MEMO TO: Public Works and Safety Committee

FROM: City Clerk's Office

RE: Agenda for Wednesday, September 1, 2010, 4:15 p.m.

1. Building Relocation Request – Ronald Patten – 1725 33^rd Street SW

The City has received a request from Ronald Patten to relocate a 40’ x 100’ wood frame building from 1200 20^th Avenue SE to 1725 33^rd Street SW, within the extra-territorial zone of the City of Minot (Lots 1 & 2, Sorenson’s 2^nd Addition). This property is zoned R-1 (Single Family Residence District).

The building to be moved is insulated with two hanging heaters for the shop area with metal siding on the exterior. There is a small office area with a finished floor area above the office. The windows appear to be modern. The roof appears to be sagging near the center and the asphalt shingles appear to be poor.

The proposed site is along a gravel road immediately next to where the owner lives. There is one older, single-family home in the area across the road. The owner’s home is a modern ranch home that would be immediately south of the proposed location. Several blocks to the north are a commercial storage building and several mini-warehouse buildings. A residential subdivision is several blocks down the hill to the northeast. There is a smaller shelter belt adjacent to the site along the west side of the proposed location that would provide somewhat of a visibility buffer between the proposed site and the gravel road.

It is the opinion of the assessor’s office this structure is compatible with the area if the exterior was re-painted and the roof was repaired to include the roof structure below the roof covering and the replacement of the existing shingles with a new roof cover to include shingles or metal substitute. There is a concern the roof insulation might have had moisture as there does not appear to be roof vents.

The building is estimated to have been built in 1972 and in the opinion of the Assessor’s office, does not currently meet the estimated 60% of its replacement cost as per Sec 9-47(b)(c) of the Minot Code of Ordinances. With the recommended roof repairs, replacement of the roof surface, new insulation below the roof and new exterior wall paint, the building would likely meet the estimated 60% of its replacement cost, would be compatible with the neighborhood, and the Assessor’s Office would recommend the move be approved.

It is recommended that, if the request is approved, it be subject to the following conditions:

1. A ten-thousand dollar performance bond be posted with the City prior to start of any work, as required by Section 9-51 of the City of Minot Code of Ordinances.

2. Any mechanical, plumbing, electrical, or work performed at the new location is to be in compliance with the applicable state and local codes.

3. Placement of structure and all reconstruction work at the new location is to comply with the applicable City of Minot zoning ordinances and building codes.

4. An adequate foundation in compliance with City of Minot building codes and zoning ordinances must be furnished at the new location.

5. Straighten roof and walls as necessary; repair shingles, insulation, and install roof vents.

6. Repair or replace bottom wall plate as necessary.

7. Paint in a manner similar to existing structures at new location.

8. The lot is to be graded for proper drainage and finished in a manner similar to surrounding properties

9. Applicant is to obtain all necessary permits and coordinate all relocation activities with public utilities and traffic authorities.

10. Work shall be accomplished generally in accordance with the following schedule:

a. Foundation to be complete within one month

b. Relocation of structure to be complete within two months.

c. Work required for code compliance complete within six months

d. Work complete and final clean up complete within ten months.

2. Sidewalk Repair Request

A memo was received from the City Engineer regarding property owners who have been requested to repair/install sidewalks adjacent to their properties. Attached is a suggested notice form. The following property owners have not yet made these arrangements:

NAME OF OWNER ADDRESS

Bradley & Melody Poth 1101 8^th Street NE

Jeremy & Charlene Fowler 1204 6^th Avenue NE

R&D Properties 516 5^th Street SW

Matthew Lillemon 617 5^th Street SW

Spencer Hoover 1109 Hiawatha Street

Mara Johnson 424 15^th Street SE

Duane Brekke 420 15^th Street SE

It is recommended that the Committee and Council authorize sending a formal notice to the above owners to repair the sidewalk, pursuant to North Dakota Century Code 40-29-03.

3. Ward County Emergency Personnel Monument – Fire Station #1

The Fire Chief reports the Minot Fire Department was contacted by the First Assembly of God Church in regard to having a monument placed at Fire Station #1 to honor all Ward County Emergency Personnel. The monument would be presented and placed at a ceremony on September 11, as part of the commemorative events that day.

The Fire Department is currently in the process of replacing the flag poles at the stations and would like to incorporate this monument into the project at Station #1. The Fire Chief reports the monument would be placed at the base of the flagpole along with additional landscaping and lighting. The front of the monument will have a firefighter’s badge, a policeman’s badge and the star of life, representing emergency medical works and the names of all Ward County Emergency Workers who have given their lives in the line of duty would be engraved on the back of the monument.

Fiscal Impact: There will be no cost to the City for this project. The monument and landscaping will be donated.

It is recommended that the Committee and Council approve the placement of a monument honoring the Ward County Emergency Personnel on City property at Fire Station #1.

4. Proposed Ordinance Amendment – Migrant Merchants

Attached is a memo to the City Attorney from the Police Chief requesting an amendment to the City of Minot Code of Ordinances Section 18-51.

The Police Chief reports several complaints on solicitors knocking on doors after 10:00 pm. Based on these complaints, he is requesting the migrant merchant ordinance be amended to include a statement that states ‘a person holding a valid license shall only conduct business from 8:00 am to 9:00 pm from Monday through Saturday.’ The City Attorney agrees with this request.

It is recommended that the Committee and Council place and pass an ordinance amending City of Minot Code of Ordinances Section 18-51 to limit the time frame for solicitation by migrant merchants in the City of Minot, on first reading.

5. Fire Department Station #2 Mechanics Bay Ramp Drainage

The Fire Chief reports there is a drainage issue involving the ramp in front of the new Fire Station #2 mechanics bay addition. The contractor, Craft Construction, discovered the issue when grading the area and found they could not get enough slope to properly drain the ramp.

In meeting with the architect and contractor to address the problem and possible solutions, it was determined the only practical solutions involve removing and reshaping a portion of the existing ramp. Two viable options were determined as follows:

1. The work does not need to be accomplished during this project and could be bid separately. The drawback to this option is the possibility of not finding another contractor to complete the work this fall which would result in severe ice, water, and snow removal problems this winter due to elevation differences between the ramps.

2. Authorize Craft Construction to complete this work as part of the existing project. This would allow the work to be completed this fall and allow the benefit of using a contractor familiar with the situation. This change order would be at a cost of $9,600.

Fiscal Impact: If work is authorized to be completed as part of the existing project, funds are allocated to this project and in the Fire Department 2010 Building and Grounds budget that could be used for funding.

If this portion of work was completed separately, the funds would come from the 2011 budget.

The Fire Chief is requesting approval of option #2 for completion in 2010.

It is recommended that the Committee and Council approve a change order authorizing Craft Construction to complete work on the Fire Department Station #2 mechanics bay ramp to resolve drainage issues in the amount of $9,600.

6. Ordinances on Second Reading

The following ordinances need to be considered on second reading:

a. Ordinance No. 4277 – Rezoning Lot 2, Opstad 2^nd Addition, from Agricultural District (AG) to Residential Agricultural District (R-A).

b. Ordinance No. 4314 – Rezoning Lots 8, 9, and 10, Spring Lake Park Addition Subdivision of Outlot A from Single-Family Residence (R-1) to Two-Family Residence District (R-2).

7. Information Item – June 17, 2010 Storm Damage Report

Attached is a report from the Public Works Director providing information on storm damage that occurred on June 17, 2010 in the City of Minot. The damage to City infrastructure includes damage to roads, storm sewer systems, drainage ditches, pump systems, and buildings. The Public Works Director’s memo includes the exact location on each type of damage.

The report also provides information on communication with FEMA personnel in an effort to receive reimbursement for damages. The Public Works Director reports he will provide a Power Point presentation with pictures taken during the event. This presentation will be held during the Public Works and Safety Committee meeting.

This item is for informational purposes only. The Public Works Director will be available for any questions.

8. Transfer of Funds to Street Maintenance Account

The Public Works Director reports, due to the increase maintenance the City has incurred in 2010 from snow and the damage from the storm of June 17^th, the City is requesting to transfer funds from Sales Tax Capital Improvements Highway Reserves into the Street Maintenance Account to continue street maintenance. As of August 25, 2010, the City has $74,419 remaining in the account.

The City has two projects that need work. One is the alley south of 27^th Avenue and east of 3^rd Street NW. This alley has a large breakup in the asphalt in need of repair at a cost of $15,000. The other is $12,000 for the rejuvenation of the road on Sunset Boulevard south of 21^st Avenue NW.

In addition to these, the City has required major work as a result of the rain storm on June 17^th. City crews are still repairing the roads from the damage of the winter and spring runoff in areas all over town. The estimated cost for asphalt is $75,000

The following is a breakdown of the numbers for the estimated costs from now until the end of 2010.

Asphalt patch mix $78,000

Repair of alley at 27^th Avenue and 3^rd Street NW $15,000

Rejuvenation of Sunset Boulevard $12,000

Concrete work in various areas of the City $73,000

Miscellaneous (gravel, fabric, etc.) $16,000

Total $194,000

Less amount remaining in the fund -$74,000

Grand total $120,000

Fiscal Impact: The request is to transfer $120,000 from the Highway funds, into the Street Maintenance account in the Street Department budget. Monies are available from the Sales Tax Capital Improvements Highway Reserve funds.

It is recommended that the Committee and Council approve a transfer of funds from the Sales Tax Capital Improvements Highway Reserve funds to the Street Maintenance account in the amount of $120,000 to continue maintenance of City roads.