City of Cando
PO Box 396
Cando, ND 58324
701-968-3632

Cando City Council Minutes

08-06-2007

The Cando City Council met August 6, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Brehm, seconded by Councilor Moore to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                               5.  Old Business                  

2.  Agenda                                                             6.  New Business                 

3.  Minutes                                                            7.  General Committee         

4.  Visitors and Delegations                               8.  Bills  

Minutes from the previous meeting were approved as read.

A citizen approached the council to purchase a City owned lot on 6th Ave. for the purpose of parking boats and trailers.  The council agreed to consider the purchase if the citizen would also purchase the vacant house next to the lot when and if it becomes available.  PWS Duane Holien reported on the progress of street patching.  He also reported on water production.

Building permits to Donavon Rieder and Jeff Teubner as well as a demo permit to J.R. Gibbens were acknowledged.  The finance committee presented a preliminary 2008 budget to the council and budget issues were discussed. 

Councilor Moore stated that he had inquiries about the 125th celebration.  Councilor Kennedy had a request from a citizen to add another evening to the free clean up week.  The council decided to add Wednesday evening to the regular dump ground schedule during that week only.  Auditor Morlock informed the council of an upcoming League of Cities convention.  Several council members were interested in attending.  The results of a survey taken of new residents by the TCEDC were presented to the council.

Motion by Councilor Moore, seconded by Councilor Scott to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock

City Auditor

08-20-2007

The Cando City Council met August 20, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Brehm, seconded by Councilor Shock to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                                               5.  Old Business                                   9.  Bills

2.  Agenda                                                                             6.  New Business

3.  Minutes                                                                            7.  Financial Report

4.  Visitors and Delegations                                               8.  General Committee

Minutes from the previous meeting were approved as read.

The last chapter of the ordinance manual, Chapter 6 – Zoning was presented to the Council.  The council discussed the issue of the sale of empty lots.  Motion by Councilor Brehm, seconded by Councilor Kennedy to accept the recommended changes of the planning & zoning committee and submit this version of Chapter 6 to the City Attorney.  All councilors voted aye.  Motion carried.  The City Attorney will review all chapters and the entire manual will be presented to the City Council for approval at which time all ordinances will become effective.  2008 budget issues were discussed.  Motion by Councilor Shock, seconded by Councilor Kennedy to set the meeting to adopt the final budget at the regular September 17th council meeting.  Upon roll call vote, all councilors voted aye. Motion carried.

Building Permits for Merwyn Johnson and Larry Larson were acknowledged.  Mr. Larson’s permit was referred to the planning & zoning committee for issues related to rezoning.

A financial report was given by Auditor Morlock.  Garbage rates were discussed at length.  The garbage fund is still negative and the city can’t continue to lose money on garbage collection.

Councilor Moore brought up the need for the City to repair falling bricks on its own property.  Councilor Scott said he had received complaints on police officers not stopping at stop signs on the way to a fire.  Councilor Brehm reported on the police commission meeting.  He also stated the Langdon Rural Water was interested in purchasing additional water from the City and that the catch basin at the lagoon needs to be fixed.

Motion by Councilor Kennedy, seconded by Councilor Scott to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock

City Auditor

09-04-2007

The Cando City Council met September 4, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Kennedy seconded by Councilor Shock to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                      5.  Old Business

2.  Agenda                                                     6.  New Business                 

3.  Minutes                                                   7.  GeneralCommitee                         

4.  Visitors and Delegations                               8.  Bills               

Minutes from the previous meeting were approved as read.

A citizen appeared before the council to protest incorrect garbage charges for several prior years.  The council agreed there was an error and to look into the matter further.  A representative was on hand from the Shade Tree Committee to notify the council of their Arbor Day Plans.  The representative also inquired about the Dave Osborn sign and a discussion was held concerning the sign. 

Leading into discussion of the preliminary budget, Auditor Morlock disclosed the large amount of uncollected taxes and the effect it was having on the budget.  She also indicated a resolution was needed in order to move forward with obtaining a mill levy for economic development.  Motion by Councilor Brehm, seconded by Councilor Kennedy to move forward with the resolution and public hearing as required.  Upon roll call vote Councilors Brehm, Scott, Shock, Moore and Kennedy voted aye.  Councilor Mundahl voted nay.  Motion carried.  A building permit for Jeff Farbo was acknowledged.

Councilor Mundahl discussed the Audi elevator project and that they were seriously considering installing a chair lift instead of an elevator.  Councilor Scott expressed his concern over a part time officer that was hired.  The topic of drug testing was re-addressed and the council decided to pursue the drug testing of city employees.  Notes from PWS Holien were read on issues pertaining to the Public Works and Water Departments.

Motion by Councilor Shock, seconded by Councilor Scott to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock

City Auditor

09-17-2007

The Cando City Council met Monday September 17, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Brehm, seconded by Councilor Moore to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                  5.  Old Business                      9. Bills

2.  Agenda                                                  6.  New Business 

3.  Minutes                                                  7.  Financial Report             

4.  Visitors and Delegations                            8.  General Committee                     

Minutes from the previous meeting were approved as read.

A credit on an over billing of garbage service to a citizen was further discussed.  An amount was agreed upon.  Councilor Mundahl brought to the City Council the planning and zoning committee’s recommendation to go forward with the rezoning of the area around Houtcooper from residential to commercial.  Motion by Councilor Moore, seconded by Councilor Scott to go forward with the proposed zoning changes and hold a public hearing as required.  All councilors voted aye.  Motion carried.  Building permits for Richard Noyes and Kerry Moore were acknowledged. 

A financial report was given by Auditor Morlock with emphasis being placed on the garbage fund.  The finance committee is scheduled to meet with Waste Management.  After the meeting, decisions will be made regarding the garbage fund.

Mayor Gibbens proclaimed the weekend of July 4, 2009 to be the date of the 125th celebration of Cando.  Plans are under way for activities.  Chairpersons for committees are needed.

The library board was discussed.  Amy Borstad has taken Marie Wolsky’s place on the board.  Councilor Mundahl has served his term limit so another City representative is needed.  The Mayor will make an appointment after visiting with possible candidates.  Councilor Scott stated that the garage on 6th street that needed to be condemned was again brought to his attention.  The council had consulted the City Attorney on this matter and was told to wait until October to see if the year five taxes were paid.  Mayor Gibbens, Councilor Moore and Councilor Brehm then gave a report on their recent trip to the League of Cities convention.  2006 uncollected taxes were discussed.

Motion by Councilor Kennedy, seconded by Councilor Brehm to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock

City Auditor

10-01-2007

The Cando City Council met October 1, 2007 with Council President Mark Brehm presiding and Councilors Mundahl, Scott, Kennedy, Shock, and Moore present.  Mayor Gibbens was absent.

Motion by Councilor Kennedy, seconded by Councilor Scott to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                               5.  Old Business  

2.  Agenda                                                             6.  New Business 

3.  Minutes                                                            7.  General Committee         

4.  Visitors and Delegations                               8.  Bills              

Minutes from the previous meeting were approved as read.

The Library Board appeared before the council and asked them to reconsider their decision to cut funding to the Library.  They said without the funding the Library would run out of money in May of 2008.  The council informed the Library Board that Mayor Gibbens had appointed himself as the City representative to the Library Board to try to help them with their financial situation.  A citizen appeared to ask that a pot hole on his street be repaired and that the flag at City Hall be flown. Court fees for the 3rd quarter were acknowledged. 

For old business, Councilor Shock stated that he had conferred with previous auditor Armey about the citizen who was overcharged for garbage.  Mr. Armey clarified that the situation had been properly handled at the time and there was no intentional overcharging of the citizen.

Motion by Councilor Moore, seconded by Councilor Kennedy to deny building permit #2007-22 to RJ Miller as per recommendation by the planning and zoning committee. All councilors voted aye.  Motion carried.  Building permit #2007-23 to Larry Hoffert was acknowledged.  The council discussed the demolition of a house in which no permit was obtained.  It was decided to send building inspector Weippert to obtain a permit and make sure water and sewer lines were properly capped.

Councilor Moore received a complaint on dogs left on abandoned property.  The issue was referred to the police department.  He also reported on the Towner County emergency meeting.  Councilor Scott reported on a complaint of an abandoned car.  The issue was referred to the police department.  Councilor Mundahl expressed his concern on the financial condition of the Library.  Auditor Morlock reported that the base rates for water, sewer, and garbage in Rolla were $62.00.  Cando’s base rate for residents is $33.95.  She also reminded the council of the special meeting on October 9, 2007 to decide the mill levy for the TCEDC and to adopt the final budget.

Motion by Councilor Mundahl, seconded by Councilor Scott to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion

Joni M. Morlock

City Auditor

10-09-2007 Special

The Cando City Council met October 9, 2007 in a special session with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Shock, and Moore present.  Councilor Kennedy was absent.

Motion by Councilor Brehm, seconded by Councilor Shock to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                                             
2.  Agenda           
3.  Public Hearing for Job Development Authority                                    
4.  Final Approval of 2008 Budget                                                   

Several people were on hand for the public hearing.  Members of the TCEDC were present to express their concerns which included efforts to maintain the current tax base must be kept up or the people left behind will bear a bigger burden in trying to maintain services.  The members also stated that we are one of very few counties without mill levy or sales tax funding in place for economic development.  Citizens then appeared to state that although they are not against economic development, perhaps the people should be allowed to decide by vote to fund or not to fund economic development.  Several councilors stated that this concern was also expressed by people who had contacted them.  The meeting was then turned over to the City Council for a lengthy discussion.  Councilor Moore had requests to put the matter to a vote, but felt a special vote at this time would not be cost effective.  Councilor Mundahl expressed the importance of economic development, but with rising costs and its effect on the retired people of the community, he was not in favor of burdening the taxpayer further with an increased mill levy.  Councilor Brehm then expressed his concerns of not having an economic development committee.  He was not ready to give up and not continue to try to attract business to the area for fear of the town drying up and the burden of trying to provide services falling on yet a smaller tax base.  Councilor Scott has personally benefited from the work of the TCEDC through his business.  He too felt we need to continue to try to attract new business to the area. Councilor Shock also felt that it would be a lose-lose situation to discontinue trying to attract new business to the area as taxpayers would eventually be forced to pay higher taxes to make up for the declining tax base.  Mayor Gibbens felt it was in the best interest of the community to levy the tax.  The matter was then put to a vote. 

Motion by Councilor Moore, seconded by Councilor Brehm to create a mill levy for the purpose of job development and to direct the mills to the TCEDC.  Upon roll call vote, councilors Brehm, Moore, Shock, and Scott voted aye.  Councilor Mundahl voted nay.  Motion passed.

Members from the Library Board were present to appeal to the board one last time before the budget was approved to please try to allocate funding to the Library in 2008.  After another lengthy discussion, the Council reaffirmed its decision to balance the 2008 budget and keep its spending within the confines of revenue received.  The council did state that if additional delinquent taxes or other revenue was received they would be open to funding the Library.  The Library should check on a quarterly basis to see if this was possible.

Motion by Councilor Scott, seconded by Councilor Moore to approve the 2008 budget as submitted.  Upon roll call vote, all councilors voted aye.  Motion carried.  Motion by Councilor Brehm, seconded by Councilor Shock to present County Auditor Kent Haugen a Certificate of Levy to levy taxes in the amount of $156,600.  Upon roll call vote, all councilors voted aye.  Motion carried.

 The meeting adjourned by motion.

Joni M. Morlock
City Auditor

10-15-2007

The Cando City Council met October 15, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Brehm, seconded by Councilor Scott to approve the agenda, all voted aye, and motion carried.

1.  Pledge                          5.  Visitors and Delegations               8.  Financial Report

2.  Agenda              6.  Old Business                                   9.  General Committee

3.  Minutes                            7.  New Business                               10.  Bills

4.  Public Hearing on Change and Modification Zoning Request                                

Minutes from the previous meetings were approved as read.

The public hearing for the change and modification of the rezoning the area surrounding Houtcooper Implement was held.  There were no protests.  Motion by Councilor Kennedy, seconded by Councilor Brehm to accept the zoning changes as requested by Mr. Larson.  Upon roll call vote, all councilors voted aye.  Motion passed.

City Forester Tom Weippert appeared before the council to update them on the removal of a spruce tree row.  He also informed the council of the Shade Tree Committees efforts to raise money for this project.  Fundraising will include serving at an auction and putting together a cookbook that will be for sale to the public.

Motion by Councilor Moore, seconded by Councilor Kennedy to approve an application for an off-premise liquor license to Douglas Braaten for the Duck Daze event at the Armory.  All councilors voted aye.  Motion carried.

Motion by Councilor Shock, seconded by Councilor Scott to approve charitable gaming permit #2007-05 to the CYO organization.  All councilors voted aye.  Motion carried.

Motion by Councilor Shock, seconded by Councilor Scott to approve a resolution for a depository account for the Langdon Rural Water District/City of Cando funds.  All councilors voted aye.  Motion carried.

A financial report was given by auditor Morlock at which time another lengthy discussion was held regarding the garbage fund.  There is a financial obligation regarding the landfill which is not being met with the 2008 budget.  The council agreed that the funds need to be collected but disagreed on the collection method.  The matter was tabled until the next meeting.  Councilor Brehm gave a report on the police commission meeting.  He also stated that complaints had been received on dust from the elevator.  A letter would be sent to the elevator in regards to this matter. Councilor Brehm also gave a report from PWS Holien on sewer maintenance.  Councilor Shock relayed complaints he had received on sewage backup as the result of a plugged sewer pipe.  Councilor Kennedy directed safety inspector Moore to a residence in town which was in need of clean up.  Safety inspector Moore would take pictures and send the resident notice.  Councilor Moore stated that the dogs and vehicle complaints of the prior meeting still had not been taken care of.  The Mayor ordered the vehicle to be towed.

Mayor Gibbens declared the meeting time of the City Council be 7:00 p.m. effective the first meeting in November until further notice.

Motion by Councilor Kennedy, seconded by Councilor Shock to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock
City Auditor

11-05-2007

The Cando City Council met November 5, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Scott, Shock, and Moore present.  Councilors Brehm and Kennedy were absent.

Motion by Councilor Shock, seconded by Councilor Scott to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                                            5.  Old Business  

2.  Agenda                                                                          6.  New Business

3.  Minutes                                                                          7.  General Committee

4.  Visitors and Delegations                                               8.  Bills           

Minutes from the previous meeting were approved as read.

PWS Duane Holien was on hand to discuss the issues of the Street and Water Departments.  He discussed maintenance issues concerning the lift stations.  He also stated that the water plant had sold 2.5 million gallons of water to LRWD in October.  Mr. Holien expressed his concern with people leaving for the winter and not shutting the water off at the curb.  He also updated the council on the crack sealing project and talked briefly about snow removal help.

Motion by Councilor Moore, seconded by Councilor Shock to place Ordinance No. 07-01 relating to the adoption of the revised ordinance manual on 1st reading, all voted aye, motion carried.  The garbage fund was discussed.  Waste Management will meet with the finance committee in November and have a final proposal in December which will become effective January 1, 2008.  The goal of the council and the auditor is to have the garbage fund running in the black in 2008.  Salary increases and decreases for 2008 were proposed.  These increases and decreases were proposed by the finance committee at budget time but need to be approved in order to be effective.  The matter was tabled to give the council time to go over the proposal.

Councilor Moore discussed the possibility of the council using an official complaint form which would require a signature from the person making the complaint, the person receiving the complaint and the action taken to rectify the complaint.  The council felt this would be a positive move towards making sure all complaints were handled properly.  Councilor Moore also discussed discrepancies between what constituted a nuisance vehicle or trailer.  He also reported on Halloween vandalism.

Motion by Councilor Mundahl, seconded by Councilor Moore to approve MedQuest’s bid of $39,357 to install the chairlift in the Audi building.  A discussion took place with Councilor Mundahl explaining to the council that the grant would cover 80% of the cost and the City or Audi Board would have to come up with the other 20% ($8,000-$10,000) through either fund raising or loans.  Councilor Mundahl also stated there were concerns with certain areas being too narrow after installation and they were meeting with the fire marshal to discuss the issue.  The council voted unanimously to approve the motion.  Motion carried.

Mayor Gibbens inquired about the progress of the Cando signs.  Councilor Scott informed the council that the Horizons beautification committee was working on the removal and replacement of the signs.  Mayor Gibbens stated that he had received a letter from the ND Humanities Council to apply to have a Smithsonian exhibit displayed in Cando.  The council was wondering if this would be something the Pioneer Foundation would be interested in sponsoring during the 125th celebration.  The Mayer stated he would attend the next Pioneer Foundation meeting.

Motion by Councilor Shock, seconded by Councilor Mundahl to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock
City Auditor

11-19-2007

The Cando City Council met November 19, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Mundahl, seconded by Councilor Scott to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                               5.  Old Business                                  

2.  Agenda                                             6.  New Business                 

3.  Minutes                                            7.  Financial Report                             

4.  Visitors and Delegations               8.  General Committee       9. Bills                           

Minutes from the previous meeting were approved as read.

A citizen appeared before the council to ask for a reduction of landfill fees for the removal of an old house and trees.

Motion by Councilor Brehm, seconded by Councilor Kennedy to reduce the fees for the removal of the house but not the trees.  All councilor voted aye.  Motion carried.

Motion by Councilor Moore, seconded by Councilor Kennedy to approve the Petitions to vacate the streets and alleys around Houtcooper Implement and Cando School and to order the Petitions be filed with the City Auditor.  All councilors voted aye.  Motion carried.  There will be a public hearing on January 7, 2008 at 7:00 p.m. at City Hall to hear any protests regarding the vacating of these areas.

Motion by Councilor Brehm, seconded by Councilor Shock to approve the 2nd reading of Ordinance No. 07-01 to enact the 2007 revised ordinances of the City of Cando, consisting of Chapters 1-20.  Upon roll call vote, all councilors voted aye.  Motion carried.

Motion by Councilor Mundahl, seconded by Councilor Moore to not accept the finance committees recommendation and retain the salaries of the Mayor, Council and Forester and to accept the recommendation of the finance committees proposal regarding increases to the salaries of the City employees.  Upon roll call vote, councilors Brehm, Moore, Shock, Mundahl and Scott voted aye.  Councilor Kennedy voted nay.  Motion carried.

Motion by Councilor Kennedy, seconded by Councilor Scott to approve the lease to purchase a 2008 Chevrolet Impala police car.  Upon roll call vote all councilors voted aye.  Motion carried.

The City Auditor gave a favorable financial report saying the sales tax in the last two months had far exceeded her projections. 

Councilor Moore stated he had a request to rent the fairgrounds for an auction.  Motion by Councilor Shock, seconded by Councilor Brehm to charge $500 for the event with $150 going to the campground.  Upon roll call vote all councilors voted aye.  Motion carried.  Councilor Moore also stated that he had received several concerns about boulders being placed in an area where a permit for a fence had been denied.  After considerable discussion, the council agreed to not pursue the issue.

Motion by Councilor Shock, seconded by Councilor Kennedy to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock
City Auditor

12-03-2007

The Cando City Council met December 3, 2007 with Mayor Gibbens presiding and Councilors Mundahl, Brehm, Scott, Kennedy, Shock, and Moore present.

Motion by Councilor Shock, seconded by Councilor Scott to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                                 5.  Old Business                  

2.  Agenda                                                6.  New Business                 

3.  Minutes                                                 7.  General Committee                         

4.  Visitors and Delegations                               8.  Bills                  

Minutes from the previous meeting were approved as read.

A citizen appeared before the council with several issues of concern.  He first thanked the city crew for a good job done on snow removal.  He then stated three issues of which he had concern; signs, a loan for the landfill and damage to personal property.  The Mayor addressed each issue.  He stated the city crew would be told to fix any damaged signs and the Horizons committee was working on a new welcome sign.  The Mayor explained the reason for the loan on the landfill was to make the landfill an inert landfill in complete compliance with the State Health Department.  The Mayor then assured the citizen that the police commission would make sure the property damage was being looked into fully.  A member of the planning and zoning committee appeared before the board to express his disappointment in the councils approach to the issue regarding the boulders.  The council then had another lengthy discussion about the issue and decided to send public works to discuss the issue with the business owner and see if they could compromise.

Motion by Councilor Moore, seconded by Councilor Kennedy to approve gaming permit 2007-07 to the Cando High School Sr. Class.  All councilor voted aye.  Motion carried.

A proposal from Waste Management was discussed.  The new proposal lowered the fee the City pays by $500 per month and extends the contract from 2009 to 2012.  The councilors were hesitant to extend the length of the contract.  A committee was assigned to determine if it would be beneficial for the City to come up with an alternative to the Waste Management contract.  The findings of the committee will be discussed at the next meeting.

Councilor Mundahl stated that he wished to resign from the planning and zoning committee.  It was also brought to the Mayors attention that Diana Sitz was also resigning from the same committee.  Councilor Brehm stated that the City should look into ways of improving snow removal so that the driveway areas don’t have to be shoveled by hand. 

Motion by Councilor Shock, seconded by Councilor Scott to pay the bills.  Upon roll call vote, all Councilors voted aye and motion carried.

There being no further business, the meeting adjourned by motion.

Joni M. Morlock
City Auditor

12-17-2007

The Cando City Council met December 17, 2007 with Mayor Gibbens presiding and Councilors Brehm, Scott, Kennedy, Shock, and Moore present.  Councilor Mundahl was absent.

Motion by Councilor Brehm, seconded by Councilor Moore to approve the agenda, all voted aye, and motion carried.

1.  Pledge                                   5.  Old Business                                                

2.  Agenda                                  6.  New Business 

3.  Minutes                                  7.  Financial Report             

4.  Visitors and Delegations           8.  General Committee         

9. Bills                

Minutes from the previous meeting were approved as corrected.

The Library Board appeared before the council to request a levy of an additional 8 mills be put on the ballot and put to the vote of the people in the June election.  The council agreed to do this, but first asked that additional research be done in requesting a mill levy at the county level that would, in turn, secure even more funding for