City of Pembina, ND

Oldest Settlement in the Dakota Territories

January 11, 2011

City of Pembina

Pembina, North Dakota 58271

152 W. Rolette St.

Official Minutes January 11, 2011 City Council Meeting


Attendance: Mayor Warren Hillukka, Council, Kyle Dorion Beverly Burke, Pat Burton, Debbie Stanhope, John Feldman, Greg Wilmer

Absent: Dan Johnson City Engineer

Present: Attorney Larry DuBois, Aud. /Adm. Nancy Thompson, Deputy Aud Lisa Plante, PWS Ken Norby

Public Portion: Michelle Helland –Pembina ambulance, Tom Masloski –Property tax. Kathy Johnson –Pembina new era, Roger Needham Farol Ranes, Jay Underberg, Dan Haugen, Tina Dorion, Barb Chale, Matt Chale, Brett Stanhope, David Stanhope, Jenny Stanhope, Jeanna Kujava –Smoking Ban


Farol Ranes here to read letter on behalf of Kris Wilwand, owner of Corner Bar & Grill.  Letter was asking council to postpone the smoking ordinance until the state puts one into effect.  Jay Underberg stated opinion of the ordinance should go to a public vote.  Dan Haugen informed council he told Kris Wilwand if it was her decision to go smoke-free he would back her 100% but does not like it being forced by council.


Jenny Stanhope from Pembina County Health was here to relay statistics on the effect of secondhand smoke.  She stated that no ventilation system can control health risks from secondhand smoke, and that exposure to secondhand smoke is the third leading cause of preventable death in the U.S.  Secondhand smoke contains many dangerous chemicals, toxins and human carcinogens.  In regards to economic impact, West Fargo has done a study and there was no negative impact in fact there were instances where sales increased.  This study was based off of information pulled from quarterly revenues and levels of employment and sales tax data.  Jenny stated everyone has the right to breathe clean air.

David Stanhope voiced his support of the smoking ordinance and said that in his opinion people go to the bar to have a drink and visit not to smoke.

Tina Dorion voiced her support of the smoking ordinance stating she has friends from Minnesota that would stay in town after work if the bar was smoke free.


Attorney Larry Dubois informed public that was opposed to ordinance what steps they could take if ordinance passes and also let those in favor of ordinance know what steps they could take if the second reading of ordinance does not pass.


Tom Masloski was inquiring about property taxes and also discussed his sewer situation as his commercial property.  City will inquire with the city engineer on sewer.


Michelle Helland was here for Pembina Ambulance to update council on current coverage and to give balance sheet.  Also informed council of the resignation of Chief Brian Williams.


Regular meeting called to order by Mayor Hillukka at 6:35.


1. Changes made to agenda:  Motion by Burke, second by Wilmer to accept changes to agenda. Motion carried. Motion by Dorion second by Wilmer to approve December minutes with changes under 6.a after “when” change “the” to “they” and after “had” change there to their under 7.d  after “Wilmer “add “Burke abstains.  Motion carried. Motion by Feldman second by Burton to approve December 28th Special meeting minute’s with changes under 1.b after “Stanhope” add “Burke abstains”.  Motion carried.


2. City Engineer /Dan Johnson: Dan was absent. Nate Dalager with HDR sent email to Warren with update on Levee recertification progress.


3. City Attorney Update: a) Burton moved the adoption of the following Resolution “Resolution of Necessity” second by Feldman.  Roll call vote ayes, Dorion, Burke, Wilmer, Feldman and Burton Nays: None. Absent and not voting Stanhope. Motion carried


4. Employee Report:  a) Ken is having surgery on his right shoulder on the 12th so Pat Burton will be helping out while Ken is out if snow removal needs to be done. Greg Koropatnicki stated  he would be willing to help out if Council is fine with that. b) Ken was looking at having the City snow pile in town moved out to help with spring flooding and was wondering if the City would consider having Ralph Twamley do some of the hauling of snow piles. Motion by Dorion second by Feldman to hire Twamley & Sons for a 8hr period to assist public works with removal of city snow pile out of town. Motion carried c) Council would like City office to send letter to private snow removal companies on not putting the snow onto already clean areas or piles of the Cities.  Council member Stanhope joins meeting at 7:10p.m d) Wellhouse has one furnace not working Samson looked at it and it needs a thermostat.  Samson will order thermostat then fix furnace. The furnace in old shop isn’t working the motherboard went out looking for new motherboard for the furnace so it can be fixed. e) Ken would like Council to consider purchasing another 6inch pump just like the one that was bought in spring of 2010 council member Feldman asked auditor Thompson to make sure 6inch pump is put on agenda for February’s meeting.


5. Mayor Update:  a) Let Council know all monies have been received for the new tables and chairs for the community center b) Special meeting date for second reading of ordinance 2011-1 (smoking ban) has been set for January 12th at 5:30 pm


 6.   Aud. /Admin. Update:  a) December Financials reviewed and approved b) January bills reviewed and approved.


7.   Committee Reports:  Rec board end of year financials presented to Council.


8. New & Old Issues: a) Legion room at Community Center seem like heat isn’t working as it is always cold in there.  Wilmer volunteered to go over to look at situation to make sure nothing is wrong and Deputy Auditor Plante will look at thermostat and set programs on it . b) Need to show evidence to FEMA that we have adopted floodplain management regulations prior to May 3rd 2011.  Office will check City and Flood minutes for this and check with Jill Pederson with  Emergency management to see if she has anything on file for the City. c) Discussion was had on Fire Department .d) Mayor turns meeting over to Council President Feldman on Attorney discussion due to conflict of interest. Before attorney can proceed with discussion he (Larry Dubois) had to explain that his law firm also representing Mr. Hillukka on a personal matter and the City of Pembina through elected and appointed official have requested an opinion from City Attorney (Larry Dubois) this opinion is directly related to Mr. Hillukka’s personal matter and that the City council of Pembina understand the conflict of interest and if the City is willing to waive the conflict of interest.  If not, then no further discussion can be had on this matter. Motion by Burke second by Wilmer to have Council president Feldman and City auditor sign waiver of conflict of interest. Roll call vote aye’s Burke, Dorion, Stanhope, Burton and Wilmer nay: none. Motion carries. Council president Feldman unable to vote as he is chair of the meeting at this time.  With the waiver being passed Attorney gave his opinion to the Council that they have no legal basis to expel Mayor. Council President Feldman turned meeting back over to Mayor Hillukka.


Motion by Burke to adjourn 8:10 p.m.


By:  Mayor, Warren Hillukka


Attested to:  Nancy Thompson, Auditor/Administrator