City of Minot
Committee of the Whole
Wednesday, November 1, 2017 - 4:15 pm
City Council Chambers



1.

HEARING- JOHANNESON'S, INC. D/B/A MARKETPLACE LIQUOR - NORTH HILL

According to Section 5-32 of the City of Minot Code of Ordinances, no license shall be suspended or revoked without providing the licensee with notice and an opportunity for hearing before the Committee of the Whole with regard to the suspension or revocation of the license.  Zac Miller, the Senior Store Director- West Region, decided to contest the proposed suspension.

As this is the second violation at this location, occurring within a 24-month time frame, the Minot Police Department’s recommended sanction is to require the business to suspend the sale of alcohol for three consecutive days.
2.

MOU BETWEEN NDFA AND MFD

The Minot Fire Department was approached by the NDFA to provide a facility and assistance of personnel and equipment to allow for regional test site located in Minot.  This allows the NDFA to conduct the firefighter I and II hands on testing portion of the certification requirements. 

1. Recommend approval of the Memorandum of Understanding between the North Dakota
Firefighter’s Association (NDFA) and the Minot Fire Department; and
2. Authorize the Mayor to sign the agreement

3.

ASSISTANCE TO FIREFIGHTER GRANT ACCEPTANCE (FD0067)

The fire department applied for a FEMA Assistance to Firefighter Grant to replace all SCBA within the department to comply with the most current National Fire Protection Association (NFPA) standards. The award is for $272,728.00 with a cost match of $27,272.00.  We are requesting that the cost match come from the sales tax improvement fund through a capital budget amendment in 2018.

1.      It is recommended the Committee and Council ratify the acceptance of the FEMA Assistance to Firefighter Grant request from the fire department to replace all self contained breathing apparatus (SCBA) for the department.
2.   
Pass an ordinance amending the 2018 annual budget to reflect the grant award.

4.

RURAL COMMUNITY GRANT ACCEPTANCE (FD0068)

The fire department applied for a Rural Community Grant to replace the SCBA air compressor to comply with the most current National Fire Protection Association (NFPA) standards. The award is for $20,000.00. We have the additional funds within the 2018 budget to complete the project. 
  1. It is recommended the Committee and Council ratify the acceptance of the Rural Community Grant request from the fire department to replace the self-contained breathing apparatus (SCBA) air compressor.
  2. Pass an ordinance amending the 2018 annual budget
5.

NDDES FY 2017 SHSP REGIONAL RESPONSE TEAM GRANT - MINOT PD BOMB TEAM (PD0142)

The Minot Police Department Bomb Team has been awarded the NDDES FY 2017 SHSP Regional Response Team Grant for equipment in the amount of $126,000. The grant funding is to purchase a Live Video X-ray System ($67,000) and a Chemical Identification System for Solids and Liquids ($59,000).

1. Recommend authorization to accept the North DakotaDepartment of Emergency Services (NDDES) FY 2017 State Homeland Security Program (SHSP) Regional Response Team Grant for the Minot Police Department Bomb Team that was originally approved on June 29, 2017 and was awarded on October 4, 2017 ; and
2. Pass an ordinance amending the 2017 annual budget
3. Recommend approval of a call for bids for a Live Video X-ray System and a Chemical Identification System for Solids and Liquids.

6.

FY2016 HOMELAND SECURITY GRANT AWARD- FULL COVERAGE BOMB SUIT

The Minot Police Department Bomb Squad was awarded $49,490 for the purchase of a full coverage bomb suit on the FY2016 Homeland Security Program. This bid request is in fulfillment of the required procedure for expenditure of these funds.

Recommend approval of a call for bids for a full coverage bomb suit for the Minot Police Department Bomb Squad in fulfillment of the FY2016 Homeland Security Grant award.
7.

MUNICIPAL COURT LEGAL REPRESENTATION

City Attorney will be on maternity leave for approximately 12 weeks, beginning mid-December.  The Assistant City Attorney will be the only attorney in the office and will be responsible for handling prosecution cases and all other City legal business.  To address this issue, the City Attorney’s Office has located a local attorney to assist with municipal court prosecutions.

1. Appoint Christene Reierson to represent the City of Minot at Minot Municipal Court for twelve weeks.
2. Compensate Ms. Reierson a total of $12,000.00 for the above described representation and time period.
3. Authorize the Mayor to sign an agreement relating to this appointment.
8.

MUNICIPAL COURT ORDINANCE UPDATES

The City Attorney’s Office has been working with the Police Department to update the municipal ordinances relating to prosecuting traffic and criminal offenses in municipal court.  

1. Approve, on first reading, the attached ordinance updates relating to Chapter 7, Chapter 20, Chapter 21, and Chapter 23.

9.

ODOR CONTROL IMPROVEMENTS (PROJECT NUMBER 4305)

The Sewer Department operates and maintains about 43 lift stations in and around Minot. As such, odor complaints are an ongoing issue the department works with. Over 75% of the City’s wastewater runs through Master Lift Station, and is one such location that regularly receives complaints. In the fall of 2016, Apex completed an odor control study to address the on-going issue at Master Lift. The result of the study indicated a need to reduce hydrogen sulfide concentrations within the sanitary sewer collection system. One of the proposed improvements includes a chemical injection station near Roosevelt Lift Station.

It is recommended the Committee and Council approve the task order agreement with Apex Engineering in the amount of $99,995.00 and authorize the Mayor to sign the agreement.
10.

SPECIALTY RESTAURANT BEER & WINE LICENSE- VORAVUD WONGSUPHAKPHAN DBA THAI HOT 2

It is recommended the Committee and Council approve the request from Voravud Wongsuphakphan, dba Thai Hot 2, for a Specialty Restaurant Beer & Wine License operating at 122 South Main Street Suite G subject to approval by the Police Chief, Fire Marshall, and Building Official.
11.

P4202 – WWTF HYDRAULIC IMP. - RESOLUTION FOR SRF FUNDING

Improvements to the piping from the aeration ponds to the lagoons is needed to provide treatment of the wastewater. SRF funding is available, which is cheaper than bonds.

Recommend approving the attached resolution to apply for a loan from SRF funds and authorize the Mayor to sign the application
12.

2017 STREET IMPROVEMENT DISTRICT AGREEMENT TO ENTER RIGHT OF WAY WITH NDDOT (4247)

As part of a unit in the 2017 Street Improvement District, the 20th Ave SE frontage road from 13th St to 20th St is being reconstructed. A portion of this work includes a realignment near Cummins Diesel that requires some grading work occur in the NDDOT right of way. 

1. Recommend approval of the Enter and Do Work on Right of Way Agreement with the NDDOT and;
2. Authorize the Mayor to sign the agreement retroactively.


 
13.

BURDICK EXPRESSWAY RECONSTRUCTION 9TH TO 15TH ST ENGINEERING CONTRACT AMENDMENT, (4179)

The Burdick Expressway reconstruction is a joint City/NDDOT project. Apex Engineering Group is the City/NDDOT consultant for design and construction observation. The City contracted with Apex to design and inspect the water and sewer portions of this project, which are not eligible for federal funds. After the original scope was developed and the contract was signed, several contract scope changes occurred that have led to the requested amendment.  

1. Recommend approval of the engineering contract amendment with Apex Engineering Group in the amount of $49,756 for the Burdick Expressway Reconstruction; and
2. Authorize the Mayor to sign the amendment 
14.

CONTRACT AMENDMENT – 30TH AVENUE GRAVITY SEWER (3490.5)

The City has been constructing the North Minot Sanitary Sewer System since 2012. This project was the result of a study that was commissioned in 2010 to accommodate rapid growth on the north side of Minot. This was a multi-phase project that consisted of creating a new trunk sewer system around the northwest and northeast parts of Minot to alleviate capacity issues in the Valley Forcemain system.  The 30th Avenue Gravity Sewer is the final phase of the North Minot project. There are several developments with this project that warrant additional compensation to Apex.
  1. Recommend council approve the contract amendment with Apex Engineering in the amount of $120,380.00 for the 30th Ave Sewer Project and 
  2. authorize the Mayor to sign the agreement. 
15.

CONTRACT AMENDMENT – 55th STREET LIFT STATION

The City has been constructing the North Minot Sanitary Sewer System since 2012. This project was the result of a study that was commissioned in 2010 to accommodate rapid growth on the north side of Minot. This was a multi-phase project that consisted of creating a new trunk sewer system around the northwest and northeast parts of Minot to alleviate capacity issues in the Valley Forcemain system.  The 55th St Lift Station project was schedule to achieve substantial completion in June of 2016 and final completion in August of 2016. Final completion was not reached until September of 2017. This delay in completion of the project resulted in additional time spent on the project by Apex. The $7,400 will be deducted from the contractors final pay application for this project as liquidated damages.

1. Recommend council approve the contract amendment with Apex Engineering in the amount of $7,400 and authorize the Mayor to sign the amendment.
2. Authorize the use of contractor liquidated damages to offset the increase in engineering
costs. 

16.

CONTRACT AMENDMENT – PUPPY DOG SEWER PHASE 6 (3020.5)

The Puppy Dog Sewer Improvements project has been under construction since about 2007. This was a long term multi-phase project to accommodate growth on the south side of Minot. Puppy Dog Phase 6 is the last segment of gravity sewer which runs from a manhole on the east side of the Minot Country Club to the Puppy Dog Lift Station. The project has gone through numerous scope changes and the original contract completion date was September 1, 2017. Utility Systems of America still has work to do to complete the project and final completion will probably fall into 2018.  It is estimated there will be in excess of $160,000 in liquidated damages. 

1. Recommend council approve the contract amendment with Ackerman-Estvold Engineering
in the amount of $230,562 and authorize the Mayor to sign the agreement.
2. Authorize the use of contractor liquidated damages to offset the increase in engineering
costs

17.

LANDFILL EXPANSION (PROJECT NUMBER 4306)

In September of 2017 the City of Minot purchased two quarters of land for future landfill use. Prior to making the purchase a pre-application was submitted to the State Health Department. The pre-application did not generate any negative feedback, however now we must submit a full application to modify our existing permit to allow landfilling on the new land. This is a more in-depth analysis of the land looking at additional soil borings, wetland delineation, hydrogeologic investigation, and general site layout and suitability.

1. Recommend council approve the task order agreement with CPS Engineering in the amount of $273,367.00 for the landfill expansion and authorize the Mayor to sign the agreement.
2. Authorize the budget amendment to allow the use of an interfund loan with Water/Sewer funds.

18.

FEMA RISKMAP COMMENTS TO FEMA (3888)

City and Ward County engineering staff with the technical assistance of Ackerman-Estvold have been reviewing the proposed Flood Insurance Rate Maps (FIRM) for technical comments to send to FEMA. The local governments have been given until November 10th to submit the technical comments. 

1. Recommend authorization of the City Engineer to send technical comments on the proposed Flood Insurance Rate Maps to FEMA.
19.

UPDATE STREETS FOR EMERGENCY SNOW ROUTES

Each year Public Works assesses the current snow plan and snow emergency routes and determines what if any changes need to be made and what new road corridors have been added to the street system and adds emergency snow routes. 

It is recommended the Committee and Council approve the updates and routes to the emergency snow removal plan.

20.

THIRD STREET NE / E. UNIVERSITY AVENUE INTERSECTION TRAFFIC SIGNAL EQUIPMENT FAILURE

Traffic signals were originally placed at the 3rd St NE / E. University Ave intersection due to the Broadway reconstruction project, in 2007 - 2008, that shifted traffic to 3rd St NE.  The signals are currently flashing yellow for north / south on 3rd St and red for east / west on University Ave.  The signal cabinet equipment at this intersection is no longer manufactured and spare parts are not available.  Currently, when the intersection is programmed for normal operation, the signal indications will suddenly and irregularly switch in and out of flash operation, which it is not designed to do.  This has caused a very dangerous situation at the intersection which is why traffic department staff has put the signal into flash operation until a permanent decision is made. 

1. It is recommended the Committee and Council grant approval to remove traffic control signals at the 3rd Street NE / E. University Ave intersection and replace with a Two-Way STOP Controlled intersection, with E. University Avenue being the STOP street.

21.

COMMITTEE STRUCTURE AND CITY COUNCIL SCHEDULE

It is recommended the Council discuss the structure of the Committee of the Whole and approve a meeting schedule for the following year.
22.

DRAFT SINGLE FAMILY HOME DESIGN BOOK PRESENTATION

EAPC, an architectural firm, has been contracted through NDR funds to present 5 single home designs with construction specifications which can be used by eligible LMI homeowners.  The draft design book is at a stage where is appropriate to make a presentation to the City Council.