City of Minot
Committee of the Whole
Wednesday, August 2, 2017 - 4:15 PM
City Council Chambers

1.

BUILDING RELOCATION REQUEST- 4900 30TH AVE SE

it is recommended the Committee and Council approve the relocation of the single family residence, garage and accessory building from 1313 27th St SW, Minot ND, 58701 also known as Lighthall’s S/D of Outlot 3, Lots 8, 9, 10 & 11, to 4900 30th Ave SE, Minot, ND 58701, also known as Sublot B of Olt 5 of NESW Sec 33-155-82, subject to the following conditions:
1. A ten-thousand dollar completion bond must be posted with the City of Minot prior to issuance of any permits for this work.
2. An approved approach permit assigned to 4900 30th Ave SE issued by Nedrose Township.
3. Application and approval of building permits for all proposed construction.
4. An approved foundation design in compliance with City of Minot building codes.
5. If required: plumbing, electrical and HVAC systems must be brought into compliance with current code requirements of the City of Minot.
6. All work at the new location must be in compliance with City of Minot building codes and zoning ordinances.
7. The exterior of the structure must be one consistent color arrangement of colors after relocation.
8. Applicant must obtain all necessary permits, and coordinate all relocation activities with public utilities and traffic authorities.
9. The property must be provided with proper site drainage, and must be landscaped in a manner similar to surrounding properties.
2.

NDDES FY 2017 SHSP REGIONAL RESPONSE TEAM - MINOT FD

The Minot Fire Department Regional Response Team has applied for the NDDES FY 2017 SHSP Regional Response Team Grant for sustainability fund to include training, exercises, and equipment in the areas of hazardous materials and technical rescue.  We have requested a total package of $151,392. 
  
1. Recommend authorization to apply for and, if awarded, accept the North Dakota Department of Emergency Services (NDDES) FY 2017 State Homeland Security Program (SHSP)
2. Authorize the Mayor to sign the agreement

3.

NDDOT FY 2018 TRAFFIC SAFETY ENFORCEMENT GRANT APPLICATION

The Minot Police Department would like authorization to apply for and accept a grant in the amount of $35,800 from the North Dakota Department of Transportation Traffic Safety Office for the overtime enforcement of Impaired Driving ($18,000), Seat Belt ($7,000), Distracted Driving ($5,800) and Underage Drinking Laws ($5,000). The grant period is October 1st, 2017 – September 30th, 2018. This has been an ongoing annual grant program.

  1. Recommend authorization to apply for and, if awarded, accept the North Dakota Department of Transportation (NDDOT) FY 2018 Traffic Safety Enforcement Grant for the Minot Police Department.; and
  2. Authorize the Mayor to sign the award agreement
4.

FY2017 UNITED STATES DEPARTMENT OF JUSTICE (USDOJ)- BULLETPROOF VEST PARTNERSHIP GRANT (PD0136)

The Minot Police Department requests authorization to apply for and, if awarded, accept the 2017 United States Department of Justice (USDOJ) - Bulletproof Vest Partnership Grant. This has been an ongoing annual grant program which pays 50% of qualified bulletproof vest purchases. We anticipate the need for 20 new and replacement vests (estimated cost of $14,530.00). The maximum amount reimbursed by this grant would be $7,265.00.

This application was submitted on June 30, 2017 in advance of the July 7, 2017 deadline.

1. Recommend authorization to apply for and, if awarded, accept the United States Department of Justice (USDOJ) FY 2017 Bulletproof Vest Partnership Grant for the Minot Police Department; and
2. Authorize the Mayor to sign the award agreement.
5.

2017 BUDGET AMENDMENT - US 83 BYPASS 4-LANE EXTENSION (4040)

North Dakota Department of Transportation (NDDOT), in partnership with the City, is widening the U.S. 83 Bypass to 4 lanes from U.S. 2/52 intersection to the 4th Ave NW interchange. The existing bridges on the bypass will be lengthened to allow additional conveyance for the future flood control design. There will also be a cost for the additional length of the new bridge being built for conveyance. According to the CPM agreement with NDDOT, the City's share will be 28.57%. 60% of this cost will be requested from the State Water Commission cost share as part of the Mouse River flood protection project - Phase 2.

1. Recommend the Committee and Council pass an ordinance to amend the 2017 annual budget to increase Sales Tax Flood Control revenues and expenditures for the U.S. 83 Bypass 4-lane Bridge Extensions.

2. Recommend approval of funds from Sales Tax Flood Control cash reserves in the amount of $523,590.74.
6.

2017 INCREASE RECORDING FEES

The 2017 North Dakota Legislative Session passed Senate Bill 2340, which increased the amount of recording fees on all documents to be recorded on or after August 1, 2017. To date, the City of Minot has collected a flat fee of $25.00 for documents that we have submitted to the Ward County Recorder’s Office. This fee has been used to cover the recording cost and the City staff time to review the documents. Since the fee hasn’t been adjusted in decades, the cost for City staff’s time is not being recovered by the flat $25 fee. 

The Engineering Department recommends the approval of increasing the amount of fees collected by the City of Minot for recording documents at the Ward County Recorder’s office. The fees would be increased to $45.00 for documents with 1 to 6 pages, and $90.00 for documents with 7 to 25 pages, with an additional $3.00 per page over 25 pages.
7.

2017 SIDEWALK ASSESSMENT (4245)

Section 28-80 of the Minot Municipal Code states, it is the duty of the owner to maintain sidewalks adjacent to their properties.

On April 5, 2017, in accordance with Section 40-29-03 of the North Dakota Century Code, the Engineering Department sent certified letters to several property owners providing notice to construct, rebuild, or repair sidewalks adjacent to their properties. 
  1. It is recommended the City Council order the construction, rebuilding, or repairing of sidewalks to be performed by the City's contractor; and
  2. The expense of the cost and administrative fees for sidewalk work be assessed against the benefitting lots or parcels. 
8.

REQUEST FOR PERMANENT ENCROACHMENT WITHIN CITY RIGHT-OF-WAY DOWNTOWN – ANIMAL WASTE DISPENSERS AND YARN BOMBING

  1. Recommend that the City Council approve the encroachment for animal waste dispensers at the locations shown on the attached map, and allow the Minot Street Art Movement to place “yarn bombing” on various pieces of yet to be determined city infrastructure on Main St downtown with the following conditions:
    1. The Owner signing the permit agrees that the costs of maintenance and replacement be their responsibility.
    2. The City Attorney prepare the encroachment permit agreement, including language to protect the City from liability.
    3. The City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason.
    4. The Minot Street Art Movement pays a $100 processing fee.
9.

REQUEST FOR PERMANENT ENCROACHMENT WITHIN CITY RIGHT-OF-WAY – LIONS CLUB CITY BEAUTIFICATION PROJECT

Recommend the City Council approve the encroachment for placement of locally themed artwork on City owned utility cabinets with the following conditions:
  1. The Owner signing the permit agrees that the costs of maintenance and replacement be their responsibility.
  2. The City Attorney prepare the encroachment permit agreement, including language to protect the City from liability.
  3. The City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason.
  4. The Owner signing the permit agree to pay a $100 processing fee.
10.

IMPLEMENTATION OF CITY PAVEMENT MANAGEMENT PLAN

The engineering Department has been working to implement a pavement management program for over eight years.  In 2010, a crude system was developed to estimate pavement condition on all city streets.  This data significantly helped the city after the 2011 flood.  Staff now desires to implement a full-scale pavement management plan for all city streets in Minot.
  1. Recommend that the City Council approve the service contract with Dynatest North America Inc in the amount of $98,200 to create the pavement management plan.  
11.

SWIF ACTION C LEVEE REPAIR, BANK STABILIZATION PLAN APPROVAL (3135.2C)

Levee inspections are completed quarterly in accordance with our SWIF (System Wide Improvement Framework) which is a plan completed by the City to address the levee deficiencies identified by the USACE during their yearly inspections. In order to stay eligible for the PL-84-99 program with the USACE, we must have a plan (SWIF) which outlines our actions to repair the deficiencies.

It is recommended the Committee and Council approve the plans and specifications for the SWIF Action C Levee Repair and bank stabilization and authorize a call for bids.
12.

PHASE 1 FLOOD PROTECTION PLANS AND SPECS APPROVAL (3529)

The plans and specifications for phase 1 of the MREFPP are done, approved by the USACE and are ready to proceed. These sections of the permanent flood protection are from the west side of Broadway, where a large storm water pump station will be constructed, to the east side of 3rd Street.
  1. Recommend approval of the Plans and specifications for phase 1 of the MREFPP and authorize bidding; and
  2. Adopt a resolution establishing compliance with reimbursement bond regulations under the internal revenue code officially declaring the intent to finance the project by using tax exempt bonds
13.

PHASE 2-3 FLOOD PROTECTION PLANS AND SPECS APPROVAL (3529)

The plans and specifications for phase 2 and 3 of the MREFPP are done, approved by the USACE and are ready to proceed. These sections of the permanent flood protection are from the west Highway 83 Bypass to 16th Street (phase 2) and from 16th Street to the CP Railroad bridge, or beginning of the Maple Diversion (phase 3).
  1. Recommend approval of the Plans and specifications for phase 2 and 3 of the MREFPP and authorize bidding; and
  2. Adopt a resolution establishing compliance with reimbursement bond regulations under the internal revenue code officially declaring the intent to finance the project by using tax exempt bonds
14.

WINERY LICENSE – URBAN WINERY, LLC DBA URBAN WINERY

The City received a request from Urban Winery, LLC dba Urban Winery for a Winery License at 6 North Main Street # 103. All documentation has been submitted and is being reviewed by the appropriate departments. 

It is recommended the Committee and Council approve the request from Urban Winery, LLC dba Urban Winery for a Winery License subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal.
15.

SUPPER CLUB LICENSE- BAB HOLDINGS, LLC DBA 10 NORTH MAIN

The City received a request from BAB Holdings, LLC dba 10 North Main for a Supper Club License at 10 N. Main Street. All documentation has been submitted and is being reviewed by the appropriate departments.

It is recommended the Committee and Council approve the request from BAB Holdings, LLC dba 10 North Main for a Supper Club License at 10 N Main Street, subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal.
16.

GAMING SITE AUTHORIZATION – MINOT HOCKEY BOOSTERS, INC. – THE ORIGINAL

The City received proper documentation and fee from Minot Hockey Boosters, Inc. to conduct games of chance at The Original (720 N Broadway). 

Recommend approval of the Site Authorization from Minot Hockey Boosters, Inc. to conduct pull tabs at The Original (720 N Broadway) for the period of September 1, 2017 through June 30, 2018 and to conduct bingo, raffles, twenty-one, and pull tabs from October 1, 2017 through June 30, 2018.
17.

REVIEW OF NUISANCE ANIMALS ORDINANCE (DEER, TURKEY, GEESE)

A recommendation will be provided by Chief Olson at the time of the meeting.
18.

CMCO CHAPTER 7 (ANIMALS AND FOWL) SECTION 7-5 (KEEPING OF CERTAIN ANIMALS PROHIBITED; EXCEPTION)

A recommendation will be provided by Chief Olson at the time of the meeting.
19.

ADMINISTRATIVE APPROVALS

It is recommend the Committee and Council ratify the following administratively approved requests:
  1. Magic City Youth Baseball to conduct raffles throughout the 2017-2018 season at Corbett Field/Hoeven Field
  2. The Tap Room for a special event permit from July 8, 2017 through July 16, 2017 at 10 Blk First Ave SE
  3. The Spot for a special event permit on July 9, 2017 at #6 2nd St NE
  4. Independence, Inc. to conduct a raffle on July 20, 2017 at the Scandinavian Park (1020 S. Broadway St.)
  5. 5 Security Forces Squadron Defender’s Association to conduct a raffle on December 8, 2017 at Sleep Inn & Suites (2400 10th St SW)
  6. The Louviere Family Charity to conduct a raffle on July 20, 2017 at Taco John’s (623 N. Broadway)
  7. Blue Rider was denied a special event permit on July 15, 2017 at 118 1st Ave SE
  8. Cookies for You for a special event permit on August 5, 2017 at 117 Main St. S.
Documents:
  1. Admin Approvals.pdf
20.

PROPOSED ORDINACE TO CHANGE TRAFFIC CONTROL AND ON STREET PARKING AT THE 10th STREET / 2nd AVENUE SW INTERSECTION

Field observations suggest that stop control and restricting on‐street parking will enhance
traffic operations for maneuvers onto the major street.
  1. Recommend Committee and Council approve an ordinance to change the 10th St / 2nd Ave SW intersection from a yield control intersection to a stop controlled intersection.
  2. Recommend Committee and Council approve an ordinance to restrict on-street parking on the north side of 2nd Ave SW, beginning at 10th St SW ending 130’ to the west.