October 2, 2017 Regular City Council Meeting

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1 MINOT CITY COUNCIL SCHEDULED MEETING OCTOBER 2, 2017 AT 6:30 P.M. ROLL CALL Mayor Barney presiding Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None PLEDGE OF ALLEGIANCE Mayor Barney led the City Council in the Pledge of Allegiance. APPROVAL OF MINUTES Alderman Jantzer moved the City Council approve the minutes of the September 5, 2017 regular City Council meeting, the September 14, 2017 special City Council meeting and the September 21, 2017 special City Council meeting. APPROVAL OF BILLS SEPTEMBER 2017 Alderman Jantzer moved the City Council approve the bills as listed for September, 2017 in the amount of $5,553, and transfers as follows: AACTION MOVERS ACKERMAN ESTVOLD ACKERMAN ESTVOLD ACME TOOLS ACME TOOLS ADVANCED BUSINESS METHODS AICPA ALL AMERICAN TROPHIES ALL AMERICAN TROPHIES ALLEN, EARL ALPHA CARD SYSTEMS AMAZON/GECRB AMAZON/GECRB AMERICAN WELDING & GAS, INC AMERIPRIDE AMERITAS LIFE INSURANCE CORP ANDERSON, WAYNE APEX ENGINEERING GROUP APEX ENGINEERING GROUP APH/AUTO VALUE ARFF SPECIALISTS, LLC ARROWHEAD ACE HARDWARE ARROWHEAD ACE HARDWARE ASTECH AT&T ATTIC, THE AUTOMATIONDIRECT.COM AVI SYSTEMS B & H UTILITY SERVICES, INC BAKER & TAYLOR BOOKS BAKER & TAYLOR BOOKS BAKKE GRINOLDS WIEDERHOLT BALTIC NETWORKS/VARGYAS BAMBENEK, JASON BATTERIES PLUS BULBS # BATTERIES PLUS BULBS # BAUER, KATHERINE BECHTOLD PAVING BECHTOLD PAVING BECK, KYLE Page 1

2 BERGER ENTERPRISES, LLC BERGER ENTERPRISES, LLC BEST BUY BUSINESS ADVANTAGE ACCOUNT BETTS, ANDRIANNA BILL'S REFRIGERATION BLACK, KEVIN & KELLI JO BLUE CROSS BLUE SHIELD BOHANNON, MAGGIE LAPC BORDER STATES ELECTRIC SUPPLY BRADY MARTZ BREMER BROADWAY PRINTING COMPANY BROADWAY PRINTING COMPANY BROCK WHITE CO LLC BROWN & SAENGER BROWN & SAENGER BROWN, AUSTIN BUTLER MACHINERY CO BUTLER MACHINERY CO BUTTON SLING INC CALGON CARBON UV TECHNOLOGIES, LLC CANTONE, CHASE CC STEEL INC CDM SMITH CDM SMITH CDW GOVERNMENT INC CDW GOVERNMENT INC CENEX CENEX CENGAGE LEARNING/GALE CENTER MASS, INC CENTRAL MACHINING&PUMP REPAIR CHIEF/LAW ENFORCEMENT SUPPLY CHILD'S WORLD CHRISTIANSON HEATING & AIR CHRISTOPHER A. CARLSON CHRISTOPHER A. CARLSON CIRCLE SANITATION CIRCLE SANITATION CITY OF MINOT CITY OF MINOT CITY OF VELVA CLUTE OFFICE EQUIP. INC COLDSPRING COLLINS, SCOTT COLONIAL LIFE PREMIUM PROCESSING COMPUTER STORE COUSINS KRISTA CPS, LTD CPS, LTD CUMMINS POWER, LLC CUMMINS POWER, LLC CURT'S STARTER & ALT. SERVICE CUTAIAR, JOE DACOTAH PAPER CO DACOTAH PAPER CO DAHL, JILL DAKOTA FENCE DAKOTA FIRE EXTINGUISHER DAKOTA FIRE EXTINGUISHER DAKOTA FLUID POWER, INC DAKOTA FLUID POWER, INC DAKOTA SUPPLY GROUP DAKOTA TRUCK & FARM DAKOTA WRECKING AND SALVAGE DAKOTALAND AUTOGLASS DARLEY DAVIDSON CONSTRUCTION DAVIS, ROBERT DECOTEAU, WILLIAM DIG IT UP BACKHOE SERVICE DIRECTV DPC INDUSTRIES, INC DR TRANSPORT, INC DR TRANSPORT, INC EAPC ARCHITECTS EBSCO INFORMATION SERVICES ECOLAB ECOLAB EFFECTIVE COMMUNICATION INC EMERGENCY AUTOMOTIVE TECHNOLOGIES EMERGENCY AUTOMOTIVE TECHNOLOGIES ENERBASE ENERBASE ENGINEERSUPPLY ENVIROTECH SERVICES, INC ERVEN, RONALD & PATRICIA ETHANOL PRODUCTS ETHANOL PRODUCTS EXPLORER POST # EXPRESSWAY SUITES FACTORY MOTOR PARTS FACTORY MOTOR PARTS FARSTAD OIL CO FASTENAL COMPANY FASTENAL COMPANY FEDERAL EXPRESS FEDERAL EXPRESS FELTNER, RICHARD FERGUSON WATERWORKS # FERGUSON WATERWORKS # FIDELITY SECURTIY LIFE FIRE SAFETY USA, INC FIRESIDE OFFICE SOLUTIONS FIRST DISTRICT HEALTH UNIT FIRST WESTERN INSURANCE FLADLAND, DEREK FLADLAND, DEREK FLEXIBLE PIPE TOOL COMPANY FORTERRA PIPE & PRECAST FRANKS, WILLIAM FRANKS, WILLIAM FRENCH, JOHN G & P COMMERCIAL SALES GAFFANEYS GENERAL TRADING GENERAL TRADING GERDAU AMERISTEEL GERDAU AMERISTEEL GILLIG LLC GOOSENECK IMPLEMENT GOOSENECK IMPLEMENT GRANITE SPRINGS CO GRANITE SPRINGS CO GRAPHICS, LETTERING & TRIM GRAVEL PRODUCTS, INC GRAYBAR GROSS, ROBERT HACH HACH HANDCUFF WAREHOUSE HANKS, ELIJAH HD SUPPLY WATERWORKS HELMS & ASSOCIATES HOLIDAY INN EXPRESS HOME OF ECONOMY HOME OF ECONOMY HOMER, JEREMY HORINKA, BRIAN HORST, NANCY HOUSTON ENGINEERING, INC HUBER SPRINKLER SERVICE HUWE THE HOUSE MOVER INC IDVILLE IDWHOLESALER INFORMATION TECHNOLOGY DEPARTMENT INFRARED CAMERAS INC INTERNATIONAL TRAVEL AGENCY IVERSON, KRISTI JACOBSEN MUSIC, INC JEROMES COLLISION CENTER JEROMES COLLISION CENTER JERRY'S REPAIR & ALIGNMENT JH MEDICAL SUPPLY JIMS WELDING,INC JLG ARCHITECTS JOB SERVICES OF NORTH DAKOTA JONASSON, DAN JORGENSEN, LESLI K MART K MART K MART KADRMAS, LEE & JACKSON (BISMARCK) KELLER PAVING AND LANDSCAPING KIMBALL, MICHELLE KOPA, ANDREW LAGERQUIST, TYLER LANDMARK STRUCTURES LARSON, CALLIE LARSON, MACEY LAUDENSCHLAGER, ERIK LAWSON PRODUCTS, INC Page 2

3 LAWSON PRODUCTS, INC LEGEND ELECTRIC LENTZ, JACOB LEXISNEXIS MATTHEW BENDER LEXISNEXIS MATTHEW BENDER LEXISNEXIS MATTHEW BENDER LITEFORM CONSTRUCTION LLC LOCATORS & SUPPLIES LOCATORS & SUPPLIES LOCK DOCTOR LOWES PRINTING, INC LOWES PRINTING, INC M & S SHEET METAL, INC M & S SHEET METAL, INC MACS INC MACS INC MADC MADC MAGIC CITY GARAGE DOOR COMPANY MAGIC CITY GARAGE DOOR COMPANY MAIN ELECTRIC CONSTRUCTION MAIN ELECTRIC CONSTRUCTION MARKETPLACE FOODS MARTISEN, DELLA & OLIVIA CHRISTMAS MATERIAL TESTING MDU MEADOWS, CASEY MENARDS MENARDS MEYER, LANCE MICKELSON, TODD MICROSOFT CORPORATION MICROSOFT CORPORATION MIDSTATES WIRELESS, INC MILITARY NAMES MILLER, SHELLY MINOT AUTO MINOT AUTO MINOT AUTOMOTIVE CENTER MINOT CHAMBER OF COMMERCE MINOT CITY AUDITOR MINOT COMMISSION ON AGING MINOT CONVENTION&VISITORS BUR MINOT CONVENTION&VISITORS BUR MINOT DAILY NEWS MINOT DAILY NEWS MINOT ELECTRIC MINOT ELECTRIC MINOT EMPLOYEE DONATIONS MINOT LUMBER MINOT PAVING MINOT PAVING MINOT RESTAURANT SUPPLY MINOT VETERINARY CLINIC MINOT WELDING COMPANY MINOT'S FINEST COLLISION CENTER MIRION TECHNOLOGIES (CANBERRA), INC MISCELLANEOUS A/R MISCELLANEOUS A/R MISCELLANEOUS A/R MISCELLANEOUS A/R MISCELLANEOUS A/R MISCELLANEOUS A/R MN CHILD SUPPORT PAYMENT CENTER MN CHILD SUPPORT PAYMENT CENTER MOORE ENGINEERING, INC MOORE, MELANIE MORGAN, TRAVIS MOTOROLA MOWBRAY & SONS MR. LAWN MURPHY, MITCHEL MUUS LUMBER MUUS LUMBER MVTL LABORATORIES MVTL LABORATORIES NAGEL, THOMAS NAPA AUTO PARTS NAPA AUTO PARTS NATIONAL PAYMENT CORPORATION NATIONAL TACTICAL OFFICERS ND APCO ND CHAPTER OF IAEI ND CHILD SUPPORT ND CHILD SUPPORT ND DEPT OF HEALTH ND DEPT OF HEALTH ND DEPT OF HEALTH ND DEPT OF TRANSPORTATION ND DEPT OF TRANSPORTATION ND DEPT OF TRANSPORTATION ND DEPT OF TRANSPORTATION ND FIRE PREVENTION ASSC ND ONE CALL, INC NDBOA NDPOA NEOPOST USA DEPT NESS, GAYLEN & JUDY NET TRANSCRIPTS NICOLAISEN, CLEO NORTH CENTRAL FEED AND SEED NORTH CENTRAL FEED AND SEED NORTH COUNTRY SPORTSWEAR NORTH PRAIRIE RURAL WATER NORTH PRAIRIE RURAL WATER NORTHERN BRAKE NORTHERN PLAINS CONTRACTING NORTHERN TECHNOLOGIES, LLC NORTHERN TESTING NORTHWEST TIRE AND RETREAD NORTHWEST TIRE AND RETREAD O'DAY EQUIP. INC OCLC ODNEY ADVERTISING OFFICE DEPOT OFFICE DEPOT OK AUTOMOTIVE OLSON'S TOWING OSHKOSH CORPORATION OWEN, CHRIS P & C ELECTRIC CO PACE - BILLINGS MT PARSONS, JENNA PBBS EQUIPMENT CORPORATION PEOPLE FACTS, LLC PHOENIX LIDAR SYSTEMS, LLC PINCKNEY, TRACY & TIFFANY PINKERTON ANIMAL HOSPITAL PITNEY BOWES INC PLASTIC-MART.COM POLICE VENDOR POLICE VENDOR POST CONSTRUCTION COMPANY PRAIRIE SUPPLY PRAIRIE SUPPLY PRAXAIR DISTRIBUTION, INC PRINGLE & HERIGSTAD, P.C PRINGLE & HERIGSTAD, P.C PRIORITY DISPATCH PRO CELLULAR PROCOLLECT PROVIDENT LIFE & ACC INS CO R&B SUPPLY CO. INC RADISSON HOTEL BISMARCK RAILROAD MANAGEMENT COMPANY RAINBOW PHOTO LAB, INC RAUB, REGINA RD LAND DEVELOPMENT, LLC RDO EQUIPMENT REALTIME TRANSLATIONS, INC RECORDED BOOKS REED-JOSEPH INTERNATIONAL CO REPUBLIC PARKING SYSTEM RESSLER-SIPMA-BEUCHLERAGENCY RHI SUPPLY RHI SUPPLY RIPP RESTRAINTS RIST, KARI ROBOT AVIATION USA INC ROBOT AVIATION USA INC RODMAN, DAVID SAMMY'S SANITATION PRODUCTS SANITATION PRODUCTS SATHER, LONNIE SCHEELS SCHOCKS SAFE AND LOCK SERVICE SCHOCKS SAFE AND LOCK SERVICE SCHOLASTIC LIBRARY SCHOOL PRODUCTS & EQUIPMENT CO SECURITY FENCE, INC SECURITY PLUS Page 3

4 SERTOMA CLUB OF MINOT SEVERIN, WILLIAM C SEVERIN, WILLIAM C SHERWIN WILLIAMS SICKLER, KEVIN SKYSKOPES SOLTIS BUSINESS FORMS CO SOURIS BASIN PLANNING COUNCIL SOURIS RIVER JOINT WATER RESOURCE SOURIS VALLEY REGIONAL LODGE SOUTH DAKOTA CHILD SUPPORT SOUTH DAKOTA CHILD SUPPORT SRT COMMUNICATIONS STANTEC CONSULTING SERVICES INC STAPLES STAPLES STAPLES STATE WATER COMMISSION STATE WATER COMMISSION STEIN, JEANNE STONEBRIDGE DEVELOPMENT CO. LLC STREICHER'S STREICHER'S SUMLIN, ROBBIE SUN LIFE FINANCIAL SWANSON & WARCUP, LTD SWANSTON EQUIPMENT SWANSTON EQUIPMENT TARGET TARGET TEAM ELECTRONICS INC TEAM ELECTRONICS INC TENN CHILD SUPPORT TENN CHILD SUPPORT TERMINAL SUPPLY CO THEIN WELL THOMSON REUTERS-WEST PAYMENT CENTER THORSRUD SUPPLY CO., INC TITAN MACHINERY TOM'S BACKHOE SERVICE TRACTOR SUPPLY CREDIT PLAN TRACTOR SUPPLY CREDIT PLAN TRAFFIC CONTROL CORPORATION TRANSAIR MANUFACTURING CORP TRANSUNION TRI-N PROPANE TRILLION AVIATION TRINITY HEALTH TRINITY MEDICAL GROUP TRINITY MEDICAL GROUP TRUE VALUE MINOT TUFF TRUCKS TWENTERPRISES, INC U.S. DEPT OF THE TREASURY U.S. POST OFFICE ULTEIG UNIFORM CENTER UNIFORM CENTER UNITED MAILING SERVICE UNITED MAILING SERVICE UNUM LIFE INSURANCE COMPANY OF AMER UNUM LIFE INSURANCE COMPANY OF AMER UNUM LIFE INSURANCE COMPANY OF AMER UNUM LIFE INSURANCE COMPANY OF AMER UPS STORE # UTILITY SYSTEMS OF AMERICA, INC VACUUM & SEWING CENTER VANGUARD APPRAISALS VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER -- 10### VANTAGEPOINT TRANSFER -- 10### VERICOM, LLC VERIZON VERIZON VERIZON VESSCO, INC VILLAGE FAMILY SERVICE CENTER VOLLMER, JENNA WAGNER CONSTRUCTION WAL MART WALTZER, RAY WARD COUNTY AUDITOR WARD COUNTY RECORDER WARD COUNTY RECORDER WASTE NOT RECYCLING LLC 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 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 WEATHERTAP WESTERN STEEL AND PLUMBING WESTLIE FORD WESTLIE FORD WESTLIE TRUCK CENTER WESTLIE TRUCK CENTER WHITESELL, STEVE WHITESELL, STEVE WILBUR-ELLIS CO LLC WINNELSON WSI CLAIM XEROX XEROX ZABACK, DARRELL D SPECIALTIES INC TOTAL: $5,553, CHARGE THESE FUNDS: Airport $ 24, Cemetery 3, Parking Authority Garbage Collection 21, Landfill 30, Page 4

5 Water/Sewer Storm Sewer Maintenance 6, Water Supply 61, Water Distribution 37, Sewer 23, Utility Billing 6, Replacement 8, Public Transportation 5, Library 6, Auditorium/Recreation 12, Total Transferred $ 248, ELECTRONIC PAYMENTS AFLAC 12, BCBS 156, Federal Tax Withholding 337, State Income Tax 0 Sales and Use Tax 0 ND State Disbursement 6, Deferred Comp 18, Verendrye Electric 57, Xcel 159, MDU 3, SRT 9, Verizon Credit Card Payments 6, Mass Mutual 124, Credit Card Fees Total $ 893, APPROVAL OF PAYROLL AUGUST 20, 2017 THROUGH SEPTEMBER 16, 2017 APPROVED Alderman Jantzer moved the City Council approve the payroll for the period of August 20, 2017 through September 16, 2017 in the amount of $1,952, PUBLIC HEARING TO ALLOW KYLE KOSKI TO APPEAL THE DECISION TO DENY HIS TAXI LICENSE APPLICATION APPROVED Page 5

6 The City Council held a public hearing for Kyle Koski, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application. No one appeared in opposition. Whereupon Alderman Jantzer moved the City Council close the public hearing and affirm the decision made by the Police Chief. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, PUBLIC HEARING BUILDING RELOCATION - DOUG BRACKETT RD AVE SW APPROVED The City Council held a public hearing to consider the request by Doug Brackett to relocate a detached garage from th Ave SW, Minot ND, also known as Amended Plat of Westwood R/A of Vallie Addition Lot 12, to rd Ave SW, Minot, ND 58701, also known as Forest Acres Addition Replat & R/A Lot 10 Block 1, subject to the following conditions: 1. A ten-thousand dollar completion bond must be posted with the City of Minot prior to issuance of any permits for this work. 2. 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 in opposition. Whereupon Alderman Sipma moved the public hearing be closed and the City Council approve the item. 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 Bob Adkins, Senior Executive Pastor of Open Gate Church, located at 400 Main Street N., came forward to discuss their eminent domain case between the church and the City of Minot. He explained the background of the property and how they waited three years after the flood before rebuilding. He said, they were two weeks away from moving back into the facility when they got the news the property would be included in the acquisitions for flood control. They have been unable to secure a property in the price range of the City s offer and have asked the City s Attorney to set up a meeting to share their concerns. He said, they are not angry with the City and many members of their congregation have had similar situations processed fairly. He would like to resolve the issue outside of the court but feels they have not been given an adequate opportunity. Pastor Adkins continued by describing some issues they have with the calculation of their offer. He said, there were discrepancies in square footage of the property. There was damage done to the parking lot, landscaping and outside of the building when the dike was installed but the cost of the repairs were denied. He also listed problems with the calculation of depreciation on their property. He said, when he contacted Swanson & Warcup, the attorneys handling the buyouts and acquisitions for the City, they responded with the same offer they originally presented. The Mayor called upon Chris Owen, the Federal Compliance Officer to set up a meeting between Swanson & Warcup, Pastor Adkins, his attorney, and City staff. Ellen Morrison, of th St SW, came forward to say she would like someone to review the eight foot fence near her house. She said, she is unable to see to the north when backing out of her driveway and it is hazardous for anyone passing by. She is asking that it be reviewed to avoid an accident with children playing on their bikes. Page 6

7 The Mayor stated, the City Manager will look into it personally and will be in contact with her. MAYOR S REPORT The Mayor listed his recent meetings and events including, dinner with Heather Wilson, Secretary of the Air Force, he represented the City at the Air Force Ball, delivered a proclamation to Gold Star mothers with the American Legion, participated in Magic Day of Giving at Sunnyside Elementary School, presented a proclamation recognizing Juvenile Diabetes, held a meeting of the Committee on Addiction, welcomed the regional Moose Convention and attended numerous Hostfest events. Mayor Barney then presented a proclamation to Fire Chief Flermoen, proclaiming October 8 th -14 th, 2017 Fire Prevention Week. He also presented a Proclamation declaring October 2 nd, 2017 Minot Area Council for International Visitors. There was a moment of silence for the victims of the tragic shooting that took place in Las Vegas and the Mayor mentioned Andrew Gudmunson, a Minot resident, who was shot and is in stable condition. APPOINTMENTS AND REAPPOINTMENTS APPROVED Alderman Jantzer moved the City Council approve the following Mayoral appointments: MAGIC Fund Byron Gates reappointed with a term to expire October Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, CITY MANAGER S REPORT The City Manager began by listing important upcoming dates throughout the month of October, including, the Downtown ribbon cutting October 9 th, a meeting with Maj. Gen. Kaiser October 11 th, a Water Coalition meeting in Bismarck, October 12 th, bid openings for the flood protection project October 25 th and 30 th, and the standing Committee meetings October 30 th, 31 st, and November 1 st. He described a meeting that took place with members of FEMA, USACE, and USGS, as well as state and local representatives, to talk about the RISKMap project. He said a good dialog has begun regarding the development of the maps. The agencies are willing and eager to listen and address the concerns the City and the County have brought forward. A list of concerns will be compiled by November 10 th and FEMA will take additional time to review those comments, likely adding to the review time and delaying implementation of the maps. He said the Developer s Forum was well attended. Staff is currently working to map out processes, policies and ordinances to look for improvements. Adjustments are being made to allow for better expectations, enhance efficiency, and to be consistent but also flexible. He shared news regarding public transit by stating, the City was granted $490,000 from NDDOT to replace two vehicles. They were also awarded $579,120 for Operations and Maintenance for He then listed some statistics on ridership improvements that have occurred since implementing the new route system. Daily hours increased 33%; Route miles increased 69%; average rides per month is at 6,618; Total ridership for May-August was up 22.5% and adult ridership for May-August was up 47.8%. He continued by discussing the landfill expansion. He said, 320 acres of land have been purchased for $4 million, which adds over 60 years to the landfill. The Airport will provide a recommendation for the car rental concessions at the next committee meeting. The Perimeter and North Apron projects are proceeding on schedule. Mr. Barry gave an update on the construction projects by saying, the Downtown Infrastructure project hit substantial completion about one month ahead of schedule. There are minor punch list items to be completed but a ribbon cutting will be held Monday, October 9 th. The Broadway Bridge has had the final beams placed and concrete on the bridge deck will be poured soon. The contractor is still pushing to have enough of the bridge finished by November 1 for use by drivers. The Page 7

8 Burdick Expressway project is on schedule with only two blocks left to finish and it should be done by the end of October. The Sundre Water Line Replacement is about 50% complete with replacing the 2 million gallon tank. It will connect with the NAWS pipeline to increase line capacity from 5,700 gallons per minute to 9,000 and must be completed by June 1 st to avoid any conflicts with the flood protection project. The 18 th Ave Sewer project is behind schedule and is currently being charged liquidated damages. The newly submitted schedule set the completion for mid-october. The Auditorium is replacing the original seating which is expected to finish mid-october. Grass is being replaced by turf on two fields at the softball complex which will allow for a longer fast pitch season. The City Manager then described the progress of the NDR projects. The team is reviewing the one proposal received for the bid of the multi-family housing project. EAPC is finalizing the plan books for the resilient neighborhoods and is planning to present to the next Committee of the Whole meeting. The Planning Department has identified three potential sites for the downtown gathering space and will present them to the Committee of the Whole to select the most beneficial and cost effective. MSU, Dakota College and Minot Public Schools are preparing a white paper of proposed framework for training programs for the Center for Technical Education. The RFP for the family shelter is currently being advertised and has a submission deadline of December 15 th. The Acquisition program closed on one property in August, had seven relocation claims and one demolition. He said, staff is continuing to review documentation on the parking structures. He received proposals from Cypress which are being evaluated and once all parties are consulted they will come to the Council to determine how to proceed. They are continuing to close out the City s portion of the project to release the retainage and the contractors. They hope the crane will be removed in the next 30 days. He mentioned, he has a meeting with Steve Larson, of Cypress, next week. In other updates, the City Manager said, there is a Legislative Committee studying the ND oil and gas tax revenue allocations to HUB Cities and HUB City school districts. They are holding discussions to determine specific and permanent funding strategy for the allocation. A meeting will be held in Minot in November which gives the City the opportunity to tell our story about the impact the oil and gas industry has had on Minot. Upon questioning by Alderman Wolsky about the FEMA maps, the City Manager said, it is highly likely the adoption of the map will be delayed. The FEMA administrators are willing to review the City s concerns and will need additional time to do so. Alderman Straight asked about the affordable housing project for NDR and how the City will proceed since there was only one proposal. Mr. Barry explained, the team will discuss with the community to find out how to improve the request for proposals. They will identify what obstacles prevented firms from applying and will adjust the RFP and re-issue it. CITY ATTORNEY S REPORT The City Attorney submitted a written report. Alderman Wolsky asked about the cease and desist letter sent to Earth Recycling and wondered if the City Council should be notified of such an action. The City Attorney replied by saying, in July, the Planning Department sent notification to Earth Recycling that they were violating the zoning code and they needed to rectify the situation. She explained, there is a process all departments follow. The Mayor requested the Planning Department include Alderman Wolsky and Alderman Straight when they send similar notifications. Alderman Wolsky also requested the City Attorney include a list of active civil cases in her monthly report in order for him to keep them all straight. SUBDIVISION OF THE BLUFFS 8TH ADDITION; BLOCK 1, LOTS 1-16; AND BLOCK 2, LOTS 1-7 APPROVED Alderman Olson moved the City Council approve an application by Future Builders represented by Ackerman Surveying to subdivide The Bluffs 2nd Addition, Block 2, Lots into 23 single-family lots to be known as The Bluffs 8th Addition; Page 8

9 Block 1, Lots 1-16; and Block 2, Lots 1-7. This property is located in the 1500 block of 37th Avenue at Valley Bluffs Drive SE. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SUBDIVISION OF CIMARRON TOWNHOMES 4TH ADDITION, LOTS 1A & 1B APPROVED Alderman Olson moved the City Council approve an application by Jeff & Betsy Gerhart to subdivide Cimarron Townhomes 2nd Addition, Lot 1 into two lots to be known as Cimarron Townhomes 4th Addition, Lots 1A & 1B. This property is located at 1600 & th Street NW. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ORDINANCE NO CHANGE THE ZONE FROM R-3B (MULTIPLE RESIDENCE) DISTRICT TO R3C (TOWNHOUSE RESIDENTIAL) DISTRICT ON CIMARRON TOWNHOMES 4TH ADDITION, LOTS 1A & 1B FIRST READING APPROVED Alderman Olson moved the City Council place ordinance no on first reading to change the zone from R-3B (Multiple Residence) District to R3C (Townhouse Residential) District on Cimarron Townhomes 4th Addition, Lots 1A & 1B. Motion seconded by Alderman Jantzer and carried unanimously. Alderman Olson 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, SUBDIVISION OF OUTLOT 16, SECTION APPROVED Alderman Olson moved the City Council approve an application by Stacey Abel to subdivide an unplatted portion of the W½SW¼SE¼ of Section into one lot to be known as Outlot 16, Section This property is located at th Avenue SE. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SUBDIVISION OF WEST ACRES BUSINESS CENTER, LOTS 1-3 APPROVED Alderman Olson moved the City Council approve an application by Capital RV Center, Inc. represented by Sean Weeks of Ackerman-Estvold, to subdivide Lots A, B, and C of Outlot 30 and a portion of Outlot 30, Section , into 3 lots to be known as West Acres Business Center, Lots 1-3. This property is located at 2703 Elk Drive. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ORDINANCE NO CHANGES TO THE ZONING ORDINANCE, CHAPTER 24- LANDSCAPING FIRST READING APPROVED Alderman Olson moved the City Council place ordinance no on first reading approving changes to Chapter 24- Landscaping of the Zoning Ordinance. Motion seconded by Alderman Jantzer and carried unanimously. Alderman Olson 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, Page 9

10 ORDINANCE NO CHANGE THE ZONE FROM AG (AGRICULTURAL) DISTRICT TO RA (RESIDENTIAL AGRICULTURAL) DISTRICT ON OUTLOT 16, SECTION FIRST READING APPROVED Alderman Olson moved the City Council place ordinance no on first reading to change the zone from AG (Agricultural) District to RA (Residential Agricultural) District on the proposed Outlot 16, Section Motion seconded by Alderman Wolsky. Kathy Fimreite, of th Ave SE, came forward to state her concerns for the record. She said, she lives at the property to the west of the subject property and is concerned about the development that will occur after this zone change takes effect. She described the issues with the road between them which is the only access to the back of her house and her garage. It is a small gravel road not meant for heavy traffic. She also stated, there will be problems with drainage and snow removal. She said she understands that progress is inevitable but believes that is development occurs there in the future, she will lose some privacy and it will affect her property value. The Mayor called upon the Planning Director to explain the process necessary for development to take place. Mr. Davis stated, if anything were to be built, it would be years in the future. It would require a lot of planning concerning utilities and ensuring access for emergency vehicles. He responded to questions by saying, the owner wants to subdivide the lot which would no longer meet the size requirements to be zoned AG. There have been discussions about the 40 of additional right of way and possibility of shifting the location of the future road. Upon further questioning, the City Engineer stated, when subdivision plans come through, staff will review the configuration of the topography to figure out if the road can be moved. Alderman Wolsky commented about Governor Burgum s Main Street Initiative and the need to focus development on downtown rather than expanding the City into the extraterritorial zone. He questioned whether the Council should continue to support outward expansion. The Mayor reminded Alderman Wolsky, the item before them is not being brought into the City. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Wolsky; nays: Straight Alderman Olson moved the City Council pass ordinance no on first reading. Motion seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Wolsky; nays: Straight. SUBDIVISION OF OUTLOTS 11 & 12, SECTION APPROVED Alderman Jantzer moved the City Council approve an application by Northridge Villas LLC represented by John Zimmerman to subdivide a portion of Outlot 6, Section into two lots to be known as Outlots 11 & 12, Section Motion seconded by Alderman Sipma. Alderman Jantzer requested clarification on the conditions required for approval of the subdivision. Mr. Davis said, the motion made during the Planning Commission meeting stated, to amend condition 1 using the language provided by Northridge Villas and to retain condition 2 regarding Lot 12 with the access agreement. The applicant, John Zimmerman, said the Planning Commission adopted the requested language regarding condition 1 related to the park dedication agreement. He explained the process that took place to satisfy concerns from the Council regarding the ownership of the land for the greenway. When the purchase agreement for the land was being processed, they found out there was not an accurate legal description so it was resurveyed to create these two Outlots. The property is comprised of 17 ½ acres, of which a 16 ½ acre greenway will be donated to the Park District. The request to Planning Commission was to simplify condition 1 based on the fact the Park dedication agreement will not be recorded. The intent behind the motion made by Commissioner Karpenko was to condense the 2 nd condition requiring the 15 easement orbiting Outlot 12 as the access point to the Outlot. Once the plat application is approved, the purchase agreement for the land can be executed, which will allow the park dedication agreement to be finalized and the conditions will be met to approve the rezoning application for the project. Page 10

11 Upon questioning by Alderman Podrygula regarding other conditions, the City Engineer stated, the largest concern was that the access easement was in place. It satisfies the condition he needs to record the plat. Other potential conditions would provide clarity as to what could or could not be developed on the property but it would be up to the Council to make those decisions. If the owner wants to do anything with the parcel in the future, they would need to work within the regulations available. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Sipma, Straight, Wolsky; nays: Podrygula. SPECIAL ASSESSMENT OF 2017 NUISANCE ABATEMENT (4198) APPROVED Alderman Jantzer moved the City Council approve the assessment roll for the 2017 nuisance abatements. FINAL PAYMENT MEMO- NDDOT (4172) APPROVED Alderman Jantzer moved the City Council approve the final payment of $82.94 be paid to the North Dakota Department of Transportation (NDDOT) for the City share of replacing outdated signing on federal routes round Minot. ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET - SNOW REMOVAL EQUIPMENT (AIR060) FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to amend the 2017 annual budget to decrease the capital expenses and revenues to split the purchase of the SRE Broom into phases. 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, NDR SUB RECIPIENT AGREEMENT WITH THE NORTH DAKOTA HOUSING FINANCE AGENCY APPROVED Alderman Jantzer moved the City Council approve the sub recipient agreement with the North Dakota Housing Finance Agency and authorize the Mayor to sign the agreement. DEMOLITION SPECIAL ASSESSMENTS 2017 APPROVED Alderman Jantzer moved the City Council approve the assessment roll for 2017 demolitions. FINAL PAYMENT - AERATION BLOWER IMPROVEMENTS (4105) APPROVED Alderman Jantzer moved the City Council approve the final payment amount of $114, to be paid to Northern Plains Contracting Inc. for Aeration Blower Improvements. Page 11

12 NDR LMI GAP FINANCING BUY-IN HOMEOWNER INCENTIVE APPROVED Alderman Jantzer moved the City Council approve the Gap Financing Program for low/moderate income flood impacted homeowners known as Resilient Homeowner Buy-in to Minot Incentive. REQUEST TO PURCHASE TICKET VENDING MACHINE FROM GFI GENFARE (4269) APPROVED Alderman Jantzer moved the City Council approve sole source acquisition of GFI Genfare ticket vending machine. REQUEST FOR PERMANENT ENCROACHMENT WITHIN CITY RIGHT-OF-WAY FOR 2125 ELK DRIVE APPROVED Alderman Jantzer moved the City Council approve the encroachment of a concrete landscaping island and parking lot lighting system in the boulevard with the following conditions: 1. The Owner signing the permit agrees that the costs of maintenance and replacement be his responsibility. 2. The City Attorney prepare the encroachment permit agreement, including language to protect the City from liability. 3. The City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason. 4. The property owner pays a $100 processing fee. RFP FOR CITY TOWING SERVICES APPROVED Alderman Jantzer moved the City Council authorize the Police Department to advertise an RFP for City Towing Services. SPECIALTY RESTAURANT BEER & WINE LICENSE- MADIHOPE, LLC DBA UNCLE MADDIO'S PIZZA JOINT APPROVED Alderman Jantzer moved the City Council approve the request from Madihope, LLC dba Uncle Maddio s Pizza Joint for a Specialty Restaurant Beer & Wine license operating at th St SW. PURCHASE OF DISC CLEANER FOR MINOT PUBLIC LIBRARY (LIB029) APPROVED Alderman Jantzer moved the City Council approve the purchase of an ECO Auto-Smart Disc Repair System for $5,440 from the Library s Memorial fund. Page 12

13 ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET LIBRARY DISC CLEANER FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to amend the 2017 budget to increase the capital purchase fund revenues & expenditures for the purchase of a disc cleaner and approve the transfer of funds. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council place ordinance no on first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET - LIBRARY ROOF REPAIRS FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to amend the 2017 annual budget to transfer funds saved from project LIB022 (Library Server) to the Library s Building & Grounds account to complete necessary repairs to the roof. 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, ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET - LIBRARY AIR CONDITIONER PURCHASE (LIB030) FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to amend the 2017 annual budget to transfer funds from Sale Tax Major Projects to the Library's Building & Grounds account to replace an air conditioning unit. 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, FINAL PAYMENT - WELL REHAB PROJECT (4210) APPROVED Alderman Wolsky moved the City Council approve the final payment amount of $117, to be paid to Thein Well Company, Inc. for the Well Rehab Project. Motion seconded by Alderman Sipma. Alderman Wolsky stated, he sought information at the Committee of the Whole meeting which was not available at the time. He said the project increased the raw water capacity by 1,300 gallons per minute. The Public Works Director said, it can now process about 1.87 million gallons of water per day. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ENGINEERING CONTRACT AMENDMENT DOWNTOWN INFRASTRUCTURE IMPROVEMENTS (3608) APPROVED Alderman Sipma moved the City Council approve the contract amendment with HMjv in the amount of $84,514, use contractor liquidated damages to offset the increase in engineering costs and authorize the Mayor to sign the amendment. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight; nays: Wolsky. ADMINISTRATIVE APPROVALS APPROVAL Page 13

14 Alderman Jantzer moved the City Council ratify the following administratively approved requests: 1. HHC NCO Fund to conduct a raffle on December 31, 2017 at Minot Armed Forces Reserve Center ( nd St NE) 2. The Tap Room for a special event permit commencing on September 16, 2017 at Oak Park 3. Trinity Health Auxiliary to conduct a raffle on November 21, 2017 at Trinity Health Gift Shop (1 Burdick Expressway W) 4. Trinity Health Auxiliary to conduct a raffle on October 13,2017 at Sleep Inn ( th St SW) 5. Arny s 2.0 for a special event permit commencing on September 9, 2017 and to expire September 11, 2017 at Arny s 2.0 (12 3 rd St SE) 6. St Theresa Little Flower Church to conduct a raffle on October 18, 2017 at MSU Ann Nicole Nelson Hall (500 University Ave W) 7. North Central Reading Council to conduct a raffle on October 30, 2017 at Grand Hotel (1505 North Broadway) 8. Minot Rifle and Pistol Club to conduct a raffle on September 23, 2017 at Grand Hotel (1505 North Broadway) 9. Souris Valley Ducks Unlimited to conduct a raffle on September 28, 2017 at Grand Hotel (1505 North Broadway) 10. Bel Air PTA to conduct raffles and bingo from October 1, 2017 through June 1, 2018 at Bel Air Elementary School ( th St NW) 11. Town & Country Credit Union to conduct a raffle on October 6, 2017 at Town and Country Credit Union (615 South Broadway) 12. The Tap Room for a special event permit commencing on September 15, 2017 and to expire on September 24, 2017 at 10 Blk First Ave SE 13. The Spot for a special event permit commencing on September 17, 2017 and to expire on September 23, 2017 at The Spot (6 2 nd St NE) 14. The Grand Hotel for a special event permit commencing on September 21, 2017 at the Convention Center of Student Union Building (500 University Ave W) 15. Zion Lutheran Church to conduct a raffle on October 28, 2017 at Zion Lutheran Church (1800 Hiawatha Street) 16. Souris River Brewing for a special event permit commencing on September 21, 2017 at Kegs and Corks (Downtown Minot) Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ORDINANCE NO REZONING HEIDRICH HOMES 5 TH ADDITION, LOT 2 SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading, rezoning Heidrich Homes 5 th Addition, Lot 2 from AG (Agricultural District) to RA (Agricultural Residential District). Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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, ORDINANCE NO REZONING HEIDRICH HOMES 5 TH ADDITION, LOT 3 SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading, rezoning Heidrich Homes 5 th Addition, Lot 3 from AG (Agricultural District) to C2 (General Commercial District). Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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, ORDINANCE NO CHANGE THE ZONE FROM MH (MANUFACTURED HOME) TO M1 (LIGHT INDUSTRIAL) DISTRICT ON SOUTHEAST RIDGE BUSINESS PARK 2ND ADDITION, LOTS 1-5 SECOND READING APPROVED Page 14

15 Alderman Olson moved the City Council place ordinance no on second reading to change the zone from MH (Manufactured Home) to M1 (Light Industrial) District on Southeast Ridge Business Park 2nd Addition, Lots 1-5. Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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, ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET- TURF MOWER ACCESSORIES (4273) SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading to amend the 2017 annual budget to increase the Street Department operation supplies and books/subscriptions revenues and expenditures and decrease the capital equipment purchase revenues and expenditures for the turf mower accessories. Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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, ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET - COPIER FOR INSPECTION, TRAFFIC, AND PLANNING DEPARTMENTS SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading amending the 2017 annual budget to increase capital purchases account by $6, for the purchase of the copier for Inspection, Traffic, and Planning Departments. Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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, ORDINANCE NO AMEND THE 2017 ANNUAL BUDGET 22 ROLL OFF DUMPSTER (AIR065) AND 4- YARD DUMPSTER SECOND READING APPROVED Alderman Olson moved the City Council place ordinance no on second reading to amend the 2017 annual budget to increase the capital expenses account for the purchase of a roll off dumpster for the Airport and decrease the purchase property services garbage collection account. Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson 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 HIGHLANDS AT NORTH HILL 3 RD ADDITION, BLOCK 1, LOTS 1-6, BLOCK 2, LOTS 1-10, BLOCK 3, LOTS 1-7 AND LOTS 8A-10B FROM R-4 DISTRICT TO R2 DISTRICT WITH A PUD OVERLAY SECOND READING APPROVED Alderman Wolsky moved the City Council place ordinance no on second reading to change the zone from R-4 (Planned Residential) District to R2 (Two-family Residential) District with a PUD (Planned Unit Development) overlay on Highlands at North Hill 3rd Addition, Block 1, Lots 1-6, Block 2, Lots 1-10, Block 3, Lots 1-7 and Lots 8A-10B subject to the following conditions: Conditions: 1. Developer s Agreement with the City of Minot is required to be approved and recorded before the plat can be recorded. 2. The information provided on the plans for the proposed open space areas and associated amenity package shall be made part of the agreement. 3. Proposed building elevations depicting architectural style and construction materials, finishes and colors shall be made part of the plan. Page 15

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