City Council Meeting

Monday, May 19th, 2008



Council Members Present:  Council President Mitskog: Council members Beyer, Wateland, DeVries, Tollefson and Schmidt.

Council Members Absent: Mayor Sturdevant; Council members Hansey and Bohn.

Staff Present:  Coordinator Kessel, Deputy Attorney Bullis, Public Works Director Nelson, Finance Director Huwe, Economic Development Director Priebe, Police Chief Thorsteinson, Librarian MacIver and Assessor Broadland.

Others Present:  Finance Assistant Appell and City Coordinator Assistant Burchill.


Council President Mitskog called the meeting to order at 5:01pm.


Motion by Tollefson, seconded by Wateland to approve the May 5th, 2008 Council Minutes.  Motion carried 6-0.


Motion by Wateland, seconded by DeVries to accept the April 21st, 2008 meeting minutes.  Motion carried 6-0.


Mitskog reminded the group that there will be a public hearing on June 2nd regarding the MIDA bond request by Jay Schuler of Giant Snacks.  Motion carried 6-0.


COORDINATOR KESSEL – Site Authorizations, permits and raffles.

Councilmember DeVries offered the following and moved its adoption:

St. Johns School

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Tollefson, Motion Passed 6-0.


Councilmember DeVries offered the following and moved its adoption:

Three Rivers Gymnastics

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Schmidt, Motion Passed 6-0.


Councilmember Schmidt offered the following and moved its adoption:

Minn-Dak Farmers Coop

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Tollefson, Motion Passed 6-0.


Councilmember Schmidt offered the following and moved its adoption:

Tracy Bommersbach Benefit

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember DeVries, Motion Passed 6-0.


Councilmember Tollefson offered the following and moved its adoption:

Three Rivers Crisis Center

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Schmidt, Motion Passed 6-0.


Councilmember Tollefson offered the following and moved its adoption:

Circle of Nations School

The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember DeVries, Motion Passed 6-0.


Kessel would like to refer to the Public Works/Safety Committee a request to utilize a public parking lot for private use.


Mitskog referred that item.


There is a request for the Finance Committee to review the jail agreement. 


Mitskog agreed and referred that item to Finance/Personnel Committee.


An opening on the Library Board has existed for a while and though they are able to make an appointment at any time, Kessel is suggesting waiting for June to make all appointments to the committees. 


Mitskog agrees with that recommendation.


There is a transmission line routing public meeting at the Eagles Club on May 22nd at 4pm.  They will be discussing the route for transmission line and while it does not look as if it will enter the Wahpeton area, it is beneficial to know their plans. 


Kessel would like for the Public Works/Safety Committee to review whether building permits should be issued to other public entities such as NDSCS. 


Mitskog agreed and referred that item to the PW/PS committee for review. 


There has been a letter written on behalf of the Leach Public Library Board expressing their concern with the maintenance they are currently receiving.  Kessel has asked that the Finance and Personnel Committee review this item. 


Mitskog referred that item to the Finance and Personnel Committee.   



Priebe distributed the activity report covering May 6th to May 19th, 2008.  She stated that there is tentativy a Governor’s Task Force meeting scheduled for Thursday, May 29th at the Hughes Shelter.  More information will follow.  They want to give updates on the strategies thus far to fill the Imation buildings. 


The Renaissance Zone Authority (RZA) is recommending that an application for a project be forwarded to the State of North Dakota. They reviewed a request from Performance Center Inc., (PCI) a potential new tenant who is looking at space on the second level of the opera house building.  They are a tax payer in good standing and the certificate has been received.  The proposed business is for a 48 seat call center and if all of the criteria are met they estimate over 60 positions will be created.  While they do meet the criteria for the RZA guidelines they do not qualify for a property tax exemption.  They may qualify for a state income tax exemption and that is why the RZA is recommending forwarding the application to the State of North Dakota for their consideration.


Motion by Tollefson, seconded by Schmidt to request that the application from PCI be forwarded to the State. 


Mitskog asked Priebe what their timeline looks like for move in.    


Priebe stated that if the owner can complete the project they want to open by July 1st, 2008.  She is unsure of the terms of lease.  She does know that they are working with an accountant on possible income tax savings.


Motion carried 6-0.



Huwe stated that she received an invoice from Service Master of Wahpeton regarding a water claim in the Bois De Sioux Clubhouse.  It was determined that there was a faulty water fountain that caused the water damage.  She is asking that the bill be referred to the Finance Committee for review. 


Mitskog agreed and referred that item to the Finance Committee for review. 



Nelson explained that this next item requires a suspension of the rules to proceed as it was not included on the agenda.  He would like for the council to review the change orders and professional services agreement referred by the Community Center Board.    


Motion by DeVries, seconded by Schmidt to suspend the rules.  Motion carried 6-0.


At the last board meeting they heard a request on four change orders and the professional service agreement.  The first change order totals $3,831 and includes payment for changing duct work in the gymnasium, removing the sink in arts and crafts room to allow for another door and revisions related to kitchen equipment.  The second change order does not have a cost associated with it but it is from the general contractor for door changes and dimensional changes to accommodate existing openings.  The third change order totaled $22,881.45 and includes ten items.  Most items are related to differing conditions.  There were spots under the floor which needed to be filled.  They completed leveling of the floor to take out irregularities.  The doors to the kitchen were changed to double active doors.  The arts and crafts room was changed and electric winches were added for the basket ball hoops.  There were some block repairs and exterior cracking and patching identified.  Included was also a through pressure wash of the interior.  The final change order was for $6,640 and included exterior brick repairs and brick work that was not specified in the contract.  The total for all of the change orders is $33,312.45. Even with the change orders we are still within budget and have been utilizing the 5% contingency fund.  Nelson is requesting approval of the change orders discussed this evening. 


Motion by Beyer, seconded by Wateland to approve the change orders listed this evening totaling $33,312.45.  Motion carried 6-0.  


There is also a recommendation from the Community Center Board for designing and construction staking of the parking lot.  The amount is not to exceed $13,214. Nelson explained that parking lot construction has been in the budget from the beginning.  Design services had been left out but at this point in time Nelson stated that it is not feasible to take this project on in house.  We can attempt to negotiate this price with Interstate Engineering. 


Motion by Wateland, seconded by Beyer to approve the recommendation from the Wahpeton Community Center Board to accept the designing and staking bid from Interstate Engineering for $13,214. Motion carried 6-0. 


Nelson was asked if this was a percentage of the total project cost.  He stated that it is based on total number of hours in various categories and labor.  He estimates it to be 15%.



Finance Committee – No report.


Public Works Committee – Wateland reported that the committee reviewed the pigeon problems downtown.  The awning above Corner Drug is being removed as we speak and they hope that this will resolve a large portion of their problem. 


The Professional Service Agreement with Interstate Engineering was discussed. 


The contract with Waste Management was reviewed and the committee agreed to allow for larger totes to be distributed to residents for recycling.  These new totes will be picked up every other week on the same day as garbage pick up.  The rate increase has been moved from 2009 to 2010 and the contract was extended for three years until 2013.   


The equipment lease for the street sweeper was discussed.  There were five different entities who submitted a bid for this lease and after reviewing all of them the committee voted to keep it local and approved the quote from State Bank and Trust.  The total price from State Bank and Trust is $13,667.65. 





Councilmember Wateland offered the following Resolution and moved for adoption: 



The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember DeVries, and upon vote being taken thereon, the following voted in favor thereof: Beyer, Wateland, Mitskog, Schmidt, Tollefson and DeVries; and the following voted against the same:  None.  Whereupon said Resolution was declared duly passed and adopted, was signed by the Council President, and attested to by the City Auditor.


Beyer asked if the amount changed from what was budgeted. 


Huwe stated that the amount was roughly $2,000 less than what was budgeted.   


Kessel explained that Monday, May 26th is Memorial Day and City Hall will be closed in observance. 


  1. LAWA Bulletin.
  2. Thank you from Twin Town Ambassadors for support of Flowers.
  3. RSVP Recognition Banquet.
  4. LAWA Board Agenda for May 13th, 2008 meeting.
  5. US Census Bureau letter regarding LUCA submission.
  6. Open Meetings/Open Records ND Attorney General’s opinion from Stark County.
  7. CC Kessel notice to Ed Moore regarding liquor license violation hearing.
  8. CC Kessel notice to all liquor license holders who did not successfully comply with compliance check. 
  9. CC Kessel letter to Prante’s regarding Liquor Compliance checks.
  10. CC Kessel letter to liquor license holders who successfully passed liquor compliance checks. 
  11. Community Corps Council minutes April 7th, 2008.
  12. ND Dept. of Commerce letter indicating CDBG grant funds may be expended for Removal of Architectural Barriers – Community Center Project. 

Motion by Tollefson, seconded by Schmidt to approve the reports sent in the mail and in the correspondence book.  Motion carried 6-0. 


BILLS General Fund 38927.79, Water Operating 193538.79, Sanitary sewer op 97321.78, waste removal op 19134.75, waste reduction 13,000, vector control 2096.58, street lighting 7052.25, armory operating 3445.01, library levy 15146.48, advertising levy 10363.85, airport 4mill levy 449.96, planning comm. Fund 12477.28, social security levy 40,000, retirement levy 40,000, annual reserve -3416.68, capital imp fund 6840.69, real estate levy 233912.15, snow/flood emerg levy 10715, levee maint 11916.09, city share of specials 35,000, ambulance levy 2083.33, meter deposits trust 189.84, unemployment comp rsrv 30090.00, econ dev dept 11996.08, misc fund 611.22, vector control dist 73.47, lodging tax 825.86, sales tax operating 31610.09, sales tax rsrv 133539.13, sales tax defaults rsrv 100000, sales tax mini match rsrv 458.35, revolving loan 2141.44, employee bonus misc 30000, gasoline, oil, etc 8483.43, pd digital radio sinking fund 10000, clubhouse maint 3956.56, R/I 9596 250000, R/I 9698 185,611.25, R/I 9800 66103.75, R/I 9902 393090, R/I 70000, R/I 10303 579319, R/I 330208.50, R/I 10506 149148, R/I 10607 126911.77, ˝ cent sales tax 530096.51, 5-2-97 16566.20, Dakota ave reconst 23.00. Motion by Tollefson, seconded by Wateland to approve the bills totaling $4,201,391.55.  Motion carried 6-0.    



The following Committee meetings were then scheduled:

* FINANCE & PERSONNEL Wednesday, May 28th Noon     

* PUBLIC WORKS                             Tuesday, May 27th Noon

* FLOOD                                                                   

* VECTOR CONTROL                                                                      


Nelson gave a brief report on status of flood project.  The Corp of Engineers awarded the stage II contract.  He gave a description of the areas that would be focused on and stated that work would begin the 16th or 22nd of June.  They are expecting to be substantially complete this construction season.


Mitskog asked what would be used as a mode of communications to residents.


There will be public notices and it will be in the news media.  If the residents are close enough we may need staff to go door to door.  All of those items will be worked out at the preconstruction meeting next week. 


Motion by Wateland, seconded by Beyer to adjourn.  Motion carried.  5:35pm




Mayor Sturdevant




Tracy Burchill, City Coordinators Assistant - Minutes respectfully submitted by tpb.