City of Minot

Regular City Council Meeting

Monday, May 2, 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.

MAYOR'S REPORT

3.2.

MAYORAL APPOINTMENTS

It is recommended the City Council confirm the following appointment:

  1. Kevin Seehafer to the MAGIC Fund Steering Committee (Labor Position) for a term to expire April 30, 2025.



5.

CITY ATTORNEY REPORT

6.

PUBLIC HEARING

6.1.

CROCKER MOVE - TIM KELLER, AGENT

Presented by Brian Billingsley and Luke Tillema

The area that is under consideration for the moving application is 501 36th St SW, Minot, ND 58701, also known as Tierrecita Vallejo 1st S-D Lot 11. The proposed moving location is a vacant lot on the end of 5th Ave SW. The property is surrounded by similar single family dwellings as well as single story manufactured homes. The immediate area also contains numerous vacant lots. The move of both buildings is part of the City of Minot and SRJWRB Flood Control Project (Phase WC-1). The applicant stated that the approximately 1900 sf house to be moved is to be placed on a pre-constructed concrete foundation, with an unfinished basement. The applicant also stated that the small storage building will be placed on existing wood floor system and skids.

RECOMMENDED ACTION

It is recommended the City Council approve the relocation of the single family residence and yard shed from 710 37th St SW, Minot ND, 58701 also known as Tierrecita Vallejo 1st S-D Lot 23, to 501 36th St SW, Minot, ND 58701, also known as Tierrecita Vallejo 1st S-D Lot 11, 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. Proof that the Crocker’s have enter into an agreement with Souris River Joint Water Resource Board to take ownership of the property at the new location.
  2. An approved approach permit assigned to 501 36th St SW issued by Harrison 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. 
7.

CONSENT ITEMS

7.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the April 18, 2022 Regular City Council Meeting, the April 11, 2022 Special Council Meeting Municipal Court Budget Tour, and the April 12, 2022 Board of Equalization Meeting.

7.2.

ADMINISTRATIVE APPROVALS

It is recommended the City Council approve the Administrative Approvals.

7.3.

BILLS, TRANSFERS, AND PAYROLL

It is recommended the City Council approve payroll for the period of March 13, 2022 through April 23, 2022 in the amount of $3,376,914.52 and bills and transfers for April in the amount of $2,731,702.74.

7.4.

ORDINANCES

The following ordinances should be considered for second reading:

  1. Ordinance No 5693 - RZ - River Oaks 6th Addition
  2. Ordinance No 5729 -  School Speed Ord - 16th Ave SE
  3. Ordinance No 5730 - RZ - Lot 2 Bayou Addition
  4. Ordinance No 5731 - RZ -Lot 1 Prairie Green 7th Addition Plus .5 of vacated 36th Ave SW
  5. Ordinance No 5733 - 2022 BA - Water & Sewer Skid Steer Trade-Ins
  6. Ordinance No 5734 - 2022 BA - SWIF F CO Amendment
  7. Ordinance No 5735 API Integration with CityWorks
  8. Ordinance No 5736 - 2022 BA - Police Copier
7.5.

MAGIC FUND SCREENING COMMITTEE

It is recommended the City Council approve the MAGIC Fund Screening Committee Meeting Minutes from April 22, 2022.

7.6.

GAMING SITE AUTHORIZATION - COMPANIONS FOR CHILDREN

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. Companions for Children has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

It is recommended the City Council approve the gaming site authorizations for Companions for Children to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.

  1. Buffalo Wild Wings
  2. Mi Mexico
  3. Buffalo Wings and Rings
7.7.

GAMING SITE AUTHORIZATION - MINOT JUNIOR GOLF

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. Minot Junior Golf has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

It is recommended the City Council approve the gaming site authorizations for Minot Junior Golf to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.

  1. Lucky Strike
  2. Ranger Lounge
  3. Trappers Lounge
  4. Capri Bar
  5. Dakota Lounge
  6. Bootlegrz


7.8.

GAMING SITE AUTHORIZATION - MSU ALUMNI ASSOCIATION

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 MSU Alumni Association has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

It is recommended the City Council approve the gaming site authorizations for the MSU Alumni Association to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.

  1. The Grand Hotel 
7.9.

GAMING SITE AUTHORIZATION - MSU BEAVER 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 MSU Beaver Boosters have submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

It is recommended the City Council approve the gaming site authorizations for the MSU Beaver Boosters to conduct games of chance at the below locations during the license year of July 1, 2022 through June 30, 2023.

  1. Sports on Tap
  2. Pour Farm
  3. Lamplighter Lounge
  4. The Spot
  5. X Golf


7.10.

RESOLUTIONS FOR FIRST WESTERN BANK AND TRUST AND STIFEL

Presented by David Lakefield

The current City Treasurer, Penny Johnson, is retiring on April 29th. Melody Shelkey has been selected to replace Penny. This transition requires the Council to authorize the City Treasurer, Mayor, and Finance Director to sign account resolutions for First Western Bank and Trust as well as for Stifel.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the attached resolutions to update the authorized signatories on the City’s accounts with First Western Bank and Trust and Stifl; and
  2. Authorize the Mayor, Finance Director and City Treasurer to sign all documents.


7.11.

ASPHALT HOTBOX – AWARD OF BID (4644)

Presented by Jason Sorenson

On April 19, 2022 bids were opened for an asphalt hotbox.  One bid was received from Swanston Equipment Corporation in the amount of $46,171.00. The unit meets or exceeds all of the specifications for the project.    

RECOMMENDED ACTION  

It is recommended the City Council award the bid to Swanston Equipment Corporation in the amount of $46,171.00 for the asphalt hotbox.                                                          

7.12.

MANHOLE REHAB – 37th AVE/30TH ST SW (PROJECT NUMBER 4633.3)

Presented by Jason Sorenson

On Tuesday, April 12, 2022 bids were opened for a project to clean all of the affected manholes, rebuild the lost concrete section, and line with a corrosion resistance coating or liner system.  There were two bids received and they are as follows:

Bidder                                                      Total Bid Price         

CIP Construction Technologies, Inc.        $330,000.00

Key Contracting, Inc.                               $337,937.00

RECOMMENDED ACTION

  1. It is recommended the City Council waive the minor bid irregularity and award the bid to CIP Construction Technologies, Inc. in the amount of $330,000.00 for the manhole rehab project; and                
  2. Authorize the Mayor to sign contracts on behalf of the City.


7.13.

VERENDRYE ELECTRIC - EASEMENT (4580.1)

Presented by Jason Sorenson

In November of 2020, council awarded the bid for construction of a transfer station at the Minot Landfill.  This easement will be provided to Verendrye Electric to bring electrical service into the property.  

RECOMMENDED ACTION

  1. It is recommended the City Council approve the easement for Verendrye Electric; and
  2. Authorize the Mayor to sign the easement document.


7.14.

REBID OF RUNWAY PAVEMENT REHAB (AIP 3-38-0037-058-2022)

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. One bid was received and opened on April 5, 2022. It was $951,990 over the engineer’s estimate.

RECOMMENDED ACTION

  1. Authorize City staff to reject all bids from the Runway Pavement Rehab bid opening on April 5, 2022; 
  2. Recommend to City staff to work with the SEH to split the project into three distinct projects;
  3. Authorize City staff to solicit new bids for the three projects; and
  4. Approval to apply for the funding, accept if awarded, and have the Mayor, City Attorney and the Airport Director to sign the contracts and necessary documents.
7.15.

P#3135.1 ENGINEERING AGREEMENT EAP UPDATE AND STRUCTURAL INSPECTION

Presented by Dan Jonasson

The proposed project is to update our emergency action flood fight documentation and inspect the existing flood control structural features as required by the USACE to be in compliance with their rules and regulations. This will be done, if approved by the use of a consultant, Houston Engineering.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the Task order engineering agreement with Houston Engineering for EAP update and Structural inspection of flood wall closure; and
  2. Authorize the Mayor to sign the agreement.


7.16.

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 apply for the Environmental Mitigation Trust Fund for the Volkswagen Settlement (EMTF) and to request use of the CARES Funds for the ARFF truck;
  4. Authorize City staff to surplus or scrap Unit 301 in compliance with the EMTF and AIP grant assurances;
  5. Accept the associated Budget Amendment to account for increased revenue and expenses relative to the 2022 budget; and 
  6. Approve to apply for the funding, accept if awarded, and have the Mayor, City Attorney and the Airport Director to sign the contracts and necessary documents.
7.17.

2022 CDBG-NDR STRUCTURE DEMOLITION/SITE RESTORATION ROUND 1 CONTRACT AWARD

Presented by Emily Berg

City of Minot periodically issues demolition/site restoration bids when sufficient properties with structures have been acquired as part of the acquisition program for flood control projects. The intent is to keep on a schedule which supports timing of flood control projects while removing structures from creating hazards. The engineer estimate for this bid which pursuant to HUD procurement rules was required to be prepared prior to bid opening was $454,590.00. Three bids were received with the lowest bid which was also the lowest responsible bid received from Hanson’s Excavating, Inc. in the amount of $536,260.00 The low bid was $81,670 above the engineer estimate calculating to roughly an 18% overage. CDM Smith has submitted a letter of recommendation of award verifying this meets the HUD procurement requirements of being necessary and reasonable. The low bidder is registered with SAM.GOV which reflects a report of no active exclusions or debarment.

RECOMMENDED ACTION

  1. It is recommended the City Council approve contract with Hanson’s Excavating, Inc. for 2022 CDBG-NDR Structural Demolition/Site Restoration Round 1 in the amount of $536,260.00; and
  2. Authorize Mayor to sign the contract.
8.

ACTION ITEMS

8.1.

2022-2026 CAPITAL IMPROVEMENT PLAN APPROVAL (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.

RECOMMENDED ACTION

It is recommended the City Council approve the 2022-2026 Capital Improvement Plan. 

8.2.

CODE OF ORDINANCES CHAPTER 28 RE-WRITE (4541)

Presented by Lance Meyer

Chapter 28 of the Code of Ordinances governs activities within the right of way and public grounds. The chapter covers items such as view obstructions, processions and open air meetings, care and use of the right of way, permitting and licensing, construction, and encroachments. 

The ordinance has become out of date over the decades and a modern ordinance needed to be written that takes into account current city operations, license and permitting needs, and accountability for users of the right of way. The City also needs to be more nimble when allowing for new uses within the right of way such as shared mobility devices, parklets and streateries. 

RECOMMENDED ACTION

It is recommended the City Council pass an ordinance on 1st reading approving Chapter 28 of the Code of Ordinances. 

8.3.

4505 - EDISON SRTS CPM AGREEMENT AMENDMENT

Presented by Lance Meyer

The City and NDDOT signed the original CPM agreement for Edison safe routes to school in 2020. NDDOT has since decided to remove the $290,000.00 funding cap for this Transportation Alternatives (TA) project. Signing the proposed amendment would remove the funding cap, which would increase funding from NDDOT and decrease the local match required for the project. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the ammendment to the CPM Agreement with the North Dakota Department of Transportation (NDDOT); and
  2. Authorize the Engineering Department to utilize excess funds from this project for Street Improvements.  
8.4.

REPLACEMENT UNDERGROUND COOLING TOWER PIPING

Presented by Dan Jonasson

Prior to the Cooling Tower system upgraded from water to glycol and a heat exchanger, the supply lines froze and had to be repaired. Since that repair a loss of glycol has been happening and the determination is that it’s weakened piping from the previous event. With the underground work that will be going on regarding the water main work to the complex this spring, and the close proximity to the cooling tower lines, it is the perfect time to complete these repairs and save in excavation costs.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the proposed budget ordinance on first reading for the cooling tower piping replacement; and
  2. Approve the use of general fund cash reserves in the amount of $12,024.


8.5.

MAGIC FUND GRANT TO SOURIS BASIN PLANNING COUNCIL TO FUND THE BUSINESS ACCELERATOR FUND

Presented by David Lakefield

A request from Souris Basin Planning Council for funding from the Magic Fund to establish a revolving loan fund was approved at the May 20, 2019 Council meeting. The agreement authorized funding of $500,000 in 2019 and $500,000 in 2020. That agreement was later extended to December 31, 2022. The previous funds have been exhausted and this request would further capitalize the revolving loan fund to accommodate additional loans.

The request was for $2,000,000, however, Magic Fund Guidelines limit the amount available for RLF’s to 10% of the balance of the Magic Fund on January 1st of that year.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the recommendation of the Magic Fund Screening Committee award a grant to Souris Basin Planning Council in the amount of $780,000 to fund the Business Accelerator Fund;
  2. Approve the Budget amendment to appropriate the funds; and 
  3. Approve the attached Grant Funding Agreement and authorize the Mayor and Finance Director to sign the agreement.


8.6.

CONTRACT FOR TOWING SERVICES

Presented by John Klug, Chief of Police

The City of Minot had previously awarded the contract with Olson’s Towing in 2018 and that contract has expired but has been honored by Olson’s Towing. After receiving written proposals and conducting clarifying interviews with representatives with both companies, it is the recommendation of the Chief of Police to award the contract for a period of three (3) years from the date of signature.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the contract award with Olson’s Towing and Recovery Inc.; 
  2. Authorize the Chief of Police to negotiate the services agreement with Olson’s Towing and Recovery; and 
  3. Authorize the Mayor to sign the negotiated services agreement.
9.

PERSONAL APPEARANCES

10.

MISCELLANEOUS AND DISCUSSION ITEMS

10.1.

FURTHER DISCUSSION REGARDING LOCALLY SORTING RECYCLING MATERIALS

Presented by Jason Sorenson

11.

ADJOURNMENT