City of Minot

Regular City Council Meeting

Monday, May 16, 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

5.

CONSIDER THE REPORT OF THE PLANNING COMMISSION

5.1.

PUBLIC HEARING: LOT 9, BLOCK 2, RAMSTAD'S 2ND ADDITION

Public hearing request on an application from Josh Wolsky, representing Dennis & Liz Wolsky Reserve Life Estate for a zoning map amendment from “M2” Heavy Industrial District to “CBD” Central Business District.  In addition, the request includes a future land use map amendment from the Industrial to Downtown Mixed Use.  The purpose of the application is to facilitate reuse of the property toward uses such as retail, office, restaurant, or other allowed use within the “CBD” Central Business District.  The legal description for the property is Lot 9, Block 2, Ramstads 2nd Addition. The property address is 313 E. Central Ave. 

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

  1. An ordinance on first reading for a zoning map amendment from "M2" Heavy Industrial District to "CBD" Central Business District.
  2. Resolution 3769 to amend the Future Land Use Map for the subject properties from Industrial to Downtown Mixed Use.
5.2.

PUBLIC HEARING: STONEBRIDGE FARMS 4TH ADDITION

Public hearing request on an application from Harold Stewart, City Manager, on behalf of the City of Minot for a zoning map amendment from “R3C” Townhouse Residential District (R3C) to “R2” Two-Family Residential District (R2).  The Land Development Ordinance of the City of Minot, adopted April 5, 2021, no longer permits twinhomes to be constructed within R3C.  The purpose of this request is to bring the existing twinhome properties into legal conforming status and to allow the remaining undeveloped lots to be built with twinhomes.  The legal description for the properties is Lots 2A through 13B, Block 6, Lots 20A through 30B, Block 5, and Lots 35A through 37B, Block 3, Stonebridge Farms 4th Addition, To the City of Minot, North Dakota. The properties are addressed as follows:  3106-3153 8th St NE, and 90, 92, 94, 96, 98, & 100 Mulberry Loop NE.

It is recommended City Council approve an ordinance on first reading for a zoning map amendment from "R3C" Townhouse Residential District to "R2" Two-Family Residential District in alignment with the Planning Commission's recommendation.

5.3.

PUBLIC HEARING: LAND DEVELOPMENT ORDINANCE TEXT AMENDMENT

Public hearing request on an application from Harold Stewart, City Manager, on behalf of the City of Minot for a zoning text amendment to Table 2.2. Table of Uses, Section 4.1-6. C., D. & F., Chapter 2.3 Definitions, Table 6.1-4. Stacking Requirements, and Chapter 6.2 – Parking Table.  The changes surround select commercial uses to be permitted within the “M1” Light Industrial District in limited circumstances.  In addition, the changes include refined buffering standards related to auto maintenance, repair, and car wash uses.  Corresponding changes to the use definitions, parking table, and automobile stacking requirements are included as part of the proposed changes.   The changes will affect properties within the “C2” General Commercial District and “M1” Light Industrial District throughout the City of Minot and extra-territorial jurisdiction of the City.   

It is recommended that City Council approve an ordinance on first reading for a text amendment in alignment with the Planning Commission's recommendation.

5.4.

PUBLIC HEARING: LOT 1, HACIENDA HILLS 12TH ADDITION

Presented by Brian Billingsley

Public hearing request on an application from Tyler Oliver on behalf of Colby 2022, LLC, representing Ronald LaCount on behalf of DRL Holding, LLP, owner, for a zoning map amendment from “M1” Light Industrial District to “C2” General Commercial District.  The request also includes a future land use map amendment from Industrial to Commercial. The legal description for the property is Lot 1, Hacienda Hills 12th Addition. The property is currently unaddressed and located southeast of the intersection of 13th St. SE and Valley St., west of 1710 Valley St.  

It is recommended that City Council deny the following in alignment with the Planning Commission's recommendation:

  1. An ordinance on first reading for a zoning map amendment from "M1" Light Industrial District to "C2" General Commercial District
  2. Resolution 3770 to amend the Future Land Use Map for the subject properties from Industrial to Commercial.
5.5.

MAJOR SUBDIVISION PRELIMINARY PLAT: MALLARD SUBSTATION SUBDIVISION

It is recommended City Council approve the major subdivision preliminary plat for Mallard Substation Subdivision in alignment with the Planning Commission recommendation. 

6.

PUBLIC HEARING

6.1.

PUBLIC HEARING: RENAISSANCE ZONE CONDITIONAL APPROVAL - PROJECT M-100 (SPECTRUM FITNESS)

Presented by Jonathan Rosenthal

Michael and Rachelle Sian representing Spectrum Fitness, Inc., are requesting conditional approval of a Renaissance Zone application for an expansion to a building located at 1915 N. Broadway.

RECOMMENDED ACTION

The Renaissance Zone Review Board recommends the City Council grant conditional approval of Renaissance Zone Case M-100 for a five-year property tax exemption including improvements and for a State Income Tax exemption.

7.

CONSENT ITEMS

7.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the May 2, 2022 Regular City Council meeting, the May 2, 2022 Special City Council meeting, the May 4, 2022 Budget Tours and the May 5, 2022 Budget Tours.

7.2.

ORDINANCES

The following ordinances should be considered for second reading:

  1. Ordinance No. 5737 - Amending 2022 Budget - Airport ARFF Truck
  2. Ordinance No. 5738 - Amending 2022 Budget - Cooling Tower Piping Replacement
  3. Ordinance No. 5739 - Amending 2022 Budget - SBPC Business Accelerator Fund
  4. Ordinance No. 5740 - Chapter 28 - Streets, Sidewalks, and Public Grounds


7.3.

ADMINISTRATIVE APPROVALS

It is recommended the City Council approve the administrative approvals.

7.4.

NORTHSIDE 5TH ADDITION DEVELOPMENT AGREEMENT (3970)

Presented by Lance Meyer 

Northside 5th Addition is a replat of Northside 4th addition. The development is owned by Northgate on Broadway LLC and Gaylin Schmidt. The proposed development agreement satisfies the requirements of the subdivision section of the land development ordinance. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the development agreement; and 
  2. Authorize the Mayor to sign the agreement.  
7.5.

MINOR PLAT: NORTH SIDE 5TH ADDITION

Presented by Brian Billingsley.

Tyler Oliver of Colby 2021, LLC, representing Northgate on Broadway, LLC and Gaylin Schmidt, property owners, requests a minor plat for the North Side 5th Addition be approved to facilitate the rearrangement and combination of existing lots, and to vacate an existing access easement.

RECOMMENDED ACTION

It is recommended the City Council approve a minor subdivision plat as provided in Attachment A to create the North Side 5th Addition, being a replat of Lots 1-6, North Side 4th Addition to the City of Minot.

7.6.

MAJOR SUBDIVISION FINAL PLAT: BOLTON HEIGHTS 12TH ADDITION

Presented by Brian Billingsley.

Luis Cortez and Jacquelyn Ortega, owners, requests that a major subdivision final plat for the Bolton Heights 12th Addition be approved to facilitate the rearrangement and combination of existing lots.

This major subdivision final plat is associated with the Bolton Heights 11th Addition rezoning from “R1” Single-Family Residential to “R2” Two-Family Residential that went before the City Council for its second reading on October 4, 2021, and with the Bolton Heights 12th Addition preliminary plat that went before the City Council on March 21, 2022.

RECOMMENDED ACTION

It is recommended City Council approve major subdivision final plat as provided in Attachment A to create the Bolton Heights 12th Addition, being a replat Lots 1-20, Bolton Heights 11th Addition to the City of Minot.

7.7.

FAÇADE IMPROVEMENT PROGRAM CASE NO. FI-3

Presented by Jonathan Rosenthal

The Mouse River Players applied for a Façade Improvement Program forgivable loan for their building located at 115 1st Street SE. The recommended amount is determined from the lowest of three bids obtained by the applicant times 75%. The owner must pay all the remaining costs.

The Renaissance Review Board met on February 17, 2022 and April 28, 2022 and recommends that the City Council take the following action:

  1. Approve Façade Improvement Program Case No. FI-3 for façade renovation work to be performed by The Mouse River Players located at 115 1st Street SE, in an amount not to exceed $63,998.00, subject to terms and conditions set forth in the program.
7.8.

CODE OF ORDINANCES CHAPTER 28 RE-WRITE - ASSOCIATED POLICIES (4541)

Presented by Lance Meyer

Chapter 28 of the Code of Ordinances governs activities within the right of way and public grounds. The proposed policies are associated with items contained within Chapter 28. 

RECOMMENDED ACTION 

1.    It is recommended City Council approve the attached Outdoor Dining & Seating Area Encroachment License Policy and Parklets & Streateries Encroachment License Policy. 

7.9.

CODE OF ORDINANCES CHAPTER 28 RE-WRITE - FEE RESOLUTION (4541)

Presented by Lance Meyer

Chapter 28 of the Code of Ordinances governs activities within the right of way and public grounds. The proposed resolution sets the fees for licenses, permits, inspections, and other items contained within Chapter 28.  

RECOMMENDED ACTION

It is recommended the City Council adopt the attached resolution setting the fees and other requirements of Chapter 28 of the Code of Ordinances. 

7.10.

STANDARDS SPECIFICATIONS AND DETAILS – 2022 UPDATE

Presented by Lance Meyer

Standard Specifications and Details for Construction provide contractors, developers, engineers, and the public in general with information regarding the requirements for infrastructure construction within the City of Minot. This ensures that new City infrastructure meets a certain quality and uniformity. 

RECOMMENDED ACTION

It is recommended the City Council approve and adopt the 2022 Standard Specifications and Details for Construction.

7.11.

SPECIAL ASSISTANT CITY ATTORNEY - LEGISLATIVE SERVICES

Presented by Harold Stewart and Kelly Hendershot

The City of Minot has previously retained Shane Goettle to provide legal services for the purpose of handling state government affairs and to advise and consult, as needed and requested, on the interface of local, state, and federal resources associated with flood recovery and protection, and city growth associated with energy impacts.  The Agreement before the City Council also includes managing other projects, as assigned.

Attorney Goettle’s responsibilities pursuant to the proposed agreement include, among other things: representing the City of Minot before, during, and after the legislative session; coordinating and/or providing testimony on behalf of the City of Minot; and communicating with state officials and departments on behalf of the City of Minot.  Attorney Goettle also provides a monthly activity report to the City.  The proposed agreement commences June 1, 2022 and expires May 31, 2024.  

RECOMMENDED ACTION

  1. It is recommended the City Council approve and authorize the Mayor to sign the Consulting and Legal Services Agreement between the City of Minot and Shane Goettle; and
  2. Continue the appointment of Shane Goettle as Special Assistant City Attorney.



7.12.

ASSIGNMENT OF LEASE FROM LARRY HUIZENGA TO SHAWN HUIZENGA MINOT INTERNATIONAL AIRPORT, FIRST ADDITION, LOT 6

Presented by Jennifer Eckman

Larry Huizenga is requesting approval from the Minot City Council to consent to the assignment of his ground lease rent agreement for Lot 6, First Addition, Minot International Airport, to his son, Shawn Huizenga. This lease was originally executed between the City and Larry Huizenga in 2019. Both Larry and Shawn have a great working relationship with the General Aviation Community. The Huizenga’s have shown to be excellent tenants that have brought value to our Airport as a New Addition hangar tenant. 

RECOMMENDED ACTION

  1. Approve the consent to assign lease to Shawn Huizenga from Larry Huizenga; and
  2. Authorize the Mayor to sign consent to assign lease.
7.13.

APPROVE 2023 BUDGET SCHEDULE

Presented by: David Lakefield

The proposed 2023 Budget Schedule outlines the various meetings that are required to complete the preparation of the 2023 Budget and meet the statutory deadlines.

RECOMMENDED ACTION

It is recommended the City Council approve the schedule for the preparation of the 2023 Budget.

8.

ACTION ITEMS

8.1.

PUBLIC HEARING: TAX INCREMENT FINANCING DISTRICT #2022-1 (BIG M BUILDING)

Presented by Harold Stewart and Brian Billingsley:

A public hearing to consider the Urban Renewal and Development Plan submitted by Big M Minot, LLC and to consider the development agreement between the City of Minot and Big M Minot, LLC.

Big M Minot, LLC is requesting approval of a TIF District that will finance the asbestos abatement and demolition of the former Midwest Federal Bank building located at 123 1st Street SW, Minot, North Dakota. Big M Minot, LLC is the developer and proposes to rehabilitate the blighted eight-story building into mixed use building with underground parking and a fitness facility in the basement, commercial uses on floors one and two, residential apartments on floors three, four, five, and six, and residential condominiums on floors seven and eight. 

RECOMMENDED ACTION

If the City Council finds that the development or renewal plan complies with the City’s Official Urban Renewal Plan and General Development Plan and NDCC ch. 40-58, City staff recommends the approval of the Urban Renewal and Development Plan resolution relating to TIF District 2022-1; and authorize the Mayor to sign the resolution.


8.2.

REFUND TO CENTRAL AND RENAISSANCE PASS HOLDERS FOR PERIOD OF FREE PARKING

Presented by: David Lakefield

The recommendation is to approve the refund of ½ month to all holders of paid parking passes that were in effect during the period that the gates were open due to the snow storm.

RECOMMENDED ACTION

It is recommended the City Council approve the refund of 1/2 month to all holders of paid parking passes that were in effect during the period that the gates were open due to the snow storm.

8.3.

BID ACCEPTANCE AND CONTRACT AWARD FOR FRONT END LOADER

Presented by Jennifer Eckman

This project will replace existing airport snow removal equipment that has reached the end of its useful life. Unit 311 is a 1977 Fiat Allis Loader and is due for replacement.  The equipment is antiquated, and parts have become obsolete, making the machine unreliable and difficult and no longer cost effective to repair.

RECOMMENDED ACTION

  1. Authorize City staff to accept low bid from RDO Equipment for the Wheel Loader and associated attachments which opened on April 5, 2022 pending federal and state grant awards;
  2. Approve the proposed ordinance on first reading; and
  3. Approve to apply for funding, accept if awarded, and have the Mayor, City Attorney and the Airport Director sign contracts, grants, and necessary documents.
8.4.

BUDGET AMENDMENT TO REPLACE A TOTALED PATROL VEHICLE

Presented by John Klug, Chief of Police

On April 23, 2022 a patrol vehicle was involved in a crash resulting in the vehicle being appraised as a total loss. Nelson Auto was contacted and they still have a vehicle available to allocate to replace the totaled patrol vehicle, which will allow the police department to keep more of the patrol fleet available for use.

RECOMMENDED ACTION

It is recommended the City Council approve the budget amendment to purchase an additional Patrol SUV through Nelson Auto.

8.5.

CODE OF ORDINANCES CHAPTER 20 AMENDMENT FOR OFF HIGHWAY VEHICLES

Presented by John Klug, Chief of Police

Chapter 20 of the Code of Ordinances governs the use of motor vehicles and traffic within the City of Minot. The current ordinance does not allow for use of off highway vehicles (OHV) within the city limits. The proposed changes to Chapter 20 would set the parameters for use of an OHV within the city limits.

RECOMMENDED ACTION

It is recommended the City Council pass the proposed ordinance on first reading approving the changes to Chapter 20 of the Code of Ordinances.

8.6.

MODIFICATION TO FLAG POLICY FOR POW/MIA FLAG

Presented by Dan Jonasson

In April of 2019 the City Council approved a flag policy outlining the flags that are allowed to be flown on City flagpoles. This included the US Flag, ND flag and City of Minot Flag. In oversight, we missed the flags that have been flown in the Veterans section at Rosehill cemetery. The POW/MIA Prisoner of War/ Missing in Action flag has been flown in this veteran’s only section for over 25 years.

RECOMMENDED ACTION

It is recommended the City Council approve the modification to the City Flag Policy to allow the POW/MIA flag to be flown in the veterans section at Rosehill Cemetery.


8.7.

BIRD SCOOTERS – MEMORANDUM OF UNDERSTANDING

Presented by Lance Meyer

Bird Rides, Inc has approached the City of Minot to operate a stand-up electric scooter rental program within the city. The scooters would operate on the street similar to a bicycle and would be enabled via a geofence to operate in specific areas within the community. Scooters would be available to rent twenty-four (24) hours per day via a smartphone app and all users are required to be 18 years of age or over.

RECOMMENDED ACTION

It is recommended the City Council approve the Memorandum of Understanding with Bird Rides, Inc. to operate stand-up electric scooter sharing within the City of Minot.

8.8.

PRIVATE HYDRANT ORDINANCE CHANGE

Presented by Chief Kelli Kronschnabel

The Fire Department until 2021 was tasked with flowing hydrants throughout the community.  The Public Works and Fire Department worked together to create a more effective and efficient process.  This process has the Water Department managing all the city hydrants and the Fire Department took on the private hydrants.  The Fire Department will ensure that the private hydrants within the community are maintained according to the International Fire Code (IFC) and National Fire Protection Association (NFPA) meeting the requirements of the Insurance Services Office (ISO).  

RECOMMENDED ACTION

It is recommended the City Council approve the following ordinance as written to allow the city to hire and assess costs back to the private hydrant owners for the maintenance and repairs needed annually.   

9.

PERSONAL APPEARANCES

10.

MISCELLANEOUS AND DISCUSSION ITEMS

11.

LIAISON REPORTS

12.

ADJOURNMENT