Wahpeton City Council Minutes

WAHPETON CITY COUNCIL MINUTES AUGUST 2, 2010

Present: Mayor Sturdevant, Bertsch, Hansey, Bohn, Hartman, Dale, DeVries, Mitskog, Bajumpaa.

Absent: None

Also Present: Huwe, Lies, Broadland, Priebe, MacIver, Thorsteinson, Nelson, and Appell.

Motion by DeVries, seconded by Dale to approve the July 19, 2010 City Council Minutes. Motion Carried.

PUBLIC HEARING-Joint Hearing with Planning Commission regarding Ordinance 930 Planned Unit Development Hobby Time Acres Planning Commission Vice President Liz Mumm called the Planning Commission Meeting to order. Mayor Sturdevant asked if there is anyone present to protest the Ordinance; hearing none Mayor asked Huwe if any written protests had been received there are none. Motion by Jensen, seconded by Keogh to recommend approval of Ordinance 930 amending Chapter 16-1501 establishing planned unit development zoning for Hobby Time Acres. Motion carried all voting aye.

Council member Hansey offered the second reading of the following Ordinance: ORDINANCE NO. 930 AN ORDINANCE AMENDING CHAPTER 16-1501 ESTABLISHING PLANNED UNIT DEVELOPMENT ZONING FOR HOBBY TIME ACRES (PUD)-1

Motion by Jensen, seconded by Keogh to adjourn the Planning Commission Meeting. Motion Carried.

REPORTS FINANCE DIRECTOR/AUDITOR HUWE- Council member Bohn offered the following game of chance application and moved its adoption: Wahpeton Rotary The motion for the adoption of the foregoing Resolution was duly seconded by Bajumpaa.

Council member Bajumpaa offered the following game of chance application and moved its adoption: Head of the Red Gun/Archery Club The motion for the adoption of the foregoing Resolution was duly seconded by Bohn.

C-1 Liquor License Amendment-Huwe presented a request from El Toro Mexican Restaurant to amend the seating requirement from 150 to 125. Lies explained a C-1 is a restaurant license for hard liquor as well as beer and wine and gross sales of food have to exceed that of liquor. Huwe clarified that El Toro was given a Class C-2 liquor license conditionally to serve beer and wine. Bertsch asked the cost difference between the C-1 and C-2; Huwe reported a C-1 is $2377 and C-2 is $709. Bertsch asked if there are a limited number of licenses that can be issued; Lies explained that the Class A-1 and Class B are limited based on population. Mitskog feels that 150 is a high number for seating and that the Council should look at the Ordinance. Lies told the Council they could have first reading tonight and then refer the item to the Finance Committee. Council member Hartman offered first reading of the following Ordinance: ORDINANCE NO. 931 AN ORDINANCE AMENDING SECTION 22-205 C-1(LIQUOR LICENSE CLASSIFICATIONS CLASS C-1)

2009 Audited Financial Report-Huwe distributed the 2009 audited financial report and noted the area of interest to the Council is communication with the board and specific items identified are budget amendments for overspent funds. Huwe reviewed the 2009 audited report with the Council.

Midcontinent T1 Phone Lines-Huwe requested referral of the T1 phone line proposal from Midcontinent Communications to the Public Works Public Safety Committee. Mayor will refer this item to the PWPS Committee.

2011 Budget Update-Huwe requested a Committee of the Whole Meeting on August 23rd at noon to discuss the 2011 budget.

CITY ATTORNEY LIES Request for Right of Way Vacation on 12 th Street South and Dakota Avenue-Lies presented a map showing Smith Motors property and the portion that was deeded to the State for a turn lane on the south side of Dakota Avenue. The City will be vacating a portion of right of way on 12th Street South in exchange for the property they gave to the State. Lies is requesting that the Council proceed with the public right of way vacation as noted on the map. Motion by Hansey, seconded by Mitskog to include the State of North Dakota as part of the project with the City to vacate the public right of way on 12th Street South. Motion carried 8-0.

Replats-Lies asked Mayor to refer Ordinance-Minor replats to the Public Works Public Safety Committee. Mayor will refer this item to the PWPS Committee

ECONOMIC DEVELOPMENT DIRECTOR PRIEBE Housing Study-Priebe reported that the Wahpeton/Breckenridge Housing Study Committee met and is reviewing the first draft of the study. Wahpeton and Breckenridge will assess their sections separately and report back to Steve Griesert of Community Partners.

Comprehensive Plan Update-Priebe gave an update with regard to the Comprehensive Plan as four firms were interviewed last week. Selection Committee members are: Huwe, Nelson, Hansey, Priebe, and Roger Jensen a reference check and follow-up questions with communities that worked with the finalists will be conducted this week before the Selection Committee reconvenes to choose one of the firms and begin the work of negotiating a contract.

Appearance Grant Program-Priebe has been working with two downtown businesses and sharing information on the Storefront Improvement Program.

SBDC-Priebe reported that as part of a post-construction strategy the SBDC office will be conducting interviews with businesses along Dakota Avenue and the impact of the street construction project and the economy in general. The Strom Center from Dickinson will conduct the interviews using e- Synchronist business retention software. NSP- Priebe has received word from the ND Department of Commerce that there is funding available. Applications will only be considered for current projects with cost overruns. Priebe reported that the cost overrun on the local NSP Project is $32,000. Priebe will be submitting an application.

NDSCS Construction Technology- Priebe is working with Randy Stach of NDSCS Construction Technology to partner with the City to fill-in vacant city-owned properties with new houses.

Community Development Corporation-Priebe reported that the CDC met and voted to terminate the grant agreement between the WCDC and the State Department of Commerce with respect to hiring regional and national consultants to fill the Imation Buildings and incent them to bring higher paying jobs. The buildings are now occupied and the agreement needs to be cancelled. Priebe stated that included in the incentives was a $150,000 set aside or reserve from the Sales Tax Fund for Economic Development, a majority vote from the Council will remove the accrued liability and make the funds available for Economic Development projects. Motion by Bohn, seconded by Mitskog to approve the termination of the grant agreement. Motion Carried 8-0.

Delta Sky Magazine-Priebe was informed by the ND Dept of Commerce that North Dakota will be featured in the Delta Sky Magazine in October 2010.

PUBLIC WORKS DIRECTOR NELSON Public Works Public Safety Referrals- Nelson requested referral to the Public Works Public Safety Committee Change Order No. 1-Final for Downtown Alleys Reconstruction, Project No. ST09-149. Mayor will refer this item to the PWPS Committee.

Nelson requested referral to the Public Works Public Safety Committee the Cost Participation, Construction, and Maintenance Agreement with NDDOT for Project No. TEU-8-013(048)390, Dakota Avenue Enhancements. Mayor will refer this item to the PWPS Committee.

Repairs to Well No. 3- Nelson requested a Declaration of Emergency for repairs to well number 3. Motion by Hansey, seconded by Bertsch to approve the declaration of emergency to waive bidding requirements for Well Number 3 repairs. Motion Carried 8-0.

Vector Control-Mayor asked Nelson about mosquito spraying, Nelson reported that counts are down and the City will continue to ground spray.

Dakota Avenue Update-Bertsch asked for a progress update on the Dakota Avenue Project, Nelson stated it will be completed by the October deadline. Nelson said the street lights will lag as it will be late August and into September before the lights will be available to install.

Dakota Avenue Dedication Committee-Mayor Sturdevant stated that Council member DeVries will chair the Dakota Avenue Dedication Committee and asked for volunteers to serve on the Committee.

REPORTS FROM THE CITY COUNCIL COMMITTEES Finance Committee Report Bohn gave the Finance/Personnel Committee report from the meeting held on July 29, 2010. The Capital Improvement Plan draft was reviewed to receive input and no action was taken. 2011 budget preparation overview along with sidewalk maintenance and planning. Reviewed the Revolving Loan Fund Policy with regard to the Three Rivers Arts Council as they have a zero interest loan with the City and are asking the loan become a grant and requested that the City reevaluate the loan and look at items to assist in making the payment. Town Centre Square will remain on the agenda.

Public Works Public Safety Committee Hansey gave the Public Works Public Safety Committee report from July 27, 2010. The Capital Improvement Plan draft was reviewed to receive input and no action was taken. Non metered water users were discussed. Discussed North side odors. Discussed sidewalk improvements.

PRESENTATION OF COMMUNICATION/REPORTS a. ND Dept. of Commerce Partners in Marketing funding. b. ND Dept. of Commerce/Lake Agassiz Loan Restructuring. c. ND Dept. of Commerce 2007 Grant Agreement. d. Wahpeton Visitors Committee. Q2 2010 Report. Motion by DeVries, seconded by Bohn to approve the reports sent in the mail and in the correspondence book. Motion carried.

SCHEDULING OF COMMITTEE MEETINGS The following Committee Meetings were then scheduled: a. Finance Committee August 9th, 12:00 p.m. Noon b. PW/PS Committee August 10th, 12:00 p.m. Noon

Motion by Mitskog, seconded by Hartman to adjourn at 5:37pm.

______Mayor Sturdevant

______Angie Appell, Finance Assistant