City of Minot
Regular City Council Meeting
Monday, October 19, 2020 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.

CONSIDER THE REPORT OF THE PLANNING COMMISSION

3.1.

PUBLIC HEARING: REZONE OF CHAPARELLE SUBDIVISION, SUNDRE VALLEY ADDITION, AND OUTLOTS 27 & 47 OF S4-155N-82W

A public hearing to consider an application by the City of Minot to rezone 30 lots in Chaparelle Subdivision, 21 lots in Sundre Valley Addition, and Outlot 27 of S4-155N-82W from C2 (General Commercial) or M1 (Light Industrial) to R1 (Single-Family Residential) and rezone Outlot 47 of S4-155N-82W from M1 (Light Industrial) to RA (Agriculture-Residential).

Planning Commission recommends City Council pass an ordinance on first reading to change the zone from M1 “Light Industrial District” and C2 “General Commercial District” to R1 “Single-Family Residential District”.
3.2.

SUBDIVISION OF RAMSTAD HEIGHTS, 10TH ADDITION

It is recommended the City Council approve a subdivision to consolidate Lot 4 of Ramstad Heights 2nd Addition, Lot 6 of Ramstad Heights 3rd Addition and a vacated portion of Kodiak Street NW into two new lots to be known as Ramstad Heights 10th Addition, Lots 1 & 2.
3.3.

PUBLIC HEARING: SOUTHEAST BUSINESS PARK, 2ND ADDITION

A public hearing to consider a request by Schatz Properties, LLC for a Future Land Use Map amendment from Medium Density Residential to Manufactured Home and Light Industrial, a rezone on lots 1-5 and 22-24 from MH (Manufactured Home) to M1 (Light Industrial), and a conditional use permit for propane storage tanks.

Planning Commission recommends the City Council
  1. pass an ordinance on first reading to change the zone from MH “Manufactured Home District” to M1 “Light Industrial District”
  2. adopt a resolution to amend the Comprehensive Land Map from “Medium Density Residential” to “Industrial”
  3. approve a 24-lot subdivision to be known as Southeast Ridge Business Park 2nd Addition, Lots 1-24
  4. approve a resolution for a Conditional Use Permit (CUP) to place bulk propane storage tanks on one of the lots that will be zoned M1.
4.

CONSENT ITEMS

4.1.

APPROVAL OF THE MINUTES

It is recommended the City Council approve the minutes of the October 5th regular City Council meeting and the October 13th special City Council minutes. 
4.2.

THE FOLLOWING ORDINANCES SHOULD BE CONSIDERED ON SECOND READING

  1. Ordinance No. 5533 - Amend the 2020 Annual Budget- Library Memorial Revenue
  2. Ordinance No. 5534 - Amend the 2020 Annual Budget- Radar Speed Trailer Purchase (PD0185)
  3. Ordinance No. 5535 - Amend the 2020 Annual Budget- Donation to the Police Department (PD0195)
4.3.

FY 2020 STATE HOMELAND SECURITY GRANT PROGRAM

The State Homeland Security Program Grant has been an ongoing annual program which pays 100% of qualified and approved equipment purchases for subrecipients. The intent of this program is to enhance the capabilities of the subrecipient to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
  1. Recommend approval of the FY 2020 State Homeland Security Grant Program and Award
  2. Recommend Authorizing the Mayor to sign the Notice of Grant Award
  3. Recommend Council to pass an ordinance to amend the 2020 annual budget for the award amount.
4.4.

SAND AWARD OF BID (PROJECT NUMBER 4229)

On October 1, 2020, the Public Works Department opened bids for washed sand for the upcoming snow removal season.  Four bids were received, and they are as follows:

Bidder     Unit Price (per Ton) Extended Cost (6000 Tons)
Sundre Sand and Gravel $13.44   $80,640.00
Aggregate Construction $16.89 $101,340.00
Gravel Products $16.25   $97,500.00
Strata Corporation        $15.75   $94,500.00

1. Recommend award of bid to Sundre Sand and Gravel, Inc. in the amount of $13.44 per ton for washed sand for the upcoming winter season.
4.5.

WATER AND WASTEWATER CHEMICALS AWARD OF BID (PROJECT NUMBER 4232)

On October 1, 2020, the Public Works Department opened bids for chemicals at the Minot Water Treatment Plant for 2020.  Results of the bid opening are attached.

Recommend award of bid to the following suppliers for water and wastewater treatment chemicals as follows:
         • Carbon dioxide awarded to American Welding and Gas for $240.00/ton
         • Chlorine awarded to DPC Industries for $625.00/ton
         • Ammonium Sulfate to Thatcher Company for $0.294/lb
         • Calcium Nitrate awarded to Thatcher Company for $2.807/gallon 
4.6.

NORTH DAKOTA FOREST SERVICE MUTUAL AID AGREEMENT

This agreement will enter the Minot Fire Department into an Mutual Aid Agreement with the ND Forest Service in the event of a larger emergency in the area of wildland fires.  This defines roles, responsibilities and expectations of the agencies responding and requesting.  This document was reviewed by the city attorney.  

Recommend Council authorize the Mayor to sign the North Dakota Forest Service Mutual Aid Agreement. 
4.7.

WARD COUNTY LAW ENFORCEMENT RANGE – FACILITY USE AGREEMENT

The Ward County Law Enforcement Range (WCLER) is governed by a Board made up of elected members from the organizations who pay membership dues. The dues are used to provide the basic maintenance of the range and buildings on the property as well as pay for the electric bill for the property. The City of Minot is the legal owner of the property on which the range is located and is therefore the Owner for the sake of this agreement. The approval of the Facility Use Agreement is necessary for the Department of Corrections and Rehabilitation to submit the annual $500 membership dues to the WCLER.  

Recommend approval of the Facility Use Agreement for the Ward County Law Enforcement Range between the City of Minot and ND Department of Corrections and Rehabilitation; and
Authorize the Chief of Police to sign the Facility Use Agreement.

4.8.

BURDICK EXPRESSWAY VIADUCT IMPROVEMENTS NDDOT PE AGREEMENT (4563)

Burdick Expressway viaduct was constructed in 1979 and is in need of a rehabilitation. The project will be one of three bridges rehabilitated in the Minot area. The project will be funded with federal funds. Thus, the NDDOT requires the City to sign a professional engineering (PE) agreement with the NDDOT. 

1. It is recommended that the council approve the agreement with the NDDOT and authorize the Mayor to sign the agreement. 
4.9.

US 2 INTERSECTION IMPROVEMENTS BURDICK TO EVERGREEN NDDOT PE AGREEMENT (4564)

The NDDOT and city staff have been studying the US 2 corridor from Burdick Expressway to the 16th St Interchange for several years to look for safety improvements. The intersections of Evergreen Avenue/US 2 and Burdick/US 2 have consistently been listed in the top 50 worst intersection within the State. The project will be funded with federal funds. Thus, the NDDOT requires the City to sign a professional engineering (PE) agreement with the NDDOT.

1. It is recommended that the council approve the agreement with the NDDOT and authorize the Mayor to sign the agreement. 
4.10.

US 2 BRIDGE IMPROVEMENTS NDDOT PE AGREEMENT (4565)

The bridge located on the US 2 Bypass over the BNSF tracks is in need of rehabilitation. The NDDOT is programming this project along with two other bridges in the Minot area. The project will be funded with federal funds. Thus, the NDDOT requires the City to sign a professional engineering (PE) agreement with the NDDOT. 

1. It is recommended that the council approve the agreement with the NDDOT and authorize the Mayor to sign the agreement. 
4.11.

US 83 BYPASS BRIDGE IMPROVEMENTS NDDOT PE AGREEMENT (4566)

The bridge located on the US 83 Bypass is in need of rehabilitation. The NDDOT is programming this project along with two other bridges in the Minot area. The project will be funded with federal funds. Thus, the NDDOT requires the City to sign a professional engineering (PE) agreement with the NDDOT. 

1. It is recommended that the council approve the agreement with the NDDOT and authorize the Mayor to sign the agreement. 
4.12.

SRT CONTRACT FOR SERVICES AT FIRE STATIONS

The City of Minot Fire Department presently utilizes SRT to provide internet at the stations.   SRT installed new/improved internet within the stations last year and the contract was not updated.  

The long-term contract is at a reduced rate to pay $41.35/mo. at each Station instead of $45.95/mo. Total savings of $220.80/year.  
  1. Authorize the Fire Chief to sign the contract with SRT for the internet at the fire stations.
  2. Authorize the Fire Chief to sign future contracts with SRT for internet services at the fire stations.   
4.13.

STRUCTURE AUCTION AUTHORIZATION

To maximize opportunity for program income to be used in the continued acquisition of properties needed for flood mitigation projects and to contribute to reducing need for local share from city revenues, the city has enacted a policy of auctioning structures on acquired properties to be moved outside the flood inundation area.  New structures identified for auction include 6 homes, 2 garages, and 2 sheds.  Upon approval of the auction of these properties, they will be listed for auction with structures already included in the auction process.

It is recommended the City Council authorize auction of the attached listed structures acquired in the flood mitigation buyout program
5.

ACTION ITEMS

5.1.

RETAIL LIQUOR LICENSE EXTENSION- MP WINE & SPIRITS

City of Minot Code of Ordinances, Section 5-32 (a) (4), states that the city council shall have the power to suspend or revoke any license issued under the authority of this chapter if the licensee does not conduct the activity for which the license was issued at the licensed premises for a period of twelve (12) consecutive months. Johanneson’s, Inc dba MP Wine & Spirits located at 1024 24th Avenue SW closed the location in December, 2019. The City received a request from Johanneson’s, Inc to extend the license for an additional year while they relocate their store. 

It is recommended the City Council approve the extension of the MP Wine & Spirits Retail Liquor License until December 21, 2022. 
5.2.

PARKING REVISION ON S MAIN STREET BETWEEN 5TH AVENUE S AND 8TH AVENUE S

The Engineering Department recently met with homeowners along S Main Street between 5th Avenue S and 7th Avenue S that expressed frustrations, concerns and difficulties with exiting their driveways due to physical and sight obstructions caused by street-parked vehicles.

Therefore, the Engineering Department is proposing to switch the parking restriction on S Main Street between 5th Avenue S and 7th Avenue S from the west to the east side of the roadway. Consequently, and to avoid the weaving of traffic, the Engineering Department is proposing to switch the parking restriction on S Main Street between 7th Avenue S and 8th Avenue S from the west to the east side.

It is recommended that council pass an ordinance to modify parking restrictions to the following location:
  1. Add a parking restriction to the east side of S Main Street between 5th Avenue S and 8th Avenue S.
  2. Remove the parking restriction from the west side of S Main Street between 5th Avenue S and 8th Avenue S.
  3. Add a parking restriction to the west side of S Main Street between 100-feet and 160-feet south of the center of the 5th Avenue S intersection. 
5.3.

EMERGENCY DAYCARE OPERATIONS PAYMENT

Early in the pandemic, schools and many childcare locations closed leaving many critical employees (first responders and health care workers) with no options to care for their children.  The concern was that this would result in a shortage of available workers to carry out critical functions.  City staff worked with a local daycare provider, Minot Public Schools and state agencies to get this facility operational on short notice.

It is recommended the City Council approve payment to Minot Public School District for the staffing and facility costs associated with the emergency daycare operation that was hosted in their facilities and approve the corresponding budget amendment to use Cares Act funding to pay the cost.
5.4.

CITY BUILDING MASK POLICY

At the October 2, 2020 meeting, City Staff was directed to draft a resolution requiring the use of a mask when entering City owned and operated buildings.  The attached resolution in presented for consideration.

Review and consider a resolution adopting a temporary policy imposing a “mask mandate” on members of the public entering City owned and operated buildings. 
5.5.

FEMA FIRM APPEAL (3888)

In December of 2019, FEMA submitted final Flood Insurance Rate Maps (FIRMs) to the City for adoption or appeal. The new maps show a significant 100 year floodplain throughout the valley with a large floodway generally following the river channel. Earlier this year, council approved Ackerman-Estvold to prepare an appeal of the FEMA FIRMs. 

1. Recommend council approve the FEMA FIRM appeal documents and authorize the Mayor and staff to sign the required documents to submit to FEMA. 
5.6.

4443 - BROADWAY CORRIDOR STUDY – VIRTUAL PUBLIC INPUT MEETING

On the April 21, 2019 city council meeting, council approved to fund the Broadway Corridor Study through the North Dakota Department of Transportation. On the October 21, 2019 city council meeting, council approved the selection of KLJ as a consultant for the project. Since then there has been an Existing Conditions Report, a Future Conditions Report as well as two steering committee meetings. With the Covid-19 pandemic effecting how the North Dakota Department of Transportation normally conducts studies of this nature, the first public input meeting for the Broadway Corridor Study has switched from in-person to virtual. A brief presentation of the virtual public input meeting will be given during the October 19, 2020 council meeting. 
5.7.

DEPARTMENT REPORT: PUBLIC WORKS & FLOOD CONTROL

6.

PERSONAL APPEARANCES

7.

MISCELLANEOUS AND DISCUSSION ITEMS

7.1.

PANDEMIC RESPONSE

8.

LIAISON REPORTS

9.

ADJOURNMENT