City Council

JAMESTOWN CITY COUNCIL AGENDA REGULAR MEETING, MAY 5, 2025, 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, April 7, 2025 B. Minutes of the Special City Council meeting, April 24, 2025 C. Minutes of the Board of Equalization meetings, April 8, 2025 and April 24, 2025 D. Minutes of the committee meetings, April 22, 2025 and April 24, 2025 Moved by CM _____. Seconded by CM _____. 4. BIDS: A. Opening bids for the 2025 Watermain Replacement Project, Section 1. B. Opening bids for the 2025 Watermain Replacement Project, Section 2. 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 the application from Divine Market & Salon, LLC (Savanna Protextor) for a Property Tax Exemption for Improvements to a Commercial Building under N.D.C.C. Ch. 57-02.2, which property is located at 110 2nd St NW, (Jamestown, Original, Block 24, Lot 8, parcel number 74-5116150). B. Resolution to approve the request from the Jamestown/Stutsman Development Corporation (JSDC) to approve the JSDC 2026 Budget. C. Resolution to approve the requests for gaming site authorizations for the period July 1, 2025 through June 30, 2026, for the following: a. James River Aerie #2337 FOE for Tanata Enterprises Inc (Frontier Fort Bar & Grill); b. Knights of Columbus for the Jamestown Council Knights of Columbus #1883 (Club 1883), Oviatt LLC (Corner Bar), Middles LLC (Fred’s Den), Shobha Hospitality LLC (Tapps Lounge), Jonny B’s LLC (Jonny B’s Brickhouse) and Oviatt LLC (Hidden River Acres); c. North American Bison Discovery Center for Jamestown Country Club (Elks Lodge #995); d. Progress Enterprises for Blazer Inc (Shady’s), Progress Enterprises Inc (Buffalo Bar & Lanes) and Buffalo Grill LLC (Buffalo Grill) e. Vet’s Club, Inc., for Vets Club Inc (All Vets Club) f. Jamestown Hockey Boosters Inc. for Badlands Mercantile, LLC (The Wooly) and Spirits Bar and Grill, LLC (Spirits Bar and Grill) D. Resolution to approve the request from North American Bison Discovery Center, for a site authorization to conduct gaming at Hidden River Acres on Wednesday, June 11, 2025. E. Resolution to approve the sale of the old score tables to Jamestown High School and direct the city attorney to draft the agreement. F. Resolution to approve Change Order No. 2 to Ferguson Waterworks, in the amount of $97,500 for the Water Meter Replacement Project #24-61. G. Resolution to approve Change Order No. 3 to Ferguson Waterworks, in the amount of $3,500 for the Water Meter Replacement Project #24-61. H. Resolution to approve the quote from Manning Mechanical Inc. for the Pipe Removal and Installation of interior water plant piping project in the amount of $48,600. I. Resolution to approve the functional class NDDOT map with changes, contingent upon NDDOT approval. J. Resolution to approve Payment No. 8, to Ferguson Waterworks, for construction on the Water Meter Replacement Program Project #24-61, in the amount of $57,600.00. K. Resolution to approve Payment No. 15 (Inv 101820), to AE2S, LLC, for Water & Sewer Instrument & Control Panel Upgrades Project #24-62, in the amount of $5,886.37. L. Resolution to approve Payment No. 3 (Inv 08387.11-3), to SRF Consulting Group, Inc., for 2025 Jamestown Planning and Zoning Technical Services, in the amount of $1,697.40. M. Resolution to approve Payment No. 124 (Inv 101253), to AE2S, LLC, for On Call engineering services (I&C Water) for a total amount of $1,004.25. N. Resolution to approve Payment No. 1 (Inv 57756), to Interstate Engineering Inc., for engineering services on Replacement of Interior Piping at Water Treatment Plant, in the amount of $2,442.50. O. Resolution to approve Payment No. 2 (Inv 57752), to Interstate Engineering Inc., for engineering services on 4th Ave E Rehabilitation from 10th St SE to 5th St NE, in the amount of $21,410.99. P. Resolution to approve Payment No. 2 (Inv 57754), to Interstate Engineering Inc., for engineering services on MSW Title V Air Permit, in the amount of $1,630.50. Q. Resolution to approve Payment No. 5 (Inv 57751), to Interstate Engineering Inc., for engineering services on New Roof on Southside Fire Station, in the amount of $1,685.00. R. Resolution to approve Payment No. 11 (Inv 57750), to Interstate Engineering Inc., for engineering services on New Inert Landfill Cell, in the amount of $2,527.50. S. Resolution to approve Payment No. 11 (Inv 57749), to Interstate Engineering Inc., for engineering services on Project #24-72 McElroy Sanitary Forcemain Relocation, in the amount of $461.85. T. Resolution to approve Payment No. 16 (Inv 57755), to Interstate Engineering Inc., for engineering services on Project #24-61 Radio Read Water Meters, in the amount of $11,504.60. U. Resolution to approve Payment No. 18 (Inv 57757), to Interstate Engineering Inc., for engineering services on Water Treatment Plant Lime Sludge Filter Press Replacement Procurement and Installation Contracts, in the amount of $42,272.50.  V. Resolution to approve Payment No. 18 (Inv 57747), to Interstate Engineering Inc., for engineering services for 2023 Water Main Improvement District #23-61, in the amount of $1,776.45. W. Resolution to approve Payment No. 28 (Inv 57748), to Interstate Engineering Inc., for engineering services on Project #23-62 North West Booster Station, in the amount of $1,125.00. X. Resolution to approve Payment No. 359 (Inv 57753), in the amount of $10,083.90, to Interstate Engineering, Inc., for engineering services on various city department consultations as follows: a) (General), in the amount of $5,753.40; b) (Streets), in the amount of $625.00; c) (Sewer), in the amount of $125.00; d) (Water), in the amount of $1,913.00; e) (Solid Waste), in the amount of $1,182.50; f) (Storm Water), in the amount of $485.00. Y. 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. Z. 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. To approve and authorize the issuance of the $1,618,000 City of Jamestown, Water Treatment Improvement Bond, Series 2025C, to the North Dakota Public Finance Authority at an annual net interest rate of 1.5%. Moved by CM ____. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. B. To approve filing an application with the North Dakota Department of Environmental Quality for a loan under the Clean Water Act and/or Safe Drinking Water Act to aid in the construction of the 2025 Water Main Improvement District #25-61. Moved by CM ____. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. 7. COMMITTEE REPORTS: 8. ORDINANCES: A. FIRST READING: An ordinance to amend and re-enact Ordinance No. 1556, Appendix C-Zoning Regulations: a. Section 2.2- Definitions (new definition for Storage Container) b. Section 6.4- Zoning and Land Use Table c. Section 7.9E- Storage Containers Moved by Council Member _____. (No second required) B. PUBLIC HEARING: To amend and re-enact Section 32-3.2 of the City Code related to Flood Damage Prevention to meet the FEMA and the National Floodplain Insurance Program (NFIP) requirements. C. SECOND READING: Ordinance No. 1591, introduced by Council Member Phillips, to amend and re-enact Section 32-3.2 of the City Code related to Flood Damage Prevention to meet the FEMA and the National Floodplain Insurance Program (NFIP) requirements. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. D. PUBLIC HEARING: To grant Otter Tail Power Company a continued franchise to maintain its system within the City for a ten-year period. E. SECOND READING: Ordinance No. 1592, introduced by Council Member Steele, to grant Otter Tail Power Company a continued franchise to maintain its system within the City for a ten-year period. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. F. PUBLIC HEARING: To amend and re-enact Section 1-10 of the City Code to increase Municipal Court fees. G. SECOND READING: Ordinance No. 1593, introduced by Council Member Kamlitz, to amend and re-enact Section 1-10 of the City Code to increase Municipal Court fees. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. H. PUBLIC HEARING: To amend and re-enact Section 17-12 of the City Code relating to the prohibition of junk. I. SECOND READING: Ordinance No. 1594, introduced by Council Member Phillips, to amend and re-enact Section 17-12 of the City Code relating to the prohibition of junk. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent.  J. PUBLIC HEARING: To prohibit camping on public property in the City of Jamestown by adding Article LIII of Chapter 22 to the Code of the City of Jamestown. K. SECOND READING: Ordinance No. 1595, introduced by Council Member Schloegel, to prohibit camping on public property in the City of Jamestown by adding Article LIII of Chapter 22 to the Code of the City of Jamestown. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. L. PUBLIC HEARING: To amend and re-enact Section 21-16-04.1 of the City Code relating to campers. M. SECOND READING: Ordinance No. 1596, introduced by Council Member Phillips, to amend and re-enact Section 21-16-04.1 of the City Code relating to campers. Seconded by CM ____. Roll Call No. __: __ ayes, __ nays, __ absent. 9. APPOINTMENTS: 10. MAYOR AND COUNCIL MEMBER’S REPORT: 11. OTHER BUSINESS: A. To consider 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 Matthew Perkins d.b.a Eagles Nest, LLC, (Lot 1, Block 2, Harold P. Bensch Addition) pending approval by the State of North Dakota Department of Commerce, Division of Community Services. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. B. To consider approving the Interest Buydown Agreement PACE Program between the City of Jamestown, the Bank of North Dakota, and J&K LLC, for the purpose of a buy down on the interest for the loan received by J&K LLC from First Community Credit Union, for which the City of Jamestown has agreed to provide an in-kind commitment valued at $48,275.47 in lieu of cash toward the project and authorize the Mayor to sign the documents. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. C. To consider the award of the 2025 Watermain Replacement Project, Section 1, to ___________, in the amount of $__________________, contingent upon NDDEQ approval. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent.  D. To consider the award of the 2025 Watermain Replacement Project, Section 2, to ___________, in the amount of $__________________, contingent upon NDDEQ approval. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. E. To consider awarding the bid from Industrial Builders Inc., for the ND DOT Project TAU-2-987(045), PCN 23913-Pedestrian Bridge Replacement Park District #24-21 in the amount of $2,569,910.59. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. F. To consider approving the Letter of Intent to Meet Conditions and Request for Obligation of Funds from USDA Rural Development for the 96-inch diameter Storm Water Disaster Project (City Project #25-71) for up to $2,357,000 in grant funds and authorize the Mayor to sign the documents. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. G. To consider approving Amendment 1 to the Agreement for Cost-Share Reimbursement with the North Dakota State Water Commission for Jamestown Lime Sludge Filter Press & Recycle/Reuse Project for an additional $749,550 in cost-share and authorize the Mayor to sign the agreement. Moved by CM ___. Seconded by CM __. Roll Call No. _: __ ayes, __ nays, __ absent. 12. ADJOURNMENT: Moved by CM _______. Seconded by CM _______.