City Council Meeting October 19, 2009 5:00pm Council Members Present: Bertsch, Wateland, Hansey, DeVries, Schmidt, Bajumpaa, Bohn Council Members Absent: Sturdevant, Mitskog Staff Present: Huwe, Bullis, Nelson, Priebe, MacIver Others Present: Gutzmer, Erickson, Planning Commission Hansey presided over meeting.

Hansey called the meeting to order. 5:02 Pm

Motion by Bohn, seconded by Bajumpaa to approve the October 5, 2009 Council Minutes. Motion carried.

PUBLIC HEARING Public Hearing for Amendment to B3 Zoning Ordinance No. 922: Bullis went over the Ordinance relating to B3 Zoning and the change that will take place to the ordinance. Hansey asked for any written or oral protests; Huwe noted that there were no written or oral protests to the ordinance.

Councilmember Wateland offered second reading of the following Ordinance and moved for adoption: ORDINANCE NO. 922 AN ORDINANCE AMENDING §16-400.3 NONCONFORMING USES AND STRUCTURES – RESTORATION

The motion for the adoption of the foregoing Ordinance was duly seconded by Councilmember Schmidt, and upon vote being taken thereon, the following voted in favor thereof: Wateland, Bertsch, Bohn, Bajumpaa, Schmidt, DeVries, Hansey ; and the following voted against the same: None. Whereupon said Ordinance was declared duly passed and adopted, was signed by the Mayor, and attested to by the City Auditor.

Census 2010 Complete Count Committee – Myrna Larson: Larson said she works with a lot of different groups to create awareness regarding the census, and went over what can be done to increase the effectiveness of the census. Larson said that she and another person can come in to train a “Complete Count Committee” in order to provide an effective census.

Wahpeton Airport Authority – Presentation by Jim Aldrich: Aldrich represented the Canadian Snowbirds as well as the Wahpeton Airport Authority. He said they wanted to extend a Thank You to the City of Wahpeton for such hospitality when they were here to perform their air show. Aldrich presented an official picture of the Canadian War Birds to the Mayor in gratitude of the hospitality received when they performed their show in Wahpeton.

REPORTS FINANCE DIRECTOR/AUDITOR HUWE – Huwe asked for approval for any site authorizations or games of chance permits presented.

Councilmember Bohn offered the following and moved its adoption: Health Care and Wellness Foundation-Raffle The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember DeVries, Motion Passed 7-0.

2009 Class II Cabaret License for Sportsman’s Lounge: Huwe requested a motion to approve the 2009 Class II Cabaret License for Sportsman’s Lounge.

Motion by Schmidt, seconded Bohn to approve the 2009 Class II Cabaret License for Sportsman’s Lounge. Motion carried 7-0.

Electronic Communication Policy revision – Huwe requested referral to Finance Committee of the Electronic Communication Policy revision. Hansey referred this issue to the Finance Committee.

Fraud Policy implementation – Huwe requested referral to Finance Committee of the Fraud Policy. Hansey referred this issue to the Finance Committee.

Capital Improvements Plan Committee – Huwe requested a Capital Improvements Plan Committee meeting Oct. 28th. Hansey told Huwe to notify all individuals on that committee of the meeting.

ASSESSOR BROADLAND – Resolution for Exemption of Property and Establishing Limitations- Huwe requested on behalf of Broadland a referral to the Finance Committee a Resolution for Exemption of Property and Establishing Limitations. Hansey referred this issue to the Finance Committee.

ATTORNEY LIES – No Formal Report

ECONOMIC DEVELOPMENT DIRECTOR PRIEBE – Priebe noted that the Summer Stimulus Lot Sale is drawing to an end with 2 lots being sold in Elm Court; and one more lot in Elm Court pending sale.

Priebe went over the Wahpeton Economic Development inquiries from the Economic Development Directory for the months of July 2009 – September 2009. Priebe said the NSP project had been advertised in last Sunday’s paper; and said that bids for the project are due back by November 6th with a hope to award bids by November 16th.

Priebe said that Bobcat Company will be leasing building 20 at Imation, and they gained access to the building on October 15th.

Priebe said that the EDC has a meeting scheduled for October 21th at 12:00 pm.

LIBRARIAN MACIVER – No Formal Report

POLICE CHIEF THORSTEINSON – No Formal Report

PUBLIC WORKS DIRECTOR NELSON –

Resolutions to establish Assessment District 10-01-14 (North Central Area Streets Rehabilitation), Project No ST10-160 and to direct preparation of engineer’s report: Nelson went over where this project is located and an overview as to what the project consists of. Councilmember Bohn offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Schmidt, Motion Passed 7-0.

Councilmember Bohn offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Bertsch, Motion Passed 7-0.

Resolutions to establish Assessment District 10-02-04, (Cul-de-Sac Streets Improvements), Project ST10-161 and to direct preparation of engineer's report: Nelson went over the areas of town that will be affected by this project and what will be done in each area. Wateland asked about the residents in Oak Wood regarding the assessments for an area that was never finished. Nelson said this issue will be discussed during the neighborhood meeting. Councilmember Bajumpaa offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Bertsch, Motion Passed 7-0.

Councilmember Wateland offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Bajumpaa, Motion Passed 7-0.

Resolution to establish Assessment District 10-03-04 (Alley Improvements, Various Locations), Project No. ST10-162. : Nelson discussed what this project will entail and where this project will be located.

Councilmember Schmidt offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Wateland, Motion Passed 7-0.

Councilmember DeVries offered the following and moved its adoption:

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Schmidt, Motion Passed 7-0.

Nelson reminded that Fall Cleanup will be held October 19th – October 23rd, and all items need to be brought to the transfer station. Nelson said the Forestry sub committee met and discussed the tree trimming activities of the residents. He said the current ordinance states that residents are required to maintain the trees and shrubs on the boulevard, and all residents will receive a more detailed notice in their utility bills regarding this issue.

Schmidt asked when the alley ways will be worked on; Nelson said the plan is to have all these projects completed next year.

REPORTS FROM THE CITY COUNCIL COMMITTEES Finance Committee – Briarwood Mobile Home Park Street Improvements – ongoing discussion

Additional ½ Cent Sales Tax Funding Criteria – Motion to recommend approval of criteria as presented

Motion by Bohn, seconded by Bajumpaa to approve the Additional ½ Cent Sales Tax Funding Criteria as presented. Motion carried 7-0.

Update on Project Cashflow Planning – Bohn said that Huwe and Nelson presented a timeline of the cash flow of future projects and how the money will be needed and used.

Public Works Committee – Sewer Service Line at 531 Western Rd – no action to be taken

South Side Drainage Improvements – Motion to recommend approval of Supplemental Agreement No. 2 to Professional Services Agreement with Interstate Engineering, Inc. to include construction Engineering Services for Phase A, Part 1

Motion by Schmidt, seconded by DeVries to approve the Supplemental Agreement No. 2 to Professional Services Agreement with Interstate Engineering, Inc. to include construction Engineering Services for Phase A, Part 1. Motion carried 7-0.

Right of Way Encroachment Permits at 213 & 215 Dakota Ave. – Motion to recommend approval and indemnification clause requiring compliance with City Sign Code

Motion by Bertsch, seconded by Schmidt to approve an indemnification clause requiring compliance with City Sign Code for Right of Way Encroachment Permits at 213 & 215 Dakota Ave. Motion carried 7-0.

Policy for Snow & Ice Removal – Motion to recommend approval of Cost Participation and Maintenance Agreement with Richland County for 16th Ave. adjacent to Commerce Addition Nelson discussed the need for a cost participation and maintenance agreement needed between the city and the county.

Bohn asked about the west end of 16th Ave and the issue of blowing snow and keeping the road open to travelers. She asked if there has been any discussion on a snow fence; Nelson said this issue was discussed with the county and there will have to be a concurrence with the property owners in order to construct a snow fence.

Motion by Wateland, seconded by Bertsch to approve the Cost Participation and Maintenance Agreement with Richland County for 16th Ave. adjacent to Commerce Addition. Motion carried 7-0.

Policy for Snow & Ice Removal – Motion to recommend approval of increasing reimbursement for mailboxes damaged by City snow removal operations from $50 to $75 contingent on replacement is compatible with right of way placement

Motion by Schmidt, seconded by DeVries to approve increasing reimbursement for mailboxes damaged by City snow removal operations from $50 to $75 contingent on replacement is compatible with right of way placement. Motion carried 7-0.

Request for Street Repairs in Briarwood Mobile Home Park – Motion to recommend approval to make temporary repairs and to include necessary repairs in special assessment district

Nelson said that the street needs maintenance in order to be carried through the winter, and he said that the street repairs will be included in the special assessment district project for next year.

Motion by Bohn, seconded by Bajumpaa to approve making temporary repairs in Briarwood Mobile Home Park and to include necessary repairs in special assessment district. Motion carried 7-0.

Bertsch asked when the project will be completed, and Nelson said that it will be worked on as soon as the weather permits it. Nelson went over the particulars of the road condition and the reason that the street needs to be repaired.

Adoption of Building Codes – Offer first reading of Ordinance No. 924

Wateland offered first reading of: ORDINANCE NO. 924

AN ORDINANCE AMENDING SECTION 18-3001 ADOPTION – BUILDING CODE

Safe Routes to School – 14 th Ave. N. Sidewalk – ongoing discussion Wind Turbine Ordinance – ongoing discussion

PRESENTATION OF COMMUNICATION/REPORTS a. Rourke Art Museum Invitation b. Wahpeton Forestry Cmt. Minutes 10-8-09 c. Metro Flood Study Work Group invitation d. Wahpeton Airport Authority Minutes & Manager’s Report 10-14-09

Motion by Bohn seconded by Bajumpaa to approve the reports sent in the mail and in the correspondence book. Motion carried 7-0.

BILLS – Motion by Bohn, seconded by Bajumpaa to approve the disbursement of bills in the amount of $1,027,823.79. Motion carried 7-0.

SCHEDULING OF COMMITTEE MEETINGS The following Committee meetings were then scheduled: a. Sidewalk Cmt. October 20th, 4:00 p.m. b. Finance Cmt. October 26th, 12:00 p.m c. PW/PS Cmt. October 27th, 5:00 p.m. d. Capital Improvements Cmt. October 28th, 12:00 p.m.

Motion by Wateland, seconded by DeVries to adjourn.

______Mayor Sturdevant

______Sarah Erickson City Coordinators Assistant - Minutes respectfully submitted by sme.