the current projects.  Total Backflow will be coming back to finish installing around 100 meters left in the Water Meter Replacement Project.  Most of the underground work is completed or near completion for the Street Improvement District No. 2016-1 Project.  Next week they will be working on curb and gutter.  M by Hoepfer, MS by Volk to accept Change Order No. 2 and the amount of $85,092.00.  Upon RCV, MC.  Moore Engineering submitted invoice #16841 in the amount of $68,517.00.  M by Eckart, MS by Knudtson to approve the payment.  Upon RCV, MC.  M by Volk, MS by Weninger to approve the contractor’s Payment Application No. 1 in the amount of $609,663.83 to Bituminous Paving.  Upon RCV, MC. Preliminary plans are ready for the Third Street Design-Temporary Gravel Road.  Luke explained that Intertech was supposed to test the intersection of Alder Avenue and 7th Street for contamination of soil.  M by Hoepfer, MS by Eckart to have them return for a fee of $2500.00 to test that soil.  Upon VV, MC.

JEFF KUKOWSKI: Jeff asked the council if they would be willing to reduce some of his landfill expenses that he incurred while cleaning up his property at 512 Burke Avenue.  The council told him the property is looking good. M by Volk, MS by Hoepfer to reduce his cost in half.  Upon VV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine stated the police department received a grant from Verendrye Electric in the amount of $412 that will be used for cameras.  The ND Community Foundation also gave them a grant for $3500 that will be used for radio upgrades.  The police department and Harvey Public Schools have been working together on Emergency Procedures and policies. The council voiced their concerns regarding loud vehicles in town and excessive speed.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson informed the council that we did not receive any bids for the garbage truck that we have up for sale.  The consensus of the council was to keep the garbage truck.  The house at 517 E. 5th St. has been torn down and the basement dug up and filled in.  The garage at the Hanson property located at 508 Burke Avenue is down and the house will be next.  We are waiting for David Wrape to sign the deed over for the property located at 717 Park Avenue.  Included in the packet were skid steer prices.  M by Volk, MS by Weninger to purchase the Bobcat T770 T4 w/tracks, the total price w/attachments = $64,362.00.  Upon RCV, MC.  Harvey Park Board is asking we waive their building permit fee for their 12x24 storage building.  M by Volk, MS by Hoepfer to waive the $10.00 building permit fee. The business district snow hauling was discussed.  The consensus of the council was to send a letter to businesses explaining they need to take care of their own snow removal behind their businesses.  M by Volk, MS by Hoepfer to sell the old sander.  Upon VV, MC.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Nordby discussed the lots that the city has that will be going up for sale.  M by Volk, MS by Knudtson to list the properties with a realtor.  Upon VV, MC.  Karen updated the council on the childcare project and informed them they did not receive the $250,000 Community Block Grant.  The other grants they have requested have been denied as well.  The JDA has decided to notify the contractor to have him start the project.  They will continue to look into other grants that may be available.  Mayor Adams addressed the council about becoming paperless for their meetings. She attended a conference and found out we are one of the last ones to convert over.  M by Volk, MS by Weninger to purchase electronic devices to move forward with paperless packets and meetings.  Upon VV, MC.

MINUTES: M by Baltrusch, MS by Hoepfer to approve the minutes of the Regular Meeting on September 13th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Hoepfer to approve the Auditor’s Cash Report as submitted with September Revenue of $95,686.51.  Upon RCV, MC.

VOUCHERS:  M by Baltrusch, MS by Hoepfer to approve the vouchers with expenses of:  Ameripride 111.84, Ann Adams 238.30, Bank Of ND 1127.77, Black Mountain Software 100.00, Cengage Learning 188.94, Cole Papers Inc. 1099.49, Curt Benson 500.00, Cynthia Rae 38.52, Dacotah Paper Co. 359.48, Dale’s Radiator & Repair 28.50, David Wrape 2500.00, Dean Klier 152.70, Emery-Pratt Co 81.09, Farroh Roof Truss Co. 4660.00, Faul Excavating 959.54, Ferguson Waterworks 82.35, Fire Safety USA 698.26, Friedt’s Yard Service 250.00, Gaffaney’s of Minot 507.83, Harvey Area Chamber of Commerce 4000.00, Harvey Motor Service 71.85, Harvey Oil Co. 1876.00, Hav It Recycling 1000.00, Hav It Services 272.00, Hawkins Inc. 3277.56, Herald Press 596.57, Hinrich’s Super Valu 48.25, Information Technology Dept. 62.80, Karen Nordby 243.65, Keller Plmb. & Heating 1990.66, Kotaco 1865.60, Lemer’s True Value 41.63, Little Mart 69.44, Michael Frederick 25.00, Mid American Research Chemical 104.35, Mid Dakota Lumber 10,197.54, Minitex 71.00, Minot Daily News 100.00, ND Dept. of Health/Microbiology 32.00, ND League of Cities 140.00, NDTC 1425.78, One Call Concepts 28.00, Ottertail 7396.66, Patricia Pfahlert 37.31, Penworthy 55.56, Radisson Hotel Bismarck 83.70, Rough Rider Ind. 64.28, Shawn’s Electric 1380.90, Skillpath/NST Seminars 447.00, Ted D. Seibel PC 2669.44, TJ Plumbing 941.50, Tractor Supply Co. 18.99, Unum Life Ins. Co. 171.00, US Bank 154,456.25, US Postal Service 233.89, Verendrye Electric 201.00, Verizon 384.10, Waste Management of ND 4286.82, Visa 641.41, and September Payroll $72,857.14.  Upon RCV, MC.

UNFINISHED BUSINESS:

2017 IMPROVEMENT PROPERTY LIST:  Included in the packet was a letter from Ted Seibel, PC to Stephen Kelly regarding his property being in violation of various city ordinances.

DANGEROUS DOGS:  Information was given in the packet from Ted Seibel, PC regarding dangerous dogs and how the City might address problems posed by dogs that harass individuals and other animals.  The current dog ordinance was included in the packet and the council discussed changes they would like to see in the ordinance such as a limit to how many dogs a property can have.  The consensus of the council was to have Ted Seibel, PC make the changes as discussed and table it until all changes have been made.

DEANNEXATION:  M by Knudtson, MS by Hoepfer to adopt the first reading of the Ordinance excluding certain tracts from the annexation of Westside Acres being a part of Section 36, Township 150 North, Range 73 West, Wells County, North Dakota. Upon RCV, MC.

NEW BUSINESS: 

ORDINANCE NO. 2017-02 FIRST READING PORTABLE STORAGE CONTAINERS:  The consensus of the council was to have Ted Seibel, PC make the changes as discussed and table this first reading until all changes have been made.

BALL PARK ADDITION PAVEMENT:  A letter from Ted Seibel, PC to Brian Julius with Moore Engineering was included in the packet to gather information and investigate what steps may be taken to correct the defective cement work that was done on Ball Park Addition.

CITY ASSESSOR:  M by Volk, MS by Baltrusch to appoint Jana Schimelfenig as the City Assessor.  Upon VV, MC.

LEAD LOCAL:  The Wells County Extension Office is holding a training for aspiring, elected and appointed leaders serving on boards, councils and committees.  Mayor Adams suggested the Harvey City Council attend if possible on November 16th.

RON VOLK RESIGNATION: Council member Ron Volk announced he will be resigning as of October 31st, 2017 from the Harvey City Council.  The council thanked Ron for all his years of service.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

CHILDCARE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, September 13th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, September 13th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, and Chief Shaine Towe. 

VISITORS: Josh Feil, Jim Weinmann, Peter Varelas, Robert Prouty, and Brice Wakefield.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING – PROUTY ABATEMENT 81157000:  Robert Prouty addressed his concerns to the council regarding his most recent tax increase for Parcel #81157000.  The council reviewed similar homes in the area and in their opinion his increase is not out of line.  M by Volk, MS by Weninger to deny the application for the abatement/refund of taxes for parcel #81157000.  Upon VV, MC.

M by Volk, MS by Eckart to adjourn the public hearing.  Upon VV, MC.

PUBLIC HEARING FOR NOTICE OF DANGEROUS BUILDINGS:

Helland has not appealed to the District Court within the 30 days.   M by Volk, MS by Eckart to proceed with demolition of 517 5th Street E. per ordinance.  Upon VV, MC.

Hanson has not appealed to the District Court within the 30 days.   M by Volk, MS by Eckart to proceed with demolition of 508 Burke Avenue per ordinance.  Upon VV, MC.  The consensus of the council was to allow extra time to get the belongings out of the property.

 

M by Eckart, MS by Volk to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

JIM WEINMANN:  Jim explained to the council that he will be moving a house in on North Street and was inquiring about the sewer in that area. They visited about the sewer locations and informed Weinmann that it would be his responsibility to have his own sewer installed and hooked to the city’s sewer mains.

MOORE ENGINEERING:  Josh with Moore Engineering updated the council on the status of the current projects.  The breaker at the ground storage tank has been tripping so this has been replaced.  M by Volk, MS by Eckart to approve Invoice #13427 for $143.75 and # 13411 for $29,500.00 to Sweeney Controls.  Upon RCV, MC.  M by Baltrusch, MS by Knudtson to approve payment to ModTech in the amount of $390.00 for the water plant printer.  Upon VV, MC.  M by Eckart, MS by Volk to approve payment to Ted Seibel PC in the amount of $125.00 for the title opinion.  Upon VV, MC.   Josh updated the council on the meter replacement project.  He said there are less than 100 meters still needing replacement but they were unable to get in touch with the residents.  Total Backflow will be coming back the third week of October to finish those installs.  M by Volk, MS by Hoepfer to approve the contractor’s application for payment in the amount of $213,570.94 to DSG.  Upon RCV, MC.  Moore Engineering is checking if project funds can cover the plumbing costs associated with the project.  Feil informed the council of the Street Improvement District No. 2016-1 project.  They have started putting in a box culvert and storm sewer on Advent Street.  They are also working on mud jacking curbs.  The concrete crew will be on site September 18th to work on curb, gutter, and ramps.  Moore Engineering submitted invoice #16501 in the amount of $34,744.60.  M by Hoepfer, MS by Knudtson to approve the payment.  Upon RCV, MC.  M by Baltrusch, MS by Hoepfer to accept change order 1, which refers to the contract language regarding milestones.  Upon VV, MC.  The sanitary sewer extension on Birch Ave. between North St. and 3rd St was discussed.  M by Baltrusch, MS by Volk to approve the top two portions of the design.  Upon RCV, MC.  The steep corner by Elm Ave and 11th St was reviewed.  M by Hoepfer, MS by Eckart to proceed with the plans for a storm sewer on the north side of 11th, and running a pipe to the south, across Elm into the ditch.  Upon VV, MC.  Nordby presented invoices for Ted Seibel PC, Herald Press, and Braun InterTech regarding project fees.  M by Volk, MS by Hoepfer to pay $18,198.25 for these fees.  Upon RCV, MC.   Invoice B098101 was submitted for Braun InterTech for soil observation, and the engineer report in the amount of $1345.40.  M by Knudtson, MS by Volk to approve this pay request.  Upon RCV, MC. M by Weninger, MS by Knudtson to approve the pay request to Arntson, Stewart, Wegner PC for professional services in the amount of $5600.25.  Upon VV, MC.   

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine has been reviewing the police applications for the open position and has one certified applicant that has matched all requirements and is currently in the background check process.  Towe said he has been receiving positive feedback from the businesses regarding the officers doing security checks on businesses after hours.  Chief Towe expressed an area of concern on Brewster Street by the Elementary School and Hospital especially after school.  People are driving too fast and not paying attention to the crosswalks.  Officer Head has asked to purchase an older Nokia Smartphone that the department has had in storage as they no longer use.  M by Baltrusch, MS by Volk to approve the purchase in the amount of $20.00.  Upon VV, MC.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson updated the council on the water tower paint peeling. The company is reviewing what the next step will be.  The golf course road will not be chip sealed this year due to the computer on the county’s chipping machine going out.  The county has billed the city $13,500.00 for the project. M by Hoepfer, MS by Baltrusch to approve this pay request.  Upon RCV, MC. The timer equipment to synchronize the emergency sirens has arrived and Kenny has been in contact with the siren rep to get them hooked up.  The International 460 tractor’s clutch is going out.  There was a discussion if we should keep putting money to repair this tractor or look into a new tractor.  M by Volk, MS Baltrusch to fix the tractor.  Upon VV, MC.   The council feels a skid steer would be more beneficial to the city.  M by Volk, MS by Hoepfer to have Kenny look into pricing and options of a skid steer.  Upon VV, MC. The old garbage truck has been placed up for sale.  The commercial garbage rates have not been raised for quite some time, but we may need to look at increasing rates of the larger users.  We now have the onboard scale and can charge accordingly.  Ron Volk, Kenny and Karen have been working on a new rate.  M by Volk, MS by Weninger to accept this new rate starting November 1st.  Upon VV, MC. The council discussed the intersection of Brewster St. and 10th St.  They would like to see signage warning the oncoming traffic.  Kenny will look into this matter.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Nordby asked the council if she could attend the NDPERS Benefits Education along with Cherie, Karissa and Kenny on November 1st.  Karen, Karissa, and Cherie would also like to attend the Woman’s Professional Conference that will be held the day before on October 31st and is $140.00 per person.  M by Volk, MS by Eckart to allow this request and to ask Rita Weninger to watch over the office during those days.  Upon VV, MC.

MINUTES: M by Baltrusch, MS by Volk to approve the minutes of the Regular Meeting on August 9th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Volk to approve the Auditor’s Cash Report as submitted with August Revenue of $98,981.28.  Upon RCV, MC.

VOUCHERS:  M by Weninger, MS by Volk to approve the vouchers with expenses of:  Ameripride 111.84, Black Mountain Software 1000.00, Cengage Learning 66.00, Cherie Heisler 245.00, City of Harvey 10,721.86, Computer Projects of IL 1,005.60, Deb Kourajian 124.93, Double E Designs 2,500.00, Elite Spraying 3,421.14, Emery-Pratt Co. 187.73, Friedt’s Yard Service 500.00, Harvey Ben Franklin 182.55, Harvey Motor Service 192.42, Harvey Park District 15,707.59, Hav It Recycling 1,000.00, Hav-It Services 267.00, Hawkins Inc. 1,329.75, Herald Press 680.28, High Plains Equipment 202.26, Hornbacher’s Café 54.04, Information Technology 77.80, Kotaco 2,993.48, Law Enforcement Systems 304.00, Lautt’s Feed & Supply 84.75, Lemer’s True Value 154.53, Little Mart 91.72, Mid Dakota Lumber 4,129.91, Miller Clothing 307.00, Municipal Government Academy 25.00, Napa Auto 14.29, NDPERS 40.00, NDTC 1,701.66, Jamey Weinmann 118.80, ND Dept. of Health 718.17, ND Dept of Health/Microbiology 32.00, NDWPCC 200.00, One Call Concepts 19.00, Ottertail Power Co. 8,395.13, Railroad Mgmt. Co. 194.55, Ripplinger Motors 86.75, Rooster Repair 237.22, Rough Rider Industries 1,245.00, Shaine Towe 119.22, Starion Bond Services 14,193.00, Tecta America Greenberg Roofing 527.08, Ted D. Seibel PC 2,478.95, The Library Store 282.45, TJ Plumbing 799.50, Tractor Supply Co. 175.92, Univar 1,196.25, Unum Life Insurance 199.50, USDA Rural Development 122,909.07, US Postal Service 234.45, Verendrye Electric 199.00, Verizon 384.10, Vern Helm 70.70, Visa 24,336.86, Waste Mgmt. of ND 10,703.48, Western Lighting Technology 256.65, Zep Sales & Service 61.51 and August Payroll $76,581.97.  Upon RCV, MC.

UNFINISHED BUSINESS:

2017 Improvement Property List:  Included in the packet was a letter from David Wrape, property owner of 717 Park Avenue.  Wrape is asking the council if the city would purchase the new materials that are in the home that were intended to be used for remodeling the home prior.  Wrape feels the expense would be too great to come back for these items as he lives out of state. M by Baltrusch, MS by Volk to agree to purchase the materials for $2500.00 in hopes that the JDA can use the materials in the new daycare.  Upon VV, MC.  Wrape said he would like to proceed with the Quit Claim Deed.  The Nancy Kukowski property was discussed and progress has been made.  In the agreement, they have until October 9th to finish their improvements.

DANGEROUS DOGS:  Information was given in the packet from Ted Seibel PC regarding dangerous dogs and how the City might address problems posed by dogs that harass individuals and other animals.  The council also discussed other changes they would like to see changed in the ordinance such as a limit to how many dogs a property can have.  The consensus of the council is to table this topic until the changes have been made.

APPROVE FINAL BUDGET:  M by Volk, MS by Weninger to approve the final budget for January-December 2018 as submitted. Upon RCV, MC.

HAV-IT RECYCLING: The council reviewed Hav-It Recycling’s request that the City increase its monthly payment for recycling services.  M by Eckart, MS by Baltrusch to deny the increase and leave the amount as is.  Upon VV, MC.  The council feels the garbage fund does not have enough revenue for the increase.

NEW BUSINESS: 

ORDINANCE NO. 2017-02 FIRST READING PORTABLE STORAGE CONTAINERS:  The consensus of the council was to table this first reading until all changes have been made.

FREY INSURANCE SIDEWALK:  Kenneth Frey had a letter in the packet regarding the curb stop in the sidewalk in front of his business.  The Lincoln Avenue sidewalk project was completed over 10 years ago.  The consensus of the council is that it is up to the owner to repair the curb stop. 

HARVEY PARK DISTRICT:  The Harvey Park District is requesting the building permit fee of $85.00 for their Concession/Bathroom Facility Project be waived.  M by Weninger, MS by Hoepfer to approve this request.  Upon VV, MC.

BOYUM DEED REGARDING CENTENNIAL PARK:  Information was included in the packet between Ted D. Seibel PC and Peter Boyum as it relates to the deed given by Dr. Lowell Boyum to the City of Harvey dated June 6, 2001.  The deed cannot be recorded because the document was not notarized.  Instruction was given on how to correct this issue.  M by Volk, MS by Baltrusch to proceed with the process to get this resolved.  Upon VV, MC.

APPOINTMENT OF PUBLIC HEALTH OFFICER: M by Hoepfer, MS by Volk to appoint Dr. Charles Nyhus to the position of Public Health Officer.  Upon VV, MC. 

POLICE DEPARTMENT—Legal Authority NDCC 44-04-19.2.

M by Weninger, MS by Volk to go into executive session, Upon RCV, MC.

Executive session started at 7:50 p.m. and was recorded.  In attendance were Mayor Adams, Knudtson, Weninger, Volk, Hoepfer, Eckart, Baltrusch, Nordby, Erickson, and Dockter.

Executive session closed by Mayor Adams at 8:10 p.m.

Mayor Adams opened the meeting to the public.

M by Baltrusch, MS by Hoepfer to extend the probation period for Chief Shaine Towe to January 25th, 2018.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

PERSONNEL COMMITTEE MINUTES:  Included in the packet.

Myron Volk has requested a leave of absence from August 28, 2017 to November 27, 2017.  The consensus of the council was to accept the Personnel Committee’s recommendation to approve his request with the condition he uses all his vacation time.  If he would like to continue with the city’s health insurance plan he would have to pay all costs associated with it.

POLICE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, August 9th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, August 9th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, Ted Seibel, P.C. and Chief Shaine Towe. 

VISITORS: Josh Feil, Luke Arnold, Brandon Oye, Bill Berg, Justin Moline, Frances Grossman, Jeff Kukowski, and Arnie Selzler.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING FOR NOTICE OF DANGEROUS BUILDINGS—:

Jeff Kukowski was there on behalf of the Nancy Kukowski property located at 512 Burke Avenue.  He agreed the house should be torn down but asked the council for some more time to get his property out from inside.  M by Volk, MS by Knudtson to give him 60 days from today to remove his property and if the property cannot be repaired so that it will no longer exist in violation of the ordinances it shall be demolished by the City through its officers and employees if Kukowski fails to comply with this Order or fails to appeal to the District Court within 60 days. Upon VV, MC.

M by Volk, MS by Weninger to continue with the process for 572 E 5th Street.  The property cannot be repaired so that it will no longer exist in violation of the ordinances and shall be demolished by the City through its officers and employees if Helland fails to comply with this Order or fails to appeal to the District Court within 30 days. Upon VV, MC.

M by Weninger, MS by Hoepfer to continue with the process for 508 Burke Ave.  The property cannot be repaired so that it will no longer exist in violation of the ordinances and shall be demolished by the City through its officers and employees if Hanson fails to comply with this Order or fails to appeal to the District Court within 30 days. Upon VV, MC.

M by Weninger, MS by Hoepfer to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

MOORE ENGINEERING:  Brandon with Moore Engineering updated the council on the status of the current projects.  He addressed the ground storage tank pump that wasn’t pumping lower than 15 feet that was brought up last meeting.  They increased the VFD percentage that it was running at and now that it is balanced, both are running at 85%.  M by Volk, MS by Eckart to approve invoice #16103 for engineering services for the ground storage project in the amount of $5,179.71.  Upon VV, MC.  Brandon informed the council that the water meter replacement project will be underway and that they will separate the project in four sections, starting with the area north of Brewster Street and south of the railroad tracks.  M by Knudtson, MS by Weninger to pay $2500.00 for the loan closing of the meter project to Ohnstad Twichell.  Upon VV, MC.  There was a pre-construction meeting held today to discuss the upcoming street project that will begin later this month.  They will hold weekly construction meetings every Tuesday morning as the work begins.  No major asphalt work will begin this year.  M by Volk, MS by Eckart to accept the commitment from the Bank of ND for funds from the infrastructure revolving loan program.  Upon VV, MC.  The resolution authorizes issuance of a Definitive Improvement Warrant against Street Improvement District No. 2016-1 in the amount of $7,500,000.00.  The interest rate is fixed at 2.00%, and payments start May 1, 2019 with a final maturity of May 1, 2033.  M by Hoepfer, MS by Baltrusch to accept this resolution.  Upon RCV, MC.  Moore Engineering submitted invoice #16278 in the amount of $16,778.45.  M by Baltrusch, MS by Hoepfer to approve the payment.  Upon RCV, MC.  M by Knudtson, MS by Volk to pay Invoice # 15730 to Moore Engineering for the amount of $424,421.05.  Upon RCV, MC. The contract amendment for construction engineering services was discussed.  M by Volk, MS by Hoepfer to approve the $803,635.00 contract amendment for Moore Engineering.  Upon RCV, MC. Third Street Design – Temporary Gravel Road was reviewed as Public Works Director Erickson would like Moore Engineering to provide some elevation work so he could build the temporary gravel road off of the manhole.  M by Baltrusch, MS by Weninger to approve the Engineering proposal.  Upon RCV, MC.  Millenium Addition-gravel alley was discussed and the consensus of the council was not to go ahead with this project at this time.      

PROPANE BIDS:  Mayor Adams opened the propane bids from Harvey Oil Company 21,000 gal @ $1.18 no taxes, Ferrellgas 21,000 gal @ $1.09 no taxes, and Kotaco 21,000 gal @ $1.04 no taxes.  M by Baltrusch, MS by Volk to accept the bid from Kotaco.  Hoepfer Abstained from voting.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  Shaine informed the council that police officer Jon Gallagher has resigned.  This position has been advertised and they have received some applications to be reviewed.  Hoepfer approached Towe on why there was a discussion held with the county regarding the Harvey Police Department. Towe explained that he was just gathering information to see if it was even a possibility before bringing it up to the council.  Mayor Adams also voiced her concerns.  The council informed Chief Towe that it will not be a possibility and that they are against this idea.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Tilt steering has been installed on the new garbage truck.  MaGuire Iron was scheduled to do warranty work on the water tower paint the weekend of July 29th but during the transport they ran into issues and had to postpone.  The golf course road has been reclaimed with gravel and the Base One mixed in with it.  The next step is to put the 2 chip seals on the road.  Erickson asked the council if he could purchase a mechanical thumb for the backhoe bucket.  M by Volk, MS by Baltrusch to approve this purchase.  Upon VV, MC. The emergency sirens were discussed because some residents have asked to be able to hear the 6pm whistle again.  This daily routine would also ensure that all sirens continue to work properly.  M by Volk, MS by Knudtson to approve the purchase of a program clock for each siren.  Upon VV, MC.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Nordby has been busy working on the budget and has the preliminary budget ready for approval. She also has held a personnel and finance committee meeting.  Karen, Cherie, Mayor Adams and the JDA continue to work on childcare.  The JDA terminated their offer on the house at 518 Harvey Avenue because the purchase was not supported by a number of neighbors in the surrounding area.  Our office has sent letters out informing our residents that we have a meter project approaching. Total Backflow Resources will be sending out postcards for residents to schedule their installs. 

MINUTES: M by Baltrusch, MS by Eckart to approve the minutes of the Regular Meeting on July 12th and Special Meeting on June 28th.  Upon VV, MC.

CASH REPORT: M by Hoepfer, MS by Knudtson to approve the Auditor’s Cash Report as submitted with July Revenue of $250,103.88.  Upon RCV, MC.

VOUCHERS:  M by Volk, MS by Eckart to approve the vouchers with expenses of:  Ameripride 112.68, BND 170,744.19, Black Mountain Software 1050.00, Bruce Hirchert 438.60, CenDak Farmers Union 38.80, Uniform Center 12.99, Little Mart 114.16, Chief/Law Enforcement Supply 25.00, City of Harvey 31.55, Diamond Vogel 691.10, Electronic Communications 300.00, Emery-Pratt Co. 103.63, Farmers Union Oil 23.81, Friedt’s Yard Service 500.00, Gerrells & Company Inc. 77.00, Hach Company 438.16, Harvey Ben Franklin 76.11, Harvey Motor Service 37.48, Harvey Oil Co. 1912.64, Harvey Sand & Gravel 117.95, Hav It Recycling 1000.00, Hav It Services 269.50, Hawkins 3041.70, Herald Press 466.20, Hinrichs Super Valu 17.97, Information Tech Dept. 62.80, Jamey Weinmann 9.48, Jon Johnson 151.20, Karen Nordby 18.19, KHND Radio 200.00, Kiwanis Club 320.00, Kotaco 214.09, Lemer’s True Value 345.29, Little Mart 58.14, Mid Dakota Lumber 26.40, Midee Auto 317.39, Midwest Graphics & Signs 444.00, Napa Auto 55.59, NDTC 1422.43, ND Dept of Health/Microbiology 32.00, ND Dept of Health 354.50, ND State Library 1303.28, One Call Concepts Inc. 11.00, Online Dakota Information 234.65, Ottertail Power Co. 9147.65, Penworthy 59.03, Rick Swenson 726.00, Ripplinger Motors 243.66, Rough Rider Industries 1142.00, State Fire & Tornado 7492.17, Susag Sand & Gravel 62,975.89, Tecta America Greenberg Roofing 3323.00, Ted D. Seibel PC 2103.18, Tractor Supply Co 345.52, Trista Zerr 85.19, Unum Life Ins. Comp. 199.50, US Postal Service 234.78, Verendrye Electric Coop 179.00, Verizon 384.10, Visa 601.53, Waste Mgmt of ND 8652.94, Water Environment Foundation 155.00, Welcome Wagon 20.00, Wells County Treasurer 161.24, Western Lighting Technology 1579.32, Westlie Motor Company 1157.50, Woody’s Service & Repair 559.30, Zep Sales & Service 625.94 and July Payroll $89,341.89.  Upon RCV, MC.

UNFINISHED BUSINESS:

2017 Improvement Property List:  Included in the packet was a letter from David Wrape, property owner of 717 Park Avenue.  Wrape is asking the council for 60 days before any type of demolition.  He would like the city to provide him with a cost analysis to demolish the building, and time to remove the remodeling materials inside the home.  After reviewing this bid, he will then decide if he should demolish the building himself or have the city do it.  M by Volk, MS by Hoepfer to approve his 60 day request as long as he deeds the property over to the city right away.  Upon VV, MC.

NEW BUSINESS:

ABATEMENT:  M by Baltrusch, MS by Eckart to approve the application for the abatement/refund of taxes for parcel #81274000.  Upon VV, MC.

ACH MODULE-BLACK MOUNTAIN SOFTWARE:  Included in the packet was information on an ACH module which would allow billed amounts to be collected electronically from a customer’s bank account for their water billings each month.  M by Volk, MS by Eckart to purchase the module which would allow electronic payments to those who wish to pay that way.  Upon VV, MC.

ORDINANCE NO. 2017-02 FIRST READING PORTABLE STORAGE CONTAINERS:  The consensus of the council was to table this first reading until all changes have been made.

ANNUAL CONFERENCE:  The council is encouraged to attend NDLC Fall conference in Fargo on Sept 28-30.  Please contact the office if you would like to attend.

SPECIAL EVENT PERMITS:  JW’s Bar and Grill has requested a special event permit to have a car show on their property on September 3rd  from 1:00pm-6:00pm.  Alcohol will be dispensed inside but they would like to allow it to be carried in the parking lot. M by Volk, MS by Baltrusch to approve the request at no charge due to it not being held on City property.  Upon VV, MC. 

DANGEROUS DOGS:  Information was given in the packet from Ted Seibel PC regarding dangerous dogs and how the City might address problems posed by dogs that harass individuals and other animals.  The consensus of the council was to table this topic until they could research the information a little further.

APPOINT COMMITTEE MEMBER: M by Weninger, MS by Hoepfer to appoint Melissa Anderson to the Harvey JDA Committee.  Upon VV, MC. 

CHILDCARE:  M by Weninger, MS by Volk to sell Lot 7, Block 9 of the Lonetree Estates to the Harvey JDA for $1.00 to house a childcare facility.  Upon VV, MC.

PERSONNEL:  Nordby requested a $.50 per hour increase for Karissa Dockter on her 1 year anniversary.  M by Hoepfer, MS by Volk to approve this request.  Upon VV, MC. Nordby would like to change Cherie Heisler’s title to Deputy Auditor.  M by Volk, MS by Knudtson to approve this request.  Upon VV, MC.

PERSONNEL COMMITTEE: M by Volk, MS by Knudtson to accept the committee’s recommendation of a salary increase of 3%.  Monthly Salary-Kenny Erickson $5270.36, Karen Nordby $4517.92, Shaine Towe 4240.48, Tom Burr $3216.19, Henry Head $3479.19; Hourly - Cherie Heisler $17.59, Steve Lien $18.06, Hannah Nyberg $16.71, Karissa Dockter 16.43, Keith Olson $24.48, Jamey Weinmann $22.33, John Donarski $20.95, and Myron Volk $16.07. Upon RCV, MC

FINANCE COMMITTEE:  Recommends the council accept the budget proposed by the Auditor.  M by Weninger, MS by Baltrusch to approve the preliminary budget for January-December 2018 as submitted.  Upon RCV, MC.  The preliminary budget is on file at the Auditor’s office.

EXCLUSION FROM ANNEXATION:  The City having received a petition from a number of landowners in West Side Acres and said petition contains the required signatures of 75% of the owners and 75% of the assessed value of the property in the territory, it is hereby moved by Weninger and seconded by Knudtson the landowners proceed with publication and service of notice as required by statute.  Upon VV, MC. 

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

PERSONNEL COMMITTEE MINUTES:  Included in the packet.

FINANCE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, July 12th, 2017 5:30pm

Harvey City Hall

 

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, July 12th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter, and Chief Shaine Towe. 

VISITORS: Josh Feil, Luke Arnold, Robert & Shirley Leintz, Larry & Myrna Fike, Delores Langseth, Marvin Dales, Delores Stolz, Daryl Flagen, Bridget Felchle, Brandon Storbeck, Dean Klier, Adam & Sara Hinrichs, Dale Muscha, Amy Felchle, Francis & Mary Grossman, Susan Shearer, Kathy Walsh and Marci Eckart.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

PUBLIC HEARING FOR HARVEY JDA CONDITIONAL USE PERMIT

The Harvey JDA has requested a Conditional Use Permit to allow a group 30 childcare in Lot 4, Block 4 of the Hornbacher’s 2nd Addition.  Mayor Adams explained the urgent need for childcare in our community.  M by Volk, MS by Eckart to approve the conditional use permit for childcare located at Lot 4, Block 4 of the Hornbacher’s 2nd Addition.  Visitors then voiced their concerns and/or support for the project.  Upon RCV, Baltrusch, Eckart, Weninger, Knudtson, and Volk with an aye vote and Hoepfer with a nay vote.  MC. 

M by Volk, MS by Eckart to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the Conditional Use Permit Hearing.

PUBLIC HEARING FOR NOTICE OF DANGEROUS BUILDINGS—717 PARK AVENUE—D. WRAPE:

Mayor Ann Adams called the noncompliance hearing for the property located at 717 Park Avenue to order.

M by Volk, MS by Weninger to continue with the process for 717 Park Avenue.  The property cannot be repaired so that it will no longer exist in violation of the ordinances and shall be demolished by the City through its officers and employees if Wrape fails to comply with this Order or fails to appeal to the District Court within 30 days. Upon VV, MC.

M by Volk, MS by Weninger to adjourn the public hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

MOORE ENGINEERING:  Josh Feil with Moore Engineering updated the council on the status of the current projects.  M by Baltrusch, MS by Volk to pay Invoice #6030-COE-1 to Hi-Line Electric, Inc for the telemetry upgrade in the amount of $24,936.54.   Upon RCV, MC.  The grass is growing at the ground storage reservoir so Josh advised paying the final $2000.00 to Swanberg Construction.  Public Works Director Erickson questioned Moore Engineering regarding the pumps in the ground storage tank.  They won’t pump lower than 15 feet.  Josh and Luke will look into the problem with the pump suppliers and the Engineer.  M by Hoepfer, MS by Knudtson to approve the resolution authorizing an undertaking to the municipal water utility and authorizing the issuance of a $110,000.00 Revenue Bond to finance the undertaking.  Upon RCV, MC.  The estimated start date for the water meter replacement project is August 10th.  Letters will be sent out this week informing the city residents.  Feil discussed the Street Improvement District No. 2016-1 recommendation of award.  M by Volk, MS by Weninger to accept the bid and award contract to Bituminous Paving Inc. for Base Bid of $4,832,405.00, Alternate 2-Storm Sewer North Street of $89,828.00, Alternate 3-Storm Sewer Advent Street of $64,994.00, Alternate 4-Grant Avenue Paving of $50,429.80, Alternate 5-Kennedy Avenue Paving & Storm Sewer of $406, 178.50, and Alternate 6-Meadow Lane Paving of $93,166.50. The Contract Price of the Awarded Contract is $5,537,001.80 subject to unit prices. Upon RCV, MC.  The project with construction, engineering, contingencies and other costs is estimated at $7,490,000.00.  Invoice # B096760 was presented from Braun Intertec in the amount of $9570.75.  M by Volk, MS by Knudtson to approve payment for geotechnical evaluation.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  The council would like the police department to patrol the well-traveled streets more often and enforce the speed limits as speeding has been an issue.  They also would like to see them take more time and check out the businesses after hours to make sure doors are locked and things are safe.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson explained that on Monday, July 10th, the county road crew and the city put down gravel on the golf course road for when the reclaimer comes to grind up the gravel and old asphalt.  The garbage truck will have the tilt steering put in on July 12th.  The international 460 tractor has been looked at and will need a repair of roughly $500.00 regarding the oil leak and starter.  M by Baltrusch, MS by Eckart to approve the repairs.  Upon VV, MC.   Kenny explained the foxtail issue behind some of our residents’ homes.  M by Hoepfer, MS by Knudtson to approve the purchase of a Rough Cut Mower.  Upon VV, MC.   Erickson also suggested we raise the City grass mowing fees from $150.00 to $200.00 because of the cost of blades and the wear and tear put on our equipment.  M by Knudtson, MS by Eckart to approve the increase.  Upon VV, MC.  Kenny will be marking trees with an orange X that are affected with Dutch elm disease.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Karen, Cherie, Mayor Adams and the JDA continue to work on childcare.  Nordby discussed the new water meter project and how the residents will be getting a letter explaining the procedure of this project. Bank of ND approved us for the requested loan for the Street Improvement Project 2016-1.  Karen commented on how beautiful the City flowers look. Thank you to Hav-It for doing such a good job watering them.  Nordby will be busy working on the budget for the next couple weeks.

MINUTES: M by Baltrusch, MS by Volk to approve the minutes of the Regular Meeting on June 14th.  Upon VV, MC.

CASH REPORT: M by Baltrusch, MS by Hoepfer to approve the Auditor’s Cash Report as submitted with June Revenue of $146,823.21.  Upon RCV, MC.

VOUCHERS:  M by Hoepfer, MS by Volk to approve the vouchers with expenses of:  Ameripride 167.76, Amy Lesmeister 100.00, Aqua-Pure Inc. 3793.18, Braun Intertec Corp. 9570.75, BSN Sports 465.00, CP Railway 671.95, Cengage Learning 56.50, Central Valley Health Dist. 65.00, City of Harvey 18.43, Cole Papers Inc. 1645.27, Comfort Inn 81.90, Dakota Fire Extinguishers Inc. 436.50, Deb Kourajian 199.99, Devils Lake Park Board 150.00, Elite Spraying LLC 3587.50, Emery-Pratt Co 89.88, Farmers Union Oil & C-Store 24.72, Ferguson Waterworks 2341.68, Friedt’s Yard Service 500.00, Gaffaney’s of Minot 180.38, Galls Inc. 212.97, Gerrells & Co. Inc. 304.40, Harvey Area Chamber of Commerce 4000.00, Harvey Ben Franklin 336.28, Harvey City Band 500.00, Harvey Motor Service 6.95, Harvey Oil Co. 2007.36, Harvey Park District 5000.00, Hav-It Recycling 1000.00, Hav-It Services 741.00, Hawkins Inc. 4568.15, HighPlains Equip. 314.51, Hinrich’s Super Valu 22.76, Herald Press 688.44, Information Technology Dept 62.80, Jamey Weinmann 27.66, Keith Olson 6.85, Kenny Erickson 128.20, Kotaco 369.83, Lemer’s True Value 230.01, Little Mart 71.89, Mid America Books 253.30, Mid-American Research Chemical 537.56, Mid Dakota Lumber 28.52, Napa Auto Parts 130.31, ND Dept. of Health 223.30, ND Dept of Health/Microbiology 32.00, ND Insurance 300.00, ND State Library 34.95, NDTC 2033.06, One Call Concepts Inc. 13.00, Ottertail Power Co. 8119.05, Penworthy 28.80, Redwood Toxicology Lab 10.00, Ripplinger Motors 81.25, Rooster Repair 50.97, State Fire & Tornado 80.41, Ted Seibel PC 888.94, The Library Store 280.83, Third Watch Communications 138.00, Tractor Supply Co. 325.09, Trista Zerr 212.98, Uniform Center 28.98, US Postal Service 284.19, Verendrye Electric Coop 168.00, Verizon 380.92, Visa 1215.52, Waste Mgmt of ND 2336.10, 1st Mechanical Construction LLC 28.98, and June Payroll $87,268.77.  Upon RCV, MC.

UNFINISHED BUSINESS:

West Side De-annexation Request:  The council discussed the recommendation from the Planning & Zoning committee for de-annexation from the property owners of the West Side Annexation.  Justin & Deann Stanley, Robert and Kathy Flach, Rod & Corene Buxa, Stanley Buxa, Michael Thompson and Arvadell Leard have requested to have their property returned to Hillsdale Township.  They feel they have not received all the benefits that were promised to them.  M by Eckart, MS by Knudtson to accept the Planning & Zoning Committee’s recommendation to de-annex the properties listed above and to start the legal process with all expenses paid by the property owners.  Upon VV, MC.

2017 Improvement Property List:  Included in the packet were 3 new noncompliance properties that were presented to the council. The addresses are 572 East 5th Street, 508 Burke Avenue, and 512 Burke Avenue.  Hearings will be set up for the August Council Meeting.  Ted Seibel has sent a Notice of Lien for $8672.50 for the property located at 500 Pleasant Street.

NEW BUSINESS:

SPECIAL EVENT PERMITS:  :  Lemer’s True Value has requested a Special Event Permit for the closure of  Lincoln Ave south of 10Th Street in front of Lemer’s True Value and Rental Store on August 5th from 11:00 AM to 3:00 PM.  They have requested to place a Tent on Lincoln Ave for Customer Appreciation and Anniversary Sale.  M by Volk, MS by Eckart to approve the request.  Upon VV, MC. 

Krafty’s Bar & Grill has requested a special event permit to have the road closed on Lincoln Avenue between 7th and 8th Street for a car show/pig roast/street dance on August 19th from 12:00 noon – 2:00 a.m. They would like to extend their hours from 1:00 a.m. to 2:00 a.m. and are requesting to have off premise beer sales on Lincoln Avenue between 7th and 8th Street while the road is closed for this event.  M by Hoepfer, MS by Weninger to approve the request.  Upon VV, MC. 

SALES TAX EXTENSION RESOLUTION:  M by Volk, MS by Knudtson to approve the sales tax extension resolution that has been used for the past several extensions.  Upon, VV, MC.

ORDINANCE NO. 2017-02 FIRST READING PORTABLE STORAGE CONTAINERS:  The draft for the proposed portable storage container Ordinance No. 2017-02 was in the packet for review.  Suggestions were given and the consensus of the council was to table this first reading until all changes have been made.

BOND RESOLUTION FOR CITY AUDITOR:  M by Volk, MS by Eckart to approve the bond resolution for Karen Nordby, Auditor, in the amount of $1,718,000.00.  Upon RCV, MC.

COMMITTEE MEMBER RESIGNATIONS:  The consensus of the council was to accept the resignation of Kevin Tuenge from the JDA Committee, and Steve Eckart from the Planning & Zoning Committee and the Board of Adjustments Committee.

APPOINT COMMITTEE MEMBER: M by Volk, MS by Hoepfer to appoint Arnie Selzler to the Planning and Zoning Committee and the Board of Adjustments Committee.  Upon VV, MC. 

CHILDCARE FACILITY PURCHASE:  M by Volk, MS by Weninger to approve the JDA’s purchase of Lot 4, Block 4 of the Hornbacher’s 2nd Addition using $50,000 from JDA fund 2130 and the remainder will be paid out of JDA fund 4050.  Upon RCV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

PLANNING & ZONING MINUTES:  Included in the packet.

 

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, June 14th, 2017 5:30pm

Harvey City Hall

 

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, June 14th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, and Karissa Dockter.  Officer Jon Gallagher entered the meeting before the Police Report.   

VISITORS: Josh Feil, Brice Wakefield, Marci Eckart, Bob Flach, Justin Stanley and Mick Thompson.

Mayor Adams called the Public Hearing to order.

Mayor Adams led the Pledge of Allegiance.

HEARING FOR NOTICE OF DANGEROUS BUILDINGS—717 PARK AVENUE—D. WRAPE:

M by Volk, MS by Knudtson to continue with the process for the property at 717 Park Avenue.  The property cannot be repaired so that it will no longer exist in violation of the ordinances and shall be demolished by the City through its officers and employees if Wrape fails to comply with this Order or fails to appeal to the District Court within 30 days. Upon VV, MC.

M by Baltrusch, MS by Eckart to adjourn the Public Hearing.  Upon VV, MC.

Mayor Adams closed the public hearing and opened the Regular City Council Meeting.

DEANNEXATION REQUEST:  Bob Flach approached the council on behalf of himself and other landowners who were previously annexed into the City of Harvey. They are now requesting deannexation so they can go back to Hillsdale Township.  The council understood and advised them that the first step would be to take it to the Planning and Zoning Committee.  The city council also informed them that any fees involved would be their responsibility.

MOORE ENGINEERING:  Josh with Moore Engineering updated the council on the status of the current projects.  Moore inspected the warranty work that needs to be completed in the Ballpark Addition.  They have recommended that we contact our attorney to help us solve the issues.  M by Volk, MS by Hoepfer to proceed with Seibel’s help.  Upon VV, MC.   M by Baltrusch, MS by Volk to pay Swanberg Construction $71,692.00 for pay application #8 less $2000.00 until seed establishment. Upon RCV, MC.   M by Baltrusch, MS by Eckart to approve the final balancing change order No. 2.  Upon VV, MC. The water meter replacement project should be starting in August.  Moore completed the final inspection on the North Street & Jackson Avenue project.  The contractor has completed the final punch list.  Braun Intertec performed more core samples for the proposed street project.  M by Volk, MS by Weninger to pay $12,450.00 for work performed.  Upon VV, MC. The consensus of the council is that they are not interested in the ground penetration test.  The bid opening for the proposed street project will be June 28th at 3pm.  M by Weninger, MS by Volk to pay Moore Engineering Invoice #15730 in the amount of $424,421.05 for the design, study and report phase for the proposed street project.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  The department cell phones were recently updated and the Employee Assistance Program was reviewed.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson stated that the lot has been leveled off and the hydro-seeding is done at the new water ground storage tank.  They are still waiting on the antennas to be installed so they can control everything from the water plant.  Kenny has not heard back from MaGuire Iron regarding the water tower paint peeling.  He will have Attorney Ted Seibel follow up on it.  The golf course road was discussed.  The Wells County Road Crew and the City of Harvey will begin the work in early July.  Erickson mentioned that Tecta America was here and did a free roof inspection and had some recommendations for repairs.  M by Knudtson, MS by Weninger to approve the repairs in the amount of $3,323.00 to Tecta America.  Upon VV, MC.  Portable storage containers were addressed and a proposed ordinance was in the packet for review.  The consensus of the council was in agreement with the proposed ordinance but it has to go to planning and zoning first.  The new garbage truck has arrived and some modifications need to be completed.  M by Hoepfer, MS by Knudtson to have tilt added to the garbage truck.  Upon VV, MC.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review. Karen, Cherie, Mayor Adams and the JDA have been busy working on childcare.  The need is great and they are looking for a location for a group 30 childcare.  Nordby has consulted Attorney Ted Seibel about salons serving wine to clients.  Ted advised that it is unlawful and the consensus of the council was to not make any changes. M by Volk, MS by Baltrusch to have Ted Seibel update the ordinance book.  Upon VV, MC. Nordby attended the MFOA training in Bismarck and has started the budget process.

MINUTES: M by Baltrusch, MS by Volk to approve the minutes of the Regular Meeting on May 10th.  Upon VV, MC.

CASH REPORT: M by Volk, MS by Weninger to approve the Auditor’s Cash Report as submitted with May Revenue of $75,679.86.  Upon RCV, MC.

VOUCHERS:  M by Volk, MS by Weninger to approve the vouchers with expenses of:  Ameripride 111.84, BND 1869.23, Braun Intertec Corp. 566.00, Carrington Rec Dept. 150.00, Center Point Large Print 86.56, Cherie Heisler 118.75, City of Harvey 1.88, Cosun Biobased Products 6660.00, Dacotah Paper 265.97, Dakota Fire Extinguishers 504.80, Dale’s Radiator & Repair 604.50, Deb Kourajian 447.00, Eldridge Publishing Co. 27.50, Emery-Pratt Co. 366.57, Farmers Union Oil Co. 2493.75, Federal Signal Corporation 25,136.00, Ferguson Waterworks 535.05, Frey Ins. Agency 2999.00, Friedt’s Yard Service 500.00, Gaffaney’s of Minot 171.90, Galls Inc. 133.57, Harvey Ben Franklin 27.80, Harvey Motor Service 510.00, Harvey Oil Co. 2436.79, Harvey Park District 2000.00, Harvey Sand & Gravel 53.58, Hav-It Recycling 1000.00, Hawkins Inc. 1850.78, Herald Press 424.12, Hinrich’s Super Valu 39.03, HR Collaborative 50.00, Information Technology Dept. 62.80, Karen Nordby 174.79, Keith Olson 11.29, Kotaco 117.04, Lautt’s Feed & Supply 58.14, Lemer’s True Value 196.82, Little Mart 106.06, Mid Dakota Lumber 149.74, Midee Auto 437.10, ND Dept of Health 1120.15, ND Dept of Health/Microbiology 32.00, NDTC 1420.65, One Call Concepts 50.00, Ottertail Power Co. 14,602.09, Penquin Mgmt. Inc. 948.00, Pipe Detectives Inc. 1430.46, Rooster Repair 412.95, Rough Rider Ind. 302.66, Sanitation Products 159,886.00, Schmaltz’s Greenhouse 1654.57, Share Corporation 195.68, Shawn’s Electric 1222.31, Ted D. Seibel PC 1543.20, Smart Apple Media 146.70, The Library Store 242.79, Tractor Supply Co. 95.78, Trista Zerr 251.83, Uniform Center 279.95, Unum Life Ins. Co. 399.00, US Postal Service 235.73, Verendrye Electric Cooperative 188.81, Verizon 381.18, Visa 2246.54, Warehouse Grocery 48.23, Waste Management of ND 4750.16, West Shore Services Inc. 1600.00,  and May Payroll $98,731.82.  Upon RCV, MC.

UNFINISHED BUSINESS:

2017 Improvement Property List:  Kenny, Karen, Arnie and Ted continue to work on this list and address the concerns. ORDINANCE #2017-01 CHANGE CHAPTER 6:  M by Volk, MS by Hoepfer to adopt the second and final reading of the ordinance amendment for lot coverage and sidewalls that was presented to the council.  Upon RCV, MC.

NEW BUSINESS:

CENTENNIAL PARK STABBUR:  The stabbur located in Centennial Park was discussed because of the vandalism that has been occurring.  The consensus of the council was to replace the windows and leave the door unlocked.  They will revisit the topic as needed.

SPECIAL EVENT PERMITS:  Faith Lutheran Church has requested a special event permit to have the road closed on Adams Ave. from 8th Street to the end of their property and the City Parking Lot closed on June 4th-June 8th from 5:30pm-8:30pm during vacation bible school.  Mayor Adams, Auditor Nordby and Chief Towe approved the request prior. Norsemen Motorcycle Club has requested a special event permit to have the road closed on Lincoln Avenue between 7th and 8th street for their Bikers Fighting Diabetes Run on June 24th from 6:00 p.m. – 2:00 a.m. M by Baltrusch, MS by Hoepfer to approve the request.  Upon VV, MC.  Krafty’s Bar & Grill is requesting a special event permit to extend their hours from 1:00 a.m. to 2:00 a.m. and to have off premise beer sales on Lincoln Avenue between 7th and 8th street while the road is closed for the Norsemen Motorcycle Club event.  M by Eckart, MS by Hoepfer to approve the request.  Upon VV, MC.  The Harvey Fire Department has requested a special event permit to have the road closed on Alder Avenue between 7th and 8th Street for their annual family picnic.  M by Eckart, MS by Weninger to approve the request.  Upon VV, MC. 

SITE AUTHORIZATIONS:  M by Weninger, MS by Volk to approve Site Authorizations for Wells Aerie #3080 FOE to conduct games at the Harvey Eagles Club and Krafty’s Bar & Grill provided all gaming rules and regulations are followed.  Upon VV, MC.   M by Baltrusch, MS by Volk to approve Site Authorizations for Wells Sheridan Gaming to conduct games at JW’s Bar & Grill, Spectator’s Bar & Grill and the Harvey Senior Center provided all gaming rules and regulations are followed.  Upon VV, MC.

APPOINT COMMITTEE MEMBER: M by Volk, MS by Eckart to appoint Josh Nannenga to the Planning and Zoning Committee.  Upon VV, MC. 

BOARD OF ADJUSTMENTS: Minutes included in the packet. 621 5th Street East is requesting a variance of 6 foot on the North side and a 11 foot variance on the East side of  his property to build a garage.  M by Weninger, MS by Hoepfer to approve the variance.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

AIRPORT MINUTES:  Included in the packet.

POLICE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

 

 

 

REGULAR HARVEY CITY COUNCIL MEETING

Wednesday, May 10th, 2017 5:30pm

Harvey City Hall

Note:  All motions unanimously passed unless otherwise stated.

Key:  M-Motion, MS-Motion Second, VV-Voice Vote, RCV- Roll Call Vote, MC-Motion Carried

The Harvey City Council met in Council Chambers on Wednesday, May 10th, 2017 at 5:30pm.  Present were Mayor Ann Adams, Milo Baltrusch, Rick Eckart, Bob Weninger, Linda Knudtson, Donnie Hoepfer and Ronald Volk.

Also present were Auditor Karen Nordby, Public Works Director Kenny Erickson, Karissa Dockter and Chief Shane Towe.   

VISITORS: Brandon Oye, Josh Feil, and Brice Wakefield

Mayor Adams called the Regular Meeting to order.

Mayor Adams led the Pledge of Allegiance.

MOORE ENGINEERINGBrandon with Moore Engineering updated the council on the status of the current projects.  The ground storage reservoir’s substantial completion date was October 12, 2016.  M by Volk, MS by Weninger to accept the completion date for the Ground Storage Reservoir.  Upon VV, MC.  Oye presented Engineering Invoice # 15456 in the amount of $18,144.08.  M by Baltrusch, MS by Volk to approve payment to Moore Engineering.  Upon RCV, MC.  He went on to discuss the water meter replacements.  Mayor Adams signed the notice of award letter and execute contract with DSG for the electronic water meters.  Brandon addressed the council regarding the Street Improvement District No. 2016-1.  Moore Engineering has submitted the loan application to BND.  Nordby provided BND with financial information.  Liquidated damages calculations were discussed.  M by Baltrusch, MS by Eckart to approve Oye’s recommendation.  Upon VV, MC.  M by Volk, MS by Weninger to authorize the Auditor to advertise for bids.  Upon VV, MC.  M by Weninger, MS by Volk to approve the Engineering Agreement for study, design, bidding, assessments and funding phases for the street project.  Upon RCV, MC.

POLICE REPORT: Chief Towe’s police report was in the packet for the council to review.  The new police chief Shane Towe was introduced.  Towe reported to the council that the 2017 Tahoe has arrived.  Proper ATV rules were discussed.  All Class II & III off-highway vehicles can be on city streets only if they are equipped with the following equipment, all of which must be in working order:  one headlamp, one horn, one tail lamp, speedometer, one brake light, one mirror.  Class I off-highway vehicles cannot be operated with in the city limits of Harvey.  An individual may not operate an off-highway vehicle in the following ways, which are declared to be unsafe and a public nuisance:  At an unreasonable rate of speed in relation to surrounding circumstances and in a careless, reckless, or negligent manner that endangers the rider or property of another, or causes injury or damage to other persons or their property.

PUBLIC WORKS REPORT: Public Works Director Erickson’s report was in the packet for the council to review.  Erickson stated that the new emergency sirens have been installed.  He asked the council if we should keep the old emergency siren on 7th St. because it is on a timer.  M by Knudtson, MS by Eckart to keep the old emergency siren for the 6:00 pm whistle.  Upon VV, MC.  Erickson asked for the approval to have Moore Engineering survey 3rd St. and Millenium Addition for elevation.  M by Baltrusch, MS by Volk to approve the request.  Upon VV, MC. Erickson also mentioned that the 460 IH Tractor has been leaking fluid and the council asked him to have someone look into the issue.  Kenny has noticed paint chipping on the recently painted water tower.  He has been in contact with MaGuire Iron to inspect.

AUDITOR REPORT: Nordby’s report and the financials were in the packet for the council to review.  Karen reported to the council that she has been busy working with the mayor regarding childcare.

MINUTES: M by Baltrusch, MS by Volk to approve the minutes of the Regular Meeting on April 12th, and Special Meetings April 6th & 19th.  Upon VV, MC.

CASH REPORT: M by Knudtson, MS by Weninger to approve the Auditor’s Cash Report as submitted with April Revenue of $85,142.96.  Upon RCV, MC.

VOUCHERS:  M by Hoepfer, MS by Eckart to approve the vouchers with expenses of:  Ameripride 111.65, Chief Frank Senn 30.00, City of Harvey 5000.00, Cole Papers Inc. 126.98, Curt Benson 340.00, Double E Designs 89.00, Efraimson Electric 6331.44, Emery-Pratt Co 274.54, Ferguson Waterworks 52.19, First International Bank 5147.41, Frey Ins. Agency 12.00, Gaffaney’s of Minot 87.98, Galls Inc. 209.94, Harvey Ben Franklin 481.55, Harvey City Band 450.00, Harvey Motor Service 269.06, Harvey Oil Co. 3844.70, Harvey Sand & Gravel 2070.00, Harvey Steam Locomotive 500.00, Hav It Recycling 1000.00, Hav It Services 272.00, Hawkins Inc. 1516.31, Herald Press 840.03, Hinrichs Super Valu 94.51, Information Tech Dept 62.80, JP Cooke Co 72.26, John Deere Financial 564.00, Keith Olson 11.29, KHND Radio 200.00, Kotaco 1859.27, Lemer’s True Value 203.31, Little Mart 339.46, Mid Dakota Lumber 154.91, Midee Auto 105.00, Miller Clothing 20.63, Minot Daily News 100.00, Napa Auto 4.69, ModTech IT Services 133.00, North Country Trail Assoc. 50.00, ND Clerk’s Association 100.00, ND Dept of Transportation 5.00, NDTC 1393.62, Northern Appraisal 1000.00, One Call Concepts 18.00, Ottertail Power Co. 389.77, Penworthy 284.19, Post Board 90.00, Praxair Distribution Inc. 99.90, Quad County Babe Ruth 600.00, Redwood Toxicology Lab 114.91, Sewer Equip Co of America 193.16, Shawn’s Electric 327.25, Ted Seibel PC 3369.50, The Library Store 297.21, Third Watch Communications 1929.86, Tractor Supply Co. 8.78, Uniform Center 133.97, Unum Life Ins. 199.50, US Postal Service 458.86, Verendrye Electric 237.00, Verizon 380.92, Visa 864.19, Warehouse Grocery 19.09, Waste Management of ND 21393.56, Wendelin Fettig 18.44, Woody’s Service & Repair 519.82,  and April Payroll $78,823.31.  Upon RCV, MC.

UNFINISHED BUSINESS:

2017 Improvement Property List:  Kenny, Karen, Arnie and Ted continue to work on this list and address the concerns.

NEW BUSINESS:

ARBOR DAY PROCLAMATION:  M by Volk, MS by Eckart to approve the Arbor Day Proclamation for May 16th.  Upon VV, MC.

SPECIAL EVENT PERMIT:  Relay for Life has requested a Special Event Permit for the closure of  8th Street from Alder Ave to the alley before Adams Ave on June 16th, 2017 from 4:00 PM to 1:00 AM.  They have requested to have a DJ on Lincoln Ave.  M by Weninger, MS by Volk to approve the request.  Upon VV, MC.  They also requested the City of Harvey support the American Cancer Society Relay for Life project of Painting the Town Purple to promote cancer awareness and gives the community the opportunity to fight back against cancer by decorating the town with Purple.  M by Eckart, MS by Volk to approve the Paint the Town Purple Proclamation for June 12- June 16.  Upon VV, MC.

APPOINT COMMITTEE MEMBERS: M by Volk, MS by Baltrusch, to accept the committee’s appointment of Jereme Buchmiller to the Airport Committee.  Upon VV, MC.  The council would like to thank Mark Demory for all his years of service to the airport committee. M by Baltrusch, MS by Knudtson, to accept the committee’s appointment of Daryl Flagen to the Planning & Zoning Committee.  Upon VV, MC.

DESIGNATE OFFICIAL NEWSPAPER:  M by Hoepfer, MS by Eckart to approve the Herald Press as the official newspaper.  Upon VV, MC. 

WORKPLACE SAFETY:  The council reviewed NDCC 62.1-02-05.

OFFICE HOURS:  Baltrusch addressed the council regarding the City Office Hours.  He feels it should be changed to Monday-Friday from 8:00 a.m. – 5:00 p.m.  The consensus of the council was to continue with the current hours and table it until the August Council Meeting. 

ORDINANCE #2017-01 CHANGE CHAPTER 6:  M by Volk, MS by Hoepfer to adopt First reading of the ordinance amendment for lot coverage and sidewalls that was presented to the council.  Upon VV, MC.

COMMITTEE REPORTS:

JDA MINUTES: Included in the packet.

AIRPORT MINUTES:  Included in the packet.

BOARD OF ADJUSTMENTS MINUTES:  Included in the packet.

POLICE COMMITTEE MINUTES:  Included in the packet.

___________________                                                      _____________________________

Ann Adams, Mayor                                                          Karen Nordby, Auditor

  

 

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