City of Minot

Regular City Council Meeting

Monday, April 18, 2022 at 5:30 PM

City Council Chambers, City Hall (515 2nd Ave SW)

             Any person needing special accommodation for the meeting is requested to notify the City Clerk’s office at 857-4752

1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

CITY MANAGER REPORT

4.

PUBLIC HEARING

4.1.

NICHOLS MOVE

Presented by Luke Tillema

The area that is under consideration for the moving application is 5325 Zaharia Dr. SE Minot. The property is surrounded by similar single-family dwellings as well as single story manufactured homes, with similar, detached or attached garages. The immediate area also contains numerous vacant lots. The homeowner stated that the 528 SF detached garage to be moved is to be placed on a pre-constructed concrete slab. The Inspection Department has received application for building permit for the foundation for this building and is ready to issue, pending Council approval.

RECOMMENDED ACTION

It is recommended the City Council approve the relocation of the detached garage from 406 31st Ave SE Lot 101, Minot ND, 58701 also known as Interchange 6th Addn Lot 1 Block 2 and Lot 20 Interchange 7th Addn, to 5325 Zaharia Dr SE, Minot, ND 58701, also known as Kopper Sunrise 2nd Addition Lot 7 Block 1, 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 mechanical, electrical, plumbing, building permits for all new proposed construction.
  4. Coordinate all relocation activities with public utilities and traffic authorities.
  5. An approved foundation design in compliance with City of Minot building codes.
  6. If required: plumbing, electrical and HVAC systems must be brought into compliance with current code requirements of the City of Minot.
  7. All work at the new location must be in compliance with City of Minot building codes and zoning ordinances.
  8. The exterior of the structure must be one consistent color arrangement of colors after relocation.
  9. The property must be provided with proper site drainage, and must be landscaped in a manner similar to surrounding properties.
5.

CONSIDER THE REPORT OF THE PLANNING COMMISSION

5.1.

PUBLIC HEARING: WEST 67' OF THE NORTH 250' OF LOT 2, BAYOU ADDITION

Public hearing request on an application from Kenn and Lynette Simensen, owners for a future land use map amendment from Industrial to Downtown Mixed Use and a zoning map amendment from “M1” Light Industrial District to “CBD” Central Business District.   The purpose for the request is to facilitate retail activities, including a commercial kitchen.  The legal description for the property is the west 67’ of the North 250’ of Lot 2, Bayou Addition. The property address is 400 E. Central Ave

It is recommended City Council Approve the following in alignment with the Planning Commission recommendation:

  1. Resolution No. to amend the Future Land Use Map for the subject properties from Industrial to Downtown Mixed use.
  2. An ordinance on the first reading for a zoning map amendment from "M1" Light Industrial District to "CBD" Central Business District.


5.2.

PUBLIC HEARING: MINOT HS 2 ADDITION

Public hearing request on an application from Sean Weeks representing Jared Edwards and Scott Moum on behalf of Minot Public Schools, owner, for a preliminary plat to be known as Minot HS 2 Addition to consolidate three lots into one and simultaneously vacate the adjoining portions of unimproved right-of-way denoted as 23rd Ave. NW and 22nd St. NW.  The application also requests a zoning map amendment request from “C2” General Commercial to “P” Public Zone and a future land use map amendment from Commercial to Public/Semi-Public for the purpose of constructing a new high school with athletic facilities.  The legal description for the properties is Lots 1 through 3, ING Addition. The address for the properties is 2100 21st Ave. NW.

It is recommended City Council approve the following in alignment with the Planning Commission recommendation: 

  1. The masterplan as provided in Attachment 'A'. 
  2. A Major Subdivision Preliminary Plat for the Minot HS 2 Addition as provided in Attachment 'B'.
  3. Resolution No. to amend the Future Land Use Map for the subject property from Commercial to Public/Semi-Public District.
  4. An ordinance on the first reading for a zoning map amendment from "C2" General Commercial District to "P" Public District.
5.3.

PUBLIC HEARING: LOT 1, PRAIRIE GREEN 7TH ADDITION PLUS 1/2 A PORTION OF VACATED 36TH AVE SW

Public hearing request on an application by Roger Mazurek and Nick Gray on behalf of Young Men’s Christian Association of Minot, owner, for a zoning map amendment from “R1” Single-Family Residential District to “C2” General Commercial District for the purpose of aligning the subject property zoning closer with the existing use of indoor/outdoor recreation.  In addition, the request includes a future land use amendment from Low Density Residential to Commercial.  The legal description for the property is Lot 1, Prairie Green 7th Addition plus ½ a portion of vacated 36th Ave. SW. The address for the property is 3515 16th St. SW.

It is recommended City Council approve the following in alignment with the Planning Commission recommendation:

  1. Resolution No. to amend the Future Land Use Map  for the subject property from Low Density Residential to Commercial.
  2. An ordinance on first reading for a zoning map amendment from "R1" Single-Family Residential District to "C2" General Commercial District.
5.4.

MAJOR SUBDIVISION PREIMINARY PLAT: STEIN INDUSTRIAL ADDITION

It is recommended City Council approve the major subdivision preliminary plat for the Stein Industrial Addition in alignment with the Planning Commission recommendation. 

5.5.

EXTENSION OF RECORDABLE (FINAL) PLAT DEADLINE

It is recommended the City Council approve an extension from six (6) months to twelve (12) months for the submission of the final, recordable plat per Section 10.2-4 B of the pre-December 6, 2021 City of Minot Land Development Ordinance for the following subdivision plats:

  1. Don's 2nd Addition (Extended to September 20, 2022)
  2. Master Block 2nd Addition (Extended to September 20, 2022)
  3. The Bluff's 18th Addition (Extended to November 15, 2022)
  4. St. John's 3rd Addition (Extended to November 15, 2022)
  5. Outlot 5, being all of Outlot 4, a Portion of the NW1/4 of the NW1/4, and a portion of the NE1/4 of the NW1/4, all within Section 9, Township 155N, Range 82W, Ward County, North Dakota (Extended to June 7, 2022)
6.

CONSENT ITEMS

6.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the April 4, 2022 Regular City Council Meeting.

6.2.

ADMINISTRATIVE APPROVALS

It is recommended the City Council approve the Administrative Approvals.

6.3.

ORDINANCES

The following ordinance should be considered for second reading:

  1. Ordinance No. 5722 - Amending 2022 Budget - 2022 Street Improvements
  2. Ordinance No 5723 - Amending 2022 Budget - FY19 Fire SHSG (2020300001)
  3. Ordinance No 5724 - Amending 2022 Budget - FY21 Fire SHSG (2022300003)
  4. Ordinance No 5725 - Ameding 2022 Budget - FY21 Fire HMEP (2022300004)
  5. Ordinance No. 5726 - Amdending 2022 Budget - FAA and State Aero AIP Grant Application
  6. Ordinance No 5727 - Amending 2022 Budget - 2022 Watermain Replacement
  7. Ordinance No 5728 - Amending 2022 Budget - Traffic Intelligence System
6.4.

MINOR PLAT: SOUTH MINOT SECOND ADDITION

Presented by Brian Billingsley

Paul & Heather Polsfut, property owners, request a minor plat for the South Minot Second Addition be approved to facilitate the demolition of the home located on existing Lot 2.

RECOMMENDED ACTION

It is recommended the City Council approve a minor subdivision plat as provided in Attachment A to create South Minot Second Addition, being Lots 1 and 2, of Block 3, of First Addition to South Minot, to the City of Minot, North Dakota. 

6.5.

MINOR PLAT: MILLER'S THIRD ADDITION

Presented by Brian Billingsley

Craig & Lynnae Rudland, property owners, request a minor plat for the Miller’s Third Addition be approved to facilitate the combination of the lots they own.

RECOMMENDED ACTION

It is recommended the City Council approve a minor subdivision plat as provided in Attachment A to create the Miller’s Third Addition, being Lots 9 And 10 of The Rearrangement Of Miller’s Addition to the City of Minot, North Dakota.  

6.6.

MINOR PLAT: BROADWAY CIRCLE ADDITION

Presented by Brian Billingsley

Liz Larson, representing Project Bee, property owner, requests a minor plat for the Broadway Circle Addition be approved to facilitate the rearrangement and combination of existing lots.

RECOMMENDED ACTION

It is recommended the City Council approve a minor subdivision plat as provided in Attachment A to create the Broadway Circle Addition, being a replat of Outlots 4, 6, and 7 in the Southwest 1/4 of Section 25, Township 155N, Range 83W of the Fifth Principal Meridian in the City of Minot, North Dakota.  

6.7.

GAMING SITE AUTHORIZATION - PRAIRIE GRIT ADAPTIVE SPORTS

Presented by Mikayla McWilliams

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 Prairie Grit Adaptive Sports has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the Prairie Grit Adaptive Sports to conduct games of chance at Whiskey Nine during the license year of July 1, 2022 through June 30, 2023.
6.8.

ANNUAL GAMING SITE AUTHORIZATION - FOUNDATION FOR ORTHODOXY, INC

Presented by Mikayla McWilliams

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 Foundation for Orthodoxy, Inc has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorization for the Foundation for Orthodoxy, Inc to conduct twenty-one, electronic pull tab devices and pull tab dispensing devices at the Clarion Hotel & Convention Center during the license year of July 1, 2022 through June 30, 2023.
6.9.

ANNUAL GAMING SITE AUTHORIZATION - ND ASSOCIATION FOR THE DISABLED, INC

Presented by Mikayla McWilliams

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 Association for the Disabled, Inc has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the ND Association for the Disabled, Inc to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.
  • Drop Zone
  • Rockin’ Horse Saloon


6.10.

ANNUAL GAMING SITE AUTHORIZATION - AGGIE FOUNDATION

Presented by Mikayla McWilliams

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.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the Aggie Foundation to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.
  • High Third
  • Best Kept Secret (Sleep Inn)
  • Off the Vine
  • Arny's 2.0


6.11.

ANNUAL GAMING SITE AUTHORIZATION - MINOT HOCKEY BOOSTERS

Presented by Mikayla McWilliams

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 Minot Hockey Boosters have submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the Minot Hockey Boosters to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.
  • Ace's Lounge & Casino
  • Barley Pop Bar
  • On The Rocks
  • Nola's Lounge
  • The "O"riginal Bar and Nightclub
  • 28 Tastes and Taps


6.12.

ANNUAL GAMING SITE AUTHORIZATION - OUR REDEEMER'S LUTHERAN CHURCH

Presented by Mikayla McWilliams

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. Our Redeemer's Lutheran Church has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the Our Redeemer’s Lutheran Church to conduct raffles at Our Redeemer’s Lutheran Church and Christian School during the license year of July 1, 2022 through June 30, 2023.


6.13.

ANNUAL GAMING SITE AUTHORIZATION - PRAIRIE GRIT ADAPTIVE SPORTS

Presented by Mikayla McWilliams

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 Prairie Grit Adaptive Sports has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the Prairie Grit Adaptive Sports to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.
  • Sammy’s Pizza
  • Applebee’s


6.14.

ANNUAL GAMING SITE AUTHORIZATION - ND STATE FAIR FOUNDATION

Presented by Mikayla McWilliams

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 Foundation has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. Recommend approval of the gaming site authorizations for the ND State Fair Foundation to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.
  • Elevation
  • Blue Rider


6.15.

16TH AVENUE SE (OUR REDEEMER'S) SCHOOL SPEED ZONE

Presented by Lance Meyer

The Engineering is proposing to implement a school related special speed zone on 16th Avenue SE around Our Redeemer’s Christian School. The school speed zone would reduce the speed limit from 25-mph to 20-mph (when children are present). The intent of this ordinance is to lower driver speed and increase driver awareness surrounding a school and related schoolchildren with the effect of improving safety. 

RECOMMENDED ACTION

  1. It is recommended that Council pass an ordinance implementing a Special Speed Limit in the form of a school zone on 16th Avenue SE, by Our Redeemer’s Christian School, between 150-feet west ofthe center of 6th Street SE and 700-feet east from the center of 6th Street SE.


6.16.

MINOT CENTRAL PSAP RELOCATION CONSULTANT - REQUEST FOR QUALIFICATIONS

Presented by John Klug, Chief of Police

Along with the City Hall relocation project, Minot Central PSAP is included as a vital portion of the project.  The extensive technology aspect of the PSAP portion of the project exceeds the ability scope and time requirements of current staff. 

RECOMMENDED ACTION

  1. It is recommended City Council approve request for qualifications (RFQ) for technical and professional services consulting services for Minot Central PSAP relocation and build.


 


6.17.

CDM SMITH NDR CONTRACT AMENDMENT 6

Presented by Emily Berg

The proposed contract amendment will reduce CDM Smith’s NDR project delivery contract from $19,383,482.00 by $1,234,545.75 to a revised total of $18,148,936.25. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve CDM Smith NDR Contract Amendment 6; and
  2. Authorize Mayor to sign the contract amendment.
6.18.

PURCHASE OF 2022 PATROL VEHICLES

Presented by John Klug, Chief of Police

The Police Department budgeted for five (5) all-wheel drive patrol cars to be purchased in 2022. The Police Department also budgeted for two (2) investigator vehicles for 2022. 

RECOMMENDATION ACTION 

It is recommended the City Council accept the quote by Nelson Auto, Fergus Fall, MN and purchasing seven (7) 2022 Ford Interceptor Utility Vehicles using North Dakota State Contract for a total cost of $254,768.72.


6.19.

TYLER TECHNOLOGIES, INC – PAYROLL AND HR COMPONENTS

Presented by Lisa Jundt

At the December 6, 2021 regular City Council meeting, the City Council approved a memorandum of understanding (MOU) between the City and Tyler Technologies, Inc.  The MOU set proof of concept demonstration requirements and next steps depending on the outcomes of the demonstration. On January 4, 2022, after the demonstration was unsuccessful, the City Council approved a motion to discontinue implementation of the payroll and HR components with Tyler Technologies, Inc. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the Agreement and Mutual Release and Amendment; and
  2. Authorize the Mayor to sign applicable documents on behalf of the City.
6.20.

APPROVAL OF BID FOR DRILLING WELL F IN THE SUNDRE WELLFIELD

Presented by Dan Jonasson and Jason Sorenson

Bids were received for drilling the new well in the Sundre wellfield.  This well is needed to help provide the added raw water capacity during the summer months to assure water capacity for treatment.

RECOMMENDED ACTION

  1. It is recommended the City Council waive the minor bid irregularity and award the bid to drill a new well inthe Sundre Wellfield to LTP Enterprises in the amount of $349,916.00; and
  2. Authorize the mayor to sign contracts on behalf of the City.
6.21.

RESOLUTION UPDATING AUTHORIZED SIGNATORIES ON CITY BANK ACCOUNTS

Presented by David Lakefield

The current City Treasurer, Penny Johnson, is retiring on April 29th. Melody Shelkey has been selected to replace Penny Johnson. This transition requires the Council to authorize Melody Shelkey to sign on behalf of the City.

 RECOMMENDED ACTION

It is recommended the City Council approve the attached resolution updating the authorized signatories on the City’s bank accounts.

6.22.

CONTRACT FOR RUNWAY 8/26 AND TAXIWAY B REALIGNMENT – PHASE 1 DESIGN ALTERNATIVES AND AIRPORT LAYOUT PLAN (ALP) SHEET UPDATE

Presented by Jennifer Eckman

Runway 8/26 and Taxiway B are in need of rehabilitation.   The goal of this Phase 1 Design Alternatives study is to facilitate the needed detailed planning, stakeholder engagement, preliminary engineering, and coordination with the FAA lines of business ahead of the design grant for the proposed threshold relocation, taxiway relocation and runway rehabilitation as part of a rehabilitation/reconstruction project. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the Runway 8/26 and Taxiway B Realignment – Phase 1 Design Alternatives and Airport Layout Plan (ALP) Sheet Update proposal to be conducted by Short Elliott Hendrickson Inc. (SEH); 
  2. Authorize the Mayor to sign the agreement.


6.23.

CONTRACT FOR RUNWAY PAVEMENT REHAB – BIDDING & CONSTRUCTION ADMIN

Presented by Jennifer Eckman

The primary runway at MOT, Runway 13/31, is experiencing surface deterioration in isolated areas along the length of the runway pavement and SEH has determined delamination of some panels during an evaluation period.   The crosswind runway at MOT, Runway 8/26, is also experiencing pavement deterioration.  

RECOMMENDED ACTION

  1. Recommend approval of the runway pavement rehab bidding and construction administration to be conducted by Short Elliott Hendrickson Inc. (SEH); and
  2. Authorize the Mayor to sign the agreement.
7.

ACTION ITEMS

7.1.

APPROVAL OF EMERGENCY DECLARATION RESOLUTION

Presented by Harold Stewart

An emergency declaration has been submitted for approval so in case funding reimbursement is available for the snow storm ocurring April 12th - 17th.

RECOMMENDED ACTION

It is recommended the City Council approve the Resolution No 3756 for the declaration of the Snow Emergency.

7.2.

SKID STEER LOADER TRADE – BUDGET AMENDMENT

Presented by Jason Sorenson

Over the past few years Public Works has bid multiple skid steers with a guaranteed annual trade amount. When the 2022 budget was put together, the machine numbers were increased to cover annual price increases, but they weren’t increased high enough. 

RECOMMENDED ACTION

It is recommended City Council approve a budget amendment to the 2022 Water and Sewer Departments budgets for the purchase of two new skid steer loaders.

7.3.

SWIF ACTION F - OUTFALL PIPE CLEANING – FINAL PAYMENT (PROJECT NUMBER 3135.2F)

Presented by Jason Sorenson

This project was bid to remove 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.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the final payment in the amount of $46,753.05 to Subsurface, Inc. for the SWIF F Pipe Cleaning project; and
  2. Approve a budget amendment in the amount of $24,690.00 to cover quantity overages on portions of the project.


7.4.

CITYWORKS AND PAYMENTUS INTEGRATION STATEMENT OF WORK (4423)

Presented by Lance Meyer

Staff and consultants are in the final stages of the Cityworks implementation. One of the final tasks is integrating with the City’s online credit card processor Paymentus.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the statement of work with Paymentus for Cityworks integration and authorize the mayor to sign the statement of work; and
  2. Approve the attached budget amendment and use of general fund cash reserves to pay for the integration.


7.5.

PROPOSED ORDINANCE – COPY MACHINE PURCHASE

Presented by John Klug, Chief of Police

The current copier and printer in the Police Department’s Investigations Division are having mechanical issues and is either in need of repair or replacement. This purchase will resolve both issues and increase the efficiency of printing and copying, while also lowering the overall cost of printing color images.

RECOMMENDED ACTION

It is recommended the City Council approve the proposed ordinance to amend the 2021 budget to transfer funds from general fund to capital equipment fund for the purchase of a color copy machine and, authorize the Chief of Police to sign the acceptance of the quote for purchase. 

7.6.

AIRCRAFT RESCUE AND FIREFIGHTING (ARFF) TRUCK PROCUREMENT

Presented by Jennifer Eckman

Unit 301 is a 1992 E-One Titan ARFF vehicle. It is a custom-built truck that is 30 years old. This truck has currently been out of service for over 6 months. Many systems on the truck are very outdated and difficult for which to find parts. The FAA Advisory Circular AC 150/5220-10E states the average service life for ARFF vehicles is 10-15 years. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the contract with SEH to provide consulting services related to the procurement of a new ARFF truck as outlined in the Scope of Work (SOW);
  2. Authorize City staff to solicit bids for a new ARFF truck;
  3. Authorize City staff to request use of the CARES Funds for the ARFF truck;
  4. Authorize City staff to surplus Unit 301;
  5. Approve the associated Budget Amendment to account for increased revenue and expenses relative to the 2022 budget; and 
  6. Authorize the Mayor, City Attorney, and Airport Director to sign the contracts and other relevant documents.
8.

PERSONAL APPEARANCES

9.

MISCELLANEOUS AND DISCUSSION ITEMS

9.1.

2022-2026 CAPITAL IMPROVEMENT PLAN (4677)

Presented by Lance Meyer 

Every year, city departments submit projects for inclusion into the five-year capital improvement plan (CIP). The plan becomes the guiding document for city staff to program and budget capital construction projects throughout the City.  A recommendation to adopt the plan will be presented at the May 2nd meeting. 

10.

LIAISON REPORTS

11.

ADJOURNMENT