City Council

JAMESTOWN CITY COUNCIL AGENDA REGULAR MEETING, OCTOBER 7, 2024, 5:00 P.M. COUNCIL ROOM, CITY HALL JAMESTOWN, ND 58401 Public meeting agenda and minutes can be found at www.JamestownND.gov or contact us at info@JamestownND.gov or 701-252-5900. Access the meeting remotely through Microsoft Teams. The link and phone will be available at 4:45 PM. The meeting begins at 5:00 PM. Please remember to mute your computer or phone. We do not automatically mute participants. Join on your computer or mobile app: Click here to join the meeting. Contact Info@JamestownND.gov for the video link at least two hours prior to the meeting. Or Phone 701-566-9575, Conference ID: 169 957 098 # 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE: A. Roll Call: 2. PUBLIC HEARING: A. HEARING FROM THE AUDIENCE: (Individuals may address the City Council about any item not contained on the agenda. A maximum of 15 minutes is allotted for the hearing. If the full 15 minutes are not needed, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the hearing, with the exception of referral to staff or Committee.) 3. APPROVAL OF MINUTES: A. Minutes of the regular City Council meeting, September 3, 2024 B. Minutes of the committee meetings, September 24, 2024, and September 26, 2024 Moved by CM _____. Seconded by CM _____. 4. BIDS: A. Opening bids for the sale of an impounded/abandoned vehicle. 5. CONSENT AGENDA ITEMS: To provide more time to discuss controversial or disputed issues, the Council will consider the items on the consent agenda together at the beginning of the public meeting. These items are considered to be routine and will be enacted by one motion. If a member of the City Council or public requests to be heard on one of these items, the Council will remove the item from the consent agenda and consider that item individually. A. Resolution to approve to direct the City Attorney to draft a purchase agreement with the City of Berlin, North Dakota, for the used Fire Department generator and authorize Fire Chief Reuther to sign the agreement. B. Resolution to approve to amend the pistol range lease with the Stutsman County Fair Association, transfer the City’s range building to the Stutsman County Fair Association and direct the City Attorney to draft a document. C. Resolution to approve the application for Renaissance Zone Incentives for up to five (5) years, one hundred percent (100%) state income tax exemption and one hundred (100%) five (5) year property tax exemption for Charge on Together Center LLC, (421 1st Ave S) pending approval by the State of North Dakota Department of Commerce, Division of Community Services. D. Resolution to approve the 2024 abatement application for a property located at 105 8th Ave SE, 58401. E. Resolution to approve the 2024 abatement application for a property located at 545 1st St W, 58401. F. Resolution to approve the 2024 abatement application for a property located at 543 1st St W, 58401. G. Resolution to approve the 2024 abatement application for properties located at 1203,1205,1207 and 1209 11th Ave SW, 58401. H. Resolution to approve providing notice to the Stutsman County Commission that the City will withdraw from the Memorandum of Agreement of Joint Library Services effective February 28, 2027. I. Resolution to approve the modified Joint Powers Agreement with Jamestown Parks and Recreation District for forestry services provided by the City for the District. J. Resolution to approve the request for a childcare facility property tax exemption pursuant to Chapter 52-02-08, Subsection 36 of the North Dakota Century Code and 2024 abatement of $156,500. The facility is located at 321 16th Ave NE, Jamestown. K. Resolution to approve to submit a request for exclusion from the BASF PFAS settlement by October 15, 2024. L. Resolution to approve to submit a request for exclusion from each PFAS settlement as other companies join the settlement agreement. M. Resolution to approve the Minor Subdivision, Preliminary/Final Plat Qual Addition, Replat of the South 30 Feet of Lot 4 and All of Lots 5, 6 and 7, Block 4 of Elmwood Park Addition, Within SE ¼ of Section 36, T140N, R64W, City of Jamestown, North Dakota. The property is located at 1509 7th Ave SE, Jamestown, North Dakota. N. Resolution to approve the Minor Subdivision, Preliminary/Final Plat of Walicski’s Fourth Extension, Replat of Lot 1 of Meland 2nd Addition and Part of the N ½, SW ¼ of Section 23, T140N, R64W, Within SW ¼ of Section 23, T140N, R64W, City of Jamestown, North Dakota. The property is located at 1817 Hwy 281 N, Jamestown, North Dakota. O. Resolution to approve the Minor Subdivision, Preliminary/Final Plat of CAD Second Addition, Replat of Lots 3, 4 and 5 of River Bend Addition, Within NE ¼ Section 35, T140N, R64W, City of Jamestown, North Dakota. The property is located at 520 8th St SW, Jamestown, North Dakota. P. Resolution to approve the Minor Subdivision, Preliminary/Final Plat of Hampton Inn Addition, Replat of Lot 5, Block 1 of Platinum Commerce Addition, Within SE ¼ of Section 2, T139N, R64W, City of Jamestown, North Dakota. The property is located at 2700 8th Ave SW, Jamestown, North Dakota. Q. Resolution to approve the Frontier Village tenant lease agreements and rates, which current two-year lease agreements expire December 31, 2024, and direct the City Attorney to draft the lease agreements. R. Resolution to approve the request from Jamestown Tourism and the Jamestown Chamber of Commerce to recommend adoption of the new, united brand refresh, to include new logos, with the Jamestown Area Chamber of Commerce, Jamestown Tourism and the City of Jamestown. S. Resolution to approve the request from Jamestown Tourism to approve Jamestown Tourism forming a new 501(c)3, Jamestown Frontier Attractions, to manage the Frontier Village operations and property. T. Resolution to approve the request from Jamestown Tourism to approve working with Interstate Engineering to apply for a SRF (Special Roads Funds) NDDOT grant to repair the existing Frontier Village retaining wall behind the buildings on the north side of Louis L’Amour Lane. U. Resolution to approve the request from Jamestown Tourism to recommend approving up to a $148,800 local match for the NDDOT Retaining Wall grant application, with $29,000 of the 2024 Public Building Site funds budgeted for the Frontier Village, the 2025 Public Building Site funds budgeted specifically for the Frontier Village retaining wall project ($50,000), and 87% of the 2025 Public Building Site funds budgeted for  Frontier Village operations and maintenance ($69,800). V. Resolution to approve purchasing Waterworth software in the amount of $10,140: $5,640 from the Water Fund and $4,500 from the Wastewater Fund. W. Resolution to approve the plans and specifications for the Replacement Equipment Procurement and Installation of the Water Treatment Plant Lime Sludge Filter Presses, and to authorize the advertisement for bids. X. Resolution to approve the offer from the City of Valley City to purchase a 2000 Sterling Leach truck with a Packer Body, and a 2010 Freightliner Rear-Load truck, for a total of $15,000, with the proceeds to the Sanitation Fund Equipment Replacement. Y. Resolution to approve Payment No. 2, to Swanberg Construction, for construction on the McElroy Sanitary Sewer Forcemain Relocation Project #24-72, in the amount of $63,000.00. Z. Resolution to approve Payment No. 2, to Park Construction Co, for construction on the Inert Landfill Cell #10, in the amount of $273,651.45. AA. Resolution to approve Payment No. 2, to CC Steel, LLC, for construction on the 96 Stormwater Replacement-Phase 2 Project #24-71, in the amount of $333,124.86. BB. Resolution to approve Payment No. 5, to Scherbenske, Inc., for construction on the 2023 Water Main Improvements District 23-61, in the amount of $404,815.10. CC. Resolution to approve Payment No. 5, to LD Concrete, for Construction on the 2024 Sidewalk and Curb & Gutter District 24-11, in the amount of $16,084.57. DD. Resolution to approve Payment No. 5, to Border States Paving Inc., for construction on the 2024 Seal Coat, Patching, Construction and Reconstruction District 24-41, in the amount of $972,791.03. EE. Resolution to approve Payment No. 7 (Inv 97650), to AE2S, LLC, for Water & Sewer Instrument & Control Panel Upgrades, in the amount of $8,178.75. FF. Resolution to approve Payment No. 8 (Inv 08387.10-8), to SRF Consulting Group, Inc., for 2024 Jamestown Planning and Zoning Technical Services, in the amount of $5,080.98. GG. Resolution to approve Payment No. 117 (Inv 97461), to AE2S, LLC, for On Call engineering services (I&C Water) for a total amount of $395.75. HH. Resolution to approve Payment No. 5 (Inv 55763), to Interstate Engineering Inc., for engineering services on Project #24-72 McElroy Sanitary Forcemain Relocation, in the amount of $4,717.30.  II. Resolution to approve Payment No. 6 (Inv 55764), to Interstate Engineering Inc., for engineering services on New Inert Landfill Cell, in the amount of $24,375.85. JJ. Resolution to approve Payment No. 7 (Inv 55765), to Interstate Engineering Inc., for engineering services on Project #24-71 Phase II of 96” Storm Sewer Improvement Repair, in the amount of $37,169.60. KK. Resolution to approve Payment No. 8 (Inv 55768), to Interstate Engineering Inc., for engineering services on Project #23-42 12th Ave SE, in the amount of $410.00. LL. Resolution to approve Payment No. 9 (Inv 55767), to Interstate Engineering Inc., for engineering services on Project #24-61 Radio Read Water Meters, in the amount of $6,199.10. MM. Resolution to approve Payment No. 12 (Inv 55760), to Interstate Engineering Inc., for engineering services for 2023 Water Main Improvement District #23-61, in the amount of $42,207.16. NN. Resolution to approve Payment No. 25 (Inv 55762), to Interstate Engineering, Inc., for engineering services on Project #23-62 North West Booster Station, in the amount of $375.00. OO. Resolution to approve Payment No. 15 (Inv 55761), to Interstate Engineering Inc., for engineering services on Water Treatment Plant Lime Sludge Filter Press Replacement Procurement & Installation Contracts, in the amount of $16,500.00. PP. Resolution to approve Payment No. 351 (Inv 55766), in the amount of $15,682.28, to Interstate Engineering, Inc., for engineering services on various city department consultations as follows: a) (General), in the amount of $5,984.00; b) (Sewer), in the amount of $3,500.00; c) (Water), in the amount of $5,090.78; d) (Solid Waste), in the amount of $880.00 e) (Storm Water), in the amount of $227.50. QQ. Motion to accept the reports of the Municipal Judge, Police Department, Fire Department, Public Works Departments, Inspection Department, Forestry Department, Civic Center, Central Valley Health Unit, and financial status. RR. Resolution on the Budget. TO APPROVE CONSENT AGENDA ITEMS AS PRINTED. Moved by CM ___. Seconded by CM ___. Consent Roll Call No. 1: __ayes, __ nays, _absent.  REGULAR AGENDA 6. RESOLUTIONS: A. PUBLIC HEARING: Concerning the special assessment list for the Seal Coat, Patching, Construction and Reconstruction District #23-41. B. To approve the special assessments for Seal Coat, Patching, Construction and Reconstruction District #23-41, in the total amount of $3,051,974.82, less the City Share of $485,974.82, with the balance of $2,566,000.00 to be assessed to benefited properties within the district. Moved by CM ___. Seconded by CM ____. Roll Call No. ___: __ayes, __nays, __absent. C. To approve the Future Land Use Amendment for Block 1, Lot 3 of Emter Addition, City of Jamestown, Stutsman County, North Dakota from Civic and Institutional use to Commercial use. The property is located at 101 17th St SE, Jamestown, North Dakota. Moved by CM ____. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. D. To consider an ordinance to amend and re-enact Ordinance No. 1556 of the City Code by amending the District Map to change the zoning of Block 1, Lot 3 of Emter Addition, City of Jamestown, Stutsman County, North Dakota from T-1 (Recreation and Tourism District) to C-2 (General Commercial District). The property is located at 101 17th St SE, Jamestown, North Dakota. Moved by CM ____. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. 7. COMMITTEE REPORTS: A. To award the bid for the sale of an impounded/abandoned vehicles to ____, in the amount of $_____. Moved by CM ___. Seconded by CM __. Roll Call No. __: __ ayes, __ nays, __ absent. 8. ORDINANCES: A. PUBLIC HEARING: Concerning the proposed budget for City General and Special Funds for the fiscal period January 1, 2025, through December 31, 2025. B. SECOND READING: Ordinance No. 1582, introduced by Council Member Steele, pertaining to the appropriation of the General and Special Funds for the fiscal year January 1, 2025, through December 31, 2025. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent.  C. SECOND READING: Ordinance No. 1583, introduced by Council Member Kamlitz, pertaining to the appropriation of the Revenue and Special Funds for the fiscal year January 1, 2025, through December 31, 2025. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. 9. APPOINTMENTS: 10. MAYOR AND COUNCIL MEMBER’S REPORT: 11. OTHER BUSINESS: A. To consider a Resolution directing the City Administrator to notify the County that the City of Jamestown should be exempt from the County Library Levy as the City maintains its own library levy. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent B. To consider a Resolution directing the City Administrator to certify the tax levies to the County for the fiscal period January 1, 2024, through December 31, 2024. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. C. To consider a Resolution to approve participation in the Red River Valley Water Supply Project. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. D. To consider a Resolution to approve the sale of three (3) City owned lots within the Harold P. Bensch Addition for a minimum of $2.50 per square foot for Block 1, Lot 1; a minimum of $2.00 per square foot for Block 1, Lot 2; and a minimum of $2.00 per square foot for Block 2, Lot 1, to be advertised as a request for proposals for the purchase and development of the property, with the stipulation that the purchaser, or his or her heirs or assigns, agrees to sell the property back to the City for the original purchase price, if development does not occur within 30 months of purchase in accordance with the development plan submitted as part of original purchase proposal. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent.  E. To consider a Resolution to purchase a building built by Mark and Michelle Watne on city-owned property which is adjacent to 403 26th St SW in the amount of $125,000 with Solid Waste funds, and to direct the city attorney to draft a bill of sale. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. F. To consider a Resolution to approve the US Hwy52 Reconstruction – Section 4(f) Temporary Occupancy Letter and authorize the City Administrator to sign the letter. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. G. To consider a Resolution to approve the functional class NDDOT map with changes. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. 12. ADJOURNMENT: Moved by CM _______. Seconded by CM _______.