CITY OF GRAFTON CITY COUNCIL MINUTES MEETING OF MAY 8, 2017 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, May 8, 2017. Mayor Chris West presided. Members present: Don Hutson, Chris Lipsh, Shane Mohn, Phil Ray, Brian Sieben, Mary Stark, and Greg Young. Member absent: Dave Fellman. Others present: Nick Hall, Nick Ziegelmann, Russ Geddes, Rock Desautel, Scott Boura, Kevin Sevigny, Alex Droske, 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. Ray and seconded by Mr. Hutson to approve the Consent Agenda as follows: IV. CONSENT AGENDA 4.1 Approval of Minutes: a) City Council special meeting of April 3, 2017 and regular meeting of April 10, 2017. b) Ways and Means Committee meeting of May 1, 2017. 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) #938 Grafton Area Chamber of Commerce b) #939 Michelle Donarski Benefit On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. BILLS, CLAIMS AND ACCOUNTS
It was moved by Mr. Young and seconded by Mr. Lipsh 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. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. REPORTS OF STANDING COMMITTEES On recommendation of the Ways and Means Committee, it was moved by Mr. Mohn and seconded by Mr. Hutson to approve the applications submitted by the Grafton Area Chamber of Commerce for Summerfest events contingent upon all documentation being submitted. All members present voted in favor thereof; Mayor West declared the motion carried. On recommendation of the Ways and Means Committee, it was moved by Ms. Stark and seconded by Mr. Lipsh to approve the application submitted by the Grafton Chamber of Commerce for Summerfest Sip and Shop (wine and beer) for Saturday, June 24 th from 2:00-6:00 p.m. All members present voted in favor thereof; Mayor West declared the motion carried. On recommendation of the Ways and Means Committee, it was moved by Mr. Hutson and seconded by Mr. Mohn to approve the request from Valley Ambulance and Rescue Service, Inc. to sell the 2002 ambulance as they have recently purchased a 2017 Ambulance. All members present voted in favor thereof; Mayor West declared the motion carried. On recommendation of the Public Utilities Committee, it was moved by Ms. Stark and seconded by Mr. Sieben to approve first reading of an ordinance entitled, AN ORDINANCE OF THE CITY OF GRAFTON, NORTH DAKOTA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF GRAFTON, BE AMENDED BY ADDING A SECTION TO BE NUMBERED ; PROVIDING FOR POSSESSION OF MARIJUANA IS UNLAWFUL, MEDICAL MARIJUANA DEFENSE. On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. seconded by Mr. Ray to accept the bid from Border States for the 1/0 wire at $2.06/ft for approximately $5,500 and from Dakota Supply Group for the 4/0 wire at $2.295/ft. for approximately $18,500. Bids received were from: Resco $2.28/ft (1/0 wire) $2.64/ft (4/0 wire), Border States $2.06/ft (1/0 wire) $2.60/ft 4/0 wire), and Dakota Supply Group $2.25/ft (1/0 wire) $2.295/ft (4/0 wire). On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. On recommendation of the Public Utilities Committee, it was moved by Ms. Stark and seconded by Mr. Sieben to accept the bid submitted by Sanitation Products in the amount of $87,978 for a sewer vac machine. Other bids received were from Vermeer for $114,232.04, which did not meet minimum specifications and Normot Equipment for a used combination jetter and vac
machine; Mr. Desautel said the City does not need a jetter because one was purchased last year, the machine is 10 years old, and they want $80,421 with a 30 day warranty. On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. seconded by Mr. Ray to accept the bid from Kieley Electric for a 30 kw Interstate generator at Monsons lift station and a 70kW Interstate generator at Hill Avenue lift station including installation for $56,215. Bids received were: Samson Electric $59,968 for Interstate generators and $49,346 for Cummins generators, Rock s Electric Construction Inc. $47,159 for Generac generators, and Kieley Electric $56,215 for Interstate generators and $62,965 for Cummins generators. The Generac generators do not meet the City s weather package requirements; the Interstate generators meet the City s winter package requirements and the higher priced Cummins met the City s specs. On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. seconded by Ms. Stark to approve the application for a special event alcoholic beverage license from Grafton Company d/b/a The Extra End to extend its alcoholic beverage license to the former Generations building for the Zack Latraille wedding dance on Saturday, June 10 th from 3:00 p.m. to 12:00 a.m. contingent upon private security guards being hired to police the event. All members present voted in favor thereof; Mayor West declared the motion carried. REPORTS OF SPECIAL COMMITTEES Mr. Lipsh reported a public hearing was held at the Economic Development Committee on May 3 rd to consider comments relating to the Renaissance Zone application submitted by Michael Moore for the Grafton Central Apartments, LLC. On recommendation of the Economic Development Committee, it was moved by Mr. Hutson and seconded by Ms. Stark to approve the Renaissance Zone application as submitted. It was reported Mr. Moore did not receive the HIFF funds but the Committee recommended approval of the Renaissance Zone application in case other funding is found for this specific project. If the property is sold the new property owner would have to reapply. On roll call vote the following voted in favor thereof: Mr. Hutson, Mr. Lipsh, Mr. Mohn, Mr. Ray, Mr. Sieben, Ms. Stark, and Mr. Young. Those opposed: None. Member absent: Mr. Fellman. Mayor West declared the motion carried. Mr. Lipsh reported the Economic Development Committee approved a request for $1,500 from North Valley Vo-Tech for the Entrepreneur Camp at the Grafton Middle School. UNFINISHED BUSINESS Jon Markusen, Kadrmas, Lee & Jackson, provided an update on the Flood Risk Reduction Project explaining they are still working to obtain a partial contract for some of the construction portions of the project and they have been in contact with the State Water Commission regarding
that matter. The State Water Commission is reviewing the impact report and they have some questions on it; KLJ is responding to the questions in a memo to answer and clarify the questions in hopes of reaching a resolution. The right-of-way acquisitions for the last parcels are nearly complete. Utility companies are starting to relocate lines: Walsh Water is working on lowering and moving some lines; KLJ has staked for Nodak Electric and Polar Communications; Minnkota Power plans to start working north of town; KXPO is starting to relocate their line today; the City has signed an agreement with WBI (MDU) and they are finishing their design and lines will be relocated later this year; Century Link has provided information that indicates there are more lines than what was initially thought so they are still working with them. Mr. Markusen said the goal is to have most of the utilities out of the way this summer so when the contractor is ready to begin they will not have to wait for that. Mr. Markusen said they have made some good progress with both Burlington Northern and Dakota Northern railroad. Shooflies are planned for the track that goes to Nash and the track that goes to Drayton; he explained that a shoofly is a temporary railroad bypass for the train to go around. BNSF is reviewing the plans right now and he is hoping to receive approval soon so they can be built. For the middle rails they have requested approval from BNSF to do a staged construction plan; whereby BNSF will give two week work windows where work can be done and then be off a week if they need to take trains out of their storage area. There are a couple crossings that have to be moved by Dakota Northern; they are scheduled and DN has ordered the materials so as soon as materials arrive they will begin work. Mr. Markusen explained the City will need to have construction maintenance agreements for each of the locations where railroad bridges will be constructed. KLJ continues negotiations with the railroads and KLJ with the City are considering closure of unsignalized crossings at 2 nd and 3 rd Streets and have discussed if those crossings were closed, what could the City receive in exchange for that as far as ownership and maintenance of the railroad structures. They have had some meetings with the railroad and the railroad will send some updated construction agreements this week where it looks like they would own and maintain the structures and have future replacement of those in exchange for 2 nd and 3 rd Street crossing closings and then there will be a smaller sum of cash ($300,000- $500,000) for the bridge that goes to Drayton. Mr. Markusen said negotiations have been going well, but the City would have to go through a legal process to close the 2 nd and 3 rd Street unsignalized railroad crossings. Mr. Markusen reported the State Water Commission has indicated it will be approximately 4 weeks for review of the impact statements so bids would not be able to happen until mid to late summer. Mayor West also sent a letter to Governor Burgum regarding the impact statements and he is waiting for a reply. NEW BUSINESS The Council considered the application submitted by Marvin Brown from Grafton Living L.P. to rezone 725 Birch Court from R-3 Multi Family to B-2 General Business District. Building Official Scott Boura explained this request was to be considered at the Planning and Zoning Commission meeting last week but there was no quorum for the meeting. Mr. Brown wants to construct a double row of metal storage buildings using as much of the existing foundation left from the demolition of an apartment building, as possible. Mr. Boura has heard concerns about the visual appearance of such a structure in the neighborhood. Mr. Mohn said he would like the storage units to be aesthetically appealing to the residents who have to look out their windows at the property. Mr. Lipsh said he talked to different people in the neighborhood and no one
thought that property would ever be turned into a business district but expected it would be an apartment building. He said the neighbors didn t think the increased traffic from a storage facility was the best thing for the neighborhood and they had issues with security, debris caught in chain link fence, increased criminal traffic, etc. City Administrator Ziegelmann advised the Council keep in mind that if the property is zoned as a B-2 District the owner of the property, or future owners, could put anything that is permitted in a B-2 District onto that site. It was moved by Mr. Lipsh and seconded by Mr. Mohn to table the matter until more information is received. All members present voted in favor thereof; Mayor West declared the motion carried. A request was received by John Tweten to amend gaming hours. Administrator Ziegelmann advised that no action is needed at this time and recommended the request be referred to the Ways and Means Committee for consideration next month. He suggested talking with the bar owners as well as the nonprofit organizations in town to see if they want extended hours. Council concurred. CORRESPONDENCE AND ANNOUNCEMENTS A Special City Council meeting is scheduled for Monday, May 15 th at 5:30 p.m. Mayor West announced he received a copy of a letter addressed to Police Chief Dumas from Unity Medical Center Director Alan O Neil thanking the Grafton Police Department for their excellent service when working with an emergency room situation where law enforcement was called in to assist with a patient. He said the support of the Police Department was very much appreciated by all of the medical staff. Mayor West thanked the Police Department for their good work. The Make a Wish Foundation is looking for volunteers within the Grafton community who would be willing to serve on their Board. Mayor West asked that anyone interested in serving on the Board contact him. A thank you note was received from the Grafton Senior Citizens for the Self Help grant funds they received. ADJOURNMENT It was moved by Mr. Hutson, seconded by Mr. Young and carried to adjourn the meeting. Connie A. Johnson, City Auditor * * * * * * * * * * Chris West, Mayor