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Walsh County Press
Park River , North Dakota
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September 23, 2015     Walsh County Press
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WALSH COUNTY PRESS WEDNESDAY, SEPTEMBER 23, 2015 Page I I City Of Park River Regular Council Meeting CITY OF PARK RIVER, NORTH DAKOTA, REGULAR COUNCIL MEETING, MONDAY, AUGUST 10, 2015 AT 7:30 P.M. The City of Park River held their regular meeting of the Park River City Council on Monday, August 10, 2015 at 7:30 P.M. Mayor Stenvold called the meeting to order with the following present: Council members, Kyle Halvorson, Arvid Knutson, Robert "Bob" Lundquist III, Dwight Byron and Keith Anderson, City Coordinator Jolene Halldorson, City Attorney Tracy Laaveg, Public Works Director (PWD) Dennis Larson, and Auditor Ann Berg. Absent: Council member Mike Lorton. Others; Christopher Loewen, Lee Cudmore, Jon Markusen, and Dean Skjerven Anderson moved and Halvorson seconded to approve the minutes from the July 13, 2015 Regular Council meeting with the correction; "Under Ordinance 17.a The fire must be extinguished by midnight each night". Upon roll call vote, all voted aye. M/C. Lundquist moved and Knutson seconded to approve the minutes from the July 28, 2015 Special Council meeting. Upon roll call vote, all voted aye. M/C. Anderson moved and Byron seconded to approve the following bills for the General Fund and Municipal Utilities. Upon roll call vote, all voted aye. M/C. General Fund 28658 Hensel, Patricia 1,049.93 59 NDPERS 74.75 28660 Aflac 30.94 61 Discovery Benefits 77.00 62 NDPERS 71.13 63 PR Airport Authority 1,673.73 64 PR Park District 4,463.27 65 PR Public Library 1,673.73 66 NDPERS 1,111.32 67 Silters, Laaveg, & Wenzel 750.00 68 BC/BS of ND 1,685.85 69 Pete Kelly 150.00 28670 Jonathan Berg 150.00 71 Productivity Plus Acct 247.88 72 DFD Express Inc3,076.50 73 FU Service Assoc 42.00 74 Heartland Gas Co. 254.60 75 Jim's Super Valu 39.57 76 Leon's Bldg Center, Inc 228.39 77 Liberty Business Systems 49.75 78 Lon's Hardware 119.85 79 MDU 110.19 28680 Michael Kilmer Const 2,920.00 81 Northdale Oil, lnC 1,293.53 82 North Star Coop 923.47 83 Polar Communications 450.47 84 PR Airport Authority 12.77 85 PR Park District 9.82 86 PR Public Library 13.57 87 Quill Corporation 135.42 88 Glenn Rost 250.00 89 Special Funds 22.98 28690 US Bank Equip Finance 172.78 91 Walsh County Press 657.64 1674-1679 Salaries 2,186.97 AW Payroll Taxes 2,699.38 AW Municipal Utilities 5,775.56 AW ND ST Tax Commissioner 264.13 34,918.87 Municipal Utilities 32961 Hensel, Patricia 29.99 62 NDPERS 307.87 63 Postmaster 313.59 64 Aflac 483.10 65 Discovery Benefits 271.32 66 General Fund 5,775.56 67 Joint Powers Reserve 434.26 68 NDPERS 311.49 69 Water Treatment Fund 9,727.42 32970 NDPERS 4,516.24 71 BC/BS of ND 5,426.55 72 Advanced Engineering City or Park River Special Council Meeting CITY OF PARK RIVER, NORTH DAKOTA, SPECIAL COUNCIL MEETING, TUESDAY, JULY 28, 2015 AT 5:30 P.M. The City of Park River held a special meeting of the Park River City Council on Tuesday, July 28, 2015 at 5:30 P.M. to approve final financing resolutions for the North Star Addition projects. City Of Park River Public Hearing Mayor Stenvold called the meeting to order with the following present: Councilmen Lorton, Knutson, Byron, and Anderson, Public Works Director Larson, City Attorney Laaveg, City Coordinator Halldorson, and Auditor Berg. Absent Halvorson and Lundquist, 2,695.95 73 Airborne Custom Spraying 5,800.00 74 AmeriPride Services, Inc 138.84 75 Aqua-Pure Inc.2,009.75 76 Bank of North Dakota 30,400.00 77 Bank of North Dakota 44,985.00 78 Bank of North Dakota 35,437.50 79 Border States Electric 4,382.92 32980 Butler Machinery Co 496.63 81 City of Fargo 28.00 82 Consolidated Waste 16,826.80 83 Dakota Supply Group 916.89 84 Ethanol Products, LLC 835.82 85 Graymont (Wl) LLC 5,383.76 86 Hawkins Inc 934.32 87 Dan Hotdvogt 44.31 88 Penny Holsinger 37.17 89 Lagoon Maintenance 1,734.05 32990 Light & Water Dept 2,339.98 91 Lindell's Mowing 500.00 92 Lon's Hardware115.83 93 Michael Kilmer Const 4,500.00 94 Municipal Utilities 484.97 95 ND One Call Inc. 28.60 96 ND Sewage Pump Lift Station 556.00 97 NDPERS 17.75 98 Northdale Oil, Inc 205.37 99 North Star Coop 543.68 33000 Armidia Palafox 33.55 1 Polar Communications 156.67 2 Quill Corporation 9.77 3 Sensus USA 414.41 4 Sillers, Laaveg, & Wenzel 104.90 5 Simmons Multimedia USA 41.00 6 Terex Services38.86 7 Thatcher Company of Montana 8,756.00 8 Water Bond Fund 05 4,830.00 9 Water Rev Bd Fd Phase II 3,450.00 33010 Water Sur-Charge Fund 5,000.00 11 Water System Repr & Replc 1,500.00 12 Water Tower Fund 11,206.50 13 Water Treatment Fund 11,301.35 14 Ye Olde Medicine Center 59.08 7380-7408 Salaries 26,588.30 AW Payroll Taxes 7,873.73 AW NMPA 133,270.75 AW First United Bank ACH Chg 12.50 AW ND ST Tax Commissioner 993.93 AW Job Service ND 90.77 405,709.35 Knutson moved and Halvorson seconded to approve payment of the following checks for Special Funds, Project invoices and the transfer of $55,000 from the Lagoon Maintenance Fund to the Water Tower Fund for debt service. Upon roll call vote, all voted aye. M/C. Special Funds AW Main Street Checks 42.24 3446 Hospital Bond Fund 21,897.64 3447 First United Bank 75,000.00 3448 First United Bank 22,481.37 119,421.25 125th-City of Park River 23 Rodney Byron 100.00 24 Northdale Oil Inc 48.97 148.97 Water & Sewer Improve Dist 2012-1 1017 PR Economic Dev Corp 278,574.83 1018 PR Economic Dev Corp 13,000.00 291,574.83 St Improvement Dist #2012-1 5024 First United Bank 4,373.75 5025 Ann Berg 5.95 5026 PR Economic Dev Corp 30,075.00 5027 Sillers, Laaveg & Wenzel 45.00 5028 WC Press 19.68 IMPROVEMENT WARRANT ON STREET IMPROVEMENT DISTRICT NO. 2012-2 FUND (Entire Resolution May Be Viewed At The Auditor's Office or On City Website) Byron moved and Lorton seconded the following resolution. Upon roll call vote all voted aye. M/C. RESOLUTION AUTHORIZING THE ISSUANCE OF $125,000 REFUNDING IMPROVEMENT BONDS, SERIES 2015A, PRESCRIBING THE TERMS AND COVENANTS THEREOF, AND CREATING A FUND FOR THE PAYMENT THEREOF (Entire Resolution May Be Viewed At The Auditor's Office or On City Website) Knutson moved and Anderson seconded to approve the followingAnderson moved and Lorton resolution. Upon roll call vote all present seconded to approve the following voted aye. M/C. resolution. Upon roll call vote all present voted aye. M/C. RESOLUTION AUTHORIZING THE ISSUANCE OF A DEFINITIVE RESOLUTION AUTHORIZING THE Notice to Creditors Notice to Creditors IN THE DISTRICT COURT OF WALSHtheir claims within three (3) months after COUNTY, NORTH DAKOTA the date of the first publication of this notice or said claims will be forever IN THE MATTER OF THE ESTATE OFbarred. Claims must either be presented MARIE E. JENSEN, DECEASED to Yolanda Syrup, Personal PROBATE NO. 50-2015-PR-00066 Representative of the estate, at c/o Sillers, Laaveg & Wenzel, PO Box 127, NOTICE TO CREDITORS Park River, ND 58270 or filed with the court. NOTICE IS HEREBY GIVEN that the Dated this 31 day of August, 2015. undersigned has been appointed personal representative of the above estate. All persons having claims against the said deoeased are required to present Sillers, Laaveg & Wenzel 34,519.38 St Improvement Dist #2013-1 3025 City of Park River 27,410.70 3026 Red River Reg Council 26,990.44 3027 WC JDA 23,983.95 3028 City of Grafton 13,705.35 3029 Polar Communications 11,052.72 3030 City of Park River 1,016.84 104,160.00 Water Tower Fund 10047 Advanced Engineering 23,817.65 10048 Maguire iron, Inc 108,509.81 10049 US Bank 93,131.25 225,458.71 Lundquist moved and Anderson seconded to approve the transfer of the American Legion liquor license for the following events; 8-21-15 to Coliseum for Yager/Rost wedding, 9-12-15 to Coliseum for Horsley/Koenig wedding, 9-18-15 to Coliseum for the FCHC Harvest Fest. Upon roll call vote, all voted aye. M/C. The Employee Relations Committee is recommending to the Council to pay newly appointed building inspector Peter Kelly $40 per hour for inspection work. Knutson moved and Halvorson seconded to pay Peter Kelly $40 per hour as building inspector and review the position in six months. Upon roll call vote, all voted aye. M/C. Council member Lorton arrived at 8:47 PM. PWD Larson updated the Council on the water tower project progress. The tower is filled with water and is on-line. The old water tower will be taken down within the next two weeks. The new tower increased water pressure in the City by about ten percent. Substantial completion requests have been received from Naastad Bros, Inc and Knife River Materials. The water tower project engineering company, Advanced Engineering, recommends signing the substantial completion forms. The City also received word the State Water Commission approved an additional fifteen percent, approximately $465,000., in funding for the project. CITY OF PARK RIVER, NORTH DAKOTA RESOLUTION CREATING AND DEFINING THE BOUNDARIES FOR WATER AND SEWER IMPROVEMENT DISTRICT NO. 2015-1 BE IT RESOLVED by the City Council of the City of Park River, North Dakota District in amounts proportionate to and not exceeding the benefits derived from the improvement. The City Auditor, City Attorney, Mayor and other officers designated by the City are authorized to coordinate the project and provide for financing the cost thereof with KLJ, Inc (engineer), Arntson, Stewart & Wegner PC (bond Counsel) and First United Bank (financialadvisor). Dated and adopted this 10th day of August, 2015 Dan Stenvold, Mayor Attest: Ann Berg, City Auditor The governing body of the political subdivision acted on the foregoing resolution on August 10th, 2015 as follows: Adoption moved by Halvorson and seconded by Anderson. Roll call vote: "Aye" Lorton, Halvorson, Knutson, Lundquist, Byron & Anderson building purchase and remodeling in the amount of $81,047.46. A debt was created to track this transfer. Recommendation is to forgive this debt. 3. Close out Hospital Sales Tax Savings Account: '05 tax revenue funds have been transferred into both checking and savings accounts for the '05 Sales taxes collected. Recommendation is to transfer balance of savings account $155,510.02 into the checking account for the same line item (241) and close out the savings account. 4. Close out Estate Tax Fund Savings Account: In the past, funds from an estate tax were transferred into a savings account. The balance in this account is currently $323.44. Estate taxes are now collected by the state, so no further isolation of these funds is necessary. Recommendation is to transfer this balance into the general fund and close the Estate Tax Fund savings account (248) "Nay" None Absent: None 5. Close out Water Treatment Abstain: None Maintenance Fund Savings Account: After the vote, the Mayor declared theFunds were transferred into a Water resolution adopted. Treatment Maintenance Fund Savings account (625) in the past. The current Laaveg presented the lagoon hay land balance in this account is $32,331.99. farm lease to the Council. Marlin and Recommendation is to transfer these Christopher Loewen received the contract funds into the Water Systems Repair & for four years on a per bale price and Replacement Fund Savings Account were required to cultivate and re-seed the (632) and close our Water Treatment land during the first and the last, fourth, Maintenance Fund Savings Account year of the lease. Laaveg spoke with WC (625) Extension Agent Brad Brummond, about current rents for hay land and, is 6. Close outLagoonMaintenance recommending a flat rate be set that is Fund Savings account: agreeable to both parties. M. Loewen Lagoon Maintenance Fund Savings informed the Council that they have only Account (610) currently has a balance of had three years of production on the land $191,686.52. Recommendation is to and the alfalfa planted is just starting to transfer this balance to Municipal Utilities mature and produce well. Prior year's Sewer Fund (603) and close out savings production rent was $156.00 and $140.00 account. but Loewen felt this year's and next year's production should be doubled and offered 7. Combine Lagoon and Sewer a flat rate of $400 per year. Laaveg and Lagoon Maintenance Fund checking recommended extending Loewen's lease accounts: for an additional two years. Lundquist Currently there are separate accounts moved and Byron seconded to extend for Sewer Maintenance (603) and Lagoon Loewen's farm lease on the lagoon hay Maintenance (610). Recommendation is land for an additional two years and to combine them into the Sewer and charge $400 rent per year. Upon roll call Lagoon Maintenance Fund (603) vote, all voted aye. M/C. 8. Transfer 125th funds into Lee Cudmore of the Kensington general fund and create line items for Township Board appeared and asked Community Celebration: when road maintenance would be done Currently the 125th Celebration has a on 135th Ave NE gravel where the separate checking account (232) with a pavement ends extending to the Rushford balance of $2,029.27. Recommendation Township line. Council was under the is to transfer these funds into the general impression that maintenance of the paved fund and set up line items in general fund for community celebration revenue and expense. (the"City") as follows: portion of the road was the City's ........ responsibilityPWD Larson was 1 There is nereoy created vva~er . , " ........ nstructed to replace the gravel that was and ~ewer mprovemem u~smct No. 'w h ...... as eo away eanter mJs summer 2015-1 (the "District") of the city, pursuant to and for the purpose of making an improvement of the type specified in City Administration would like to form North Dakota Century Code Chapter 40- a Public Works sub-committee to search 22, to consist of, but not be limited to, the for ways to fund the infrastructure costs construction and installation of Water and for the Water and Sewer Improvement District #2015-1. Mayor Stenvold will Sewer infrastructure within the 80 acre Industrial Park and the acquisition of any chair the sub-committee and appointed necessary rights-of-way in connection the following; City Attorney Laaveg, PWD therewith, as well as all other items of Larson, City Coordinator Halldorson, work and materials which are necessary Auditor Berg, Council member Lundquist, or reasonably incidental to the completion Steve Rehovsky, Jon Markusen, Leon of the improvement; the improvement to Schmitz, and Daryl Larson. be made in accordance with the plans and specifications. CITY OF PARK RIVER, NORTH 2. The District, as herein DAKOTA described, is of such size and form as to include all properties which in the RESOLUTION REGARDING judgment of this governing body, after TRANSFER OF FUNDS AND CLOSING consultation with the engineer planning OF ACCOUNTS the improvement, will be benefitted by all or a portion of the improvement. The BE IT RESOLVED by the District shall include the lots, tracts and governing body of the City of Park River, parcels of land situated within the North Dakota, pursuant to a Corporate Limits of the City of Park River, recommendation by the City Auditor, that North Dakota, and shown on the map the following transfers and allowances be attached hereto as Attachment 1, and made between the different funds held by with the legal description of the area the City of Park River as follows: being set for on Attachment 2 hereto. 3. The cost of the improvement, or a portion thereof, as may be determined from time to time by this governing body in its resolutions or ordinances, shall be paid by special assessments assessed against lots, tracts and parcels of land within the ISSUANCE OF $760,000 TAX INCREMENT REVENUE BONDS, SERIES 2015, PRESCRIBING THE TERMS AND COVENANTS THEREOF, AND CREATING A FUND FOR THE PAYMENT THEREOF (Entire Resolution May Be Viewed At The Auditor's Office or On City Website) Being no further business, Lundquist moved and Byron seconded to adjourn the meeting at 5:45 PM. Dan Stenvold, Mayor ATTEST: Ann Berg, City Auditor (Sept. 23, 2015) 1. Close out Water Supply Improvement fund (Line Item #628): Currently, the water Supply improvement Fund (628) owes $125,510.03 to the Municipal Utilities Water Fund (601). The balance in the Water Supply Improvement Fund (628) is $10,024.84. Recommendation is to transfer balance from Water Supply Improvement Fund (628) to Municipal Utilities Water Fund (601) and close Water Supply Improvement Fund (628). Balance remaining on the debt to the Municipal Utilities fund (601) in the amount of $115,485.19 should be forgiven. 2. Forgive debt from General fund to Municipal Utilities Water Fund: Funds were previously transferred from the Municipal Utilities Water Fund (601) to the General Fund (101) for off CITY OF PARK RIVER, NORTH DAKOTA, PUBLIC HEARING, MONDAY, AUGUST 10,2015 AT 5:15 PM. Mayor Stenvold called the meeting to order stating the purpose was to conduct a Public Hearing to allow the public a chance to comment on or protest the proposed annexation of the Green Acres Addition. Present: Council members IN THE DISTRICT COURT OF WALSH COUNTY, NORTH DAKOTA IN THE MATTER OF THE ESTATE OF OLIVER ROSALES CANTU, JR., DECEASED PROBATE NO. 50-2015-PR-00063 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against Attorneys at Law By: Tracy L. Laaveg, PC Attorney ID #5839 104 4th St. W. PO Box 127 Park River, ND 58270 Telephone: (701) 284 6300 Fax: (701) 284-6306 service@slwlawyers.com Attorney for the Petitioner tower is located and putting a parking lot on the site. Upon discussion it was decided to deny the request and keep the land for maintenance of the water tower. (Sept. 9, 16, 23, 2015) Lundquist mentioned the possibility of forming a Fourth of July committee, rather than rely on one or two people or organizations, to plan and implement all activities. This year's scavenger hunt was very well received, but when activities are repeated yearly people tend to lose interest. New ideas are welcome and could be implemented into the celebration. Council members Halvorson and Lundquist with city employees D. Larson, Halldorson, Hensel and Berg and resident/business owner Jason Lindell have stepped forward to sit on and help organize the committee/event. The Park River Community Club and PR Volunteer Fire Dept will continue to help with activities and fireworks with PR Implement sponsoring the pedal tractor pull event. The committee is looking for volunteers to help turn Park River into "the" July 4th destination. A notice will be published in the paper seeking volunteers. Halldorson is asking the Council for permission to solicit bids for having an independent assessing company evaluate all buildings/properties in the City. This year Walsh County Tax Director Mary Wild needed to add a 10% across the board increase to the assessed values in the City of Park River to be in compliance with state regulations. Most properties in the City have not had assessment visits since the early 1980's and homes have been remodeled and have not been brought up to date. The Council was concerned about the cost of the proposed assessments. Laaveg informed the Council that if the bids are found to be unfavorable, the Council has the right to refuse all bids submitted. Council granted permission to advertise for bids as requested. Halldorson reported that the City has been approached by Northdale Oil, Inc about purchasing the 20' wide lot north of the dairy queen property. Upon researching the property she found that the City only owns the south 10' and notified Northdale Oil, Inc. of the findings Some residents have expressed concern about people walking their dogs on the bike path and not picking up feces left by their dog. The Bike Path Ordinance 25.b currently states that no animals are allowed on the bike path. Stenvold questioned if the feces were actually from dogs and not coyotes or other wild animals. Ordinances are currently in the process of revision and Laaveg recommended changing the ordinance to allow leashed dogs on the 9. Balance Municil~al Utilities bike paths. Halvorson suggested adding Water and Electrical funds: "~t~ ~ ~ "r" ,~"~b~'~d~'l~ t(~ Green Acres Addition. No For many years, expenses were paid action was taken at this time. from the MU Water fund (601) rather than the MU Electrical fund (602), resulting in a Residents bordering the alley between negative balance of ($607,019.21) in the Hobbs St W and 401 Hill Ave N are asking MU Water Fund (601) and a surplus the City to change the alley into a green balance of $792,732.56 in the MU space and slope it for drainage. Laaveg Electrical fund (602). When the joint stated there are procedures in place for venture agreement began with the Walsh vacating an alley or street and the first Rural Water District, all expenses are now step is for the residents to file a legal required to be transferred to the direct petition signed by all property owners, account. Recommendation is to offset adjoining the plat to be vacated. The balances on two accounts, so account petition needs to set forth the reason for balances two accounts will be equal as of the vacation and be accompanied by a December 31, 2014. Result will be that plat and shall be verified by oath of at MU Water Fund (601) will have a balance least one of the petitioners, i.e. notarized. of $92,856.67 and MU Electrical Fund Once the City Auditor has determined that (602) will have a balance of $92,856.68. the petition meets the ND Century Code it will be published for four consecutive Dated and adopted this 10th weeks after which a public hearing would day of August, 2015 need to take place. If the alley is vacated the property owners will be responsible for changing the alley into a green space CITY OF PARK RIVER, along with the upkeep, but the City would NORTH DAKOTA retain easement for utilities located in the alley. PWD Larson stated there are 2 water mains located in the alley; a 10" line Mayor from Homme Dam and a 12" line from the ATTEST: wells and probably phone and natural gas lines as well. Lundquist recommended having the Street Committee meet with all City Auditor property owners and bring a recommendation to the Council in The governing body of the September. political subdivision acted on the foregoing resolution on August 10th, 2015 as follows: Adoption moved by Lundquist. Seconded by Lorton. Being no further business, the meeting adjourned at 8:55 PM. Roll call vote: "Aye" Lorton, Halvorson, Knutson, Lundquist, Byron & Anderson "Nay" None Absent: None Abstain: None \ After the vote, the Mayor declared the resolution adopted. Dan Stenvold, Mayor ATTEST: Ann Berg, City Auditor The Park River Area School District #8 has approached the City about purchasing the land where the old water (Sept. 23, 2015) Halvorson, Knutson, Lundquist, Byron, Anderson, City Attorney Laaveg, Public Works Director Larson, City Coordinator Halldorson, and Auditor Berg. Absent; Council member Lorton Since no one was present to object, Mayor Stenvold closed the Public Hearing. Dan Stenvold, Mayor ATTEST: There being no further business, the meeting was adjourned at 5:29 pm. Ann Berg, Auditor (Sept. 23, 2015) the said deceased are required to present their claims within three (3) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Jerry Barta, Personal Representative of the estate, in care of Sillers, Laaveg & Wenzel, PO Box 127, Park River 58270 or filed with the court. Dated this 31 day of August, 2015. Attorneys at Law By: Tracy L. Laaveg, PC Attorney ID #5839 104 4th St. W. PO Box 127 Park River, ND 58270 Telephone: (701) 284 6300 Fax: (701) 284-6306 service @slwlawyers.com Attorney for the Petitioner ,Sillers, Laaveg & Wenzel (Sept. 9, 16, 2~ 2015)