City of Minot

Monday, June 21, 2021 at 5:30 PM

City Council Chambers, City Hall

This meeting will be conducted with social distancing modifications consistent with the recommendations of the CDC. Members of the public may attend but are encouraged to view the live airing of the City Council meeting on Channel 19 or streamed through the City’s YouTube channel.


1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

CITY MANAGER REPORT

4.

APPLICATIONS FOR BUDGET CONSIDERATION

The annual budget for the City of Minot typically includes requests for funding from local organizations. The budget process will include brief presentations from those organizations to explain their funding request and allow Council the opportunity to ask questions prior to making budget decisions. 

5.

CONSENT ITEMS

5.1.

MAYORAL APPOINTMENTS

It is recommended the City Council confirm the following Mayoral appointments:

MAGIC Fund Committee

Kelly Perrin appointed from the financial community with a term to expire June 2024.

Heating & Air Conditioning Board

Floyd Hanson reappointed with a term to expire June 30, 2023

Travis Mowbray reappointed with a term to expire June 30, 2023

Plumbing Board

Timothy Feist reappointed with a term to expire June 30, 2023

5.2.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the June 7, 2021 regular City Council meeting and the May 24, 2021 special Council meeting.

5.3.

THE FOLLOWING ORDINANCES SHOULD BE CONSIDERED ON SECOND READING

  1. Ordinance No. 5583 Zoning District Change- Galusha Ranch 2nd Addition
  2. Ordinance No. 5612 - Zoning Map Amendment from C4 to C2 with a PUD Overlay on Lot 8, Dakota Square 2nd Addition 
  3. Ordinance No. 5614 - Amend the 2021 Annual Budget- 16th St and 37th Ave SW mill and overlay
  4. Ordinance No. 5615 - Amending CMCO Chapter 9-6 as it relates to fuel-fired appliances and future installations
  5. Ordinance No. 5616 - Amending CMCO- Craftsman License Fees by Resolution
  6. Ordinance No. 5617 - Amend the 2021 Annual Budget- City Economic Development Activities
5.4.

ADMINISTRATIVE APPROVALS

It is recommended the City Council ratify the attached administratively approved requests.

5.5.

PAVING DISTRICT 499 - FAMILY REC ADDITION - AWARD BID (4591)

This improvement district is a petitioned project brought forth by the Minot Park District and previously approved by Council. This project provides access to and parking for the Minot Park District’s Day Use Park located off County Road 15 W. This area is also known as Family Recreation Addition. 

Recommend that Council:

  1. Award the bid for Paving District 499 to the low bidder, Strata Corporation, in the amount of $1,241,160.65.
  2. Authorize the Mayor to sign the Agreement.
5.6.

SWIF ACTION F - OUTFALL PIPE CLEANING - AWARD OF BID (PROJECT NUMBER 3135.2F)

On Monday June 14, 2021, bids were opened for the SWIF Action F Project.  The project removes the silt that has built up in the large pipes and gate well structures that control the flow in and out of the dead loops in Minot.  This is the final portion of the work that comprises our original SWIF plan for repair and maintenance of the existing flood control/levee system in Minot.

  1. Recommend approval of the low bid submitted by Subsurface, Inc, in the amount of $396,192.00
  2. Authorize the Mayor to sign the contract on behalf of the City.
  3. Approve a budget amendment to move funds from reserves to Street Department Levee Maintenance.
5.7.

4577 – BEL AIR ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL – TRANSPORTATION ALTERNATIVES GRANT AWARD

In December 2020, and with approval by the City Council, the City of Minot applied for Transportation Alternative funds to provide safe routes to Bel Air elementary by constructing a critical hillside pedestrian pathway along 25th Street NW and 10th Avenue NW.  Transportation Alternative funds for Fiscal Year 2023 were awarded to the City of Minot on May 4, 2021 with a maximum amount of $290,000 representing up to 80.93% of the total estimated construction cost to the project to construct the safe route sidewalks. The NDDOT needs confirmation from the City by June 30, 2021 that the city will accept the funds and proceed with the safe routes to school project. 
  1. Recommend acceptance of federal Transportation Alternative (TA) funds in the amount of $290,000.00.
  2. Authorize staff to start the design engineering and subsequent construction services.
  3. Authorize staff to complete the project to provide safe routes to school for Bel Air Elementary.
5.8.

4581 – WASHINGTON ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL – TRANSPORTATION ALTERNATIVES GRANT AWARD

In December 2020, and with approval by the City Council, the City of Minot applied for Transportation Alternative funds to provide safe routes to Washington Elementary by constructing a missing pedestrian link along Hiawatha Street. Transportation Alternative funds for Fiscal Year 2024 were awarded to the City of Minot on May 4, 2021 with a maximum amount of $258,151 representing up to 80.93% of the total estimated construction cost to the project to construct the safe route sidewalks. The NDDOT needs confirmation from the City by June 30, 2021 that the city will accept the funds and proceed with the safe routes to school project. 
  1. Recommend acceptance of federal Transportation Alternative (TA) funds in the amount of $258,151.00.
  2. Authorize staff to start the design engineering and subsequent construction services.
  3. Authorize staff to complete the project to provide safe routes to school for Washington Elementary. 
5.9.

FY2021 USDOJ – BULLETPROOF VEST PARTNERSHIP GRANT

Presented by John Klug, Chief of Police

This has been an ongoing annual grant program which pays 50% of the qualified bulletproof vest purchases for the police department.

Recommend authorization to apply for and, if awarded, accept the US Department of Justice (USDOJ) FY 2021 Bulletproof Vest Partnership Grant for the Minot Police Department, and, Authorize the Chief of Police and/or Mayor to sign the award agreements in accordance with grant guidelines.

5.10.

AMEND 2021 DISPATCH BUDGET TO PURCHASE RADIO CONSOLE FOR COMMUNICATION WITH MINOT FIRE DEPARTMENT

Presented by John Klug, Chief of Police

The Minot Fire Department is dependent on radio communication from Minot Central Dispatch. The radio console recently malfunctioned leaving dispatch and the fire department to find a quick fix. While it has been temporarily fixed, this console offers a more permanent and reliable solution to the problem.

Recommend the Council amend the 2021 annual budget to move the requested amount from the Dispatch equipment repair budget to the Capital Purchase account for the purchase of a replacement Minot Fire Department radio console to be installed at central dispatch. 
5.11.

BUDGET AMENDMENT TO INCREASE AIRPORT EXPENSES FOR THE PURCHASE OF PARKING EQUIPMENT FOR THE NEW PARKING FACILITIES MANAGEMENT

The current parking and revenue control system (PARCS) has exceeded its useful life. As part of the recently awarded parking management agreement, new equipment will be procured to improve the PARCS as well as the customer experience.  The airport is requesting a budget amendment to increase IT Maintenance (44350), Consulting (43040), Department material and supplies (46101), and Capital Equipment (57500) for the procurement of PARCS equipment, which will be offset by CARES Act Federal funds (33100 and 33200). 

  1. Recommend approval of the budget amendment for parking equipment purchase; and
  2. Authorize the Mayor to sign the agreement.
5.12.

AIRPORT PARKING FACILITIES MANAGEMENT CONTRACT AMENDMENT

LAZ Parking is the incoming parking facilities managing company scheduled to begin operations August 1, 2021. The language regarding term length, sales tax, and first date of payment require revisions to the original contract in order to provide clear terms and conditions.

  1. Recommend approval of the contract amendment; and
  2. Authorize the Mayor to sign any applicable documentation.
5.13.

P# 3529.04B MREFPP PHASE MI-4B MAPLE DIVERSION RAW WATER LINE RELOCATION

Providing flood risk reduction for Minot is large part of the overall Mouse River Plan.  Relocating the raw water well line that currently cross the alignment of the Maple Diversion, will allow the work to proceed in a more efficient manner. Relocating this line and tying into the existing well lines in Oak Park is a more cost effective option than lowering this line as it crosses the Maple Diversion alignment.

  1. Recommend Council approve plans and specifications and recommend approval to SRJB for bidding of the Raw Water Line Utility relocation portion of the Maple Diversion MI-4B of the MREFPP.
  2.  Approve the resolution of funding.
5.14.

RETAIL BEER & WINE LICENSE – OISHII RAMEN

The City received a request for a Retail Beer & Wine license from Hibachi Express, LLC dba Oishii Ramen operating at 1901 South Broadway. All documentation has been submitted and inspections relating to the proposed premises have been approved by the Police Chief, Building Official and Fire Marshal.

It is recommended the City Council approve the Retail Beer & Wine License for Hibachi Express, LLC dba Oishii Ramen

5.15.

GAMING SITE AUTHORIZATION- HAZELTON AMERICAN LEGION

Site approval by the City Council is required as a precondition to obtain a state games of chance license.  Each organization submits documentation annually in order to conduct games of chance at locations throughout the city of Minot. Hazelton American Legion has submitted documentation and received approval from the Police Chief.

Recommend approval of the gaming site authorization for the Hazelton American Legion to conduct electronic pull tab devices at the Comfort Suites during the license year of July 1, 2021 through June 30, 2022.

5.16.

ANNUAL GAMING SITE AUTHORIZATION- AGGIE FOUNDATION

Site approval by the City Council is required as a precondition to obtain a state games of chance license.  Each organization submits documentation annually in order to conduct games of chance at locations throughout the city of Minot. The Aggie Foundation has submitted documentation and received approval from the Police Chief.

Recommend approval of the gaming site authorizations for the Aggie Foundation to conduct games of chance at Off the Vine, High Third, Dakota Burger, Best Kept Secret (Sleep Inn), East End, Arny’s 2.0, and Knights of Columbus during the license year of July 1, 2021 through June 30, 2022.

5.17.

GAMING SITE AUTHORIZATION- NORTH DAKOTA STATE FAIR FOUNDATION

Site approval by the City Council is required as a precondition to obtain a state games of chance license.  Each organization submits documentation annually in order to conduct games of chance at locations throughout the city of Minot. The ND State Fair Foundation has submitted documentation and received approval from the Police Chief.

Recommend approval of the gaming site authorizations for the ND State Fair Foundation to conduct games of chance at Quality Inn, Blue Rider, and Elevation during the license year of July 1, 2021 through June 30, 2022.

5.18.

STOP SIGNS FOR PRAIRIE GREEN NEIGHBORHOOD

Similar to the North Dakota Century Code Section 39-10-24 that discusses preferential right of way. The Engineering Department is proposing to implement stop signs in the Prairie Green neighborhood to create preferential right of way for those local streets. Consideration was given to how the roadway network operates and how the system was laid out.

It is recommended that council pass an ordinance to remove a yield sign restriction and add stop sign restrictions to the attached approaches in the Prairie Green neighborhood

5.19.

DONATION OF 1977 AM GENERAL SPARE PARTSTO MIDWEST BUS MUSEUM

The Transit Department has recently donated a 1977 AM General transit bus to the Midwest Bus Museum.  We are requesting permission to also donate the remaining spare parts that we currently have for these buses to the museum as well.  These parts are no longer needed and have no value to the city. This museum is a 501(c) non-profit agency in Wisconsin that’s purpose is to preserve bus transportation history in the Midwest.  

  1. Recommend approval of donation of spare parts for our 1977 AM General Transit bus to the Midwest Bus Museum in Bangor Wisconsin. 
  2. Recommend approval of Public Works Director to any documentation that would go with this donation.
5.20.

AUCTION FLOOD BUYOUT STRUCTURE SALVAGE

As the City acquires properties for the flood mitigation projects and Spot Blight, it has periodically presented to the City Council approval requests to auction structures on such property deemed sound and able to be moved, salvage of items in structures deemed to have value, and cleared land that were Spot Blight structures. 

It is recommended the City Council authorize auction of flood buyout structure salvage located at 303 6th Street NE and 1101 6th Avenue SW.

5.21.

NO ADDED FUNDS AGREEMENT EXTENSIONS WITH CDM SMITH FOR CDBG-NDR AND CDBG-DR ALLOCATION #1

The City of Minot as a result of RFP’s issued for CDBG-DR Allocation #1, Allocation #2 and CDBG-NDR issued RFP for project delivery support services consulting firm.  For each of three RFPs, the City awarded the contract to CDM Smith for specified services periodically amended based on City needs at specified rates.  All three contracts have been periodically extended to assure continuity of services as permitted by HUD procurement rules.  

City Council approve a timeline only extension with CDM Smith for CDBG-DR Allocation #1 and timeline extension with 3% cost of living increase on July 1, 2021, and July 1, 2022 on billing rate for CDBG-NDR with no additional funds added with the contract extension.

5.22.

EXTENSION OF SWANSON & WARCUP LTD AGREEMENT TO COMPLETION OF ASSIGNED WORK

The purpose of this contract extension is expressly confirming for the sake of consistency that Swanson & Warcup Ltd shall continue to completion all Eminent Domain cases for which it has been assigned up to June 30, 2021.  

It is recommended the City Council approve extension of the agreement with Swanson & Warcup Ltd. for CDBG-DR and CDBG-NDR Flood Buyout Acquisition Eminent Domain Proceedings to completion of assigned cases.

5.23.

APPROVE EMINENT DOMAIN FOR 19 5TH STREET NE, 405 RAILWAY AVENUE, AND PARTIAL TAKE 1750/1800 8TH AVENUE SE, MINOT

The properties are located in what is identified as Buyout Area #4 in support of the HUD approved CDBG-NDR Action Plan.  The city has carried out the due diligence with these owners of this properties as set forth in HUD’s involuntary acquisition guidelines and the requirements of the federal Uniform Relocation Act.

City Council adopt a resolution authorizing commencing Eminent Domain Proceedings for 19 5th Street NE, 405 Railway Avenue, and partial take 1750/1800 8th Avenue SE, Minot.

5.24.

ENCROACHMENT PERMIT - 7 3RD STREET SE

Knockout Designs submitted an encroachment permit application on behalf of Legacy Design Strategies (tenant) and Gaylin Schmidt et al. (owners) for a projecting wall sign from the western face of their building at 7 3rd Street SE. The bottom of the proposed sign exceeds the required minimum of eighty-inches (80”) above the elevation of the existing sidewalk below.

Recommend approval of the Right of Way Encroachment Permit Application for the projecting wall sign on the building at 7 3rd Street SE.

5.25.

ENCROACHMENT PERMIT - 21 EAST CENTRAL

Knockout Designs submitted an encroachment permit application on behalf of Up Your Axe (tenant) and Creedence Properties III, LLC (owner) for a projecting sign from the eastern face of their building at 21 East Central. The bottom of the proposed sign exceeds the required minimum of eighty-inches (80”) above the elevation of the existing sidewalk below.

Recommend approval of the Right of Way Encroachment Permit Application for the projecting sign on the building at 21 East Central.

5.26.

PROFESSIONAL SERVICES AGREEMENT WITH LANDRUM & BROWN, INC. FOR AIR SERVICE DEVELOPMENT CONSULTING

Landrum & Brown, Inc. is a skilled consulting firm with many years’ experience in the aviation industry. Their previous work with the Minot International Airport affords them invaluable information about its operations and history. 

  1. Recommend approval of the Master Services Agreement with Landrum & Brown, Inc. for Air Service Development Consulting; and
  2. Authorize the Mayor to sign any applicable documentation.
5.27.

RESOLUTION BETWEEN MOT AND MFD TO PROVIDE ARFF SERVICES

The Minot Fire Department has been providing ARFF services to the Minot airport to ensure compliance with FAA regulations.  The Minot Airport has budgeted for three fire personnel, training, maintenance and foam.   This way of budgeting has become problematic over the years with the amount of turnover which has resulted in the airport not being charged for a firefighter as it was tied to the person and not the position.  The Fire Chief and Airport Director worked with finance and City Attorney to develop this agreement to create a service agreement to provide a base fee for the airport ARFF services.  This will clean up the budget for both the airport and fire department.  

The Fire Chief requests that council approves and allow the Mayor to sign the Resolution between the Minot Airport and the Minot Fire Department memorializing the agreement in providing Aircraft Rescue and Firefighting (ARFF) services.  

5.28.

MUTUAL AID AGREEMENT BETWEEN CITY OF MINOT AND WILLISTON

On 06/17/21 the Minot Airport and Fire Department were contacted by Williston Airport to request the use of our spare ARFF truck as their truck was in need of repair.  FAA regulations requires this capability to maintain index and keep flying commercial aircraft.  The City Attorney developed this agreement and it was signed by both cities prior to the truck being sent by lowboy to Williston.  

The Fire Chief requests that the council ratifies the Mutual Aid Agreement which was signed by the Mayor on 06/17/21 allowing the Minot Fire Department to send the spare ARFF truck to Williston Airport.

5.29.

ARTS AGENCY DESIGNATION RESOLUTION

Minot Area Council of the Arts has a goal of being able to regularly offer grants to the Minot arts community. There are annual grant opportunities through agencies such as the National Endowment for the Arts (NEA) for the purpose of regranting, but they are only eligible to apply for these grants with a Local Arts Agency designation. The North Dakota Council on the Arts (NDCA) is receiving ARP funds and they will need assistance in distributing those funds to the artists and organizations who need them. In order to assist with this distribution, NDCA has asked the Minot Area Council of the Arts, as well as The Arts Partnership in Fargo, to pursue an LAA designation, which is necessary to distribute these federal funds.

It is recommended the City Council adopt a resolution designating Minot Area Council of the Arts as the official Local Arts Agency (LAA) with power and authority to seek and distribute federal dollars.

5.30.

PROPERTY TAX PAYMENT FOR PORT PROPERTY AND PARKING RAMPS

The City was awarded a court judgement that included payment of delinquent rent and taxes. No money has been collected on this judgement but the 2018 taxes need to be paid to the County. The City is currently engaged in litigation regarding payments that are due related to the parking ramps including property taxes. No payment has been received and the 2017 property taxes need to be paid.

  1. Approve payment of the 2018 property taxes for the land that was formerly leased to ND Port Services.  
  2. Approve the payment of 2017 taxes for the parking ramp properties.
6.

ACTION ITEMS

6.1.

ABATEMENT REQUEST BY HUDYE GROUP, LP

Hudye Group LP has submitted applications for abatement of property taxes on 92 vacant lots in Prairie Wynd Fourth and Fifth Additions. The City Assessor recommends partial approval of the abatement requests. The detailed recommendations are included in the attached memorandum. 

6.2.

RAFFLE PERMIT APPLICATION APPEAL - SWAIN FISHING TEAM

The Police Chief denied the application for Swain Fishing Team to conduct a raffle on the basis the organization is not a public-spirited charitable organization. Under Section 18-184 of the Minot Code of Ordinances, “In the event the chief of police does not approve an application, the applicant shall have the right to place the application before the city council at its next regularly scheduled meeting.

It is recommended the City Council consider the application by Swain Fishing Team to conduct a raffle August 28, 2021 at the Ranger Lounge.

6.3.

CITY HALL SCHEMATIC DESIGN SUBMITTAL (4466)

Presented by Lance Meyer and JLG:

The Building Committee has taken direction from Council with input from city departments and developed a schematic design for council to review. JLG will present the schematic design for Council's consideration. 

Recommend Council approve the Schematic Design and move forward with the Building Design phase.

6.4.

SEWER CONNECTION FEE - 900 21ST AVE SE

City Council set the Puppy Dog Sewer Connection Fee at $4,440 per acre. STNL Development is planning to build a commercial structure at 900 21st Ave SE, which is located within the Puppy Dog Sewer system. This commercial lot is approximately 7.93 acres but only 3.62 acres is developable so they are requesting a fee reduction

Recommend that Council approve one of the three alternatives listed in the memo.

7.

PERSONAL APPEARANCES

8.

MISCELLANEOUS AND DISCUSSION ITEMS

9.

LIAISON REPORTS

10.

EXECUTIVE SESSION: CITY OF MINOT V. NATHAN PROPERTIES, LLC et al. (51-2020-CV-762)

Attorney Consultation and Discussion of Pending Litigation Strategy and/or Guidance for Negotiating or Settlement Strategy/Instruction. The topic or purpose of this executive session is to afford the City Council an opportunity to consult its attorney, discuss negotiating or settlement strategy, and/or provide negotiating instructions to its attorney regarding these pending legal matters.  This matter is presently a pending civil case before the North Central Judicial District as Case No. 51-2020-CV-762. The legal authority for closing this portion of the meeting is N.D.C.C. 44-04-17.1, 19.1, and 19.2.

11.

ADJOURNMENT