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UPDATED 06/06/08

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JAMESTOWN CITY COUNCIL
REGULAR MEETING, JUNE 2, 2008
UNOFFICIAL MINUTES

The regular meeting of the City Council was called to order by Mayor Liechty
at 5:00 P.M.

Roll Call showed the following members present: Mayor Liechty, Council
Members Schulz, Heinrich, Grabinger and Parisien, City Attorney Dalsted, and
City Administrator Fuchs.

Council Member Heinrich moved to approve the minutes of the following
meetings, as printed: Minutes of the regular council meeting, May 5, 2008;
minutes of the committee meeting, May 20, 2008; and minutes of the committee
meeting, May 22, 2008. Seconded by Council Member Grabinger. Unanimous aye
vote. Carried.

No bids were received for the sale of impounded and abandoned vehicles.

Council Member Grabinger moved to approve the following consent items:

A. Resolution to approve the request from Champ Industries USA for
additional PACE Interest buy down funds in the amount of $2,355.00
and an additional $15,365.00 in New Jobs Training Funds Loan from
Economic Development Funds with the City Share to be $14,176.00
and paid from the City Sales Tax Fund.

B. Resolution to approve issuing a Quit Claim Deed to Stephen J.
Senger for a portion of Lot 32, Riverview Second Addition.

C. Resolution to approve the request of M & J Properties for
Renaissance Zone incentives on a commercial property to include a
five (5) year property tax exemption and a recommended five (5)
year North Dakota State income tax exemption for the property on
the N. 1/2 of Lot 14, Block 32, Original Addition (117 1st Avenue
South).

D. Resolution to approve authorizing City Attorney Dalsted to pursue
legal action against Richard V. Anderson d/b/a Better For Less
Construction and/or Phil Van Erem to recover $8,246.37 in refuse
hauling fees for the demolition work at the Ranch House Motel
property.

E. Resolution to recognize the Jamestown Elk’s 995 as an other public
spirited organization and to authorize the issuance of a raffle
permit with the drawing to be held June 27, 2008.

F. Resolution to draft a policy pertaining to the mailing of notice
requirements to area property owners regarding proposed zoning
amendments be provided for the next Planning Commission for
recommendation to the City Council.

G. Resolution to approve the request from Sandy Brown to move a
garage from 1014 10th Avenue SE to 802 3rd Avenue NW.

H. Resolution to approve the request from Bernie Satrom to move a
16’ x 24’ garage from 1305 3rd Avenue NW to 417 8th Avenue SE.

I. Resolution to approve the request from Mainstreet Downtown to
place plaques on the decorative light poles on 1st Avenue to
identify sponsors of the downtown hanging flower pots.

J. Resolution to approve the request from Frontier Village
Association for the Street Department to blade and spread
sterilized black dirt on 2nd Ave SE between 18th and 19th
Street.

K. Resolution to approve the proposal from MVTL for 2008 Groundwater
Quality Assessment for the Jamestown Sanitary Landfill, in the
amount of $10,170.00.

L. Resolution to approve the proposal from CPS, Ltd., for the 2008
Annual Groundwater Monitoring Report for the Jamestown Sanitary
Landfill, in the amount of $13,700.00.

M. Resolution to approve the request from Jamestown College to close
1st Avenue South from 1st Street to 3rd Street and from alley to
alley on 2nd Street South on August 25, 2008, from 3:00 PM to 9:00
PM, for a College Community Connection.

N. Resolution to deny the request from GATR of Sauk Rapids, Inc., for
an adjustment based upon the condition of the trade-in on the bid
for the purchase of a 2008 GMC Top Kick C7500 for the Street
Department.

O. Resolution to approve the performance bond of Strata Corporation,
for construction on the Sidewalk, Curb & Gutter District #08-11,
in the amount of $69,630.00.

P. Resolution to approve Estimate No. 1, to Schumacher Construction,
Inc., for the 2008 Fire & Police Department’s Cold Storage
Building and Removal of Existing Fire Damaged Cold Storage
Building, in the amount of $73,552.15.

Q. Resolution to approve Payment No. 1, to Interstate Engineering,
Inc., for engineering services on Transportation Enhancement for
US Highway 281, Project No. S-TNU-2-281(033)066, in the amount of
$1,944.47.

R. Resolution to allow Estimate No. 1, to Border States Paving, Inc.,
for construction on Seal Coat, Patching, Construction and
Reconstruction District #08-41, in the amount of $56,983.52.

S. Resolution to approve Payment No. 2, to Ulteig Engineers,
for engineering services on the Project Concept Report and
Preliminary Design for the East Business Loop Reconstruction
Project No. SU-2-987(029)033, in the amount of $28,018.70.

T. Resolution to approve Payment No. 5, to Interstate Engineering,
Inc., for engineering services on various city department
consultations, in the amount of $3,777.00.

U. Motion to accept the reports of the Municipal Judge, Police
Department, Fire Department, Public Works Departments, Inspection
Department, Forestry Department, Promotion and Tourism Center,
Central Valley Health Unit, Jamestown Safe Community Task Force,
and financial status.

V. Resolution to allow the May indebtedness in the amount of
$1,166,691.88 consisting of $357,497.37 payroll and $809,194.51
general obligations.

Seconded by Council Member Parisien. Consent Roll Call No. 1 showed: 5 ayes,
0 nays, 0 absent. Carried.

Council Member Schulz moved to table to the July Council meeting the request
from Buffalo City Tourism Foundation for continuation of grant funding for the
years 2009-2012, in the total amount of $797,400.00 from Economic Development
Funds with the City Share to be $637,920.00 and paid from the City Sales Tax
and that any requests for grant funding from the BCTF in excess of $2,000.00
must have City Council approval. Seconded by Council Member Heinrich. Voice
vote showed: 2 ayes (Schulz and Heinrich), 3 nays (Grabinger, Liechty and
Parisien), 0 absent. Not Carried.

Council Member Grabinger moved a Resolution to approve the request from
Buffalo City Tourism Foundation for continuation of grant funding for the
years 2009-2012, in the total amount of $797,400.00 from Economic
Development Funds with the City Share to be $637,920.00 and paid from the City
Sales Tax and that any requests for grant funding from the BCTF in excess of
$2,000.00 must have City Council approval. Seconded by Council Member
Parisien. Roll Call No. 2 showed: 5 ayes, 0 nays, 0 absent. Carried.

A public hearing was held concerning special assessments for Seal Coat,
Patching, Construction & Reconstruction District #07-41. No one appeared to
object and no written protests were received. The hearing was closed.

Council Member Parisien moved a Resolution to accept and approve the special
assessments for Seal Coat, Patching, Construction & Reconstruction District
#07-41, as submitted by the Special Assessment Commission, in the amount of
$1,875,325.65, with the City Share to be $187,210.32, and with a balance to
assess against benefited properties in the amount of $1,688,110.33. Seconded
by Council Member Grabinger. Roll Call No. 3 showed: 5 ayes, 0 nays, 0
absent. Carried.

Mayor Liechty declared a conflict of interest with the request from Jamestown
College for Municipal Industrial Development Bonds.

Council Member Heinrich moved to allow Mayor Liechty to vote on the motion.
Seconded by Council Member Parisien. Voice vote showed: 4 ayes (Heinrich,
Liechty, Parisien and Schulz), 1 nay (Grabinger), 0 absent. Carried.

Council Member Schulz moved a Resolution to grant preliminary approval,
subject to a public hearing, to the request from Jamestown College for the
City of Jamestown to authorize the issuance of not to exceed $1,200,000.00 in
Municipal Industrial Development Bonds. Seconded by Council Member
Grabinger. Roll Call No. 4 showed: 5 ayes, 0 nays, 0 absent. Carried.

Council Member Heinrich moved a Resolution to approve establishing a storm
sewer district to improve storm water drainage on 9th Street SW to alleviate
flooding to the residence at 1010 9th Street SW. Seconded by Council Member
Schulz. Roll Call No. 5 showed: 5 ayes, 0 nays, 0 absent. Carried.

Council Member Grabinger moved a Resolution to approve and authorize entering
into an Engineering Services Agreement with Interstate Engineering, Inc., for
the Southwest Storm Sewer Improvements Project (9th Street SW). Seconded by
Council Member Parisien. Roll Call No. 6 showed: 5 ayes, 0 nays, 0 absent.
Carried.

Council Member Heinrich moved to introduce the first reading of an ordinance
to amend and re-enact Ordinance No. 329 of the City Code by amending the
District Map to change the zoning of Block 72, Klaus Third Addition (James
House), from R-2-A (One to Twelve Family Residential District) to R-3 (General
Multiple Dwelling District).

Ordinance No. 1339, introduced by Council Member Schulz, to amend and re-enact
Section 5-27 of the City Code pertaining to alcoholic beverages, had its
second reading. Seconded by Council Member Parisien. Roll Call No. 7
showed: 5 ayes, 0 nays, 0 absent. Carried.

A public hearing was held concerning an ordinance to change the zoning of Lot
1 except the South 12 ˝ feet and Lots 8-14, Block 48, Klaus Addition, from R-2-
A (One to Twelve Family Residential District) to C-1 (Local Commercial
District).

An email was received from Bonnie Smith, 225 3rd Avenue SW, protesting the
zone change.

The hearing was closed.

Ordinance No. 1340, introduced by Council Member Parisien, to amend and re-
enact Ordinance No. 329 of the City Code by amending the District Map to
change the zoning of Lot 1 except the South 12 ˝ feet and Lots 8-14, Block 48,
Klaus Addition, from R-2-A (One to Twelve Family Residential District) to C-1
(Local Commercial District), had its second reading. Seconded by Council
Member Heinrich. Roll Call No. 8 showed: 3 ayes (Heinrich, Parisien and
Schulz), 2 nays (Grabinger and Liechty), 0 absent. Carried.

Council Member Grabinger moved a Resolution to approve submitting a grant
application to the ND Department of Transportation for a Traffic Safety
Contract and to authorize entering into a Traffic Safety Contract (SAFE
COMMUNITIES PROGRAM) with the North Dakota Department of Transportation for
the period 10/1/08 - 9/30/09, and to enter into an agreement with Bruce Judd
to serve as Safe Communities Coordinator for the same period. Seconded by
Council Member Schulz. Roll Call No. 9 showed: 5 ayes, 0 nays, 0 absent.
Carried.

Council Member Schulz moved a Resolution to approve submitting a grant
application to the ND Department of Transportation for a Traffic Safety
Contract and to authorize entering into a Traffic Safety Contract (SERVER
TRAINING PROGRAM) with the ND Department of Transportation for the period
ending September 30, 2009. Seconded by Council Member Parisien. Roll Call
No. 10 showed: 5 ayes, 0 nays, 0 absent. Carried.

Council Member Grabinger moved a Resolution to approve the request from CSI –
Historic Franklin for a permit to conduct a Polka Spotlight Event in the
Historic Franklin parking lot on Sunday, June 29, 2008, from 3:00 PM to 7:00
PM. Seconded by Council Member Schulz. Roll Call No. 11 showed: 5 ayes, 0
nays, 0 absent. Carried.

Council Member Parisien moved a Resolution to approve the request from the
Jamestown Eagles for a site authorization to conduct gaming at the Frontier
Fort Bar & Grill for the period July 1, 2008, through June 30, 2009. Seconded
by Council Member Heinrich. Roll Call No. 12 showed: 5 ayes, 0 nays, 0
absent. Carried.

Council Member Grabinger moved a Resolution to approve the request from Main
Street Downtown Association to close 1st Avenue South from 1st Street to 3rd
Street and from alley to alley on 2nd Street South from 12:00 Midnight,
Thursday, July 17, 2008, to 6:00 PM, Friday, July 18, 2008, for Crazy Days.
Seconded by Council Member Schulz. Roll Call No. 13 showed: 5 ayes, 0 nays,
0 absent. Carried.

Council Member Heinrich moved a Resolution to approve the request from the
Main Street Downtown Association to close various downtown
streets/avenues/alleys (see attached diagram of area) for the 125th
Anniversary Celebration Street Festival from 12:00 Midnight, Friday, July 4,
2008, to 8:00 PM, Saturday, July 5, 2008. Seconded by Council Member Schulz.
Roll Call No. 14 showed: 5 ayes, 0 nays, 0 absent. Carried.

Council Member Grabinger moved to adjourn. Seconded by Council Member
Schulz. Unanimous aye vote. Carried.

APPROVED:
CLARICE LIECHTY, Mayor

ATTEST:
JEFF FUCHS, City Administrator


JAMESTOWN CITY COUNCIL
SPECIAL MEETING, JUNE 5, 2008
UNOFFICIAL MINUTES

The special meeting of the City Council was called to order by Mayor Liechty
at 8:00 A.M.

Roll Call showed the following members present: Mayor Liechty, Council
Members Heinrich and Grabinger, and City Administrator Fuchs. Absent:
Council Members Schulz and Parisien and City Attorney Dalsted.

Council Member Grabinger presented the recommendation of the search committee
to fill the position of City Engineer.

Council Member Grabinger moved a Resolution to offer the position of City
Engineer to Mr. Reed Schwartzkopf and to set the starting salary at Range 52,
Step 8, on the City Salary Schedule and to allow up to $5,000.00 as a moving
allowance with payment to be made upon submittal of receipts. Seconded by
Council Member Heinrich. Roll Call No. 1 showed: 3 ayes, 0 nays, 2 absent.
Carried.

Discussion was held by the Council Members relative to the City accepting
ownership of the Ice House Dam and the need for repairs to the structure.
Marvin Tokach spoke in support of getting something done to repair the
structure. Paul Mandt spoke relative to his belief that the Corp of Engineers
is the apparent owner of the structure, and Larry Knoblich spoke in
relationship to the navigability of the river and its aesthetic value to the
community.

Council Member Heinrich moved a Resolution to authorize the submittal of an
application to the State Water Commission to request inclusion of repair costs
to the Ice House Dam on their 2009 Management Plan, requesting the City
Attorney to prepare a title opinion relative to the ownership of the Ice House
Dam and the property on which it is located, and to request the Special
Assessment Commission to establish district boundaries for an assessment
district in which to spread the local share of repair costs for the Ice House
Dam. Roll Call 2 showed: 2 ayes (Grabinger and Heinrich), 1 nay (Liechty), 2
absent (Parisien and Schulz). Carried.

Council Member Grabinger moved to adjourn. Seconded by Council Member
Heinrich. Unanimous aye vote. Carried.

APPROVED:
CLARICE LIECHTY, Mayor

ATTEST:
JEFF FUCHS, City Administrator

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