CITY OF GRAFTON CITY COUNCIL MINUTES MEETING OF DECEMBER 12, 2016 The regular meeting of the City Council of the City of Grafton, North Dakota was held in the Council Chambers, City Hall, Grafton, North Dakota at 6:00 p.m. on Monday, December 12, 2016. Mayor Chris West presided. Members present: Dave Fellman, Don Hutson, Chris Lipsh, Shane Mohn, Phil Ray, Brian Sieben, Mary Stark, and Greg Young. Others present: Nick Ziegelmann, Nick Hall, Russ Geddes, Tony Dumas, Kevin Sevigny, Ed Sevigny, Jon Markusen, and Todd Kjelland. CONSENT AGENDA Mayor West asked if any Council member wanted to remove any item from the Consent Agenda. It was moved by Mr. Lipsh and seconded by Ms. Stark to approve the Consent Agenda as follows: IV. CONSENT AGENDA 4.1 Approval of Minutes: a) City Council regular meeting of November 14, 2016. b) Ways and Means Committee meeting of December 5, 2016. 4.2 Reports of Officers: a) City Auditor-Treasurer b) Municipal Judge c) Chief of Police d) Building Official e) Parks and Recreation f) Others, if any 4.3 Game of Chance Application: a) 927 Walsh County Relay for Life On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. BILLS, CLAIMS AND ACCOUNTS It was moved by Mr. Fellman and seconded by Mr. Young that the General, Special, Capital Projects, Debt Service, and Enterprise Funds bills be approved for payment in accordance with the listing submitted; said listing to be a part of these minutes as if herein set out verbatim. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr.
REPORTS OF STANDING COMMITTEES On recommendation of the Public Utilities Committee, it was moved by Mr. Sieben to purchase a new Expedition from Hatton Ford for $22,057.50 with trade of the 2015 Expedition. Ms. Stark seconded the motion. The City did not purchase from the State bid this time as those bids are not eligible for trading in the 2015 Expedition. Chief Dumas reported Hatton Ford actually reduced the price to $20,157.50; the budget is $20,000 for this vehicle. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West On recommendation of the Ways and Means Committee, it was moved by Mr. Mohn and seconded by Mr. Hutson to approve the application for abatement and settlement of taxes submitted by Randy Spielvogel for Lots 1, Block 1, Replat of Lot 1, Block 1 and adjacent vacated School Road; Lots 2-3, North 75 of Lot 4, Block 1 and adjacent vacated alley; Replat of Blocks 1 and 2, Adamsens Addition and reduce the total True and Full Value of the property to $470,000 for the 2014 through 2016 tax years with the understanding the City Assessor would review the value in two years. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West seconded by Mr. Fellman to approve Resolution No. 1724 entitled, A RESOLUTION TO CANCEL OUTSTANDING ABANDONED CHECKS AND METER DEPOSITS PURSUANT TO SECTION 40-16-13, N.D.C.C. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West On recommendation of the Ways and Means Committee, it was moved by Mr. Mohn and seconded by Mr. Hutson to approve the applications for 2017 Retail Alcoholic Beverage Licenses as follows, contingent upon receipt of all outstanding server training information, that the full license fee be paid by TayDer, Inc., and that the taxes and license fee for 12 th Street Bowl be paid: Maher El-Sarraf, LLC d/b/a Last Chance Bar and Grill Polly s Lounge, Inc. d/b/a Polly s Grafton Company d/b/a Extra End Gail Martinson d/b/a Shananigan s Family Restaurant Rosie s Place Too, Inc. - d/b/a Rosie s Place Too Grafton Curlers, Inc. d/b/a Grafton Curling Club TayDer, Inc. d/b/a Marketplace on 8 th Valley Liquors, Inc. d/b/a Hugo s Wine and Spirits Lee s Restaurant, Inc. d/b/a Lee s Restaurant 12 th Street Bowl, LLP - d/b/a 12 th Street Bowl Grafton Golfers, Inc. d/b/a Fair Oaks Golf Course Hart Management, Inc. d/b/a Pizza Hut of Grafton Grafton Hospitality, LLC d/b/a AmericInn Motel & Suites Plains Liquor, LLC d/b/a Cenex Zip Trip #61
On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. On recommendation of the Ways and Means Committee, it was moved by Mr. Fellman and seconded by Mr. Hutson to approve the 2017 Retail Fireworks Licenses for: Cole Neset d/b/a Big Top Fireworks at Leonard Motel parking lot, Bruce Eikenberry d/b/a TNT Fireworks at Hugo s parking lot, and Memory Fireworks at 86 East 6 th Street contingent upon appropriate proof of insurance. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West seconded by Mr. Fellman to renew the Municipal Prosecutor contract with Rob Fleming for a 2 year term, January 1, 2017 through December 31, 2018, at $1,800 per month. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West declared the motion carried. seconded by Mr. Mohn to approve the sale of Lot 1, Block 4, Replat of Blocks 2-3-4, Replat of Dakota Addition to Construction Managers, Inc. for use by the Veteran Administration Clinic. The City Council previously approved the sale of the adjacent Lot 2 for the Veteran Clinic, however Construction Managers, Inc. then asked for Lot 1 for the Clinic and Lot 2 for buffer. Each lot is 1.83 acres and sale price for Lot 1 is $10,000; the City Administrator was authorized to negotiate a sale price for Lot 2 of more than $10,000. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Members opposed: None. Mayor West UNFINISHED BUSINESS Jon Markusen of Kadrmas, Lee and Jackson presented a map showing the 3 mile bypass channel on the north side of town and the tieback levee, which are part of City of Grafton Flood Risk Reduction project. He explained there will be 3 different slopes for the bypass channel due to different soil stabilities. KLJ is working to mitigate wetlands lost at the bottom of the channel and the proposal is being reviewed by the Army Corps of Engineers through the 404 permit process. There will be a rock inlet and rock outlet structure rather than concrete. The concrete structure will be the control structure which will be right near the inlet and that will have the gates that will be operated by the City. Exterior ditches will be along the bypass channel to collect rural drainage so farmers that currently drain that way would drain into the channel. Instead of having many locations draining into the bypass channel, there will be an exterior ditch outside the channel to collect and drain to 4 locations along the north side of the bypass channel. This will alleviate a lot of maintenance or problems along the main channel. There is also the 12.2 mile tieback levee that parallels the channel, goes west of town, south of Hwy 17 one mile, follows the McLeod Drain to the east, and then ties into high ground a few hundred feet east of the bridge. There are interior and exterior ditches along the tieback levee to move water from rural areas. There aren t any penetrations through the tieback levee right now as the water will move outside of the actual levee. Mr. Markusen explained KLJ is following section lines in
fields trying not to cut diagonally through fields or cut up property to stay sensitive to the rural property owners and understanding their farming operations. The standard levee will have 10 top and the road levee will have an 18 top. There are 3 railroad crossings that will need to be shifted and 1 NDDOT structure. The bridges have been reviewed by the railroad and the NDDOT so they are working on getting the construction maintenance agreements and permits in place. The construction cost estimate is $47,400,000. Mr. Lipsh introduced Resolution No. 1725 entitled, RESOLUTION APPROVING ENGINEERS PLANS, SPECIFICATIONS, AND ESTIMATES AND DIRECTING THE ADVERTISEMENT FOR BIDS FOR FLOOD PROTECTION IMPROVEMENT DISTRICT NO. 2014-1 and moved its adoption. Mr. Young seconded the motion. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Mayor West declared the motion carried and Resolution No. 1725 duly adopted. NEW BUSINESS It was moved by Mr. Fellman and seconded by Mr. Young to approve the list of 2016 Budget amendments as presented. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Mayor West It was moved by Mr. Young and seconded by Ms. Stark to approve the 2016 Budget appropriation reserves in accordance with the list submitted. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Mayor West The City Auditor reported Todd Burianek, Attorney for Central School and Dan Gaustad, Attorney for the party purchasing Central School requested the City Council, by a Quit Claim Deed, transfer portions of the alley in Block 42, Original Townsite Addition to clear the title for sale. Many years ago the City transferred property to the Grafton Public School District and apparently there was some question on a portion of the alley so the quit claim deed will clear ownership of the property. It was moved by Mr. Hutson and seconded by Mr. Fellman to authorize the Mayor and City Auditor to execute the quit claim deed to clear the title for Central School property transfer. On roll call vote the following voted in favor thereof: Mr. Fellman, Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Mayor West CORRESPONDENCE AND ANNOUNCEMENTS January Ways and Means and Public Utilities Committee meetings will be held on Tuesday, January 3 rd. Mayor West designated Mary Stark, Brian Sieben and Phil Ray as the Committee to plan the Employee Appreciation Party. ADJOURNMENT It was moved by Mr. Young, seconded by Mr. Ray and carried to adjourn the meeting.
* * * * * * * * * * Chris West, Mayor Connie A. Johnson, City Auditor