ROLL CALL PLEDGE OF ALLEGIANCE

Transcription

1 Minot City Council - Regular Meeting - Monday, July 2, :30 PM Minot City Council Chambers - City Hall Any person needing special accommodation for the meeting is requested to notify the Clerk's Office at ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES Approval of the minutes from the June 4, 2018 Regular City Council meeting and the June 26, 2018 Special City Council meeting. Documents: PDF REORGANIZATION.PDF 4. BILLS, TRANSFERS, AND PAYROLL Approval of the bills and transfers for June in the amount of $7,038, and payroll for the period of May 13, 2018 through June 23, 2018 in the amount of $2,960, Documents: BILLS JUE 18.PDF PAYROLL JUNE 18.PDF PUBLIC HEARING: A public hearing to consider a request from Timothy Braun to relocate a detached garage, from 1122 W University Ave, also known as Emleys S/D Lot 1 & port Lot 3, Block 20, West Minot Addn Lot 1, to 1004 Jefferson Dr, also known as Randalls Addition Lot 23. (Committee of the Whole Item #6) PUBLIC HEARING: A public hearing to consider a request from Deven Mantz to relocate the single family residence, from th Ave SW, also known as Outlots Sec Outlot 1 W336.7 of E512.7 SWNW, to th Ave SE, also known as Outlot 18 Pending approval and recording of Plat ( Committee of the Whole Item #7) PERSONAL APPEARANCES REPORTS: MAYOR REPORTS: CITY MANAGER - CITY ATTORNEY Documents: ATTORNEY REPORT- JUNE (2).PDF

2 10. CONSIDER THE REPORT OF THE PLANNING COMMISSION 1. Pass an Ordinance on first reading to change the zone from RA District to MH District on Greenland 3rd Addition, Lot 2 2. Adopt a resolution to extend an Interim Use Permit on Landmark Addition, Block 1 Documents: 06 RECOMMENDATIONS 2018.PDF 11. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE 1. Amend Lease Agreement Titled Airport Lease Fixed Base Operator 2. Annual Renewal Of Mowbray & Son Preventative Maintenance Agreement 3. OAG Flight View Agreement 4. Simtech Inc. Annual Fire Alarm Test Contract 5. Assignment Of Lease, T-Hangar No Building Relocation Jefferson Drive- Timothy Braun 7. Building Relocation th Ave SE - Deven Mantz 8. Paving District 498 Final Payment (4288) 9. Recreation Tennis/Basketball Court Resurfacing 10. Auditorium Lighting Upgrade- Award Of Bid 11. Auditorium Arena Flooring - Award Of Bid 12. Library Chiller Coil Replacement 13. Souris Basin Planning Council Amendment For Downtown Infrastructure Project 14. City Of Minot Hazard Mitigation Resolution 15. FY2018 SHSG Regional Response Teams Grant 16. NDDOT FFY 2019 Traffic Safety Grant 17. Handicapped Accessible Parking Space Addition 1st Avenue SE 18. Xcel Energy Easement Request On City Property 19. Specialty Restaurant Beer & Wine License Speed Wok, LLC Dba Suduwok 20. Bid Approval P3135.2D SWIF Action D Culvert Deficiency Repair 21. Amended Contract For Transfer Of Municipal Court Cases To District Court 22. Sidewalk Assessment (4245) 23. Storm Sewer District 122 Final Payment (4197) 24. Adoption Of Permit Fees By Resolution 25. Washington Elementary School Safe Routes To School Project Transportation Alternatives Grant (4367) 26. Right Of Way Encroachment Application Smoke Free Environment Signs 27. Retail Liquor License Transfer- Arny s Carnegie Center Structural Repairs Plan Approval (4291) 29. Direct Purchase Program 30. Purchase Of 416 NW 2nd Avenue Documents: PDF 12. ORDINANCES ON SECOND READING The following ordinances should be considered on second reading: 1. Ordinance No Rezone Outlot 19, Section from RA to MH

3 2. Ordinance No City Sales Tax Proceeds- Minot Park District 3. Ordinance No Amend the CMCO - Adopt Permit Fees by Resolution Documents: ORDINANCE NO PDF ORDINANCE NO PDF ORDINANCE NO PDF 13. ADMINISTRATIVE APPROVALS It is recommended the City Council ratify the attached administratively approved requests. Documents: ADMIN APPROVALS.PDF 14. OTHER BUSINESS 14.I. CONSOLIDATION OF PUBLIC SERVICES 15. ADJOURNMENT

4 June 4, 2018 Regular City Council Meeting MINOT CITY COUNCIL SCHEDULED MEETING JUNE 4, 2018 AT 6:30 P.M. ROLL CALL Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None PLEDGE OF ALLEGIANCE Mayor Barney presiding and led the City Council in the Pledge of Allegiance. APPROVAL OF MINUTES- MAY 7, 2018 REGULAR CITY COUNCIL MEETING APPROVED Alderman Olson moved the City Council approve the minutes from the May 7, 2018 Regular City Council Meeting. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF BILLS MAY 2018 APPROVED Alderman Jantzer moved the City Council approve the bills and transfers as listed for May, 2018 in the amount of $5,440, as follows: ACKERMAN ESTVOLD ACKERMAN ESTVOLD ACME TOOLS ACME TOOLS ADOBE SYSTEMS INC ADVANCED BUSINESS METHODS AHI ALICE TRAINING INSTITUTE LLC ALL AMERICAN TROPHIES AMAZON/GECRB AMBERG, PAUL AMERICAN WELDING & GAS, INC AMERICAN WELDING & GAS, INC AMERIPRIDE AMERIPRIDE AMERITAS LIFE INSURANCE CORP ANDRADE, MEMORIE APCO INTERNATIONAL APEX ENGINEERING GROUP APH/AUTO VALUE APH/AUTO VALUE AQUA-PURE INC ARROWHEAD ACE HARDWARE ARROWHEAD ACE HARDWARE ASHAM, CARMEN AT&T ATTIC, THE ATTIC, THE AUTOMATIONDIRECT.COM AVI SYSTEMS AXON ENTERPRISE, INC BAKER & TAYLOR BOOKS BAKER & TAYLOR BOOKS BAKER & TAYLOR BOOKS BAKKE GRINOLDS WIEDERHOLT BAKKE GRINOLDS WIEDERHOLT BAKKEN, SHARON A BALCO UNIFORM COMPANY, INC BALLANTYNE, BRITTANY BATTERIES PLUS BULBS # BAUER, KATHERINE BECKER, KRYSTA BERG, MONDA BEST BUY BUSINESS ADVANTAGE ACCOUNT Page 1

5 June 4, 2018 Regular City Council Meeting BILLADEAU, WILLIAM OR FERN BLUE CROSS BLUE SHIELD BOEN, KRISTEN BOLTON, TED BORDER STATES ELECTRIC SUPPLY BORDER STATES ELECTRIC SUPPLY BOURGO, JESSE MICHAEL BOWLES, AARON B BROADWAY PRINTING COMPANY BROWN & SAENGER BURNS, AUSTIN BUTLER MACHINERY CO BUTLER MACHINERY CO C&C PLUMBING AND HEATING CARR, JACOB CARSWELL, PAMELA CARSWELL, PAMELA CASAREZ, JR, ANDRES CATERPILLAR FINANCIAL SERVICES CDM SMITH CDW GOVERNMENT INC CDW GOVERNMENT INC CELLEBRITE USA, CORP CENGAGE LEARNING/GALE CHAPPO, DEBBIE CHIEF/LAW ENFORCEMENT SUPPLY CHILD'S WORLD CHRISTOPHER A. CARLSON CHRISTOPHER A. CARLSON CIRCLE SANITATION CITY OF MINOT CLEAN TECH CLEAN TECH CLUTE OFFICE EQUIP. INC COLE PAPERS INC COLLINS, SCOTT COLONIAL LIFE PREMIUM PROCESSING COMFORT SUITES-BISMARCK COMFORT SUITES-BISMARCK COMMUNITY AMBULANCE SERVICE CORE & MAIN CORE & MAIN COUNTRY LIVING CPS, LTD CPS, LTD CROSSCOUNTRY FREIGHT SOLUTIONS, INC CUMMINS POWER, LLC DACOTAH PAPER CO DACOTAH PAPER CO DAKOTA AGRONOMY PARTNERS, LLC DAKOTA ASPHALT PAVEMENT ASSOC DAKOTA FIRE EXTINGUISHER DAKOTA FIRE EXTINGUISHER DAKOTA FLUID POWER, INC DAKOTA OUTERWEAR CO DAKOTA SUPPLY GROUP DAKOTA TRUCK & FARM DAKOTA TRUCK & FARM DELL MARKETING L.P DELTA DENTAL OF MINNESOTA DIG IT UP BACKHOE SERVICE DIRECTV DIRECTV DOMESTIC VIOLENCE CRISIS CENTE DORSEY & WHITNEY DPC INDUSTRIES, INC DRAPER, DAVID DYNATEST CONSULTING, INC ECOLAB ECOLAB EIDE BAILLY ELDORADO NATIONAL - CALIFORNIA EMERGENCY AUTOMOTIVE TECHNOLOGIES EMERGENCY AUTOMOTIVE TECHNOLOGIES ENERBASE ENERBASE ENVIRONMENTAL TOXICITY CONTROL INC ESSENTIAL LIVING INC., ESSENTIAL LIVING INC., ETHANOL PRODUCTS ETHANOL PRODUCTS EXPRESSWAY SUITES FACTORY MOTOR PARTS FACTORY MOTOR PARTS FARGO, CITY OF FARSTAD OIL CO FARSTAD OIL CO FASTENAL COMPANY FASTENAL COMPANY FEDERAL EXPRESS FEDERAL EXPRESS FELTNER, RICHARD FELTNER, RICHARD FERGUSON ENTERPRISES, INC FIDELITY SECURTIY LIFE FIRE EQUIPMENT CO FIRST DISTRICT HEALTH UNIT FIRST INTERNATIONAL BANK & TRUST FLANAGAN, MITCHELL FLEXIBLE PIPE TOOL COMPANY FLEXIBLE PIPE TOOL COMPANY FOLEY, JARED FOLEY, JARED FOLK, JOSEPH & PATTY FOUNTAIN INDUSTRIES LLC FRENCH, JOHN FUNKE, LANDI G & P COMMERCIAL SALES G & P COMMERCIAL SALES GAFFANEYS GENERAL TRADING GENERAL TRADING GEOLOGIC COMPUTER SYSTEMS GERDAU AMERISTEEL GFOA GOETTLE, SHANE C GOOD HOUSEKEEPING GOOSENECK IMPLEMENT GOOSENECK IMPLEMENT GOOSENECK IMPLEMENT COMPANY GRANITE SPRINGS CO GRANITE SPRINGS CO GRAVEL PRODUCTS, INC GREAT LAKES CHAPTER GUMDROP BOOKS HACH HACH HAMPTON INN & SUITES--BISMARCK HARGROVE, MATTHEW HARLEYS HARLEYS SERVICE CENTER INC HES HIGH PLAINS TECHNOLOGY INC HIGH POINT NETWORKS, LLC HINDING, KATHRYN HIRSHFELD, ALLISON HOME DEPOT CREDIT SERVICES HOME OF ECONOMY HOME OF ECONOMY HOMESTEADERS RESTAURANT HOMESTEADERS RESTAURANT HOUSTON ENGINEERING, INC HOUSTON ENGINEERING, INC INFORMATION TECHNOLOGY DEPARTMENT INFORMATION TECHNOLOGY DEPARTMENT INNOVATIVE OFFICE SOLUTIONS LLC INTERNATIONAL CODE COUNCIL, INC INTERNATIONAL TRAVEL AGENCY INTERSTATE BATTERY SYSTEM INTERSTATE BATTERY SYSTEM JAX CONTRACTING, LLC JERRY'S REPAIR & ALIGNMENT JERRY'S REPAIR & ALIGNMENT JH MEDICAL SUPPLY JOHN KLEIN JOHNSON, JERRY JONASSON, DAN JUNDT, LISA K MART KADRMAS, LEE & JACKSON (BISMARCK) KALIHER, PETE KELLER PAVING AND LANDSCAPING KELLER PAVING AND LANDSCAPING KEVIN'S PLUMBING & HEATING KRAFT, JOSHUA KRANDA, TODD D KRANDA, TODD D KUSTOM SIGNALS, INC LANDMARK STRUCTURES LANDSIEDEL, TOM LANG, LANCE LANG, LANCE Page 2

6 June 4, 2018 Regular City Council Meeting LARSON, MACEY LAUDENSCHLAGER, ERIK LAWSON PRODUCTS, INC LEARNING OPPORTUNITIES, INC LEXISNEXIS MATTHEW BENDER LHOIST NORTH AMERICA OF MISSOURI LHOIST NORTH AMERICA OF MISSOURI LIBRARICA LLC LOCATORS & SUPPLIES LOCATORS & SUPPLIES LOWES GARDEN CENTER LOWES PRINTING, INC LOWES PRINTING, INC LTP M&T FIRE AND SAFETY INC MACS INC MACS INC MADC MADC MAGIC CITY GARAGE DOOR COMPANY MAGIC CITY GARAGE DOOR COMPANY MAHONE, KELSEY MAIN ELECTRIC CONSTRUCTION MAIN ELECTRIC CONSTRUCTION MARCO, INC MARCO, INC MARCO, INC MARKETPLACE NORTH MCKIBBEN, JASON MCLEOD, MATT MDU MENARDS MENARDS MERRIMAN, ERIC MICROSOFT CORPORATION MIDSTATES WIRELESS, INC MIKKELSON, LAVERNE MINOT AUTO MINOT AUTO MINOT AUTOMOTIVE CENTER MINOT AUTOMOTIVE CENTER MINOT COMMISSION ON AGING MINOT CONVENTION&VISITORS BUR MINOT CONVENTION&VISITORS BUR MINOT CONVENTION&VISITORS BUR MINOT DAILY NEWS MINOT DAILY NEWS MINOT ELECTRIC MINOT ELECTRIC MINOT EMPLOYEE DONATIONS MINOT LUMBER MINOT PARK DISTRICT MINOT RESTAURANT SUPPLY MINOT VETERINARY CLINIC MINOT VETERINARY CLINIC MINOT WELDING COMPANY MISCELLANEOUS A/R MN CHILD SUPPORT PAYMENT CENTER MN CHILD SUPPORT PAYMENT CENTER MONLEY, RANDI MONTOYA, CARRIE MOORE, MELANIE MOORE, NEIL MORELLI'S DISTRIBUTING INC MORELLI'S DISTRIBUTING INC MOWBRAY & SONS MUUS LUMBER MUUS LUMBER MVTL LABORATORIES MWH AMERICAS, C/O HMJV A JOINT NADA APPRAISAL GUIDES NAGARA - NATIONAL ASSOCIATION OF NAGEL, THOMAS NAPA AUTO PARTS NAPA AUTO PARTS NARDINI FIRE EQUIPMENT NATIONAL ASSOCIATION OF SCHOOL NATIONAL PAYMENT CORPORATION NATIONAL TACTICAL OFFICERS ND CHILD SUPPORT ND DEPT OF HEALTH ND DEPT OF TRANSPORTATION ND INSURANCE DEPT ND INSURANCE DEPT ND INSURANCE DEPT ND ONE CALL, INC ND STATE BOARD OF ACCOUNTANCY NESS IRREVOCABLE FARM TRUST NET TRANSCRIPTS NICOLAISEN, CLEO NICOLAISEN, CLEO NORTH CENTRAL RENTAL & LEASING NORTH PRAIRIE RURAL WATER NORTH PRAIRIE RURAL WATER NORTHERN BRAKE NORTHERN BRAKE NORTHERN IMPROVEMENT COMPANY NORTHERN TRUCK EQUIPMENT CORP NORTHWEST TIRE AND RETREAD NORTHWEST TIRE AND RETREAD NOYES, JOSHUA NTOA NYBAKKEN BODY SHOP OCLC OFFICE DEPOT OFFICE DEPOT OK AUTOMOTIVE OK AUTOMOTIVE OLSON'S TOWING OLSON'S TOWING OLYMPIC SALES INC OLYMPIC SALES INC PADDOCK, MARK PAPPENFUS, MATTHEW PARK CONSTRUCTION PBBS EQUIPMENT CORP PEPSI-COLA BOTTLING COMPANY PEPSI-COLA BOTTLING COMPANY PETRIC, REBECCA PFLEPSEN, CHARITY PHYSIO-CONTROL CORP PKG CONTRACTING, INC POLICEONE.COM ACADEMY POLLARD WATER PRAIRIE SUPPLY PRAIRIE SUPPLY PREFERRED CONTROLS CORP PRINGLE & HERIGSTAD, P.C PRIORITY DISPATCH PROCOLLECT PROFESSIONAL CHOICE PROPERTY PRONUNCIATOR PROTHMAN PROVIDENT LIFE & ACC INS CO QUEST SOFTWARE INC RAMADA BISMARCK HOTEL RDO EQUIPMENT REALTIME TRANSLATIONS, INC REALTIME TRANSLATIONS, INC REYNOLDS, JOHN RHI SUPPLY ROBINSON, DEREK RODMAN, JUSTON ROLLING STONE MAGAZINE ROTARY CLUB OF MINOT ROWMAN & LITTLEFIELD PUBLISHING GRP RUED, JONATHON & DANIELLE SAMMY'S SANITATION PRODUCTS SCHEELS SCHEELS SCHOCKS SAFE AND LOCK SERVICE SCHOCKS SAFE AND LOCK SERVICE SCHULER, BRIANNA SECURITY FENCE, INC SECURITY PLUS SERTOMA CLUB OF MINOT SERTOMA CLUB OF MINOT SERTOMA CLUB OF MINOT SETON IDENTIFICATION PRODUCTS SHRM SIGNS TODAY, INC SIMPLEXGRINNELL LP SKILLPATH SEMINARS SLEEP INN & SUITES SOURCE EQUIPMENT SOURIS BASIN PLANNING COUNCIL SOURIS BASIN PLANNING COUNCIL SOURIS RIVER JOINT WATER RESOURCE SOURIS RIVER JOINT WATER RESOURCE SOUTH DAKOTA CHILD SUPPORT SOUTH DAKOTA CHILD SUPPORT Page 3

7 June 4, 2018 Regular City Council Meeting SPENCER, DAVID SPX CORPORATION STANDARD SIGNS INC STANTEC CONSULTING SERVICES INC STAPLES STAPLES STATE WATER COMMISSION STATE WATER COMMISSION STEEN CONSTRUCTION CO STEIN'S INC STEIN'S INC STEVICK BUSINESS SPECIALTIES & WEAR STROKLUND, TAMI SUMLIN, ROBBIE SUMMERS, HEATHER SUN LIFE FINANCIAL SUNDHEIM, JUSTIN SUNDRE SAND & GRAVEL, INC SUNRISE DELIVERY SUPERIOR CRANE CORP SUPERIOR SERVICE HEATING & AIR SWANSON & WARCUP, LTD SWANSTON EQUIPMENT SWANSTON EQUIPMENT TAKASHIGE, ALEC TEAM ELECTRONICS INC TEAM ELECTRONICS INC TECTA AMERICA TERNES, KEVIN THATCHER COMPANY OF MONTANA THEIN WELL THOMSON REUTERS-WEST PAYMENT CENTER THORSRUD SUPPLY CO., INC TITAN MACHINERY TITAN MACHINERY TODD FERM CONSTRUCTION LLC TOTALFUNDS TRACTOR SUPPLY CREDIT PLAN TRACTOR SUPPLY CREDIT PLAN TRAFFIC CONTROL CORPORATION TRANSUNION TRANSUNION TRILLION AVIATION TRINITY MEDICAL GROUP TRUE VALUE MINOT TWISTED CRK RANCH SUPPLY TX CHILD SUPPORT SDU U.S. FOODSERVICE U.S. POST OFFICE UNIFORM CENTER UNITED MAILING SERVICE UNITED MAILING SERVICE UNUM LIFE INSURANCE COMPANY OF AMER UNUM LIFE INSURANCE COMPANY OF AMER UPS STORE # UPS STORE # USA BLUE BOOK USA BLUE BOOK VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER -- 10### VANTAGEPOINT TRANSFER -- 10### VERIZON VERIZON VERIZON WARD COUNTY AUDITOR WARD COUNTY LAW ENF RANGE WARD COUNTY LAW ENF RANGE WARD COUNTY RECORDER WASHINGTON, ANTHONY WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WEST OAKS ANIMAL HOSPITAL WESTERN STEEL AND PLUMBING WESTERN STEEL AND PLUMBING WESTLIE FORD WESTLIE TRUCK CENTER WESTLIE TRUCK CENTER WHITE, SARAH WHITESELL, STEVE WILBUR-ELLIS CO LLC WILK, KEVIN WILLISTON FIRE DEPT WINNELSON WOODS, PATRINA WSI CLAIM WSI CLAIM XEROX CORPORATION D SPECIALTIES INC TOTAL: $5,440,855,45 CHARGE THESE FUNDS: Airport $ 26, Cemetery 3, Parking Authority Garbage Collection 21, Landfill 30, Water/Sewer Storm Sewer Maintenance 11, Water Supply 61, Water Distribution 37, Sewer 23, Utility Billing 6, Replacement 9, Public Transportation 5, Page 4

8 June 4, 2018 Regular City Council Meeting Library 6, Auditorium/Recreation 13, Total Transferred $ 258, ELECTRONIC PAYMENTS AFLAC 26, BCBS 159, Federal Tax Withholding 288, State Income Tax 0 Sales and Use Tax 4, ND State Disbursement 7, Deferred Comp 19, Verendrye Electric 59, Xcel 131, MDU 12, SRT 19, Verizon Credit Card Payments 18, Mass Mutual 136, Credit Card Fees Check Stop Payment Fee ND Public Finance 149, Noridian Mutual Payables Total 1,035, Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF PAYROLL APRIL 15, 2018 THROUGH MAY 12, 2018 APPROVED Alderman Jantzer moved the City Council approve the payroll for the period of April 15, 2018 through May 12, 2018 in the amount of $1,920, Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PUBLIC HEARING TAXI LICENSE DENIAL PAUL NKETIA UPHELD The City Council held a public hearing to allow Paul Nketia, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application based on the qualifications and background examination. Paul Nketia, of 122 South Main Street, came forward to discuss the denial of his application. He described the circumstances behind some of the issues on his background check. He said, it showed warrants but the case was dismissed. He also said, he received a speeding ticket after a police dispatcher told him to follow a former taxi customer who ran away without paying. Page 5

9 June 4, 2018 Regular City Council Meeting He also said, he got a ticket for being unlicensed because his personal vehicle says taxi on it but he wasn t using it as a taxi at the time. Alderman Jantzer said, the recommendation from the Police Chief stated Mr. Nketia has a driving record that indicates that he has received eleven total citations in North Dakota including two for No Liability Insurance, seven for Speeding, and one for Operating a Motor Vehicle without a License, Disregarding a Traffic Control Device and Improper Registration in the past nine months. Mr. Nketia s North Dakota driver s license has been suspended four times in the past year. Whereupon Alderman Jantzer moved the public hearing be closed and the decision by the Police Chief be upheld. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PUBLIC HEARING - BUILDING RELOCATION REQUEST ND AVE SW APPROVED The City Council held a public hearing to consider the request from Joseph Christoff to relocate a single family residence, from 609 North 52nd Street, Bismarck ND, 58503, to nd Ave SW, Minot, ND 58701, also known as Carney Addition Lot 23, 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. Application and approval of building permits for all proposed construction. 3. An approved foundation design in compliance with City of Minot building codes. 4. If required: plumbing, electrical and HVAC systems must be brought into compliance with current code requirements of the City of Minot. 5. All work at the new location must be in compliance with City of Minot building codes and zoning ordinances. 6. The exterior of the structure must be one consistent color arrangement of colors after relocation. 7. Applicant must obtain all necessary permits, and coordinate all relocation activities with public utilities and traffic authorities. 8. The property must be provided with proper site drainage, and must be landscaped in a manner similar to surrounding properties. No one appeared on behalf of the application. Whereupon Alderman Jantzer moved the public hearing be closed and the building relocation be approved. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PUBLIC HEARING - BUILDING RELOCATION REQUEST TH ST SE APPROVED The City Council held a public hearing to consider the request from Justin Seifert & Samantha Kuntz to relocate a single family residence, from th St SW, Minot ND, also known as Kittelsons S/D South 66 Lot 19, to th St SE, Minot, ND 58701, also known as Elbow Park Manor 4th Addition Lot 2, 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. Application and approval of building permits for all proposed construction. 3. An approved foundation design in compliance with City of Minot building codes. 4. If required: plumbing, electrical and HVAC systems must be brought into compliance with current code requirements of the City of Minot. 5. All work at the new location must be in compliance with City of Minot building codes and zoning ordinances. 6. The exterior of the structure must be one consistent color arrangement of colors after relocation. 7. Applicant must obtain all necessary permits, and coordinate all relocation activities with public utilities and traffic authorities. 8. The property must be provided with proper site drainage, and must be landscaped in a manner similar to surrounding properties. Page 6

10 June 4, 2018 Regular City Council Meeting No one appeared on behalf of the application. Whereupon Alderman Sipma moved the public hearing be closed and the building relocation be approved. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PERSONAL APPEARANCES Lianne Zeltinger, of th St SW, came forward to request an update on the dangerous dog ordinance. Alderman Straight, Chairman of the Animal Ordinance Ad Hoc Committee, apologized for the delay. He said, he intended to bring a recommendation to the Council before the election but they are still working out details. He explained, he has been working with Chief Olson to create a legitimate enforceable ordinance that accomplishes the goal of the ad hoc committee. Jeff Brose, of 2004 Westfield Ave, spoke to the Council concerning the use of solar lights at Rosehill Cemetery. He distributed correspondence from the Cemetery Superintendent explaining the issues with allowing lights at the cemetery. In the , she said, the lights have broken in the past and there was a child who cut her foot on a broken piece. Mr. Brose said, he has been putting lights at a grave since 2002 but now they are not allowed. He acknowledged that the Cemetery Superintendent mentioned in the , she did not know if she had the authority to make policies but she banned the use of solar lights. Mr. Brose asked if one person has the authority to make those decisions and asked why the public was not invited for input. He encouraged the Council to study the issue and come up with some kind of compromise. Alderman Sipma said, after speaking with City staff about the amount of work that would need to go into removing lights each time they have to mow, he sees a reasonable solution that should allow lights to be permanently mounted to the gravestone away from the path of mowers. The Mayor directed the City Manager to look into the issue and if necessary bring it to the Committee of the Whole. MAYOR S REPORT Mayor Barney listed his recent meetings which included a Salute to Seniors at the Auditorium and the South Hill Softball Field Dedication on May 8 th. He attended meetings at the Pentagon on May 15 th with Mr. Hartley Community Partner Program, Undersecretary of the Air Force Matthew Donovan, Senators Hoeven and Heitkamp, Lt General Jack Weinstein A10, and MG Steve Basham, Legislative Liaison. There was also a North Dakota National Guard/ Air Force Reception with Senator Hoeven, Senator Heitkamp, Congressman Cramer, Secretary of the Air Force Heather Wilson, Mayor Brown from Grand Forks, and many Generals and alumni from Minot Air Force Base. On May 17 th, he chaired the Pension Board meeting and met with Heather Leir on the Opioids Committee. On May 25 th, he represented the city at a Memorial Day ceremony at MSU, at the Fire Department graduation ceremony, and at a farewell party for Col. Matt and Deb Brooks. He met with Senator Heitkamp and Senator Jack Reed, R1 Ranking Member of the Armed Services Committee, General Hyten, Commander US STRATCOM, & Lt. Gen. Weinstein on May 29 th. He attended a welcome reception at MAFB hosted by Col. And Mrs. Brooks for incoming Col. And Mrs. Cochran, May 30 th. Represented the city at the 5 th Bomb Wing change of command ceremony officiated by MG Bussier, Commander 8 th Air Force. On June 1 st, he attended a video conference with General Rand Commander of US Global Strike and represented the city at the Corbett Field ribbon cutting. He then welcomed the Job Corp Student Government Association in attendance for the City Council meeting. APPOINTMENTS AND REAPPOINTMENTS APPROVED Alderman Jantzer moved the City Council approve the following Mayoral appointments: Buyout Appeal Committee Juliene Mowan appointed to replace Clyde Thorne. Planning Commission Bob Wetzler reappointed with a term to expire June 30, Page 7

11 June 4, 2018 Regular City Council Meeting Minot Public Library Christine Kramer reappointed with a term to expire June Plumbing Board Wayne Burbach reappointed with a term to expire June Don Kasper reappointed with a term to expire June Recreation Board Kevin Bohl reappointed with a term to expire June Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CITY MANAGER S REPORT The City Manager began by listing the meetings and activities coming up in June. June 5 th is a Candidate Forum hosted by KMOT, June 6 th is a Mayoral Forum hosted by Minot Young Professionals and the election will take place June 12 th at the Auditorium. There will be a public meeting on the Gathering Space June 13 th at Oak Park, June 14 th will be the first part of the Budget Workshop and June 21 st will be the second part. The Planning Commission meeting will be June 25 th, Reorganization meeting of the City Council will be June 26 th and there will only be one Committee of the Whole meeting, June 27 th. The Annual Pay Plan meeting will take place June 28 th at 10:00 am. He announced, the Council Orientation will be scheduled in July due to the busy June schedule. He continued by describing the Budget Workshops. We will continue to incorporate forecasting into the budget using projection modeling in order to get a long term view of revenue and expense projections. We are also working to use a needs based budget for operations. They will continue to be diligent when it comes to sales tax and property tax revenue and the relationship between the two. He said, we also need to be mindful of NAWS, which has been postponed for a while but now that it is moving forward will need revenue put toward its construction. Staff is working hard with other members of the community, including the Souris River Joint Board to finance Flood Control. He said, departments have been directed to develop five-year personnel, operations, maintenance and capital plan to feed into projection models. He reminded that he informed the Council last year that we will be in a several year period of correction. Future revenues are not adequate to cover future expenses and that needs to be addressed. He said, more details will be shared at the Budget Workshops. Mr. Barry used graphs to demonstrate the changes in sales tax collections over the past three years. He showed a cumulative loss of $16.6M in sales tax revenue since He compared that by saying the total property tax collections in 2017 was $17.9M. He said, these are significant revenue shortfalls and added, property valuations decreased about 8% and are projected to decrease another 3% this year which will lead to another difficult budget cycle. He then described the current allocation of sales tax and explained the effect if NAWS is taken out of the second penny. The other allocations would be decreased proportionately, which leaves about $3.8M to make up for those activities. He emphasized that 53% of sales tax collections are financing property tax activities, either directly or indirectly. He continued by discussing the other strain on the budget, which is flood control. Phases 1-3 are underway; $80M in contracts have been awarded and another $12M in projects are going on in other towns. So far there will be about $97.2M expended in the next few years for flood control. Based on the City s current capacity for bonding using the ½ cent, we can only bond for less than $60M. He said, we will need to find a way to cover the difference. There will also be an additional $131M in estimated expenses for phase 4, Maple Diversion. He stated, we need to identify the cash flow for this project or there will be significant challenges moving forward. He moved on to say, the increase in property taxes last year caught the attention of the State Legislature. They asked several cities across the state to deliver testimony. Minot was asked to talk about the reasoning behind the tax increase and how the City moved through the process. They were interested in the use of special assessments, which have received a lot of attention statewide. It is a very big concern for the legislature and they are seriously considering constraining special assessment use throughout the state. Less than $2M in revenue for the City of Minot comes from special assessments whereas some cities receive 40% of their revenue in special assessments. They were also interested in financial transparency in which we were able to alleviate any concerns. They were very impressed with our communication in Minot as it relates to Page 8

12 June 4, 2018 Regular City Council Meeting our social media use, newsletters, editorials, meetings, and budget workshops. He said, the feedback was positive and he believes we were able to build confidence and credibility in our testimony The City Manager then talked about HUB City activities. He said they are working to revise the HUB City formula by incorporating NAICS codes, revising growth impact periods, revising population numbers and discussing weighting. It should give Minot a better and more realistic representation of oil and gas jobs in our community which we believe is disenfranchising us under the current formula. The next steps involve meeting with the technical staff leading the project and the other HUB cities to discuss the changes and try to develop a united front to take to the Energy Development & Transmission Commission as a recommendation to be translated into legislation. He briefly mentioned the parking garages by saying, the system is operational and the structures are being used as intended. Litigation is still moving forward and the structural assessment should take about 4-6 weeks before a recommendation will be brought before the Council. He gave statistics on the clean-up week that took place in May. There were 335 tons collected curbside including 248 appliances, 501 tires, and 15 propane tanks. There were 151 residents who used the free dumping service at the landfill and Kalix collected almost 20,000 pounds of electronics during the household hazardous waste collection. The program will be scheduled again in the fall. A focus group has been comprised to study the potential landfill expansion. It has a wide array of members directly or indirectly involved with the Landfill. Their first meeting will be June 7 th at 4:30 pm. They will help guide staff regarding community concerns and ultimately review the cost benefit analysis of potential sites. He gave a brief update and distributed a document providing more details on ongoing construction projects, NDR updates, and flood control progress. He stated, the downtown will undergo some warranty work on the infrastructure improvements and the contractor and staff are working with merchants to avoid impacting events. The NW Water Tower is taking shape. It needs to be painted, then will be hoisted on top of the structure. It will have a capacity for 1.5 million gallons of storage. The Broadway Bridge is 80% demolished and is on schedule for completion in the fall. The NDR Gathering Space substantial amendment is awaiting approval from HUD, which should be done within 45 days. Staff found a way to keep the environmental review moving forward using EPA Brownfield grant money. He announced there will be a public meeting on June 13 th to give the opportunity to discuss ideas and activities to incorporate into the Gathering Space. CITY ATTORNEY S REPORT The City Attorney submitted a written report. MAGIC FUND RURAL MARKETING MATCH PROGRAM APPLICATIONS APPROVED Alderman Sipma moved the City Council approve the following applications from rural communities for the Rural Marketing Match Program. Motion seconded by Alderman Jantzer. Burlington $4,000 Crosby 3,000 Garrison 4,000 Harvey 3,500 Hazen 3,500 Kenmare 4,000 Mohall 3,500 Parshall 4,000 Pick City 500 Portal 300 Rugby Chamber 1,750 Rugby JDA 1,750 Page 9

13 June 4, 2018 Regular City Council Meeting Stanley 4,000 Turtle Lake 3,500 Total: $41,300 Alderman Straight commented about an the Council received from the City Manager regarding the difficult budget year ahead. He said, the Council may need to reconsider some of these programs and he would like to see an update from the recipients of this funding on how the money is being used. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Sipma, Straight, Wolsky; nays: none. APPROVE THE REQUEST FOR CITY OF MINOT PENSION REFUNDS APPROVED Alderman Jantzer moved the City Council approve the refund of contributions to the following City of Minot employees: Jeanne Alves in the amount of $40, Scott Gange in the amount of $36, Jarrod Rademacher in the amount of $37, Krista Cousins in the amount of $46, Jerome Grondahl in the amount of $26, Brian Andersen in the amount of $39, Twyann Johnson, ex-spouse of Park District employee, Brian Johnson, in the amount of $18,000 Chase Cantone in the amount of $37, Kathryn Dahl in the amount of $29, Jeffrey Johnson in the amount of $29, Adam Casillas in the amount of $33, Tanya Mendelsohn in the amount of $27, Titus Clouse in the amount of $61, Timothy Gates in the amount of $44, Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVE THE REQUEST FOR CITY OF MINOT PENSION RETIREMENT BENEFITS APPROVED Alderman Jantzer moved the City Council approve the pension retirement benefits to the following City of Minot employees: Matthew Gerszewski in the amount of $ Jay Laudenschlager in the amount of $4, Frank Schultz in the amount of $3, Richard Hair in the amount of $3, John Hocking in the amount of $6, Robin White in the amount of $5, Byron Larson in the amount of $3, Timothy McLaughlin in the amount of $3, Darrell Zaback in the amount of $3, Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVE THE REQUEST FOR DEFERRED VESTED BENEFITS APPROVED Page 10

14 June 4, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council approve the deferred vested retirement benefits to the following City of Minot employees: Randy Burckhard in the amount of $3, Trevor Huber in the amount of $2, Cassidy Halseth in the amount of $2, Richard Lewellyn in the amount of $1, Cindy Hemphill in the amount of $2, Daniel Maroney in the amount of $2, Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVE THE REQUEST FOR SURVIVOR BENEFITS APPROVED Alderman Jantzer moved the City Council approve the surviving spouse benefits to the following City of Minot employees: Sue Dokken in the amount of $1, Carmen Fricke in the amount of $1, Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVIDE BUGLE MEADOW ADDITION, LOTS 1 & 2 APPROVED Alderman Olson moved the City Council approve an application by Chris Sison to subdivide Section , Outlot 13 into 2 lots to be known as Bugle Meadow Addition, Lots 1 & 2. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO FOR A CONDITIONAL USE PERMIT TO ALLOW A PORTABLE ASPHALT PLANT & ASSOCIATED AGGREGATE PILES ON SECTION , OUTLOT 37 APPROVED Alderman Olson moved the City Council approve an application by Keller Paving & Landscaping, represented by Sean Weeks, adopting resolution no for a Conditional Use Permit to allow a portable asphalt plant and associated aggregate piles on Section , Outlot 37 subject to compliance with all of the following conditions: 1. A Traffic Study will be required to NDDOT standards and approved by NDDOT and the City Traffic Engineer. 2. Storm Water Management Plans will be required and approved by NDDOT and the City Engineer. 3. Erosion Control practices will need to meet State of North Dakota requirements and approved by the City Engineer. 4. Screening of the outdoor storage areas where the batch plant or materials are stockpiled and visible from the highway is required. An earthen berm or planting of evergreen conifer trees five feet in height, or a combination of the two will provide an adequate screen if the trees are planted no more than twenty feet apart in these areas. Credit will be given for retaining existing trees if they are located such as to provide the desired screening effect. 5. The Landscape Plan and associated Plant Schedule shall be amended to include conifers to screen the outdoor storage areas. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO TO AMEND THE FUTURE LAND USE MAP ON SECTION , OUTLOT 37 APPROVED Page 11

15 June 4, 2018 Regular City Council Meeting Alderman Olson moved the City Council adopt resolution no to amend the Future Land Use Map from Commercial and Conceptual Greenway to Industrial and Conceptual Greenway on Section , Outlot 37. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVIDE OUTLOTS 18 & 19, SECTION APPROVED Alderman Olson moved the City Council approve an application by Deven Mantz to subdivide N½NE¼NE¼SE¼ of Section into 2 lots to be known as Outlots 18 & 19, Section Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO REZONE OUTLOT 19, SECTION FROM RA TO MH FIRST READING APPROVED Alderman Olson moved the City Council place ordinance no on first reading to change the zone from RA (Agricultural Residential) District to MH (Manufactured Home) District on Outlot 19, Section Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson moved the City Council pass ordinance no on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CLOSEOUT PAYMENT FOR MINOT MILL DEMOLITION APPROVED Alderman Sipma moved the City Council approve payment of $10,734 as final payment for demolition and site restoration of the Minot Mill by Dig It Up Backhoe Service, Inc. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ROTARY BRUSH CUTTER (AIR068) APPROVED Alderman Sipma moved the City Council approve the purchase of a rotary brush cutter in the amount of $7, from Gooseneck Implement for the Airport. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SECURITY SYSTEM SUPPORT AGREEMENT APPROVED Alderman Sipma moved the City Council approve the annual support agreement with MEI/Parsons Technologies for the Airport s security system and authorize the Mayor to sign the agreement. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. JOINT POWERS AGREEMENT- CITY OF MINOT & MINOT PARK DISTRICT APPROVED Alderman Sipma moved the City Council approve the Joint Powers Agreement between the City of Minot and the Minot Park District and authorize the Mayor to sign the Agreement. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Page 12

16 June 4, 2018 Regular City Council Meeting ORDINANCE NO CITY SALES TAX PROCEEDS- MINOT PARK DISTRICT FIRST READING APPROVED Alderman Sipma moved the City Council place ordinance no on first reading authorizing and appropriating, on a contingent basis, City sales tax proceeds derived from City ordinances 3560 and 4380, to the Minot Park District, for upgrading, remodeling, or construction of community facilities as permitted under section 1 of ordinance Motion seconded by Alderman Jantzer and carried unanimously. Alderman Sipma moved the City Council pass ordinance no on first reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO ADOPT PERMIT FEES BY RESOLUTION FIRST READING APPROVED Alderman Sipma moved the City Council place ordinance no on first reading adding section 9-2(d).1 and amends sections 9-2(f), 9-49, 12-54, 17-25, and 26-3 of the city of Minot code of ordinances. Motion seconded by Alderman Jantzer and carried unanimously. Alderman Sipma moved the City Council pass ordinance no on first reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVE AMENDMENT 9 TO CDM SMITH ALLOCATION #2 AGREEMENT APPROVED Alderman Sipma moved the City Council approve Amendment #9 adding $65,000 to the contract agreement with CDM Smith for program delivery services for CDBG-DR Allocation #2. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. AMEND CDBG CITIZEN PARTICIPATION PLAN TO CHANGE TO CITY CLERK AS CITIZEN PARTICIPATION CONTACT PERSON APPROVED Alderman Sipma moved the City Council amend the CDBG Citizen Participation Plan to replace the Public Information Officer with the City Clerk based on City Clerk becoming citizen information request contact person for the City. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. NEIGHBOR NEXT DOOR AMENDED LOT SALE AUTHORIZATION APPROVED Alderman Sipma moved the City Council authorize the auction of properties acquired using state grant funds which were flood damaged with deed restriction barring permanent structures from being built on the lots. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ESTABLISHING A RENAISSANCE ZONE ADMINISTRATIVE APPLICATION FEE APPROVED Alderman Sipma moved the City Council establish a Renaissance Zone Administrative Application fee of $500 for a commercial property and $150 for residential single family properties. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ACCOUNTS RECEIVABLE FINANCE CHARGES APPROVED Page 13

17 June 4, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council implement the assessment of a finance charge of 1.75% per month for accounts more than 30 days past due and approve the account application form. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SPOT BLIGHT ACQUISITION POLICIES AND PROCEDURES APPROVED Alderman Sipma moved the City Council approve the policy and procedures to be used for acquisition of flood damaged properties which remain in disrepair from the flood with funding from CDBG-DR Allocation #1. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SCBA AIR COMPRESSOR BIDS (FD0068) APPROVED Alderman Olson moved the City Council accept the bid from Fire Safety USA in the amount of $34, for the SCBA Air Compressor. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ENERGY INFRASTRUCTURE AND IMPACT OFFICE GRANT - POLICE DEPARTMENT APPROVED Alderman Olson moved the City Council authorize the Minot Police Department to submit a grant application for the 2018 ND Energy Infrastructure and Impact Grant and authorize the Mayor to sign the grant agreement, if awarded. Also pass an ordinance to amend the 2018 annual budget if awarded. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. COCA-COLA RIGHT OF WAY ENCROACHMENT APPLICATION APPROVED Alderman Olson moved the City Council approve the Right of Way Encroachment Agreement Application submitted by The Coca-Cola Bottling Company for the installation of three (3) semi-permanent monitoring wells in the City s Right of Way for the purpose of monitoring area ground water condition. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ALCOHOLIC BEVERAGE LICENSE RENEWALS APPROVED Alderman Olson moved the City Council approve the following alcoholic beverage sales license renewals for the July 1, 2018 through June 30, 2019 license year, subject to receipt of proper documentation and renewal fees and approval from the Police Chief, Building Official and Fire Marshal. 10 Partners, LLC 10 North Main 10 North Main Street Supper Club Steve Kottsick 19th Hole th Avenue SW Retail Beer and Wine Apple Core Enterprises, Inc. Applebee's Grill and Bar th Street SW Supper Club Irish Laundry, LLC Arny's 2.0 Bottle Shop & Lounge #12 3rd Street SE Retail Liquor and Beer Page 14

18 June 4, 2018 Regular City Council Meeting Minot TR's, LLC Badland s Grill House & st Avenue SW Supper Club Saloon Barley Pop Bar, Inc. Barley Pop Bar 437 North Broadway Retail Beer and Wine Tonite We Ride, Inc. Ben's Tavern 220 6th Street NE Retail Beer and Wine Y.N.O.T., Inc. Blue Rider 118 1st Avenue SE Retail Beer and Wine Bones BBQ, Inc. Bones BBQ Wine & nd Ave SW Unit B Retail Beer and Wine Brew 5 Guys Bar, LLC Bootlegrz th Avenue SE Suite 2B Retail Liquor and Beer Broadway Liquor, LLC Broadway Liquors 1030 N. Broadway Retail Liquor and Beer Wings of Minot ND, LLC Buffalo Wild Wings 3820 South Broadway Supper Club A & M Hauck, Inc, Buffalo Wings & Rings th Avenue SW Supper Club Shedars, Inc. Capri Bar 2030 Burdick Expressway E Retail Liquor and Beer Captain s Cove, Inc. Captain s Cove Seafood Restaurant 1735 South Broadway Specialty Restaurant Beer and Wine Coborn s, Inc. Cash Wise Liquor # th Street SW #400 Retail Liquor and Beer China Star Minot, Inc. China Star Restaurant 1631 South Broadway Specialty Restaurant Beer and Wine Back In Black, LLC Classic Rock Coffee Co nd Ave SW Specialty Restaurant Beer and Wine Gill Corporation Comfort Suites nd Ave SW Hotel-Motel Retail Liquor and Beer Cookies For You, Inc. Cookies For You 117 South Main Street Retail Beer and Wine Expedition League, Inc. Corbett Field 1124 E Burdick Expressway Specialty Restaurant Beer & Wine H O Entertainment, LLP dae Udder Place Lounge & Casino 1015 South Broadway Retail Liquor and Beer Hanuman, L.L.C. Dakota Inn Trappers Lounge 2401 Elk Drive Hotel-Motel Retail Liquor and Beer TEN, Inc. Dakota Lounge st Avenue SW, Ste A Retail Liquor and Beer WWW, Inc. Ebeneezer's 300 & 304 E Central Avenue Retail Liquor and Beer El Azteca, LLC El Azteca 2035 N. Broadway Specialty Restaurant Beer Bev Naps Inc. Elevation 1912 Valley Bluff Dr Private Golf Course Saturday's, Inc. Fireside Lounge 2605 Burdick Expressway W Retail Liquor and Beer International Inn, Inc. Grand International 1505 North Broadway Hotel-Motel Retail Liquor and Beer Bull Elk Enterprises, Inc. Grizzly's Grill N' Saloon th Street SW Supper Club Classic Foods of Minot Ground Round 2110 Burdick Expressway E Supper Club Minot Hotel Partners, LLC Hampton Inn and Suites 1400 North Broadway Retail Beer and Wine Pardon Enterprises, Inc. Happy Joe s Pizza th Avenue SE Retail Beer Hibachi Buffet 168 Inc. Hibachi Buffet 1901 South Broadway Specialty Restaurant Beer and Wine ADB Investments Minot, LLC Holiday Inn Riverside 2200 Burdick Expressway E Hotel-Motel Retail Liquor and Beer Channel Point Hospitality, LLC Hyatt House of Minot 2301 Landmark Drive Hotel-Motel Retail Liquor and Beer Page 15

19 June 4, 2018 Regular City Council Meeting ZZ Food Group, LLC J.L. Beers nd Ave SW Retail Beer Johanneson s, Inc. KJ's Fresh Market th Avenue SW Retail Liquor and Beer Columbian Club Association Knights of Columbus 2601 North Broadway Private Club Retail Liquor and Beer Lamplighter Lounge, Inc. Lamplighter th Street SW Retail Liquor and Beer Lounge/Arrowhead Liquors VennMitchell, Inc. Landing Bar, Grill & 2015 North Broadway Retail Liquor and Beer Bottle Shop Viraj Thedsomboon Little Blue Elephant 22 South Main Street Specialty Restaurant Beer and Wine EG Retail (America), LLC Loaf N Jug # North Broadway Retail Beer Rare Hospitality Management, LLC. LongHorn Steakhouse # nd Avenue SW Supper Club North Hill Bowl, Inc. Lucky Strike Casino 1901 North Broadway Retail Liquor and Beer Johanneson s of ND, Inc. MarketPlace Liquor 1930 South Broadway Retail Liquor and Beer Johanneson s Inc. Marketplace Liquor th St NW Retail Liquor and Beer North Hill Johanneson s, Inc. Marketplace -South 1620 South Broadway Retail Liquor and Beer Broadway Johanneson s, Inc. Marketplace-Arrowhead nd Avenue SW, Suite 1 Retail Liquor and Beer Mi Casa Su Casa, LLC Mi Casa Su Casa Mexican 315 Main Street South, Ste 200 Supper Club Restaurant Los Cunados, Inc. Mi Mexico th Avenue SW Ste 101 Supper Club GM Minot Operating, LLC Microtel Inn & Suites th Ave SW Retail Beer and Wine M & S Concessions, Inc. Minot State University 500 University Ave West Minot State University Minotauros Junior Hockey Club, LLC Minotauros Junior Hockey Club 2501 West Burdick Expressway Retail Beer and Wine Loyal Order of Moose Moose Lodge No th Street SW Private Club Retail Liquor and Beer Crystal Globe, LLC ND Asia Restaurant th Street SW Supper Club Magni, LLC Noble Inn th Avenue SE Retail Beer and Wine Lovelace, Inc. Nola's Lounge 919 Burdick Expressway W Retail Liquor and Beer AV Vinreet, Inc. Off The Vine #15 South Main Street Retail Beer and Wine KK Investments, Inc. On the Rocks 614 3rd Street NE Retail Liquor and Beer Sergio's of Minot, Inc. Paradiso s Mexican 1445 South Broadway Retail Liquor and Beer Restaurant Premier Food Service, Inc. Pizza Ranch th Avenue SW Specialty Restaurant Beer Pro-Vest, Inc. Planet Pizza 220 South Broadway Retail Beer Pour House, LLC. Pour House 400 East Central Ave Ste. 102 Retail Beer and Wine Dakota Kid, LLC Qdoba Mexican Grill 1700 South Broadway Specialty Restaurant Beer Dakota Kid, LLC Qdoba Mexican Grill 2045 North Broadway Specialty Restaurant Beer FX8, Inc. Quality Inn & Suites 3916 North Broadway Retail Beer and Wine Bricks, Inc. Ranger Lounge 1218 South Broadway Retail Liquor and Beer Friday's, Inc. Rockin Horse Saloon 2625 Burdick Expressway E Retail Liquor and Beer Page 16

20 June 4, 2018 Regular City Council Meeting EBP, Inc. Roosters Nightclub 101 South Main Street Retail Liquor and Beer Rose's Blind Duck, LLP Rose's Blind Duck 1524 S Broadway, Suite 8 Retail Liquor and Beer Lounge Minot Cuisine, Inc. Ruby Tuesday th Avenue SW Supper Club Sakura Japanese Steak House, Inc. Sakura Japanese Steak House th Avenue SW Supper Club Osborn, Inc. Sammy's Pizza 400 North Broadway Retail Beer and Wine Minot Lodging Expo, LLC Sleep Inn & Suites th Street SW Hotel-Motel Retail Liquor and Beer Souris River Brewing, LLC Souris River Brewing 32 3 rd Street NE Retail Beer and Wine Bakken Hospitality, LLP Souris Valley Suites th Avenue SW Hotel-Motel Retail Liquor and Beer Spicy Pie MSU, LLC Spicy Pie MSU 1100 North Broadway Supper Club Sports on Tap, Inc. Sports on Tap 220 South Broadway Retail Liquor and Beer Premiere Hospitality, LLC Staybridge Suites 3009 South Broadway Retail Beer and Wine Jack James Momaney Thai Hot 101 Central Ave W Specialty Restaurant Beer and Wine Jack James Momaney Thai Hot South Main Street, Suite G Specialty Restaurant Beer and Wine The O riginal, Inc. The O riginal Bar & 720 North Broadway Retail Liquor and Beer Nightclub Don and Dawn VerBruggen The Ice Box 100 3rd Street NE Retail Beer and Wine GMRI, Inc. The Olive Garden Italian th Avenue SW Supper Club Restaurant Pour, Inc. The Pour Farm th Avenue SW Retail Liquor and Beer KP2, Inc. The Spot 215 E Central Ave Retail Beer and Wine The Starving Rooster, LLC The Starving Rooster 30 1st Street NE Supper Club Duckpond Ventures, LLC The Tap Room 23 South Main Street, Ste B Retail Beer and Wine Oakwells Commuter Rail Trestle Tap House 305 Airport Rd #221 Airport Terminal Restaurant Madihope, LLC Uncle Maddio's Pizza th St SW Specialty Restaurant Beer and Wine Urban Winery, LLC Urban Winery 6 N Main St #103 Winery Walmart Inc. Wal-Mart Supercenter 3900 South Broadway Retail Liquor and Beer #1636 With Room Coffee, LLC With Room Coffee 400 East Central Ave Ste. 103 Retail Beer and Wine Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RETAIL BEER LICENSE- ATYPICAL, LLC DBA ATYPICAL BREWERY & BARRELWORKS APPROVED Alderman Olson moved the City Council approve the request from Atypical, LLC dba Atypical Brewery & Barrelworks for a Retail Beer license operating at 510 Central Ave E. subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Page 17

21 June 4, 2018 Regular City Council Meeting LEASE FOR RAINBOW GARDENS APPROVED Alderman Olson moved the City Council approve a five-year lease with Rainbow Gardens Association beginning in 2018 and terminating in 2022 for $ per year and authorize the Mayor to sign the lease agreement. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RETAIL LIQUOR LICENSE TRANSFER - THE POUR FARM APPROVED Alderman Olson moved the City Council approve the request to transfer the Retail Liquor and Beer License known as #10959 dba The Pour Farm from, Pour Inc., (Dave Iverson), to The Pour Farm, LLC (Diane Jenson) and to transfer the license from The Pour Farm, LLC (Diane Jenson) to Pour Fools, Inc., (Tracy Boyd), subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. OUTDOOR DINING PERMIT 10 NORTH MAIN APPROVED Alderman Olson moved the City Council approve the encroachment agreement between the City of Minot and 10 N Main to occupy public right-of-way for a seasonal outdoor dining area at 10 North Main Street, approve the documents submitted as part of the application, including, but not limited to; the site plan, drawings, photographs, written descriptions, copies of health department licensure and insurance, all to be made part of the permit and authorize the permit to be valid through the fall of Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SPOT BLIGHT RFP AUTHORIZATION FOR APPRAISERS APPROVED Alderman Olson moved the City Council approve the preparation and issuance of an RFP for Spot Blight Appraisers by DR Program Manager. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. OUTDOOR DINING PERMIT THE TAP ROOM TABLED The City Manager explained, staff found a conflict between the application and current city ordinances. There is a proposed ordinance revision that would allow an exemption for outdoor dining and seating areas with regard to the contiguity requirement necessary for alcoholic beverage service. It would allow the City to move forward with future applications to allow encroachments to have a separation from the building. The Tap Room application includes a separated seating area to comply with ADA requirements. The ordinance revision would allow the application to be approved but first would require a second reading for the law to take effect. Staff has spoken with the applicant about the options available. He can comply with the ordinance as it is currently written until it is revised or we can issue special event permits until the ordinance is changed. The Mayor asked the applicant if he had a preference to which Mr. Lakoduk replied by saying they can table the application and he will apply for special event permits until the ordinance is revised. Upon questioning by the Mayor, the City Manager stated, there is a $25 application fee for event permits. Alderman Straight asked if one of the fees could be waived to which the City Manager responded by saying, they could but would need a subsequent motion as it is a formal waiving of the fee. Page 18

22 June 4, 2018 Regular City Council Meeting Sipma moved the City Council table the application by the Tap Room for an encroachment agreement between the City of Minot and the Tap Room to occupy public right-of-way for a seasonal outdoor dining area at 23 Main Street. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMEND CMCO SECTION OUTDOOR DINING PERMITS FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading amending section 5-27 of the City of Minot Code of Ordinances. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. WAIVE EVENT PERMIT APPLICATION FEE THE TAP ROOM APPROVED Alderman Straight moved the City Council authorize the Tap Room to pay a one-time, $25 application fee for special event permits needed until ordinance no is approved on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO REZONE FROM M1 (LIGHT INDUSTRIAL) DISTRICT TO C3 (CENTRAL BUSINESS) DISTRICT ON CENEX 5TH ADDITION, LOTS 1-3 SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no.5263 on second reading to change the zone from M1 (Light Industrial) District to C3 (Central Business) District on Cenex 5th Addition, Lots 1-3. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no.5263 on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO REZONE FROM AG (AGRICULTURAL) DISTRICT TO RA (AGRICULTURAL RESIDENTIAL) DISTRICT ON GALUSHA RANCH ADDITION; BLOCK 1, LOTS 1-2 & 4-7; BLOCK 2, LOTS 1-23; BLOCK 3, LOTS 1-8 SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading to change the zone from AG (Agricultural) District to RA (Agricultural Residential) District on Galusha Ranch Addition; Block 1, Lots 1-2 & 4-7; Block 2, Lots 1-23; Block 3, Lots 1-8. Proposed Galusha Ranch Addition, Block 1, Lot 3 will remain AG. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO TO CHANGE THE ZONE FROM RA (AGRICULTURAL RESIDENTIAL) DISTRICT TO R1 (SINGLE FAMILY RESIDENTIAL) DISTRICT ON PROPOSED URIJAH S 2ND ADDITION, BLOCK 1, LOTS 1-7 SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading to change the zone from RA (Agricultural Residential) District to R1 (Single Family Residential) District on proposed Urijah s 2nd Addition, Block 1, Lots 1-7. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Page 19

23 June 4, 2018 Regular City Council Meeting ORDINANCE NO REZONE RAMSTADS 2ND ADDITION, BLOCK 3, LOTS 8 & 9 FROM M1 (LIGHT INDUSTRIAL) DISTRICT TO C3 (CENTRAL BUSINESS) DISTRICT SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading approving an application by CKJ Real Estate, represented by Nicole & Jeff Brose, to change the zone from M1 (Light Industrial) District to C3 (Central Business) District for the purpose of adding a garage onto a floral shop on Ramstads 2nd Addition, Block 3, Lots 8 & 9. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO TO REZONE OUTLOT 14, SECTION FROM R1 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RA (AGRICULTURAL RESIDENTIAL) DISTRICT SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading approving an application by Mark Gagner to change the zone from R1 (Single Family Residential) District to RA (Agricultural Residential) District on Outlot 14, Section Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO REZONE SHILOH ADDITION, LOT 1 FROM C2 (GENERAL COMMERCIAL) DISTRICT TO AG (AGRICULTURAL) DISTRICT SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading approving an application by Capital RV Center, Inc. represented by Sean Weeks of Ackerman-Estvold, to allow a change in zoning from C2 (General Commercial) District to AG (Agricultural) District on Shiloh Addition, Lot 1. Motion seconded by Alderman Sipma and carried unanimously. Conditions: Staff recommends approval of this conditional use permit subject to final passage of the text amendment reducing parcel size to 90,000 square feet by City Council in May, and also the following conditions: 1. The City is currently contemplating an ordinance change regarding the requirements for a campground in certain zones; an ordinance was approved on second reading at the April 2, 2018 regular City Council meeting (see attached which is incorporated by reference into this condition). This CUP shall be conditioned upon approval of that ordinance on second reading and, if the ordinance is approved on second reading, full compliance with that ordinance. 2. The use for this parcel will be limited to a seasonal campground for recreational vehicles. 3. The proposed site plan depicting the campground design and narrative describing the operational characteristics of the campground shall be incorporated by reference in this permit. 4. No permanent structures shall be constructed on this parcel. 5. A Development Agreement is required. 6. US Army Corps of Engineers approval is required for constructing a road through Souris River cutoff channel. 7. Access location and easement shall be defined and submitted for review. City Council shall have final approval of access easement, if allowed. The City will not be responsible for maintenance of the access easement. 8. Monthly fees for sewage disposal shall be determined by the Director of Public Works. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMEND THE 2018 ANNUAL BUDGET- UPS BATTERY BACKUP BYPASS SWITCH (IT0015) SECOND READING APPROVED Page 20

24 June 4, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council place ordinance no on second reading amending the 2018 annual budget to increase the information technology capital purchase expenditures and revenues for the purchase and install of a bypass switch and panel changes that will be used with the new UPS Battery Backup for City Hall & Dispatch. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMEND THE 2018 ANNUAL BUDGET - 2 SKID STEER LOADERS TRADE (4177/STR046) SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading to amend the 2018 annual budget to increase the Street capital purchase expenditures and revenues to trade in two skid steer loaders using budget savings from another capital purchase. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO BUDGET ADJUSTMENT TO DECREASE CAPITAL EXPENSES & REVENUES FOR AIRPORT PROJECTS SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading amending the 2018 annual budget to decrease the capital expenses and revenues for capital projects not being done. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMENDMENT TO CITY CODE OF ORDINANCES 7-11 SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading amending the City of Minot Code of Ordinances, Section 7-11 to exempt City Staff and Minot Park District staff from Section 7-11 when egg addling. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMEND THE 2018 ANNUAL BUDGET COMPANIONS FOR CHILDREN GRANT SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading to amend the 2018 annual budget to increase general fund Companions for Children expenditures. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO AMEND THE 2018 ANNUAL BUDGET - LARGE FORMAT COLOR COPIER/SCANNER /PRINTER (4338) SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading amending the 2018 annual budget to increase the engineering general fund and capital purchase expenditures and revenues for the purchase of a large format color copier/scanner/printer. Motion seconded by Alderman Sipma and carried unanimously. Page 21

25 June 4, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO WILDLIFE MANAGEMENT PROGRAM SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading amending the City of Minot Code of Ordinances to establish a program in cooperation with the North Dakota Department of Game and Fish (NDGF) to allow for NDGF to issue deer and turkey tags as part of a City of Minot archery hunting season. Upon final passage and approval of the ordinance the City Council will adopt a resolution designating a season, the number of permits to be issued, and establishing an application fee. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: Barney. RESOLUTION NO DESIGNATING THE SEASON WILDLIFE MANAGEMENT PROGRAM APPROVED Alderman Jantzer moved the City Council adopt resolution no designating a season, the number of permits to be issued, and the application fee relating to the city of Minot wildlife management program. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO PARKING RAMPS 2018 BUDGET (RAMP01 & RAMP02) SECOND READING APPROVED Alderman Jantzer moved the City Council place ordinance no on second reading to amend the 2018 annual budget to add the Parking Ramps expenses and revenues and approve the transfer of funds. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ADMINISTRATIVE APPROVALS APPROVED Alderman Sipma moved the City Council ratify the following administratively approved requests: 1. Vulture Association to conduct a raffle June 1, 2018 at Sportsman s Loft (2800 S Broadway) 2. The Starving Rooster for an event permit July 13, 2018 at 1st St NE N of railroad tracks 3. The Starving Rooster for an event permit July 14, 2018 at 1st St NE N of railroad tracks 4. The Starving Rooster for an event permit August 4, 2018 at 1st St NE N of railroad tracks 5. Colin Brown Y s Men Club to conduct sports pools from September 10, 2018 through December 24, 2018 at YMCA ( th St SW) 6. Defenders Association to conduct a raffle June 8, 2018 at Dakota Square Mall ( th St SW) 7. Serra Club of North Central North Dakota to conduct a raffle July 9, 2018 at St. John The Apostle Catholic Church (2600 W Central Ave) North Main for an event permit June 21, 2018 at the north end of Main Street 9. Minot High School Advanced Entrepreneurship Class to conduct a raffle May 23, 2018 at Minot High School ( th Ave SW) 10. Farstad Oil, Inc. to conduct a raffle June 18, 2018 at Minot Country Club (1912 Valley Bluff Drive) 11. Grand Hotel for a special event permit on May 8, 2018 at MSU Conference Center (500 University Ave W) 12. X-Family Fundraising to conduct a raffle June 2nd & 3rd, 2018 at Ann Nicole Nelson Hall (500 University Ave W) 13. J.L. Beers for a special event permit June 13, 2018 at nd Ave SW 14. The Tap Room for a special event permit June 3, 2018 at Oak Park (1300 BLK 4th Ave NW) Page 22

26 June 4, 2018 Regular City Council Meeting Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ARFF TRUCK LOAN AGREEMENT CITY OF BISMARCK APPROVED Alderman Jantzer moved the City Council enter into an agreement with the City of Bismarck for an Aircraft Rescue Firefighting (ARFF) truck to be loaned to the City of Minot. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ADJOURNMENT There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Olson and carried unanimously. Meeting adjourned at 7:31 pm. ATTEST: APPROVED: Kelly Matalka, City Clerk Chuck Barney, Mayor Page 23

27 Minot City Council Reorganization Meeting June 26, 2018 MINOT CITY COUNCIL - SPECIAL MEETING 6:30 PM ROLL CALL Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None Mayor Chuck Barney presiding. PLEDGE OF ALLEGIANCE Mayor Barney led the City Council in the Pledge of Allegiance. ORDINANCE NO AMEND THE CMCO ALCOHOLIC BEVERAGE LICENSE PREMISES REQUIREMENTS SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading amending section 5-27 of the City of Minot Code of Ordinances. Motion seconded by Alderman Straight and carried unanimously. Alderman Olson moved the City Council pass ordinance no on second reading. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ENCROACHMENT APPLICATION THE TAP ROOM APPROVED Alderman Sipma moved the City Council approve the encroachment agreement between the City of Minot and The Tap Room to occupy public right-of-way for a seasonal outdoor dining area at 23 Main Street S.; approve the documents submitted as part of the application, including, but not limited to; the site plan, drawings, photographs, written descriptions, copies of health department licensure and insurance, all to be made part of the permit and authorize the permit to be valid through the fall of Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CITY OF MINOT INSURANCE PROPOSALS APPROVED Alderman Olson moved the City Council evaluate the proposal from First Western Insurance regarding the City s Insurance coverage. Motion seconded by Alderman Podrygula. The Finance Director explained, staff has run into issues with the City s current insurance coverage through ND Fire and Tornado Fund. He said, there have been a number of challenges securing and continuing coverage for some of the City property such as the turf on the softball fields, downtown parking ramps and statues owned by the City. The parking structures are underinsured which carries risks for the City if anything should happen. He said, he has solicited quotes but needs direction from the Council on whether they would like to continue with the current coverage or find a new provider.

28 Minot City Council Reorganization Meeting June 26, 2018 Upon questioning by Mayor Sipma, Mr. Lakefield stated, the current policy expires July 1 so direction would be necessary to maintain coverage. Mayor Sipma moved to amend the motion to direct staff to extend the policy with ND Fire and Tornado until a Request For Proposals can be crafted to cover all City insurance policies. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Podrygula, as amended and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. COMMENTS BY OUTGOING ALDERMEN & MAYOR BARNEY Alderman Podrygula read a prepared statement where he expressed his gratitude to the City of Minot and its citizens and thanked the individual Council Members for their contributions to the community. Mayor Chuck Barney stated, he wrote notes to each of the Department Heads and the members of City Council to thank them for four years dedicated service while he was Mayor. He thanked Minot State University for permitting him to take the time necessary to perform the duties of Mayor. He then individually recognized Tami Stroklund, the Executive Secretary, Kelly Matalka, the City Clerk, and Tom Barry, the City Manager, and presented them with the Mayor s coin. He thanked his family and particularly his wife Leslie for all of the support they provided over the past four years. ADJOURNMENT Alderman Podrygula moved the City Council adjourn. Motion seconded by Alderman Straight and carried unanimously. The meeting adjourned at 6:50 pm *************************************************************************************

29 Minot City Council Reorganization Meeting June 26, 2018 REORGANIZATIONAL MEETING OF MINOT CITY COUNCIL OATHS OF OFFICE DeVawn Beckman, Police Chaplain, performed the oaths of office with the newly elected Mayor, Council Members and Municipal Judge. There was then a reception for all of the new officials. The City Council reconvened at 7:21 PM. ROLL CALL: Members Present: Jantzer, Olson, Pitner, Sipma, Straight, Wolsky Mayor Shaun Sipma presiding. Members Absent: None CITY COUNCIL VACANT ALDERMAN POSITION TO BE FILLED BY APPOINTMENT APPROVED The City Attorney briefly explained the City ordinance and how to proceed to fill the vacant Alderman position left by Mayor Sipma. She said, Section 2-18 of the City of Minot Code of Ordinances establishes procedures for vacant council positions: If a vacancy occurs in the office of alderman by death, resignation, or otherwise, the city may call a special election to fill such vacancy for the unexpired term or may after fifteen (15) days of the date of such vacancy appoint a person to fill such vacancy until the next city election, at which election the unexpired term shall be filled. Alderman Wolsky moved the City Council direct the City Manager to call a Special City Council meeting to fill the vacant position by appointment after the required 15 day period. Motion seconded by Alderman Straight. Alderman Wolsky commented that he believes it would be appropriate to appoint Stephan Podrygula after the required 15 days have passed. He said, Dr. Podrygula underwent the campaign season and earned the votes from the citizens of Minot. Alderman Straight agreed that filling the vacancy by appointment is the best option, another election is not necessary and would be costly to the City. Alderman Olson clarified, if anyone is interested in filling the vacant Alderman position, they should contact City Hall to express their intentions. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Sipma, Straight, Wolsky. nays: none. ELECTION OF CITY COUNCIL PRESIDENT Alderman Olson nominated Alderman Jantzer for the office of City Council President. Motion seconded by Alderman Straight.

30 Minot City Council Reorganization Meeting June 26, 2018 There being no further nominations, a vote was taken on the motion by Alderman Olson, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Sipma, Straight, Wolsky. nays: none. ELECTION OF CITY COUNCIL VICE-PRESIDENT Alderman Straight nominated Alderman Olson for the office of City Council Vice President. Motion seconded by Alderman Jantzer. There being no further nominations, a vote was taken on the motion by Alderman Straight, seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Sipma, Straight, Wolsky. nays: none. APPOINTMENT OF COMMITTEES The Mayor made the following committee appointments: ALL SEASONS ARENA 1. Josh Wolsky 2. Paul Pitner LIASON (CITY/COUNTY/PARK/SCHOOL) 1. Mark Jantzer 2. Lisa Olson COMMUNITY DEVELOPMENT 1. Mark Jantzer 2. Shannon Straight 3. Josh Wolsky 4. Lisa Olson 5. Vacant COMMISSION ON AGING 1. Vacant SOURIS BASIN PLANNING COUNCIL 1. Shannon Straight LIBRARY 1. Lisa Olson MADC 1. Mark Jantzer 2. Josh Wolsky RECREATION 1. Paul Pitner COUNTY PLANNING 1. Josh Wolsky 2. Paul Pitner FRANCHISE 1. Lisa Olson 2. Josh Wolsky 3. Shannon Straight 4. Vacant 5. Paul Pitner CVB COMMITTEE (Visit Minot) 1. Shannon Straight EMERGENCY RESOURCE COUNCIL STEERING COMMITTEE 1. Lisa Olson EUREKA TOWNSHIP PC 1. Vacant 2. Paul Pitner AFTON TOWNSHIP PC 1. Shannon Straight 2. Lisa Olson PENSION BOARD 1. Mark Jantzer 2. Vacant BUYOUT OFFER APPEAL COMMITTEE 1. Lisa Olson 2. Paul Pitner BUYOUT RELOCATION APPEAL COMMITTEE 1. Paul Pitner

31 Minot City Council Reorganization Meeting June 26, 2018 ZONING ORDINANCE STEERING COMMITTEE 1. Josh Wolsky BUYOUT PROGRAM (NDR) 1. Josh Wolsky ECOLOGICAL RESTORIATION PLAN (NDR) 1. Shannon Straight BUILD AFFORDABLE HOUSING (NDR) 1. Lisa Olson DOWNTOWN GATHERING SPACE (NDR) 1. Shannon Straight FAMILY SHELTER (NDR) 1. Vacant CITY HALL (NDR) 1. Mark Jantzer ECONOMIC DEVELOPMENT STRATEGIC PLAN (NDR) 1. Shaun Sipma VULNERABLE POPULATION ACTION PLAN (NDR) 1. Vacant AFFORDABLE HOUSING MASTER PLAN (NDR) 1. Paul Pitner FUNDING & FINANCING STRAGEGY FOR TARGET NDR PROJECTS (NDR) 1. Mark Jantzer CENTER FOR TECHNICAL EDUCATION (NDR) 1. Lisa Olson Mayor Sipma stated, the vacant appointments will be filled by the sixth Alderman after the appointment is made by Council. Until that time, if any of the committees convene, he will attend in their place. ADJOURNMENT There being no further business, Alderman Jantzer moved the meeting be adjourned. Motion seconded by Alderman Olson and carried unanimously. The meeting was adjourned at 7:28 p.m. ATTEST: APPROVED: Kelly Matalka, City Clerk Shaun Sipma, Mayor

32 Bills June 2018 A i EVANS SEPTIC TAN7( SERVICE BSN SPORTS A i EVANS SEPTIC TANK SERVICE BUREAU OF RECLA3G.TION ACKERMAN ESTVOID BURNS, AUSTIN ACKERMAN ESTVOLD 2492, BUTLER MACHINERY CO ACKERMAN ESTVOLD BUTLER MACHINERY CO ACME TOOLS BUTLER MACHINERY CO AISME TOOLS BUTTON SLING INC ACME TOOLS C&C PLUMBING AND HEATING ACME TOOLS CEC PLUMBING AND HEATING ACOM SOLUTIONS CALLYO 2009 CORP ACTIVE SPORTS CAPFIRST EQUIPMENT FINANCE ADAPCO, INC CAPFIRST EQUIPMENT FINANCE ADEI ThN, SHARE CARROT TOP INDUSTRIES INC ADVANCED BUSINESS METHODS CASHWISE ADVANCED BUSINESS METHODS CASTLEHAN, BRENT ADVANCED WARNING LIGHTS CDM SMITH ADVNT BIOTECHNOLOGIES CDM SMITH ALL AMERICAN TROPHIES CDW GOVERNMENT INC ALL AMERICAN TROPHIES CDW GOVERNMENT INC ALL AMERICAN TROPHIES CDW GOVERNMENt INC ALL AMERICAN TROPHIES CENEX ALL AMERICAN TROPHIES CENGAGE LEARNING/GALE AiffiNo MCGANN, INC CENGAGE LEARNING/GALE AMAEON/GECRB CENTER FOR EDUCATION & EMPLOYMENT AMAZON/GECBB CENTRAL MRCHINING&PUMP REPAIR AMERICAN ASSN OF AIRPORT EREC CHIEF/LAW ENFORCEMENT SUPPLY AMERICAN WELDING & GAS, INC CHRISTIANSON HEATING & AIR AMERICAN WELDING & GAS, INC CHRISTOPHER A. CARLSON AMERIPRIOB CHRISTOPHER A. CARLSON AMERIPRIDE CHRISTOPHER A. CARLSON AMERIPRIDE CIRCLE SANITATION AMERITAS LIFE INSURANCE CORP CIRCLE SANITATION ANERITAS LIFE INSURANCE CORP CIRCLE SANITATION ANDERSON, PHILIP CITY OF CROSBY APEX ENGINEERING GROUP CITY OF GANRISON APR/AUTO VALUE CITY OF HAEEN APR/AUTO VALUE CITY OF KENNARE APPLIED CONCEPTS, INC/STALKER BADAR CITY OF MINOT AQUA PURE INC CITY OS PARSHALL AQUA PURE INC CITY OF PORTAL ARROWHEAD ACE HARDWARE CITY OF STANLEY ARROWHEAD ACE HARDWARE CITY OF TURTLE LAKE ARROWHEAD ACE HARDWARE CKJ REAL ESTATE, LLC ARROWHEAD ACE HARDWARE CLEAN HARBORS ENV. SERVICES AT&T 4476, CLEAN TECH ATTIC, THE CLEAN TECH AVI SYSTEMS CLUTE OFFICE EQUIP. INC BACHMEIER, PAT T CONCRETE & CONSTRUCTION BAKER & TAYLOR BOOKS COLDSPRING MEMORIAL BAKER & TAYLOR BOOKS COLONIAL LIFE PREMIUM PROCESSING BAKER & TAYLOR BOOKS COMFORT SUITES FARGO BAKEE GRINOLDS WIEDERHOLT CONNUNITY AMBULANCE SERVICE BAKKEN DEVELOPMENT GROUP MINOT, LLC COI44UNXTY AMBULANCE SERVICE BARRY, TOM COISIUNITY AMBULANCE SERVICE BATTERIES PLUS BULBS # COMPANIONS FOR CHILDREN BATTERIES PLUS BULBS # COMPUTER INTELLIGENCE ASSOCIA 208, BATTERIES PLUS BULBS # COMPUTER STORE BAUER, KATHERINE COMPUTER STORE BEACON ATHLETICS COOKIES FOR YOU BECHTOLD PAVING CORE & MAIN BECHTOLD PAVING CORE & MAIN BECHTOID PAVING CORE & MAIN BEHRENS, JEFF CPS, LTD BERG, MONDA CRAFT BUILDERS, INC BERT S TRUCK EQUIPMENT CREATIVE PRINTING BJERTNESS, LACIE CRISP, MICHAEL BK PROPERTIES CUZ.S4INS POWER, LLC BLUE CROSS BLUE SHIELD CUbS4INS POWER, LLC BLUE STONE CONSTRUCTION, INC CURT S STARTER & ALT. SERVICE BLUETARP FINANCIAL, INC DACOTAN PAPER CO BLUETARP FINANCIAL, INC DACOTAN PAPER CO BNSF RAILWAY COMPANY DACOTAH PAPER CO BOBEIEN, CHRIS DAHL, JILL BOHANNON, MAGGIE LAPC DAKOTA FIRE EXTINGUISHER BOLTON, TED DAKOTA FIRE EXTINGUISHER BORDER STATES ELECTRIC SUPPLY DAKOTA FIRE EXTINGUISHER BORDER STATES ELECTRIC SUPPLY DAKOTA FIRE EXTINGUISHER BORDER STATES ELECTRIC SUPPLY DAKOTA SUPPLY GROUP BOUND TREE MEDICAL DAKOTA SUPPLY GROUP BOWSERMORNER, INC DAKOTA SUPPLY GROUP BREY, JOHN DAKOTA WRECKING AND SALVAGE BRITEWAY DAKOTA WRECKING AND SALVAGE BROADWAY PRINTING COMPANY DAKOTALAND AUTOGLASS BROADWAY PRINTING COMPANY DAVIDSON CONSTRUCTION BROCK WHITE CO LLC DE SOUR VALLEY ECONOMIC DEVELOPMENT BROCK WHITE CO LLC DECOTEAU, WILLIAM 920, BROWNE, ROBERT DELL MARKETING L.P BROWNE, ROBERT DELL MARKETING L.P

33 Bills June 2018 DELTA DENTAL OF MINNESOTA GENERAL TRADING DELTA DENTAL OF MINNESOTA GERDAU IiMERISTEEL DIG IT UP BACKHOS SERVICE GERDAU AMERISTEEL 123, DIRECTV GERDAU AMERISTEEL DIRECTV GILLISS, SHAPE DIVE RIGHT IN SCUBA, INC 7970, GIRLS LIFE DMV RECORD SERVICES (OREGON) GOETTLE, SHAME C DOMESTIC VIOLENCE CRISIS CENTE GOOSENECK IMPLEMENT DDRSEY & WHITNEY GOOSENECK IMPLEMENT DPC INDUSTRIES, INC GOOSENECK IMPLEMENT COMPANY DPC INDUSTRIES, INC GRAINGER DRUSE, DAMON GRANITE SPRINGS CO DX? ENTERPRISES, INC GRANITE SPRINGS CO. 66, DYNE, DARDEN GRAVEL PRODUCTS, INC. 170, DYNE, DARREN GRAVEL PRODUCTS, INC DYNATEST CONSULTING, INC GRAVEL PRODUCTS, INC EAPC ARCHITECTS GRAVEL PRODUCTS, INC EAPC ARCHITECTS GUMDROP BOOKS EAPC ARCHITECTS HACH EBSCO INFORMATION SERVICES HACH ECOLAP HACH ECOLAB HARLEYS ECOLAB HARLEYS ECOLAB HARLEYS EBLI, JESSICA HARLEYS SERVICE CENTER INC ELIOH, TRAVIS HARVEY JDA EMERGENCY AUTOMOTIVE TECHNOLOGIES HAWKINS, INC EMERGENCY AUTOMOTIVE TECHNOLOGIES HIATT, )4ATT EMERGENCY AUTOMOTIVE TECHNOLOGIES HIGH POINT NETWORKS, LLC ENERBASE HIGH POINT NETWORKS, LLC ENERBASE MIGHT CONSTRUCTION ENERBASE HIRSHFIELD S EMNIS FLINT HOME DEPOT CREDIT SERVICES ENVIRONMENTAL PRODUCTS & ACCESS ROME DEPOT CREDIT SERVICES ESRX, INC HOME DEPOT CREDIT SERVICES ESSENTIAL LIVING INC., HOME OF ECONOMY ETHANOL PRODUCTS HOME OF ECONOMY ETHANOL PRODUCTS HORINKA, BRIAN ETHANOL PRODUCTS HORINKA, BRIAN ETSYSTEMS 2950, HOUSTON ENGINEERING, INC EVIDENT, INC HOUSTON ENGINEERING, INC 96898, EXPLORER POST # HUBER SPRINKLER SERVICE FACTORY MOTOR PARTS HUBER SPRINKLER SERVICE 720, FACTORY MOTOR PARTS INFORMATION TECHNOLOGY DEPARTMENT FACTORY MOTOR PARTS INLAND TRUCK PARTS CO FARDEN CONSTRUCTION INTERNATIONAL CODE COUNCIL, INC FARDEN CONSTRUCTION INTERSTATE BATTERY SYSTEM FARSTAD OIL CO INTERSTATE BATTERY SYSTEM FASTENAL COMPANY ISUEU DIESEL MIDWEST FASTENAL COMPANY J C PENNEY CO FASTENAL COMPANY JENSEN, TAYLOR FASTENAL COMPANY EROMES COLLISION CENTER FEDERAL EXPRESS JERRY S REPAIR & ALIGNMENT FEDERAL EXPRESS M MEDICAL SUPPLY FEDERAL EXPRESS M MEDICAL SUPPLY FELTNER, RICHARD M MEDICAL SUPPLY 220, FERGUSON ENTERPRISES, INC JOB SERVICES OF NORTH DAI<OTA FERGUSON ENTERPRISES, INC JOHNSON CONTROLS FERGUSON ENTERPRISES, INC JOHNSON CONTROLS FERGUSON WATERWORKS # JOHNSON CONTROLS FIDELITY SECURTIY LIFE JOHNSON, CHRISTINE FILKINS, JACOB JONASSON, DAN FINANCE JONASSON, DAN FIRE EQUIPMENT CO K HART FIRE EQUIPMENT CO KADRNAS, LEE & JACKSON (SISHARCK) FIRE SAFETY USA, INC KADRNAS, LEE & JACKSON (BISHARCK) FIRE SAFETY USA, INC 155, KAIIX FIRST DISTRICT HEALTH UNIT KALIX FIRST INTERNATIONAL BANK & TRUST KARPENEO, TON FIRST WESTERN INSURANCE KELLER PAVING AND LANDSCAPING FISHER SCIENTIFIC KELLER PAVING AND LANDSCAPING FLAIL MASTER KEYCARE PHARMACY FLEETMIND SOLUTIONS INC KLINKHAJ*IER, BRANDON FLERMOEN, NELLI NEANDA, TODD D FLEXIBLE PIPE TOOL COMPANY KRANDA, TODD D FLEXIBLE PIPE TOOL COMPANY NEANDA, TODD D FOLEY, JARED KUHN, TRENTON FUSION AUTOMATION INC KUM & GO G P COhTIERCIAL SALES KUSTOM SIGNALS, INC G & P CO~24ERCIAL SALES LARSON, NACEY G & P COMEERCIAL SALES LAWSON PRODUCTS, INC G&S PLUMBING & HEATING LAWSON PRODUCTS, INC GAFFANEYS LEMAR, GERARD GAFFANEYS LENTZ, JACOB GATES, BYRON LEWIS, ROBERT GEFROH ELECTRIC LEXISNEXIS MATTHEW BENDER GENERAL TRADING LEXISNEXIS MATTHEW BENDER GENERAL TRADING LROIST NORTH AMERICA OF MISSOURI

34 Bills June 2018 LHOIST NORTH AMERICA OF MISSOURI MOE, RUTH LHOIST NORTH AMERICA OF MISSOURI MOHAIL, CITY OF LOCATORS & SUPPLIES MOORE, MELANIE LOCATORS & SUPPLIES MOORE, MELANIE LOCKS, ELIEABETH MOORE, MELANIE LOWES GARDEN CENTER MORELLI S DISTRIBUTING INC tones PRINTING, INC $ MORELLI S DISTRIBUTING INC LOWES PRINTING, INC MOWBRAY S SONS tones PRINTING, INC MOWERAY S SONS N & H GAS MULCARY COMPANY N & S SHEET METAL, INC MUUS LUMBER N & S SHEET METAL, INC HUUS LUMBER N B COMPANY MVTL ISBORATORIES MACA MVTL LABORATORIES MACS INC MV!EL LABORATORIES MACS INC NAGEL, THOMAS MACS INC NANA AUTO PARTS MACS INC NAPA AUTO PARTS MACS INC NAP?. AUTO PARTS MADC NAPA AUTO PARTS MADC NATIONAL ASSOCIATION OF SCHOOL MAGIC CITY GARAGE DOOR COMPANY NATIONAL PAYMENT CORPORATION MAGIC CITY GARAGE DOOR COMPANY 492, NBS CALIBRATIONS MAIN ElECTRIC CONSTRUCTION NBS CALIBRATIONS MAIN ELECTRIC CONSTRUCTION ND CHILD SUPPORT MAKE A SCENE KID S THEATRE ND CHILD SUPPORT MANTE, DEVEN ND DEPT OF HEALTH MARCO, INC ND DEPT OF HEALTH MARCO, INC ND DEPT OF HEALTH MARCO, INC ND DEPT OF TRANSPORTATION MARCO, INC ND DEPT OF TRANSPORTATION MARKS GUN WORK ND DEPT OF TRANSPORTATION MARKETPLACE FOODS ND DEPT OF TRANSPORTATION MARKETPLACE FOODS MD DEPT OF TRANSPORTATION MARKETPLACE FOODS ARROWHEAD ND HOUSING FINANCE AGENCY MARKETPLACE NORTH ND INSURANCE DEPT MARTISEN, DELLA & OLIVIA CHRISTMAS ND ONE CALL, INC MASIMO AMERICAS, INC ND ONE CALL, INC MATERIAL TESTING ND STATE BOARD OF ACCOUNTANCY MATERIAL TESTING ND STATE RADIO COt*f MATERIAL TESTING ND STATE RADIO CO~fi MDU NDAAO MENARDS NDAAO MENARDS NDSC MENARDS NDSC MESSERLI S KRAMER PA NELSON FORD MEYER, LANCE NELSON, PAULETTE MICHELSON, TODD 117.3D NESHEIM, BARBARA MICROSOFT CORPORATION NESS IRREVOCABLE FARM TRUST MICROSOFT CORPORATION HESS, JUDY MIDSTATES WIRELESS, INC NET TRANSCRIPTS MILTON YOUNG TOWERS 5, NEWMAN BROTHERS, INC MILTON YOUNG TOWERS NEWMAN TRAFFIC SIGNS MINOT AUTO NEWMAN TRAFFIC SIGNS MINOT AUTO NICOLAISEN, CLEO MINOT AUTO NICOLAISEN, CLEC MINOT AUTO D3 NIESS IMPRESSIONS MINOT AUTOMOTIVE CENTER NIESS IMPRESSIONS MINOT CITY AUDITOR NORMONT EQUIPMENT CO MINOT CO~*4ISSION ON AGING NORTH COUNTRY MERCANTILE MINOT CONVENTION&VISITORS EUR NORTH COUNTRY SPORTSWEAR MINOT CONVENTION&VISITORS StiR NORTH PRAIRIE RURAL WATER MINOT CONVENTION&VISITORS BUN NORTH PRAIRIE RURAL WATER MINOT CONVENTION&VISITORS BUN NORTHERN BRAKE MINOT CONVEHTION&VISITORS StiR NORTHERN TESTING MINOT DAILY NEWS NORTHERN TESTING MINOT DAILY NEWS NORTHERN TRUCK EQUIPMEHT CORP MINOT DAILY NEWS NORTHERN TRUCK EQUIPMEHT CORP MINOT ELECTRIC NORTHWEST TIRE AND RETREAD MINOT ELECTRIC NORTHWEST TIRE AND RETREAD MINOT ELECTRIC NORTHWEST TIRE AND RETREAD MINOT EMPLOYEE DONATIONS NOTES, JOSHUA MINOT LUMBER NOYES, JOSHUA HINOT LUMBER HYBAflCEN BODY SHOP MINOT LUMBER O REILLY AUTO PARTS MINOT PLUHBING&HEATING CO INC O REILLY AUTO PARTS MINOT PLUMBINGSHEATING CO INC OCLO MINOT PUBLIC SCHOOLS ACTIVITIES OFFICE DEPOT MINOT RESTAURANT SUPPLY OFFICE DEPOT MINDT RESTAURANT SUPPLY OFFICE DEPOT MINOT ROBOTIC OFFICE FURNITURE RESOURCES HINOT VETERINARY CLINIC OK AUTOMOTIVE MINOT WELDING COMPANY OK AUTOMOTIVE MISCELLANEOUS A/R OK AUTOMOTIVE MISCELLANEOUS A/R OLSON, LINDA l ffl CHILD SUPPORT PAYMENT CENTER OLSON S TOWING MB CHILD SUPPORT PAYMENT CENTER OTIS ELEVATOR COMPANY MB CHILD SUPPORT PAYMENT CENTER OTIS ELEVATOR COMPANY

35 Bills June 2018 OTIS ELEVATOR COMPANY SOUTH DAKOTA CHILD SUPPORT OVERHEAD DOOR CO. OF MINOT SPENCER, DAVIO OVERHEAD 000R CO. OF MINOT SPENCER, DAVID OVERHEAD DOOR CO. OF MINOT STANTEC CONSULTING SERVICES INC PANGEA HOUSE STANTEC CONSULTING SERVICES INC PARK CONSTRUCTION STAPLES PEI STAPLES PEI STAPlES PEPSI COLA BOTTLING COMPANY STATE WATER CO144ISSION PEPSI-COlA BOTTLING COMPANY STATE WATER COI*~ISSION PEPSI COLA BOTTLING COMPANY STATE WATER COm4ISSION PETERSON, AARON 289, STATE WATER COI tission PI4YSIO CONTROL CORP STATE WATER CO1IISSION PICK CITY STEFFENSEN, BERG & DONITA PIONEER MANUFACTURING COMPANY STEIN, JEANNE PITNEY BONES INC STEIN S INC POLLARD WATER STEIN S INC POST BOARD STEIN S INC POST CONSTRUCTION COMPANY STEVICK BUSINESS SPECIALTIES & WEAR POST CONSTRUCTION COMPANY STEVICK BUSINESS SPECIALTIES & WEAR PRAIRIE ENGINEERING, P.C STRANDEMO, COLE PRAIRIE SUPPLY STREICHER S PRAXAIR DISTRIBUTION, INC STROKLUND, TANI PREFERRED CONTROLS CORP SUBWAY OF MINOT PRINGLE & HERIGSTAD, P.C SUN LIFE FINANCIAL PRINGLE & HERIGSTAD, P.C SVL SERVICE CORPORATION PRINGLE & HERIGSTAD, P.C SWANSON & WARCUP, LTD PROCOLLECT SWANSTON EQUIPMENT PROCOLIECT SWANSTON EQUIPMENT PROTHMAN SWANSTON EQUIPMENT PROTUMAN TARGET PROVIDENT LIFE & ACC INS CO TAXI PROVIDENT LIFE & ACC INS CO TEAM ELECTRONICS INC PSYCHOLOGICAL RESOURCES TEAM LAB CHEMICAL CORP QUALITY INN & SUITES - DICKINSON THOMSON REUTERS-WEST PAYMENT CENTER R R INDUSTRIES, INC THORSRUD SUPPLY CO., INC RADIODETECTION TIMOTHY, SCOTT RADICE, PERCY TINT MAN RAINBOW PHOTO LAB, INC TITAN MACHINERY RALPH S PLUMBING TITAN MACHINERY RAMKOTA HOTEL & CONFERENCE CENTER TODD FERN CONSTRUCTION LLC EDO EQUIPMENT TOLLEFSON S EDO EQUIPMENT TOM S BACKHOE SERVICE EDO EQUIPMENT TOO DARK MOTORSPORTS READY BUILDERS, INC TOTALFUNDS RECORDED BOOKS TRACTOR SUPPLY CREDIT PLAN RECORDED BOOKS TRACTOR SUPPLY CREDIT PLAN REPUBLIC PARKING SYSTEM 23119, TRAFFIC CONTROL CORPORATION REPUBLIC PARKING SYSTEM TRANSUNION REPUBLIC PARKING SYSTEM TRANSUNION RHI SUPPLY TRI TECH FORENSICS, INC RICHARDS REFRIGERATION TRILLION AVIATION RIPP RESTRAINTS TRINITY HEALTH ROW!C,N S LITTLEFIELD PUBLISHING GRP TRINITY MEDICAL GROUP RUGBY CHAMBER OF C08*4ERCE & CONVEN TRUAX PATIENT SERVICES RUGBY JDA TRUE VALUE MINOT SAFE KIDS WORLDWIDE TUFF TRUCKS SANDUSKY, CAISEE TUFF TRUCKS SOO.OO SANITATION PRODUCTS TWISTED CRK RANCH SUPPLY SANITATION PRODUCTS TWISTED CRK PANCH SUPPLY SANITATION PRODUCTS TX CHILD SUPPORT SDU SATHER, LONNIE TX CHILD SUPPORT S0U SCHEELS TYLER TECHNOLOGIES, INC SCHEELS TYLER TECHNOLOGIES, INC SCHMIDT, GAYLIN U.S. F000SERVICE SCHOCKS SAFE AND LOCK SERVICE U.S. POST MASTER SCHOCKS SAFE AND LOCK SERVICE U.S. POST OFFICE SCHOCKS SAFE AND LOCK SERVICE ULTEIG SCHRIOCK, FERRY ULTEIG SCHULTE, NICK UNIFORM CENTER SECURITY FENCE, INC UNITEO MAILING SERVICE SECURITY FENCE, INC UNITED MAILING SERVICE SECURITY PLUS UNITED MAILING SERVICE SECURITY PLUS UNITED STATES TREASURY SECURITY PLUS UNUM LIFE INSURANCE COMPANY OF AMER SECURSCREEN UNUM LIFE INSURANCE COMPANY OF AMER SESSIONS, STEPHEN UPS STORE # SHERWIN WILLIAMS UPS STORE # SHERWIN WILLIAMS 282, UTILITY SYSTEMS OF AMERICA, INC SIGNS TODAY, INC VMS CYCLERY SIMONSON S VALE CYCLERY SLEEP INN & SUITES VANTAGEPOINT TRANSFER 30##### SOARING EAGLE OUTERWEAR LLC VANTAGEPOINT TRANSFER 30##### SOURIS BASIN PLANNING COUNCIL VANTAGEPOINT TRANSFER 3O##### SOURIS RIVER JOINT WATER RESOURCE VANTAGEPOINT TRANSFER 1O### SOURIS VALLEY READY MIX, LID 403, VANTAGEPOINT TRANSFER LO### SOUTH DAKOTA CHILD SUPPORT VANTAGEPOINT TRANSFER 10### SOUTH DAKOTA CHILD SUPPORT VERIZON

36 Bills June 2018 VERIEON VERIZON VERIZON VILLASE FAMILY SERVICE CENTER VILLAGE FAMILY SERVICE CENTER WAGNER CONSTRUCTION ~ThLTER, DEVIN WARD COUNTY AUDITOR WARD COUNTY AUDITOR WARD COUNTY RECORDER WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WAFER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATER ACCOUNT REFUNDS WATEROUS COMPANY WATSON WEGNER, SNAWN WEGNER, SNAWN WEST FARGO FIRE DEPT CONVENTION 150, WESTERN STEEL AND PLUMBING WESTERN STEEL AND PLUMBING WESTERN STEEL AND PLUMBING WESTLIE FORD 488, WESTLIE FORD WESTLIE TRUCK CENTER WESTLIE TRUCK CENTER WESTLIE TRUCK CENTER I000.S WNELEN ENGINEERING COMPANY WHIFESELL, STEVE WHITESELL, STEVE WHITESELL, STEVE WICKLANDER -EULAWSKI & ASSOCIATES WILBUR ELLIS CO LLC 310, WIIRUR ELLIS CD LLC WILK, NEVIN WILSON-MORRIS, XAVIER ANTWOINE WENNELSON WINNELSON WSI CLAIM XEROX CORPORATION XEROX CORPORATION ZAXIAN, JONN ZUERCNER TECNNOLOGIES LLC D SPECIALTIES INC D SPECIALTIES INC. 4750, D SPECIALTIES INC Total: $7,038,129.34

37 BUDGETED 2018 GENERAL FUND ADMINISTRATIVE AND OVERHEAD CHARGES Charge these funds: Airport Cemetery Parking Authoirty Garbage Collection Landfill Water/Sewer Storm Sewer Maintenance Water Supply Water Distribution Sewer Utility Billing Replacement Public Transportation Library Auditorium/Recreation Total Transferred $ 26, , $ 21, , , , , , , , , , , , Electronic Payments. AFLAC BCBS Federal Tax Withholding State Income Tax Sales and Use Tax ND State Disbursement Deferred Comp Verendrye Electric Xcel MDU SRT Verizon Credit Card Payments Mass Mutual Credit Card Fees Total S 12, , , , , , , , , , , $ 952,558.62

38 Gross earnings for the period of May 13 to June 23, /28/18 12:23:05 GROSS EARNINGS PAGE LAST FIRST MIDDLE DEPARTMENT M T-D NAME NAME INITIAL NUMBER GROSS AMOUNT BARNEY CHARLES A JANTZER MARK J OLSON LISA M PODRYGULA STEPHAN SIPMA SHAUN STRAIGHT SHAI cjnon WOLSKY JOSHUA DEPARTMENT TOTAL 4, BARRY THOMAS H 2 19, FARAH HANZADA 7, HACKETT DEREK G 7, MATALKA KELLY C 7, OBENCHAIN BRYAN 2, OWEN CHRISTOPHER 9, STROKLUND TAMI K 6, ZAKIAN JOHN R 13, DEPARTMENT TOTAL 73, BALLANTYNE BRITTANY 3 5, DAVIS LAURIE 6, JUNDT LISA R 10, DEPARTMENT TOTAL 23, HENDERSHOT KELLY E 4 13, HORST NANCY 6, MCCARTEN LACEY 4, STALHEIM STEFANIE 10, DEPARTMENT TOTAL 33, BRANDT HEATHER R 8 5, DYKE MIRANDA 4, FUNKE YALANDA R 7, GREENHECK SUSAN 11, JOHNSON PENNY J 11, KIMBRELL LEIGH 3, LAKEFIELD DAVID 14, LARSON CALLIE 5 5, LEVADNEY MARILYN L 7, HTEUSR2 /gros earn

39 06/28/18 12:23:05 GROSS EARNINGS PAGE 2 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT MCWILLIAMS MIKAYLA 8 5, SCHILLING HALEY 1, SHELKEY MELODY L 7, STEIN JEANNE 7, VANGRINSVEN KRISTIN 2, VOLLMER JENNA M 8, DEPARTMENT TOTAL 103, ALBERTSON ALEC 9 4, HARGROVE MATTHEW D 6, KNUDSVIG MILES 4, MCKIBBEN JASON S 8, ULRICKSON PAUL M 8, WITHAN MICHAEL 1, DEPARTMENT TOTAL 33, DRUSE DAMON R 11 9, LOVELACE DANIEL D 6, MARAGOS SHEILA M 6, QUAKKELAAR JENNIFER M 5, SCHLECHT DUSTY J 7, TERNES KEVIN D 12, DEPARTMENT TOTAL 47, DYKE DARREN M 20 8, GESSNER CHERYL K 7, HAUG SHANE M 9, HERINGER REBECCA 4, HIRSHFELD ALLISON B 7, MOSS AARON D 7, OLSON ASHLEY 3, OLSON JASON 14, ROBERTS CHRISTINE L 5, SUNDHEIM JESSICA A 8, WEIGEL SARAH 4, WHITESELL STEPHEN 5 10, ZIFCHOCK STEPHANIE M 6, DEPARTMENT TOTAL 98, HTEUSR2 /grosearn

40 06/28/18 12:23:05 GROSS EARNINGS PAGE 3 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT ADELMAN SHANE 21 5, ANDRADE MEMORIE 5, AYALA MARIN IRWIN 5, BANBENEK JASON L 8, BARRETT SHELBY 4, BECKER KRYSTA 6, BJORK JENNA L 5, BLACK WINSTON 2, BLANCHARD PATRICK 5, BLOYER JAY T 6, BOWLES AARON 7, BROOME BRYCE 5, BURNS PAUL C 8, CASAREZ ANDRES 6, CHAPMAN DAVID J 8, CORY KEVIN A 5, FAKEN CHAD D 7, FOLEY JARED S 7, FROEHLICH JORDAN J 6, GLADBACK BELINDA 6, HAALAND JAY P 6, HAMAN TODD M 7, HANKS ELIJAH 5, HUGG ANTHONY 5, JENSEN TAYLOR A 6, JOHNSON GREG W 7, KENNY STEPHEN 7, KLUG JOHN M 10, KOSSON KENTON 5, LABOY CHARLES 7, LACKEY SHANNON L 8, LAUDENSCHLAGER ERIK J 7, LINDMAN PETER 6, LOCKREM JACOB C 7, LUND JOSHUA A 7, MATTICE KRISTA N 8, MEHLHOFF ANDREW K 7, NELSON ALEX G 5, NOYES JOSHUA D 7, OLSON JACOB 7, OUTLY JESSICA M 5, PAPPENFUS MATTHEW J 7, PEPPELMAN ZACHARY 5, PEREZ SAMANTHA 5, PLESSAS DALE J 9, POLLMAN DANA 6, REDDING SCOT 9, HTEUSR2/grcsearn

41 06/28/18 12:23:05 GROSS EARNINGS PAGE 4 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT ROACH ANDREW 21 5, ROBERTS BOBBY R 5, ROBINSON CHRISTOPHER 4, RUELLE TYLER J 7, SALGADO LAUREN 5, SANDUSKY CAISEE M 7, SANFORD MARY 1, SCHOENROCK STEVE J 7, SCHWAB ALEX J 5, SHAIDE KRISTIAN 5, SUNDBAKKEN JASON J 9, THOMPSON THEREISA F 4, WASHINGTON ANTHONY L 7, WHEELER DANIEL B 7, WILK KEVIN J 8, WILKERSON ROMAN 5, WILLIAMS BRIAN 5, DEPARTMENT TOTAL 426, ASHAM CARMEN L 22 7, BUNK MATTHEW 6, GOODMAN DAVID L 9, GUERTON KRISTIN 5, HIATT MATTHEW R 6, JOHNSON CHARLES S 7, LAKODUK ROSS A 8, MCLEOD MATTHEW T 9, STRANDEMO COLE A 6, SUNLIN ROBBIE M 5, SUMMERS HEATHER 5, StJNDHEIM JUSTIN C 10, TALBOTT MIKALI J 5, WATTERUD CHAD A 8, WEGNER SHAWN P 9, WHITE SARAH M 4, DEPARTMENT TOTAL 116, ALEXANDER MELISSA M 24 4, ALVES JEANNE E BICKELL LIBERTY 4, BJERTNESS LACIE J 5, CHRISTIE SEAN A 6, COOK CAROL A 6, HTEUSR2/grcsearn

42 06/28/18 12:23:05 GROSS EARNINGS PAGE 5 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT HAUGAN MARGARET H 24 7, HURT JENNA F 5, LAUSCH JACQUELINE 4, MCPEAK BARBARA J 8, SAND LINDA R 5, SCHOEN MOLLY 4, SILVA SAIVIANTHA 4, SORENSEN ELIZABETH A 6, VAN HILL SHANLYA M 4, VORGITCH CHRISTIAN G 4, WRIGHT AMANDA 4, DEPARTMENT TOTAL 89, COLLINS HAILEE MATHSON JUDY R 5, NISHEK LAURIE 3, RASMUSON MARK B 5, DEPARTMENT TOTAL 15, BERG LORIE A 30 6, BROWN ROBBY 6, FLERMOEN KELLI 13, HAMMER STUART 6, LENERTZ DEAN 5 20, SATHER LONNIE 10, DEPARTMENT TOTAL 63, ABERLE CHRISTOPHER L 31 10, ANDERSON PHILIP A 7, BABINCHAK JASON A 8, BAKER ZACHARY T 6, BECK KYLE W 7, BLACKWOOD ROBERT 6, BURGESS JUSTIN T 8, BURNS AUSTIN T 8, COFFIN MICHAEL 5, COLEMAN ALEXANDER 6, CRISP MICHAEL D 8, CROXALL JEREMY M 8, DECOTEAU WILLIAM 6, DEGELE TRAVIS W 8, HTEUSR2/grosearn

43 06/28/18 12:23:05 GROSS EARNINGS PAGE 6 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT DOCKTER JAMES 31 6, ELICH TRAVIS 5, FILICINS JACOB E 7, GARBERG TULLY D 6, GILLISS SHANE 6, HANSELMAN ANDREW J 7, HANSON JONATHAN 5, HARDY GLEN A 9, HEISLER NATHANIEL 1, HERIGSTAD SETH 5, KLINKHANMER BRANDON 5, KOETTER CORY G 7, KRILL JOHN F 9, LASKOWSKI PAUL J 8, LENTZ JACOB W 7, MARSHALL NICHOLAS D 5, MATHIESON MARK 5, MAXWELL MASON W 8, MEADOWS CASEY D 7, MILLER JESSE 6, MILLER SCOTT A 8, OLSON JOSHUA 5, ORR JEREMIAH 7, PETERSON AARON P 9, POTTS JOHN M 8, RASMUSSEN GARY 9, RAYMOND DANIEL 5, ROHRBACH ROBERT A 8, ROSTBERG CASEY 6, SAFRANSKI DUSTIN M 9, SCHRIOCK KERRY W 10, SEIFERT TRAVIS J 8, SICKLES CHAD 6, SISON CHRISTOPHER R 10, SMITH CHRISTOPHER 5, SNOREK SEAN S 6, SULLIVAN BRYAN 5, SUMMERS DANA W 11, TANCABEL ANDREW 7, TAYLOR MICHAEL 5 10, URBAN AUGUSTUS 5, WALHOOD BRADLEY 5, WALTER DEVIN M 7, WARD TERRY E 8, WEBER BRENT A 12, WEST JASON 5, HTEUSR2 /grosearn

44 06/28/18 12:23:05 GROSS EARNINGS PAGE 7 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT DEPARTMENT TOTAL 446, LANG LANCE 35 9, NILSON SUSAN M 2, ZIETZ MARJORIE 5, DEPARTMENT TOTAL 18, DEGROOT GAGE 36 5, FALKINBURG DELORES D 5, FLANAGAN MITCHELL T 9, FRENCH JOHN 0 7, KIMBALL MICHELLE L 5, MICKELSON TODD J 7, MURPHY MICHAEL J 7, SICKLER LAURIE A 5, TILLEMA LUKE 8, WALKER RICHARD E 7, DEPARTMENT TOTAL 68, BEHRENS JEFFREY W 37 5, DEGENSTEIN JOSEPH 4, GORZE NICK J 4, LAFONTAINE DANNY 4, NELSON THOR 2, RODMAN JR DAVID F 8, DEPARTMENT TOTAL 29, ANDERSON PEGGY J 38 6, DUNN MASON 2, ERICKSON ALEESHA L 7, GOLDADER GRANT 6, HOFFART JESSE 5, JOHNSON CHRISTINE 7, KING MATTHEW R 6, LARSON GARRETT L 2, MEYER LANCE E 14, STECKLER THOMAS E 8, WICKE DAVID 10, HTEUSR2/grosearn

45 06/28/18 12:23:05 GROSS EARNINGS PAGE 8 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT DEPARTMENT TOTAL 78, COX DAVID P 39 5, DUNCAN RICK L 7, ELDER MATTHEW J 5, GROTE JAMES 5, HORINKA BRIAN L 9, HORNER VAL L 4, JOHNSON JERRY L 6, ORTMANN DONALD G 6, SAMPSON JODY S 6, WILLOUGHBY CHRIS 5, DEPARTMENT TOTAL 61, BAUER DARRELL L 40 5, BEAN JORDAN N 5, BOUCHER ROBBIE R 4, BRAATEN KEVIN A 8, BRAATEN KROSS 4, BROWN TIMOTHY 3, CHOQUETTE MARC F 6, DOSCH RANDY R 7, FOSTER JACOB 4, FREDERICKSEN BRANDON L 6, FUNKE DANNY J 5, GRANT ZACHARY L 7, GROSS JOSEPH M 7, HALVORSON KYLE 2, HANSON KENNETH 5, HARVEY DALE A 6, HUNTZINGER BRIAN D 5, IGLESIAS ADRIAN 4, JOHNSON DAVID 4, LONG COREY L 5, MARQUARDT GLORIE A 5, MILLER DAVID J 5, MONLEY LUCUS 4, REYNOLDS CODY J 4, REYNOLDS NICHOLAS R 6, RICE ALEC D 4, RONGLIEN JASON 5, RONGLIEN JUSTIN R 3, SCHRAEDER MICHAEL 5, SCOFIELD GARRETT 6, HTEUSR2/grosearn

46 06/28/18 12:23:05 GROSS EARNINGS PAGE 9 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT SKINNER LEHMAEN 40 4, STROMME GUY M 6, VELIMIROVICH MILOS M VIND ROGER T 6, WOOD JUSTIN C 6, DEPARTMENT TOTAL 190, ANDERSON CARTER 44 3, BOWSER AARON 3, EICHSTADT JACOB 4, FRAZIER ERIC 5, HEIZELMAN GRANT L 7, KIRSCHENMANN PAUL 5, KNATTERUD DENA M 3, RANDASH SHAWN A 5, SICKLER KEVIN 9, DEPARTMENT TOTAL 48, BOBZIEN CHRISTOPHER M 45 7, COFELL BENJAMIN H 9, HOYT KARl L 5, JONASSON DANIEL B 14, SATRA BRITTANY R 4, SORENSON JASON S 11, DEPARTMENT TOTAL 53, AMUNDSON ELMER C 50 5, BEUTLER ROY 4, BULLINGER CLAIR K 6, CHOI ALEX M 4, DAVIS BRANDON 4, DEPRIEST ISAAC 4, DOSCH RYAN 4, DRAPER DAVID 4, FELTNER RICHARD 13, FELTNER RICHARD L 1, CLICK ARDEN L 6, HALL MATTHEW 4, HERNANDEZ JOE 4, HOFFERT PETER M 6, KOCINA DAWN 5, HTEUSR2/grosearn

47 06/28/18 12:23:05 GROSS EARNINGS PAGE 10 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT LEWIS ROBERT U 50 6, ORTIZ PABON NELSON 4, RAFALA MICHAEL 4, ROMANICIC MARIA C 5, SESSIONS STEPHEN A 7, STODDARD DEAI~NA K 8, TAKASHIGE ALEC N 4, DEPARTMENT TOTAL 122, DRUSE MEGAN E 54 3, LAKODUK DALTYN J 5, NICOLAISEN CLEO M 7, ROTELIUK RONDEL R 7, SEIFERT JAMES R 2, ZIETZ COLE J 5, ZIETZ NOAH 2, DEPARTMENT TOTAL 33, ARRIOLA JOSEPH E 56 5, BATY JACK 5, DANIELSON SHAWN D 5, HAMEL SCOTT 6, HAMMER REID 5, INGOLD DOUGLAS A 5, NEUHALFEN RAY D 6, OANGE ZEPHANIAH N 5, POST MARK 10, REYNOLDS JOHN S 8, SIMONSON CHRISTOPHER A 5, DEPARTMENT TOTAL 69, BAUER KATHERINE M 57 3, BROWN AUSTIN M 7, HAMMER LORNE R 5, HELGESON DAVID 5, KRAFT JOSHUA B 8, LARSON MACEY JO 3, REIMCHE TYLER J 6, SCHWALBE ANTHONY P 5, SHEFSTAD ALLEN 5, ZUCK DARREN 5 5, HTEUSR2/grosearn

48 06/28/18 12:23:05 GROSS EARNINGS PAGE 11 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT DEPARTMENT TOTAL 56, BEETER KIRK L 59 5, ESPE MARK W 6, RYLANDER JACOB 4, DEPARTMENT TOTAL 16, ANDRYSIAK RICHARD J 60 4, FJELD DEBRA A 1, GROSZ ALEXANDER 1, HAIDER MARK A 7, JOHNSON ALLEN M 6, JONES THOMAS A 7, KOPP TIMOTHY J 5, O KEEFE KEVIN 4, PADDOCK MARK A 8, PARTON JANET L 5, PEDERSON ROBERT A 5, RASMUSSEN WESLEY R 6, REIMCHE KEITH R 6, RENSLAND BRANDON T 6, SAGUCIO DARREN T 1, SEIFERT JUSTIN R 7, DEPARTMENT TOTAL 88, BR.ANDT KELLY C 61 5, CARPENTER GARY L 5, CHRISTIANSON KURT A 6, CIMINO ROBERT D 5, DELORME JORDAN 4, DUCHSHERER JOSHUA J 8, FINKEN CHAD G 6, GROSZ TERRY G GULBRANSON DANIEL L 4, HUDSON KASEY L 5, KALIHER PETER K 8, KELLY KEVIN J 6, KNOOP SCOT M 6, LATHAM STEPHEN C 5, MALY SADIE 4, OIAN DAVID 6, RANDASH BRIAN K 6, HTEUSR2/grosearn

49 06/28/18 12:23:05 GROSS EARNINGS PAGE 12 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT RIEKE DUSTIN B 61 6, SCHNASE CYNDI J 4, VOLLMER MARK A 9, WESTERGAARD STEVE B 6, DEPARTMENT TOTAL 123, BREVIK DAX 62 5, DUTENHAFER WAYNE A 3, KELLER ERIC J 7, KUGLIN TROY D 5, MARMON SHANNON L 7, OLSON RALPH 3, ROBINSON DEREK 4, RODMAN JUSTON 4, SLOBODEN TIMOTHY J 7, THOMPSON JOSEPH 5, VANNATTA MICHAEL G 3, WARREN BRIAN L 6, DEPARTMENT TOTAL 64, DUTENHAFER MIRANDA , NYGARD HEIDI L 4, SCHONBERGER DONNA R 5, DEPARTMENT TOTAL 14, BOWSER JORDAN 66 3, CARVER STEVEN K 1, COOPER DEAN 2, CUTAIAR JOSEPH 5, DUPRE THOMAS J 5, NEWBURY TINA M 4, SHEKLETON MICHAEL 4, SIGURDSON DEBBIE 5, VALLELY MARK 4, VOGEL RICHARD B 4, DEPARTMENT TOTAL 40, ABERLE CRAIG , AMBERG PAUL R 2, HTEUSR2 /grosearn

50 06/28/18 12:23:05 GROSS EARNINGS PAGE 13 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAIvIE INITIAL NUMBER GROSS AMOUNT ANDERSON JANET B 67 10, ARMSTRONG KAYLEE D 1, BREY CASEY 1, CARSWELL PAMELA E 4, CHAPPO DEBRA J 5, HENSLEY HOLLY 2, JULSON MARCIA G 5, MONLEY RANDI D 4, NELSON PAULETTE 6, PECORARO BETTY PIKKA JOSH 6, POSSEN LACEY A 4, SCHNEIBEL VERONICA 4, SPIES MICHAEL D 1, SWEENEY SARAH J 1, TIMOTHY SCOTT D 6, WHEELER MARY P 6, WOLF JULIE M 4, ZIEGLER KASSANDRA M 3, DEPARTMENT TOTAL 87, AANNERUD PRESLEY S ALBERTSON CONI ALBERTSON EMILY ALBERTSON MEGAN ANDERSON COLE C ANTHONY KAITLYN ANTHONY KIERSTYN ANTHONY MARCUS M AWALT MEGAN A BECK SYDNEY R BENNO AUDREY BERGRUDE MADISON BESEMANN CODY W BESEMANN THERESE L 1, BESEMANN WILLIAM L 1, BIEL JESSICA L BOGDEN JENNIFER L BRANSON JARRETT BROWN JUSTICE 1, BRUNNER KELEIGH CABATINGAN PAOLO CEGLA TIMOTHY CLARK JEROME COLLINS DOROTHY HTEUSR2/grosearn

51 06/28/18 12:23:05 GROSS EARNINGS PAGE 14 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT COLLINS SCOTT G 68 11, CRAWFORD JASON A 1, DAVIS TEYA EDMUND CARALINA EKLIE COLLEEN S 1, EVANS JEREMY FENNER CHAD R 1, FENNER MICHAEL FROSETH JEREMY M GATHMAN ASHLEY GATHM.AN MYRNA GEHRING LANCE GOODY LOUIS R GOTVASLEE SHELLY A 3, GRAMPRE DAVID A GRINSTEAD CARLY GRUNENWALD HEATHER A GUSEMAN CHARLES M 6, HALVORSON DANIELLE HAMMER WHITNEY 1, HARSTAD BROCK M 8, HEIZELMAN ISAAC HEPPER JACE HOLEN BRIAN A HOLLINGSWORTH DOUGLAS A KESLER JESSICA P KESLER JOSHUA KNUDSON COLLIN J KNUTT CURTIS C 5, KRUEGER LOGAN LANDSIEDEL THOMAS A 8, LANG TROY W LEFEVER RILEY LOMMEN SUSAN M LUDWIG MADISON MACDONALD YALENA MACKEY KATHRYN R 5, MATTSON TAYLOR MCCARTY BAILEY MCCARTY BRAEDON MCDONALD AI~NA MCMAHAN NICHOLAS 3, MCNALLY REGAN MELAAS ZACHARY MORTON ROBERT NELSON MICHAELA NESHEIM ANN M 8, HTEUSR2/grosearn

52 06/28/18 12:23:05 GROSS EARNINGS PAGE 15 LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT PETERSON SCOTT RENAUD ZACHERY SANFORD JORDAN 2, SCHIELE JACOB SHANNON SHERENE SNYDER RENEE SPOKELY BARBARA A 1, TEDFORD EDWARD 4, THEIS MORGAN THOMPSON MARK 4, VALGREN NATHAN VENDSEL JARRETT VOLK HANDY M WARD TIMOTHY J WAX DEREK 1, WEDAR ELIJAH WEDAR EMMA WEDAR SAMUEL WEDAR SOPHIE WHITE BRITTA WHITE MARC 5 6, WINTER JOHN H 5, WOLFE ANNA YAZZIE LAMBERT YOUNG JOHN G ZIMBELMAN JASE ** * END OF REPORT *** DEPARTMENT TOTAL 116, FINAL TOTALS TOTAL 2,960, HTEUSR2/grosearn

53 Ci~~ of MtWot City Attorney s Offic~%~ Date: July2,2018 To: Mayor/City Council City Manager From: City Attorney s Office Re: Monthly Attorney Report (June, 2018) Pursuant to Minot City Code of Ordinances, Section 2-30(7), the following items or issues are submitted as a summary of some of the matters addressed by the City Attorney s Office prior to the July 2, 2018 City Council meeting: Civil Matters A. Floodplain Eminent Domain Cases: 1. City of Minot v. Jane Ballantyne He~eler Trustee of the Jean Ballantyne Living Trust of 1997, et al. Counsel: John Warcup Opposing Counsel: Current Status: Robert Rau Pending at District Court On May 31, 2017 the City filed an eminent domain action against the Defendants to acquire property for the construction of a flood control project and related infrastructure. Defendants filed an Answer on June 22, On December 21,2017 Judge Todd Cresap entered an order requiring the parties to consider and discuss alternative dispute resolution. On February 20, 2018, the parties filed an Alternative Dispute Resolution Statement with the Court indicating they believe mediation or a court-sponsored settlement conference would be appropriate in this matter. In response, Judge Cresap indicated that given the North Central Judicial District is understaffed by almost 2 judges, there may be considerable delay in accommodating court sponsored mediation and encouraged the parties to pursue a mediation option outside of court sponsored mediation. A scheduling conference was held February 26, Prior to the conference, the parties attorneys had disagreements regarding the order for disclosure of expert witnesses and the burden of proof in eminent domain matters. In response, the City filed a proposed scheduling order with the court along with a memorandum of law regarding the disclosure of expert witnesses in eminent domain matters and judicial review of eminent domain talcings. The Defendant s counsel was not prepared to discuss these matters at the scheduling conference, and the Court granted their counsel seven days to file a brief or other documentation supporting their position. A scheduling order has not yet been entered. 1

54 On March 5, 2018, the Defendant filed a motion for summary judgment, arguing that a talcing is not necessary or permitted, and that the City s taking exceeds the permitted taking authorized by the resolution. The City responded on April 4, 2018 and Defendant replied on April 5, A hearing took place on April 6,2018 and the Court took the matter under advisement. June: On June 8, 2018, the City filed a demand for ajury trial, pursuant to NDCC Defendant s counsel objected to the demand. A status conference is scheduled for August 24, Several motions are pending before the district court. B. Filed Civil Matters: 1. City of Minot v. Cypress Development, LLC Counsel: Jocelyn Knoll and Kate Johnson Dorsey Whitney Appointed by City Council Opposing Counsel: Current Status: Attorneys from Perkins Coie Pending at District Court This matter relates to a mixed development project in the City of Minot. The project involves the construction of two city-owned parking structures on City lots, plus retail or office space and residential units on top of the parking ramps. A private developer, Cypress Development, LLC, was to manage the City s parking structures and develop the residential units and commercial improvements. Several agreements exist, including, but not necessarily limited to, 2015 Lease Agreements, 2015 Management Agreement, 2013 Development Agreement, and a Development and Disposition Agreement. Cypress failed to pay amounts owed to the City as rent and then, upon notice of its material breach, failed to cure its breach within the 120 day period. Cypress failed to properly manage the parking structures. Cypress failed to pay all costs for the development and construction of the Parking Structures in excess of the City s obligation. Because Cypress failed to maintain a lease, due to its failure to pay the rent, Cypress also violated the Development and Disposition Agreement. With that, on March 15, 2018, the City served a summons and complaint on Cypress, initiated a lawsuit in Ward County. Cypress filed an answer and various counterclaims on April 23, In its counterclaims, Cypress s claims for relief include indemnification, unintentional misrepresentation, constructive fraud, breach of contract, and declaratory relief. On May 14, 2018, the City filed an answer to the counterclaims. June: On June 25, 2018, Cypress filed a motion to change venue, arguing that it would be impossible for Cypress to receive a fair trial in Ward County; Cypress requested the venue be changed from Ward County to Burleigh County. The City s response is due July 9, City of Minot ~ 16th Crossing, LLC Counsel: Shawn Grinolds and Brad Wiederholt Appointed by City Council Opposing Counsel: Wayne Carison and Todd Zimmerman 2

55 Current Status: Pre-litigation In 2013, the City entered into a Development Agreement with 6~ Crossing, LLC. The City contributed five million dollars in CDBG-DR funds to provide water, sewer, drainage, and access infrastructure to I 6th Crossing, LLC s development. In exchange, 6~h Crossing, LLC agreed to, among other things, within two years, (I) construct 178 townhomes, of which a minimum of5l% of the proposed townhome would be set aside and offered at a price affordable to LMI buyers; and (2) provide 350 manufactured homes, of which a minimum ofsl% of the manufactured homes lots would be set aside and leased to LMI households. On August 1,2017, the City notified 16th Crossing, LLC of several deficiencies, including but not limited to those outlined in the preceding paragraph, under the Development Agreement and permitted I 6th Crossing, LLC with thirty days, per the Development Agreement, to either cure the deficiencies or provide documentation of diligent efforts to correct the failures. If 16 Crossing, LLC failed to cure the deficiencies or provide documentation of diligent efforts to correct the failures, the City set a termination date of September 15, City staff has extended the termination date two additional times to allow for 16 Crossing, LLC to provide proposals for resolving this matter without litigation. The current termination date was set for December 8,2017. This matter was discussed in executive session at the December 4, 2017 City Council meeting. Following executive session, the City Council convened in public session and moved to terminate the Development Agreement with I 6~ Crossing, LLC and pursue any action necessary to recoup the funds relating to the Development Agreement. The City sent a letter to 16 Crossing, LLC on December 8,2017 advising 16th Crossing the City was placing l6 ~, Crossing, LLC in default and terminating the Development Agreement for cause effective December 8, This matter was discussed in executive session on January 8, 2018 by the City Council pursuant to N.D.C.C , 19.1, and 19.2 so thatattorney Shawn Orinolds could advise the Council regarding the pending action, and deliver his advice and guidance on the legal risks, strengths, and weaknesses, which, if held in public, would have an adverse fiscal effect on the Council. Attorney Grinolds also allowed for an opportunity for the Council to discuss negotiating strategy and provide negotiating instructions, which if held in public, could have an adverse fiscal effect on the bargaining or litigating position of the City. On May 29, 2018, the City received I ~ Crossing, Inc. s Answer and Counterclaims. June: On June 19, 2018, the City filed and served its answer to Defendant s Counterclaims. 3. Belzer, et al v. City of Minot, et al. Counsel: Howard Swanson Appointed by NDIRF Opposing Counsel:Robert Martin Current Status: Pending at District Court On June 29, 2017, the City was served with a Summons and Complaint alleging inverse condemnation relating to one of the parcels of real property being sought by the City of Minot for flood control. The City filed an Answer on July 19, 2017, denying claims made by Plaintiffs. The Parties submitted a joint scheduling plan on December 1, The Court approved the scheduling plan on December 21,

56 The Parties submitted an alternative dispute resolution statement on December 21, 2017 stating negotiations have failed and agreeing that alternative dispute resolution would not be appropriate in this case. June: The matter is ongoing at district court. The City Manager met with the Belzers to discuss potential settlement on June 19, A jury trial is scheduled for July 17-19, Earth Recycling v. City of Minot Counsel: Randall Bakke and Brad Wiederholt Appointed by NDIRF Opposing Counsel: Lynn Boughey Current Status: Pending at District Court Earth Recycling is located outside of the City s corporate city limits, but within the City s two mile extraterritorial jurisdiction. After a fire occurred at the Earth Recycling site on or about May 18,2017, the City s planning department sent a letter to Earth Recycling representatives and the property owner demanding that they cease and desist all recycling facility operations until Earth Recycling come into compliance with the City s current zoning ordinances. On September 21, 2017, the City was served with a Summons and Complaint by Earth Recycling, whereby Earth Recycling requests declaratory judgment and injunctive relief Earth Recycling also filed a motion for a temporary restraining order to prohibit the City from enforcing the current zoning ordinances against it; the district court granted the temporary restraining order on September 22, 2017, but indicated the injunction would not be effective until Earth Recycling posted a $125, bond with the Court. On September 26, 2017, Earth Recycling posted the $125, bond and the temporary restraining order became effective. A hearing was held on October 18, 2018 regarding whether a preliminary injunction should be entered staying the City ofminot s enforcement of their cease-and-desist request sent to the Plaintiffs. On October 23,2017, the Court entered an order denying the Plaintiff s request for preliminary injunction and declaring that the City s 2013 Minot zoning ordinances apply to the Earth Recycling site. On October 24, 2017, the Plaintiffs filed a motion asking the Court to reconsider their order denying the preliminary injunction. The City responded to the Plaintiffs Rule 60 motion on November 7, Plaintiffs replied on November 14, The Court denied the Plaintiffs Rule 60 motion on November 27, Separately, the City filed a motion to stay discovery and quash Plaintiffs subpoena duces tecum. Plaintiffs responded on November 21, On November 27, 2017, the Court denied the motion, finding that it was unnecessary because the City objected to the subpoena pursuant to the rules of procedure and Plaintiffs did not ask the Court to order the City to comply. The City filed a Motion to Dismiss on December 14,2017 asking the Court to dismiss the Plaintiffs claims for lack of legal basis and failure to exhaust available administrative remedies before the City of Minot. On December 15,2017, the Plaintiffs without filing a motion or notice of motion or brief, filed a Proposed Order asking the Court to release the $125,000 security the Plaintiffs were required to post in order for the temporary restraining order on the City s cease and desist order to go into place. 4

57 On December 18, 2017, the Court entered a Scheduling Order setting witness disclosure, discovery, and motion deadlines and scheduled a three day trial on the matter commencing May 8,2018. The City filed an Alternative Dispute Resolution Statement on December 22, 2017 stating that they did not believe alternative dispute resolution was appropriate because the City of Minot and North Dakota Department of Health both have input into the Plaintiffs situation, and both the City and the State believed settlement discussions with the Plaintiffs in January of 2018 would have the most chance of resolving the lawsuit and achieving a voluntary clean-up of the site. On December 22, 2107 the Plaintiffs responded to the City s Alternative Dispute Resolution Statement by filing a Motion for Sanctions against the City of Minot and Attorney Wiederholt alleging the City refused to cooperate in completing the joint alternative dispute resolution form and refused to discuss mediation with the Plaintiffs. On December 23, 2017, the Plaintiffs filed an Alternative Dispute Resolution Statement asserting mediation would be appropriate in this case, and also filed another Motion asking the court to appoint and the City of Minot to pay for Sandra Kay Kuntz as the mediator between the Parties. On December 27, 2017, the City filed a response and objection to Plaintiffs order asking for release of the $125,000 bond. On December 28, 2017, the City filed an amended ADR statement. On January 2,2018, the City filed a Brief in Opposition to Plaintiffs Motions for Sanctions and Motion for Appointment of Sandra Kuntz as Mediator. On January 4, 2018, a conference call by and between the Parties and the North Dakota Department of Health was held. After more than an hour of discussion, the matter was not resolved, nor was a clean-up plan put in place. Plaintiffs attorney made numerous comments that he was rejecting the settlement framework prepared by the City and by the Department of Health. This matter was scheduled for an executive session at the January 8, 2018 City Council meeting. On January 8,2018, the City Council tabled the executive session regarding Earth Recycling until January 17, At the January 8,2018 meeting, the Plaintiffs attorney spoke directly to the council following the approval of the motion to reschedule the executive session. The Plaintiffs attorney chastised the Council s decision to delay executive session, and made arguments directly to the City Council regarding the issues the parties have raised during the course of the lawsuit. On January 9,2017, the City s attorney sent a letter to the Plaintiffs attorney advising him that the direct communications to the City Council was in violation of the North Dakota Rules of Professional Conduct (Rule 4.2). The City s attorney requested that the Plaintiffs attorney cease and desist communicating directly to the City Council regarding issues related to the lawsuit his clients filed against the City and directed him to make all communications regarding the lawsuit through Mr. Wiederholt and the Bakke, Grinolds, Wiederholt law firm. On January 9, 2018, the Plaintiffs attorney filed a Combined Reply Brief in Support of their Motion for Sanctions Against the City of Minot Attorney Wiederholt for Refusing to Cooperate in Completing Rule 8.8 ADR Form and Appointment of Sandra Kuntz as Mediator. On January 10,2018, the City s attorney forwarded the Plaintiffs attorney a letter from the City s Principal Planner/Interim Planning Director Lance Lang clarifying the cease and desist letter sent from the City on July 21,2017. Specifically, Mr. Lang informed the Plaintiffs attorney that the City did not consider clean up actions on their property to be a violation of the City s cease-and-desist order. Mr. Lang s letter re stated that the cease-and-desist letter gave the Plaintiffs notice to (1) cease and desist occupying and using all structures located on the Earth Recycling property that did not enjoy the benefits of proper permits; and (2) cease and desist from using that location as a recycling center, or any other unpermitted use, until a conditional use permit or interim use permit can be issued for that use so as to be in compliance with city ordinances. 5

58 On January 16, 2018, the Plaintiffs filed a Brief in Opposition to the City of Minot s Motion to Dismiss and filed a request for a hearing. The hearing on the Motion to Dismiss was scheduled for May 4, 2018, four days before the Jury Trial scheduled in this matter. On January 17,2018, attorney Brad Weiderholt attended an Executive Session with the Minot City Council pursuant to N.D.C.C , 19.1, and 19.2 so that he could advise the Council regarding the pending action, and deliver his advice and guidance on the legal risks, strengths, and weaknesses, which, if held in public, would have an adverse fiscal effect on the Council. Attorney Weiderholt also allowed for an opportunity for the Council to discuss negotiating strategy and provide negotiating instructions, which if held in public, could have an adverse fiscal effect on the bargaining or litigating position of the City. The City filed a reply brief on January 25, 2018 in support of its Motion to Dismiss. On January 29, 2018, the City filed a Motion to Expedite the Hearing on the Pending Motion to Dismiss to hold it earlier than the May 4, 2018 hearing date. On February 8,2018, the District Court entered an Order denying the Plaintiffs request for release of the $125,000 bond posted in this file. The Court also entered on February 8, an order denying the Plaintiff s request for sanctions against Attorney Weiderholt and request for appointment of Sandra Kuntz as mediator. On February 8, 2018, the Plaintiff filed a witness list. On February 9, 2018, the City filed its witness list. On February 12, the Plaintiffs filed a response to the City s motion to expedite the pending motion to dismiss. The City filed a response on February 20,2018. This matter is presently scheduled for a May 4, 2018 hearing on the City s Motion to Dismiss. A three day court trial has been scheduled for May 9, 10, and 11,2018. The City Council met in executive session to discuss possible settlement agreements with Earth Recycling. Following executive session, the City Council authorized the Mayor to sign a city-drafted settlement agreement. Earth Recycling rejected the settlement agreement. On May 8,2018, the District Court issued an order granting the City s motion to dismiss, without prejudice, after determining that Earth Recycling failed to exhaust its administrative remedies. The time period for an appeal to the North Dakota Supreme Court is 60 days from the date the Court enters an appealable order orjudgment. 5. First Western Bank & Trust v. ND Port Services; City of Minot Counsel: Shawn Grinolds Appointed by City Council Appointed by NDIRF against NDPS Counterclaim Opposing Counsel: Current Status: FWBT: Richard Olson/Jessica Merchant NDPS: Jon Brakke Pending at District Court In 2009, the City entered into a lease relating to city-owned property with NDPS. At the same time, the City agreed to a subordination agreement with State Bank of Kenmare, where the City agreed that NDPS could use its interest in the lease as security for one or more loans. A subsequent subordination agreement was signed in 2013 to amend the vender from State Bank of Kenmare to FWBT. 6

59 Allegedly, NDPS has defaulted on its obligations to FWBT. As a result, FWBT initiated foreclosure proceedings by filing a Summons and Complaint against NDPS and the City on May 16, On June 8, 2017, the City filed an Answer to the FWBT Complaint and a Crossclaim against NDPS, alleging NDPS materially breached the lease agreement by failing to pay rent and failing to promptly pay and discharge real estate taxes and assessments against the subject leased property. On June 28, 2017, NDPS filed an Answer and Crossclaim against the City, alleging that the City is in breach of the lease agreement because it failed to return the lease property to the condition it was in prior to commencement of construction activities pursued by the City; it failed to insure proper drainage with respect to City improvements on or near the leased property; and construction of improvements on or near the leased property prevented NDPS from being able to properly use and develop the leased property. Additionally, NDPS s Crossclaim alleges that the City failed to permit NDPS to exercise its right to purchase certain portions of the leased property pursuant to the lease agreement because the City was unable to convey title to the subject property to NDPS. On July 19, 2017, the City responded to the Crossclaim, denying NDPS claims. On November 15, 2017, NDPS filed a Motion for Summary Judgment against FWBT, arguing that FWBT did not fully comply with the statutory requirements relating to the foreclosure notice and complaint. The motion was not directed at the City. The matter is still pending in District Court. On December 4,2017, FWBT filed a brief in opposition to the Motion for Summary Judgment, arguing that it met all the statutory requirements relating to the foreclosure notice and complaint, and that even if it did not, NDPS is not entitled to summary judgment. On December 7,2017, NDPS filed a response replying to NDPS s assertions claiming that FWBT s failure to meet the statutory notice requirements renders their foreclosure fatally defective and the Court should award summary judgment in their favor. On January 25,2018, First Western Bank & Trust filed proposed orders regarding the pending motions for summary judgment. Neither proposed order directly implicates the City. On March 1, 2018, the Court granted Summary Judgment to First Western Bank & Trust to foreclose on NDPS s leasehold and other security interests and denied NDPS s motion for summary judgment. The Court did conclude however, that a genuine issue of material fact remains as to the amount owed First Western Bank & Trust by NDPS, and has requested affidavits be filed with the Court within 20 days describing the amounts owed for purposes of entry of final judgment on the foreclosure action. The City s claim against NDPS for accrued rents, and NDPS s cross-claim against the City for alleged damages, remain pending before the Court. On April 19, 2018, Attorney Grinolds filed a motion for summary judgment on behalf of the City. On April 11, 2018, Attorney Grinolds mailed a notice to terminate the lease, and on May 31, 2018 the lease between the City and NDPS terminated. 6. Lenertz v. City of Minot Counsel: Randall Baklce and Brad Wiederholt Appointed by NDJRF Opposing Counsel: Current Status: Robert Rau Pending at District Court 7

60 On August 23, 2016, the City was served with, among other documents, a Summons and Complaint, alleging that the City s street (and other) improvements, repairs, and development caused damage to his property and, therefore, amounted to a taking by inverse condemnation. Plaintiff s claims relate to improvements to the approximate area 0f4th Street SW to 33~ Avenue SW (Paving District 473). Plaintiff is requesting (1) an order that his land has been taken by inverse condemnation without payment; (2) award for the taking, costs, disbursement, attorney fees, and expert witness fees; and (3) other relief as just an equitable. On September 13, 2017, the City filed an Answer. The parties attended mediation on December 12, 2017 with attorney Steven Storslee acting as mediator. No agreement was reached. This matter was discussed in executive session with Attorney Bakke at the January 8,2018 City Council meeting pursuant to N.D.C.C , 19.1, and 19.2 so that he could advise the Council regarding the pending action, and deliver his advice and guidance on the legal risks, strengths, and weaknesses, which, if held in public, would have an adverse fiscal effect on the Council. Attorney Bakke also allowed for an opportunity for the Council to discuss negotiating strategy and provide negotiating instructions, which if held in public, could have an adverse fiscal effect on the bargaining or litigating position of the City. On April 16, 2018, Plaintiff filed a notice of appeal with the North Dakota Supreme Court. Separately, the City requested costs and a hearing is scheduled to take place in district court on May 16, On May 16, 2018 a hearing on the City s motion for costs was held at district court. The district court ultimately ordered that Plaintiff pay $3, in costs. The appeal process at the North Dakota Supreme Court, relating to the court s prior dismissal, is ongoing. June: On June 19, 2018, the district court issued an order to stay enforcement of the costjudgment while the appeal is pending before the North Dakota Supreme Court. 7. Stone Ridge Condominium Association v. Karl Buechler, Brad Beeter, and City of Minot Counsel: Randall Bakke and Brad Wiederholt Appointed by NDIRF Opposing Counsel: Current Status: Paul Sanderson Pending at District Court The City was served with a Summons and Complaint on November 16, The matter relates to a fire that occurred December 27, 2013 at Stone Ridge Condominiums in Minot. The Plaintiff alleges that the City of Minot is at least partially responsible for damages to the condominium property because (I) the City s inspections department did not properly inspect the building throughout the construction and did not ensure the building was built in compliance with the building codes and (2) the City s fire department failed to fully extinguish all potential fire sources which caused the fire to rekindle and spread through the concealed floor and roof truss space above the main level which caused significant fire and smoke damage. Plaintiff ultimately alleges that the City of Minot breached its duties and obligations when it negligently issued a certificate of occupancy certifying the building met the applicable building codes and that the City breached its duty by failing to fully extinguish the fire and failing to properly inspect the scene to ensure the fire was completely extinguished. The City filed an Answer on December 5, The Court entered a scheduling order requiring the parties to be prepared for trial no later than April 1,

61 June: This matter is ongoing at district court. On June 27, 2018, the Plaintiffs filed an amended complaint, adding Tom Weltikol as an additional defendant. 8. Joshua Peterson v. City of Minot and Brandon Schmitt Counsel: Randall Bakke and Shawn Grinolds, Appointed by NDIRF Opposing Counsel: Current Status: Michael Schmiege (pro hac vice) Mark Larson (sponsoring attorney) Pending at Federal District Court On May 27, 2016, the City received a demand letter from Joshua Peterson s attorney for $4,000, to settle all claims against all defendants in this matter. The City responded, indicating it would vigorously defend any claims brought by or on behalf of Peterson. Peterson filed a lawsuit in federal court against the City and a former City police officer, alleging excessive force, battery, and negligence; Peterson is requesting damages and fees. The allegations of the lawsuit stem from an officer-involved shooting that took place in the City in August 2014 after an officer responded to a call for service relating to an early morning burglary at a local business; the reports indicate that at the time of the shooting, the officer was investigating a suspicious vehicle and the officer fired his weapon at the vehicle after it drove at him. On April 30, 2018, Attorney Bakke filed a motion for summaryjudgment on behalf of the City and Brandon Schmitt. This matter is ongoing. On May 31, 2018, Attorney Bakke filed a motion to compel relating to discovery of Plaintiffs computer. June: On June 19,2018, Plaintiffs counsel filed a motion for an extension to respond to the City s motion for summary judgment; the motion was granted by the magistrate judge. 9. Lucke v. Solsvip et al. Counsel: Scott Porsborg Appointed by NDIRF Opposing Counsel: Current Status: Robert Martin Appeal at 8th Circuit Court of Appeals The City was served with a Summons and Complaint on March 8, 2016; former Airport Director, Andrew Solsvig, is also named as a Defendant. The lawsuit concerns a commercial ground lease between the City and the Plaintiffs family business. The business is operated in a building owned by the Plaintiff, located on real estate that is owned by the City. Essentially, Lucke alleges that the City and its former airport director, Andrew Solsvig, discriminated against her based on her race, in the negotiating of commercial leases at the Minot International Airport. Lucke requested the City be enjoined from any action relating to the discriminatory and disparate lease terms in the commercial lease; that the City be required to offer comparable lease terms to Lucke; that the City be required to pay reasonable costs including attorney s fees; and for other relief that the Court deemsjust and equitable. City filed an Answer on March 28,

62 The City filed for Summary Judgment on July 14, The Defendants filed a response on August 9, On November 2, 2017, the District Court granted the City s Motion for Summary Judgment and determined there was no discrimination and that the City presented a race-neutral rationale for the disparate terms of the Plaintiffs lease. On November 15,2017, the parties filed a stipulation of Defendants costs and disbursements in the amount of $ On November 29, 2017, Plaintiff filed a notice of appeal, appealing the Court s Order granting Defendants motion for summary judgment to the Eighth Circuit Court of Appeals. On January 10,2018, the Plaintiffs filed a Brief and Addendum asking the Eighth Circuit Court of Appeals to reverse the District Court s granting of summary judgment and remand the matter to proceed to a full trial on its merits. On February 12, 2018, the City filed a response to the Plaintiffs Brief asserting that the District Court correctly found summary judgment in favor of Andrew Solsvig and the City of Minot and that their grant of summary judgment be affirmed. 10. Envy Gentlemen s Club Lawsuit Counsel: Bryan Van Grinsven, Appointed by NDIRF Opposing Counsel: William Delmore Current Status: Pending at Federal District Court In November of 2010, the City of Minot was served with a Summons and Complaint with regard to a prior zoning decision rendered by the City wherein a liquor establishment employing exotic dancers was required in July of 2011, to be located and operated only in an M-2 Zoning District, which is designated as an industrial zone. The Plaintiff s lawsuit asserted United States constitutional violations, an unconstitutional taking of property, and a request for attorneys fees with respect to the filing of this action. This case is being defended by the City and the North Dakota Insurance Reserve Fund has appointed Bryan Van Grinsven of the McGee Law Firm in Minot, North Dakota, to represent the City s interests. The City filed a motion seeking to vacate the temporary injunction which had been previously granted against the City in the enforcement of the zoning restriction. On September 20, 2011, District Court Judge William McLees granted the City s request to vacate the temporary injunction and thereby allowed the City, at that time, to prohibit the operation of the sexually oriented business. Remaining issues have been left before the Court with respect to the sufficiency of alternative sites available within the City. The Court administratively closed this file. On May 30, 2017, the City of Minot was served with a Summons and Complaint by Envy s Gentlemen s Club. This matter is filed in federal court. The Summons and Complaint relate to a zoning ordinance change that was effective in September 2011 which required adult entertainment centers to be located in M-2 zoning districts. The Complaint alleges a takings claim and requests that the Court either permit Plaintiff to have adult entertainment pursuant to grandfathering, or award Plaintiff damages for the loss of value in its property. On June 20, 2017, the City filed an Answer. The matter is ongoing at federal district court. On February 19, 2018, the City filed a motion to dismiss the federal litigation due to the ongoing state court proceeding in Ward County District Court. 10

63 11. Auer v. City of Minot Counsel: Randall Bakke and Shawn Grinolds, Appointed by NDIRF Opposing Counsel: Pro Se Current Status: FCRA Lawsuit: Pending before Eighth Circuit Court Discrimination Lawsuit: Pending before Eighth Circuit Court a. Auerv. City of Minot, et al. (FCRA Lawsuit) Auer, former City Attorney, started a new lawsuit against the City of Minot, the Smith Bakke Porsborg Schweigert & Armstrong law firm ( Smith Bakke ), various credit agencies, and John Does alleging violations of the Fair Credit Reporting Act. NDIRF has appointed Randall Bakke to represent the City ofminot in Auer s lawsuit. This matter was previously dismissed, in part, by the Court; Auer voluntarily dismissed the only remaining claim against the City. Auer then appealed the Court s decision to the Eighth Circuit Court of Appeals. In August 2017, Auer filed her appellate brief; in September 2017, the City responded; on October 11, 2017 Auer filed her reply brief. This matter has not been set for oral argument. If oral argument is not set by the Court, the Court will decide the matter based on the submitted briefs. b. Aner v. City of Minot (Discrimination Lawsuit) These allegations, initially filed with the North Dakota Department of Labor by former City Attorney Colleen Auer, suggest that Cindy Hemphill, current Finance Director and former Acting City Manager (during the time in which Ms. Auer was employed), engaged in a pattern of unwelcome harassment toward Ms. Auer based on gender which created a hostile work environment. Auer also alleges that her employment with the City was terminated in unlawful retaliation for her submitting a complaint to the City regarding the alleged discrimination. On April 20, 2015, Auer filed a Complaint with the United States District Court alleging retaliation in violation of Title VII of the Civil Rights Act of 1964 and for violations of Auer s due process rights. In November, 2016 the City filed a motion for summary judgment. In February 2018, the Court granted the City s motion for summary judgment and dismissed Auer s case. On March 3, 2017, Auer appealed the Court s decision to the Eighth Circuit Court of Appeals. In June 2017, Auer filed her appellate brief; in July 2017, the City responded; in August 2017, Auer replied. This matter has not been set for oral argument. If oral argument is not set by the Court, the Court will decide the matter based on the submitted briefs. The briefing on appeal is complete and the matter is scheduled for no argument submission to the Court on April 9, C. Other Civil Matters 1. Ordinance Revisions: a. Animal Ordinances: 11

64 1. Egg Addling: This Office drafted an egg addling ordinance, in conjunction with MPD, to allow trained staff to participate in the practice in areas where it complements the Park District s efforts. This ordinance is on second reading at the June 4, 2018 City Council meeting. 2. Exclusion Fencing for Rainbow Gardens: This Office will work with city staff to explore a partnership with Rainbow Gardens to share the cost of exclusion fencing. 3. Potentially Dangerous and Dangerous Dogs: This office is working with the MPD to draft an ordinance combining Section 7-27 of the City of Minot s Code of Ordinances with Fargo s Ordinance No , relating to potentially dangerous and dangerous dogs. b. Outdoor Dining and Fencing Requirements: This office worked with the MPD to draft an amendment relating to contiguous outdoor space for alcohol licensees premises. That ordinance amendment was approved, on second reading, at the June 26, 2018 reorganization meeting. c. Building Permit Fees: This office worked with the City staff to amend current building permit ordinances to allow for fees to be adopted by resolution. The ordinance amendments are on second reading at the July 2, 2018 regular City Council meeting. In conjunction with City staff, this office also drafted a resolution adopting the building permit fees. The resolution is on the July 2,2018 agenda, as well. 2. Dean Melius and Margo Ehr v. City of Minot: Counsel: City Attorney s Office Opposing Counsel: Current Status: Debra Hoffarth (Melius Ehr) Bryan Van Grinsven (Water Board) Pre-litigation/Drafting Appeal to Office of State Engineer Dean Melius and Margo Ehr own property outside of the corporate city limits. Melius and Ehr ( Property Owners ) filed a complaint with the Ward County Water Resource Board on July 7, 2014, alleging that their property has been damaged because City development has caused storm water drainage to be diverted to their property. The Board determined the complaint was not valid. The Property Owners appealed that decision to the State Engineer, and the State Engineer returned the complaint to the Board for further review after finding that the Board failed to determine whether any activities conducted upstream of the Property Owner s property were conducted contrary to NDCC Title 61. The City Engineer and City Attorney met with members of Board and Property Owners in February The City Engineer was tasked with researching the developments and/or storm sewer districts in Minot. In September, 2016, the City Engineer and City Attorney met with members of Board and Property Owners in September The Board asked its engineer survey the property. On January 22, the City of Minot received notice from the Ward County Water Resource Board that an apparent drain (as defined by N.D.C.C ) appears to have been constructed on property, some of which is owned by the City of Minot. The Ward County Water Resource Board alleges that this drain is an unpermitted drain opened or established contrary to N.D.C.C. Title 61 and has asked the City to either remove the unpermitted drain or obtain a drainage permit. Failure to do so would result in the Board procuring closure of the drain and assessing the cost of doing so against the City s property. 12