City of Minot

Regular City Council meeting

Monday, October 18, 2021 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.

CONSIDER THE REPORT OF THE PLANNING COMMISSION

4.1.

PUBLIC HEARING: Outlot 16, Section 26, Township 156N, Range 83W

A public hearing to consider a request from Casey Schmidt representing Sunset Memorial and John Pitner, owners, to create an outlot plat and to change the zoning designation of said outlot from “AG” Agricultural District to “P” Public District for the purpose of delineating the existing pet cemetery. 

It is recommended the City Council 

  1. Approve the outlot plat to create Outlot 16 in Section 26, Township 156N, Range 83W.
  2. Pass an Ordinance to amend the Official Zoning Map from "AG" Agricultural District to "P" Public District.
4.2.

PUBLIC HEARING: W50' Less the N10' Lot 6 and W50' of Lot 7, BLock 3, Hecker's Third Addition

A public hearing request on an application from Jacob Lizotte, owner, for a zoning map amendment from “C2” General Commercial District to “R1” Single-Family Residential District and an amendment of the Future Land Use Map designation of the property from General Mixed Use to Low Density Residential. 

It is recommended the City Council 

  1. Approve a resolution to amend  the Future Land Use Map from General Mixed Use to Low Density Residential. 
  2. Pass an Ordinance to amend the Official Zoning Map from "C2" General Commercial District to "R1" Single-Family Residential District.
5.

CONSENT ITEMS

5.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the October 4, 2021 regular City Council meeting and the October 11, 2021 special City Council meeting. 

5.2.

MAYORAL APPOINTMENT

It is recommended the City Council confirm the following appointments 

  • Kevin Black to the Renaissance Zone Review Board as a representative from MACEDC with a term to expire December 31, 2024.
  • Jordan Nelson to the MAGIC Fund Screening Committee to replace Missy Feist-Erickson with a term to expire June 2023.
5.3.

THE FOLLOWING ORDINANCES SHOULD BE CONSIDERED ON SECOND READING

  1. Ordinance No. 5663 - Amend the 2021 Annual Budget- Library Boiler
  2. Ordinance No. 5664 - Amend the 2021 Annual Budget- Tapping Machine Purchase
  3. Ordinance No. 5665 - Amend the 2021 Annual Budget- Purchase of 120 Burdick Expy East
5.4.

ADMINISTRATIVE APPROVALS

It is recommended the City Council ratify the attached administratively approved requests.

5.5.

16th ST SW & 37th AVE SW MILL & OVERLAY EASEMENT BUDGET AMENDMENT (4592)

Presented by Lance Meyer

During project scoping, staff felt that sidewalk agreements could be obtained with property owners to allow for construction of ADA ramps at the intersection corners on 16th St and 37th Ave. However, after review with NDDOT and FHWA, they felt that it would be better to obtain standard temporary and permanent easements for the ADA ramps. 

  1. Recommend council approve the engineering contract amendment for Moore Engineering and authorize the Mayor to sign the amendment;
  2. Recommend council approve the attached budget amendments on 1st reading
5.6.

BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES

The City of Minot retained Dorsey & Whitney to provide professional legal services relating to the Cypress Development construction litigation. The litigation commenced in March 2018, a jury trial was held from July 12-20, 2021, and a verdict was reached by the jury on July 20, 2021. The City recently received billing statements relating to Dorsey & Whitney’s trial time and expenses and the City’s contribution to the billing statements totals $155,391.82. The remaining amount in the professional legal services line item is $54,561.96. In light of the fact that a jury trial occurred in this matter, this was an anticipated budget amendment that has been previously discussed and contemplated at City Council meetings.

It is recommended the City Council approve the proposed budget amendment relating to professional legal services.

5.7.

BUDGET AMENDMENT REQUEST – FIRE PREMIUM TAX

Presented by Fire Chief Kronschnabel

North Dakota law provides that properly organized fire districts receive financial assistance in the form of an annual payment administered by the Insurance Department. This payment reflects a portion of the insurance premium tax collected from the sale of certain insurance products sold within each fire district. Our distribution check for our share of the insurance premium tax distribution was larger than budgeted. The Fire Chief would like to request a budget amendment to be approved by council for the overage of the fire premium tax returned from the State of North Dakota.

The Fire Chief would like to request a budget amendment to be approved by council for the overage of the fire premium tax returned from the State of North Dakota.

5.8.

NDDOT FFY 2022 TRAFFIC SAFETY GRANT (202020014-202020018)

The Minot Police Department has participated in this annual traffic safety grant program on an ongoing basis. The funds are used to pay officers to work in an overtime capacity and increase enforcement of impaired driving, occupant protection, distracted driving, underage drinking, and speed enforcement in an effort to make Minot a safer community.

  1. Recommend authorization to accept the North Dakota Department of Transportation (NDDOT) FFY 2022 Traffic Safety Enforcement Grant for the Minot Police Department; and
  2. Authorize the Mayor to sign the agreement.
  3. Recommend approval of the proposed ordinance for the FFY2022 NDDOT Traffic Safety Division grant on the first reading.
5.9.

GAMING SITE AUTHORIZATION- AGGIE FOUNDATION

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. Aggie Foundation has submitted their application and received approval from the Police Chief.

Recommend approval of the gaming site authorization for Aggie Foundation to conduct games of chance at Dad’s, located at 23 S. Main Street, #B through June 30, 2022.

5.10.

GAMING SITE AUTHORIZATION- BEULAH CONVENTION & VISITORS BUREAU

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. Beulah Convention & Visitors Bureau has submitted their application and received approval from the Police Chief.

Recommend approval of the gaming site authorization for Beulah Convention & Visitors Bureau to conduct games of chance at Comfort Suites located at 601 22nd Avenue SW through June 30, 2022.

5.11.

BROADWAY WATERMAIN – APPROVE PLANS AND SPECS (PROJECT NUMBER 4584)

Presented by Jason Sorenson, Assistant Public Works Director

Water modeling data shows some less than desirable fire flow rates along North Broadway between 19th Ave and 36th Ave NW.  This is due to a number of dead end watermains and a lack of interconnectivity near the Broadway corridor.  This project will consist of constructing a 12” diameter watermain along North Broadway to interconnect the existing dead end watermains.

1.    Recommend council approve the plans and specifications for the Broadway Watermain upsizing project and authorize a call for bids.

5.12.

MOU WITH SIX AREA CHURCHES ESTABLISHING EMERGENCY SHELTER AGREEMENTS

Submitted by John Klug, Chief of Police

History has shown that disaster or emergency situations will occur from time to time that will demand the availability and use of necessary temporary emergency shelters for people within Ward County, North Dakota. 

The Red Cross organization generally agrees to handle arrangements for such shelters in the event of natural or manmade disasters or emergencies, or hostile military, paramilitary, or terrorist actions or other emergencies that may occur or may be officially declared (time permitting) for Ward County.

Situations may arise that for one reason or another, that the Red Cross declines from offering sheltering assistance or desist from continuing to provide such sheltering assistance to people located within or around the City of Minot.

Recommend approval of the MOUs with six (6) area churches to develop arrangements for emergency shelters in disaster situations in the Minot area; and authorize the Mayor to sign the MOUs.

5.13.

APPROVAL OF MASTER SERVICES AGREEMENT EXTENSION

Presented by Dan Jonasson - Director of Public Works

The City released an RFQ seeking qualified firms to perform general engineering and consultant services to assist, advise, design and manage water related projects for the City of Minot in 2019 for a three year period. The firm of Houston Engineering was selected for this service in April of 2019 by the City Council. The initial master service agreement was for 2 years, where they are all typically done for 3 years, when a new RFQ would be completed. The master agreement allows the extension of the master engineering agreement by written mutual consent of the parties.

  1. Recommended Council extend the master water service agreement with Houston Engineering to May of 2022.
  2. Recommend council authorize the Mayor to sign any required documentation for the extension of the master task order agreement for engineering services.
5.14.

HOMEOWNER REHABILITATION & RECONSTRUCTION (HRR) PROGRAM FORGIVENESS OF REMAINING BALANCE ON FORGIVABLE PROMISSORY NOTE – 1609 1ST AVE SE

Utilizing CDBG-DR/NDR funding, the Homeowner Rehabilitation & Reconstruction (HRR) program was created to assist with rehabilitation & reconstruction of homes damaged during the 2011 flood owned by low to moderate income individuals (LMI). For homes qualifying for reconstruction under this program, the term of the forgivable promissory note is five years, remaining at one-hundred percent of the loan amount for the first full year and decreasing twenty percent each year thereafter. One key requirement of this program is that the property must remain the homeowner’s primary residence during the term of the promissory note. In the promissory note there is a clause allowing for an exception to the five-year rule for residency allowing the requirement to be forgiven, stating “The Homeowner applicant becomes disabled to the extent they can no longer live alone in the home and there are no other household members who will be residing in the home.”

Howard & Carol Stavem signed a promissory note with City of Minot utilizing the HRR program for their home at 1609 1st Ave SE in the amount of $130,192.94 with the lien set to expire November 2022. The letter which accompanies this memo from their son is sufficient to establish legitimacy of forgiveness request, keeping in mind honor the federal laws and rules regarding privacy of health information.

It is recommended the City Council approve forgiving remaining balance on forgivable promissory note for the Stavem property located at 1609 1st Ave SE.

5.15.

FIRE ENGINE PURCHASE REQUEST

The Minot Fire Department is in need of an additional engine for the opening of Station 5.  Under the previous bidding process, we were able to secure a tag on option for an additional engine purchase within 365 days. Due to an increase in supply chain pricing, we were notified there will be a 4% cost increase if ordered after November 11, 2021. This increase would result in an approximate additional $24,102.00 to the final cost of the engine. They are under contract to honor our agreed upon price but are asking us since we are ordering at the beginning of the year to order now to avoid their additional supply costs. To avoid this additional cost, we would like to place the order before that date.  

It is recommended the City Council allow for the purchase of a fire engine in order to take advantage of the tag on option that was available from the previous purchase and allow the Mayor to sign all contracts.

5.16.

OFFER RENEWAL OPTION OF LEASE TERMS TO AEROPORT HOBBY SHOPPE, DBA MINOT AVIATION, FOR LOT 1 BLOCK 1, MINOT INTERNATIONAL AIRPORT, SECOND ADDITION

Minot Aviation has been a longstanding tenant at the Minot International Airport (MOT) and is currently in a ground lease agreement with MOT. Minot Aviation has submitted a request to renew the lease for an additional year, per the terms of the lease agreement. The renewal option of the original lease states, “Unless CITY has notified the LESSEE in writing at least one hundred twenty (120) days prior to the expiration of the Base Term or the previously renewed term that it elects not to renew or extend this Agreement, LESSEE and CITY agree, that upon the prior mutual agreement of land rental rates, that LESSEE may be granted an OPTION TO RENEW THIS AGREEMENT ON A YEAR-TO-YEAR BASIS… The parties must mutually agree to the land rental rate and execute the Renewal Option a minimum of ninety (90) days prior to the expiration of the Base Term.”  

  1. Approve renewal option of lease terms to Aeroport Hobby Shoppe, dba Minot Aviation, owned by Stewart Lucke and Eva Lucke; and
  2. Authorize the Mayor to sign any applicable documentation
6.

ACTION ITEMS

6.1.

RESOLUTION ADOPTING AN AGENDA-SETTING PROCESS

At the September 20, 2021 City Council meeting, an issue surfaced regarding the timing of agenda items being placed before Council and how to equitably address all recommendations. The Council directed staff to develop an agenda-setting process to maintain orderly and consistent agenda-setting practices. 

It is recommended the City Council approve a resolution adopting an agenda-setting policy for regular and special City Council meetings.

6.2.

CARNEGIE BUILDING FUNDING REQUEST

Council recently approved a new lease agreement with the Minot Area Council of the Arts (MACA) to administer Public access to the Carnegie Building for meeting and rental purposes.  The building has been vacated and is now under the MACA lease agreement.  Through the transition City Staff has worked with MACA to identify temporary facility needs to accommodate immediate use of the facility.  In addition, it is recommended that an architect assessment be done of the building to identify long-term facility issues/needs as well as estimated costs to remedy the long-term issues/needs.  

It is recommended the City Council approve a 2021 Budget Amendment to provide $50,000 to cover costs associated with the Carnegie Building.

7.

PERSONAL APPEARANCES

8.

MISCELLANEOUS AND DISCUSSION ITEMS

8.1.

USE OF THE CITY SEAL- MINOTAUROS JERSEYS

Ken Oda, Director of Operations for Minot Minotauros Hockey Club, requests permission to use the City seal on Minot themed Tauros jerseys. 

9.

LIAISON REPORTS

10.

ADJOURNMENT