March 5, 2018 Regular City Council Meeting

Transcription

1 MINOT CITY COUNCIL SCHEDULED MEETING MARCH 5, 2018 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- FEBRUARY 5, 2018 REGULAR CITY COUNCIL MEETING APPROVED Alderman Olson moved the City Council approve the minutes of the February 5, 2018 regular City Council meeting. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, APPROVAL OF BILLS FEBRUARY 2018 APPROVED Alderman Jantzer moved the City Council approve the bills and transfers as listed for February, 2018 in the amount of $3,037, as follows: ABSOLUTE COMFORT INC ACKERMAN ESTVOLD ACKERMAN ESTVOLD ACME TOOLS ACME TOOLS ACUITYBRANDS ADVANCED BUSINESS METHODS ALENTADO TRAINING CONSULTANTS ALL AMERICAN TROPHIES ALL AMERICAN TROPHIES AMAZON/GECRB AMERICAN LIBRARY ASSOCIATION AMERICAN TRUCK & TRAILER, LLC AMERICAN WELDING & GAS, INC AMERICAN WELDING & GAS, INC AMERIPRIDE AMERIPRIDE AMERITAS LIFE INSURANCE CORP ANDERSON, JANET APEX ENGINEERING GROUP APH/AUTO VALUE APH/AUTO VALUE ARNY'S BOTTLE SHOP & LOUNGE ARROWHEAD ACE HARDWARE ARROWHEAD ACE HARDWARE ASTECH AT&T ATHENS TECHNICAL SPECIALISTS, INC BAKER & TAYLOR BOOKS BAKER & TAYLOR BOOKS BALLANTYNE, BRITTANY BARNEY, CHUCK BARRY, TOM BARRY, TOM BATTERIES PLUS BULBS # BAUER, KATHERINE BECKER, KRYSTA BERGER ENTERPRISES, LLC BEST BUY BUSINESS ADVANTAGE ACCOUNT BIBLIOTHECA, LLC BLUE CROSS BLUE SHIELD BLUE CROSS BLUE SHIELD Page 1

2 BOHANNON, MAGGIE LAPC BORDER STATES ELECTRIC SUPPLY BORDER STATES ELECTRIC SUPPLY BOXWOOD TECHNOLOGY, INC BROWN & SAENGER BROWNE, ROBERT BUECHLER, MIKE & STACY BUNK, MATTHEW BUREAU OF RECLAMATION BURLINGTON ELECTRIC BUTLER MACHINERY CO BUTLER MACHINERY CO CASAREZ, JR, ANDRES CDM SMITH CDW GOVERNMENT INC CDW GOVERNMENT INC CENGAGE LEARNING/GALE CENTRAL MACHINING&PUMP REPAIR CHRISTOPHER A. CARLSON CIVICPLUS CLAREY'S SAFETY EQUIPMENT INC CLEAN TECH CLUTE OFFICE EQUIP. INC COFELL, BEN COLONIAL LIFE PREMIUM PROCESSING COMFORT SUITES-BISMARCK COMMUNITY AMBULANCE SERVICE CORE & MAIN CPS, LTD CPS, LTD CRABTREE, JASON CREATIVE PRINTING CROSS COUNTRY DELIVERY CUMMINS POWER, LLC CUMMINS POWER, LLC DACOTAH PAPER CO DACOTAH PAPER CO DAKOTA FIRE EXTINGUISHER DAKOTA FLUID POWER, INC DAKOTA FLUID POWER, INC DAKOTA SUPPLY GROUP DAKOTA TRANSIT ASSOCIATION DAKOTA TRANSIT ASSOCIATION DAKOTALAND AUTOGLASS DC ENTERTAINMENT DELTA DENTAL OF MINNESOTA DEZEMBER PARRENT C/O DGS DIRECTV DLT SOLUTIONS INC DOMESTIC VIOLENCE CRISIS CENTE DOMINO'S PIZZA DORSEY & WHITNEY DR TRANSPORT, INC DRUSE, DAMON DUDE SOLUTIONS INC DYKE, DARREN DYNATEST CONSULTING, INC EBSCO INFORMATION SERVICES ECOLAB EICKHOF COLUMBARIA INC ELDORADO NATIONAL - CALIFORNIA EMERGENCY AUTOMOTIVE TECHNOLOGIES ENERBASE ENERBASE ETHANOL PRODUCTS ETHANOL PRODUCTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FARSTAD OIL CO FASTENAL COMPANY FBI-LEEDA FEDERAL EXPRESS FEDERAL EXPRESS FELTNER, RICHARD FIDELITY SECURTIY LIFE FIRE SAFETY USA, INC FIRST DISTRICT HEALTH UNIT FIRST DISTRICT HEALTH UNIT FIRST INTERNATIONAL BANK & TRUST FIRST WESTERN INSURANCE FIRST WESTERN INSURANCE FLEETMIND SOLUTIONS INC FLERMOEN, KELLI FLEXIBLE PIPE TOOL COMPANY FUSION AUTOMATION INC G & P COMMERCIAL SALES G & P COMMERCIAL SALES GAFFANEYS GAFFANEYS GAME STOP GENERAL TRADING GENERAL TRADING GERDAU AMERISTEEL GERDAU AMERISTEEL GILLIG LLC GLASS DOCTOR GOLDADER, GRANT GOODMAN, DAVID GOOSENECK IMPLEMENT COMPANY GRANITE SPRINGS CO GRANITE SPRINGS CO GRAVEL PRODUCTS, INC GRAVEL PRODUCTS, INC GRAYBAR H.A. THOMPSON & SONS, INC HACH HAMMER, LORNE HARLEYS SERVICE CENTER INC HARLOW'S BUS SALES INC HAUG, SHANE HAWKINS, INC HAYHURST, MYRON HIATT, MATT HIGH PLAINS TECHNOLOGY INC HOME DEPOT CREDIT SERVICES HOME OF ECONOMY HOMETOWN MOVING & STORAGE HORST, NANCY HOUSTON ENGINEERING, INC HP INC ICC ICC IFM EFECTOR INC INFAX, INC INFOGROUP/INFO-USA MARKETING INFORMATION TECHNOLOGY DEPARTMENT INTERNATION ECONOMIC DEVEL COUNCIL INTERNATIONAL TRAVEL AGENCY INTERSTATE BATTERY SYSTEM INTERSTATE BATTERY SYSTEM IPMA-HR J C PENNEY CO J.D. POWER JH MEDICAL SUPPLY JIMS WELDING,INC JOHN DEERE FINANCIAL K MART KADRMAS, LEE & JACKSON (BISMARCK) KELLER PAVING AND LANDSCAPING KELLER PAVING AND LANDSCAPING KFD TRAINING AND CONSULTATION KING, MATT KK BOLD KLIMPEL EXCAVATING, INC KOSTENKO, SETH KRANDA, TODD D KUSTOM SIGNALS, INC KUSTOM SIGNALS, INC LANG, LANCE LARSON, MACEY LAUDENSCHLAGER, ERIK LAUDENSCHLAGER, ERIK LEMAR, NEAL LEROYS HOME IMPROVEMENTS LEWIS & CLARK TRAIL HERITAGE FOUNDA LN GANN LLC LOAF N JUG LOCATORS & SUPPLIES LOCATORS & SUPPLIES LOVELACE, DAN LOWES PRINTING, INC LTP LUDLUM MEASUREMENTS, INC LUDLUM MEASUREMENTS, INC M & S SHEET METAL, INC M & S SHEET METAL, INC M&T FIRE AND SAFETY INC M-B COMPANY MACA MACS INC MACS INC MAD MAGAZINE Page 2

3 MADC MADC MAGIC CITY GARAGE DOOR COMPANY MAGIC CITY GARAGE DOOR COMPANY MAIN ELECTRIC CONSTRUCTION MARAGOS, SHEILA MARCO, INC MARCO, INC MARKETPLACE FOODS MARKETPLACE FOODS MARKETPLACE FOODS ARROWHEAD MARKETPLACE NORTH MARSHALL & SWIFT MATHRE COMMUNICATIONS INC MDU MEI TECHNOLOGIES MELANDER, TIM MENARDS MENARDS MERRIMAN, ERIC MEYER, LANCE MICKELSON, TODD MICROSOFT CORPORATION MINOT AUTO MINOT AUTO MINOT AUTOMOTIVE CENTER MINOT AUTOMOTIVE CENTER MINOT CHAMBER OF COMMERCE MINOT COMMISSION ON AGING MINOT CONVENTION&VISITORS BUR MINOT CONVENTION&VISITORS BUR MINOT DAILY NEWS MINOT DAILY NEWS MINOT ELECTRIC MINOT EMPLOYEE DONATIONS MINOT LUMBER MINOT PARK DISTRICT MINOT PLUMBING&HEATING CO INC MINOT RESTAURANT SUPPLY MINOT RURAL FIRE PROTECTION DIST MINOT VETERINARY CLINIC MINOT WELDING COMPANY MISCELLANEOUS A/R MISCELLANEOUS A/R MN CHILD SUPPORT PAYMENT CENTER MN CHILD SUPPORT PAYMENT CENTER MOORE ENGINEERING, INC MOORE, MELANIE MOORE, MELANIE MORELLI'S DISTRIBUTING INC MORELLI'S DISTRIBUTING INC MOWBRAY & SONS MPLA MSC INDUSTRIAL SUPPLY CO MUNICODE MUUS LUMBER MUUS LUMBER NAGEL, THOMAS NAPA AUTO PARTS NAPA AUTO PARTS NATIONAL PAYMENT CORPORATION ND CHIEFS OF POLICE ASSOCIATION ND DEPT OF HEALTH ND DEPT OF TRANSPORTATION ND DEPT OF TRANSPORTATION ND FIREFIGHTER'S ASSOCIATION ND INSURANCE DEPT ND LEAGUE OF CITIES ND MUNICIPAL JUDGE'S ASSOCIATION ND ONE CALL, INC ND ONE CALL, INC ND WATER & POLLUTION CONTROL CONF ND WATER EDUCATION FOUNDATION NDAPHMC NDWPCC NESS IRREVOCABLE FARM TRUST NET TRANSCRIPTS NEW HORIZONS CLC OF SOUTH DAKOTA NEWMAN TRAFFIC SIGNS NICOLAISEN, CLEO NORTH CENTRAL RENTAL & LEASING NORTH DAKOTA GUARANTY & TITLE NORTH DAKOTA LIBRARY ASSOCIATION NORTH PRAIRIE RURAL WATER NORTHERN BRAKE NORTHERN PLAINS EQUIPMENT CO., INC NORTHERN TESTING NORTHWEST TIRE AND RETREAD NORTHWEST TIRE AND RETREAD O'DAY EQUIP. INC O'DAY EQUIP. INC OCLC OFFICE DEPOT OK AUTOMOTIVE OK AUTOMOTIVE OLSON, JACOB OLSON'S TOWING PBBS EQUIPMENT CORPORATION PENWORTHY COMPANY LLC PEOPLE FACTS, LLC PEPSI-COLA BOTTLING COMPANY PEPSI-COLA BOTTLING COMPANY PERFORMANT RECOVERY, INC PHYSIO-CONTROL CORP PIONEER MANUFACTURING COMPANY PLASTICARDS, INC POLICEONE.COM POLLARD WATER POLLARD WATER POLLMAN, DANA POST CONSTRUCTION COMPANY PRAIRIE SUPPLY PRAIRIE SUPPLY PRAXAIR DISTRIBUTION, INC PREFERRED CONTROLS CORP PRINGLE & HERIGSTAD, P.C PROCOLLECT PROTECH INTEGRATIONS LLC PROTECTION SYSTEMS, INC PROVIDENT LIFE & ACC INS CO QUALITY INN-BISMARCK R & R INDUSTRIES, INC RALPH'S PLUMBING RAMKOTA HOTEL & CONFERENCE CENTER RAPID FIRE PROTECTION INC RAZOR TRACKING INC RDO EQUIPMENT RDO EQUIPMENT REAL SIMPLE REALTIME TRANSLATIONS, INC RECORDED BOOKS RECORDED BOOKS REPUBLIC PARKING SYSTEM REPUBLIC PARKING SYSTEM REYNOLDS, JOHN RHI SUPPLY RHI SUPPLY RODMAN, DAVID RODMAN, DAVID RYAN CHEVROLET INC RYAN GMC SAMMY'S SANDBERG, MADISYN SANITATION PRODUCTS SANITATION PRODUCTS SCHAEFER SYSTEMS INTERNALTIONAL SCHEELS SCHEELS SCHOCKS SAFE AND LOCK SERVICE SCHOCKS SAFE AND LOCK SERVICE SCHOOL PRODUCTS & EQUIPMENT CO SECURITY PLUS SECURSCREEN SHARE CORPORATION SHARPENING SUPPLIES SHERWIN WILLIAMS SIGNS TODAY, INC SIMTECH INC SKILL PATH, INC SNAP ON TOOLS SOARING EAGLE OUTERWEAR LLC SOURIS BASIN PLANNING COUNCIL SOURIS RIVER JOINT WATER RESOURCE SOUTH DAKOTA CHILD SUPPORT SOUTH DAKOTA CHILD SUPPORT STANTEC CONSULTING SERVICES INC STAPLES STAPLES STAPLES STATE HISTORICAL SOCIETY OF ND STATE WATER COMMISSION STEEN CONSTRUCTION & ASSOCIATES Page 3

4 STEIN'S INC STEIN'S INC STEVICK BUSINESS SPECIALTIES & WEAR SUDBRINK, ANDREW SUMMERS, DANA SUN LIFE FINANCIAL SUNRISE DELIVERY SWANSON & WARCUP, LTD SWANSTON EQUIPMENT TALBOTT, MIKALI TANDBERG, LOIS TARGET TEAM ELECTRONICS INC TEAM ELECTRONICS INC TENN CHILD SUPPORT TENN CHILD SUPPORT TERNES, KEVIN THE PIONEER WOMAN MAGAZINE THORSON, ANTHONY TITAN MACHINERY TITAN MACHINERY TODD FERM CONSTRUCTION LLC TOO DARK MOTORSPORTS TRACTOR SUPPLY CREDIT PLAN TRACTOR SUPPLY CREDIT PLAN TRAFFIC CONTROL CORPORATION TRANSUNION TRILLION AVIATION TRINITY HEALTH TRINITY MEDICAL CENTER TRINITY MEDICAL GROUP TUFF TRUCKS TWISTED CRK RANCH SUPPLY TYLER TECHNOLOGIES, INC TYLER TECHNOLOGIES, INC U.S. FOODSERVICE ULTEIG UNIFORM CENTER UNITED #7 BOYS BASKETBALL UNITED MAILING SERVICE UNITED MAILING SERVICE UNITED RENTALS UNUM LIFE INSURANCE COMPANY OF AMER UNUM LIFE INSURANCE COMPANY OF AMER UPS STORE # VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER - 30##### VANTAGEPOINT TRANSFER -- 10### VANTAGEPOINT TRANSFER -- 10### VERIZON VERIZON VERIZON VERMONT SYSTEMS, INC VOICE MEDIA LLC VOICE PRODUCTS SERVICE, LLC WAGNER CONSTRUCTION WARD COUNTY AUDITOR WARD COUNTY TREASURER WASTE EXPO 2017/PENTON 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 WAY PROPERTIES, LLC WENDY'S WESTERN STEEL AND PLUMBING WESTLIE FORD WESTLIE FORD WESTLIE TRUCK CENTER WESTLIE TRUCK CENTER WHEELER, MARY WHITESELL, STEVE WHITESELL, STEVE WINNELSON WOODS, PATRINA WSI CLAIM XEROX XEROX CORPORATION ZAKIAN, JOHN ZELLNER, ANTHONY & SHANNON KWGO-FM TOTAL: $3,037, 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, Library 6, Auditorium/Recreation 13, Page 4

5 Total Transferred $ 258, ELECTRONIC PAYMENTS AFLAC 26, BCBS 162, Federal Tax Withholding 286, State Income Tax 0 Sales and Use Tax 0 ND State Disbursement 7, Deferred Comp 19, Verendrye Electric 46, Xcel 143, MDU 34, SRT 11, Verizon Credit Card Payments 19, Mass Mutual 137, Credit Card Fees Total 896, Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, APPROVAL OF PAYROLL JANUARY 21, 2018 THROUGH FEBRUARY 17, 2018 APPROVED Alderman Jantzer moved the City Council approve the payroll for the period of January 21, 2018 through February 17, 2018 in the amount of $1,921, Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, PERSONAL APPEARANCES Jon Newman, of 3515 Buckskin Drive NE, read a letter from the homeowners affected by the poor construction of their homes. It stated, I represent the community that was impacted by the poor construction of a builder, and the lack of oversight from the City as they allowed him to build in any manner that was pleasing to him without recourse. We feel had the city held this builder to the state building codes that were adopted by the city, with the responsibility to enforce, these many homes would not have been built in a negligent manner. The city allowed him to continually build by not holding him to the building codes that we as consumers rely so heavily on when purchasing a home. As a community we rely on the building department to ensure that structures meet the applicable building codes, then properly issue a certificate of occupancy. This is the same process that has been implemented all over the country. This certificate certifies and verifies that these homes were in fact, inspected and met the building code. In our situation, these building codes were overlooked and ignored during the construction of these homes. We feel that the city has a responsibility to repair the damage that they allowed to be created. The building department did not ensure the proper inspections were completed, and completed to code, nor did they ensure the building permit and plans complimented each other before the certificate of occupancy was issued, which we all rely so heavily upon as home buyers. Page 5

6 We feel the city has a responsibility to help us now in our time of need, as well as ensure that this does not happen to anyone again. From the meetings that we have had with the city so far, we do not feel that the city cares about our situation. If they did care, action would have been taken by now to fix the problems that the city helped to create, by failing to hold the builder accountable. The city created this problem, and by so doing have placed an unfair burden on us as homeowners to repair the problems with our homes, that should have been caught during inspections, and during the construction of our homes. The city did not take action against the home builder by passing inspections when code was violated, then they issued a certificate of occupancy without properly matching information on the plans and permit If the city had, he would not have impacted the enormous number of homes that he did and we would not be standing before you asking for assistance. It is time for Minot City to take responsibility for this. Any other citizen of North Dakota would have to follow the laws, the city and its employees should not be exempt from following the law, enforcing the code, and protecting the homeowners in Minot. We ask that Minot City do the moral and right thing, regardless of the consequence. Lack of integrity and morality is something the city has been struggling with, please show the citizens and constituents of Minot that Minot truly is a good place to live, where we can hopefully, once again trust our elected officials to represent the people. The republic of the United States of America was created for the people and by the people. No government entity should be immune from liability. We just ask that the city be held to the same laws and standards of responsibility as any of us individuals would be subject to. As the Pledge of Allegiance, that we just recited moments ago states, for Liberty and Justice for All. At this time, we come to the city with solutions. 1. Under the Minot Review Permit & Inspections Guide Chapter 11 Code Compliance Program, the Building official is responsible for the investigation and enforcement of complaints of building code violations. We as homeowners request that a thorough inspection of each home in question be conducted certifying in writing that these homes either meet or do not meet the building code requirements and a solution to repair these issues if any. If there is a claim process, we request all details pertaining to filing a claim to start this process. 2. When it is determined that building codes are not met in any circumstance, the city will take responsibility to repair and correct the code violation at no cost to the homeowner within a time frame agreed upon between the city and homeowner. 3. We also request that the board of appeals be convened to discuss, if in fact, a certificate of occupancy should or should not have been issued after reviewing these findings. 4. The City needs to ensure that this builder is not able to move forward with rezoning his property, building, or selling property until the city has reclaimed all costs associated with the home repairs that are found during inspections from item The City needs to ensure that all contractors go through a certification program that the city will create. This will ensure the builders that work here are competent to follow and build to the current state building code adopted by the city at the time. 6. Look into and obtain possible grants to relieve these unfair burdens. 7. We request at the next city council meeting the city council present the course of action they will take in regard to these requests. MAYOR S REPORT The Mayor listed his recent meetings: February 6 th welcomed the AFGSC CC Conference, February 7 th had dinner and met with representatives from BNSF, February 8 th represented the City at the MADC annual meeting, also on February 8 th spoke at the State of the City event, February attended the Governor s Main Street Initiative meetings in Bismarck, February 14 th was on the Good Talk pod show, February 20 th represented the City at the 5 th Bomb Wing annual awards banquet, February 28 th along with Task Force 21 met with senior executives from Northrup Grumman, March 2 nd celebrated Dr. Seuss birthday by reading to children at Main Street Books, and on March 2 nd represented the City at the MAFB Prairie Warrior auction. He also had numerous meetings regarding the Mayor s Committee On Addiction. CITY MANAGER S REPORT The City Manager announced upcoming important dates including, the HUB City testimony in Bismarck on March 8, hosting international visitors in Minot on March 12, working with the IEDC March 12-13, the Main Street Dashboard Data conference in Bismarck March 21, and a MAGIC Fund meeting March 23. The Planning Commission will meet March 26 and Committee of the Whole will meet March 27 and 28. City Offices will be closed March 30 in observance of Good Friday. There is a groundbreaking ceremony for Phase 1 of Flood Protection, scheduled for March 28, 2018 at 1:30 pm at 16 th Street and Forrest Road. Page 6

7 He continued with updates on NDR projects. The Gathering Place is in the process of determining fair market value for the properties involved. All owners have expressed interest in selling except for CP Rail but that should not be an issue. The Multi-Family Housing RFP will be considered later in the agenda but will focus on rehabilitating downtown and working with nonprofits rather than sub-recipient agreements. The City requested a waiver for City Hall but is still awaiting a response from HUD. The Single Family Housing project is focusing on the gap financing program. There will be a three days of meetings with the members of the International Economic Development Corporation (IEDC) March They will meet with multiple stakeholders and organizations involved in economic development in order to develop a comprehensive report on the city s strengths, weaknesses, challenges, opportunities, and strategies. The City Council workshop will take place April 4 th from 12:00 pm until 5:00 pm. This is an opportunity for staff and our elected leaders to discuss vision, engagement, management, and priorities as a group. This will be a public meeting and will be held at the Minot Municipal Auditorium. The workshop will focus on the areas of personnel management, recruitment and retention challenges, employee pay plan, health care and pension as well as budget priorities for The HUB City discussion will continue on March 8 th in Bismarck. City staff are telling the story of how Minot has been impacted by oil and gas and are reengaging the conversation for HUB City funding. He used a graph to demonstrate how the population change in Minot has not been proportional to the amount of HUB City funding received and said that the City of Minot is working to earn our fair share. The City Manager described some of the updates that have been done to the Council Chambers. A ramp has been added for ADA accessibility. New cameras and audio system improved the quality of broadcasting meetings. There is a system available for hearing assistance and a new podium will be installed prior to the April meeting. The updates totaled about $70,000 which was paid for through funding from the Community Facilities fund. Mr. Barry then announced promotions and awards in the Police Department. Senior Officer Greg Johnson was promoted to Sergeant. Senior Officer Ross Lakoduk received the Officer of the Year Award and Lead Dispatcher Sean Christie received the Employee of the Year Award. He concluded his report with an update on the Community Development Director position. He said, we are using internal resources first and have posted the job on several different sites including APA, APWA, ICMA, Governmentjobs.com, Job Service, South Dakota League of Cities, Montana League of Cities, Facebook and the City website. A few applications have already been submitted but if a successful candidate is not found, staff may request approval to use a head hunter to fill the position. Alderman Straight offered the assistance of the City Council in any legislative efforts that would help with HUB City funding. The Mayor commented that Senator Wardner from Dickinson has been very supportive of Minot and when putting these meetings together was cognizant not to cut Minot out of participating. CITY ATTORNEY S REPORT The City Attorney submitted a written report. MAGIC FUND ANNUAL COMPLIANCE REPORT FOR 2017 Mr. Zimmerman came before the City Council to respond to any questions on the MAGIC Fund Annual Compliance Report. There being none the Council moved on. ORDINANCE NO ANNEX INTO CITY LIMITS AN UNPLATTED PORTION OF THE SW¼SW¼ SECTION FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to annex into city limits an unplatted portion of the SW¼SW¼ Section Motion seconded by Alderman Sipma and carried unanimously. Page 7

8 Alderman Jantzer 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, SUBDIVISION OF BEL AIR COMMONS, LOTS 1 & 2 APPROVED Alderman Jantzer moved the City Council approve an application by Merit Development, Phil Handley, to subdivide Bel Air Twinhomes 2nd Addition, Lot 1 and a portion of vacated 5th Ave NW and the remaining unplatted portion of the SW¼SW¼, Section into 2 lots to be known as Bel Air Commons, Lots 1 & 2. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, ORDINANCE NO CHANGE THE ZONE FROM C1 DISTRICT AND AG DISTRICT TO C1 DISTRICT ON BEL AIR COMMONS, LOT 2 FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to change the zone from C1 (Neighborhood Commercial) District and AG (Agricultural) District to C1 (Neighborhood Commercial) District on Bel Air Commons, Lot 2. Motion seconded by Alderman Sipma and carried unanimously Alderman Jantzer 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, ORDINANCE NO CHANGE THE ZONE FROM C1 DISTRICT AND AG DISTRICT TO P (PUBLIC) DISTRICT ON PROPOSED BEL AIR COMMONS, LOT 1 FIRST READING APPROVED Alderman Jantzer moved the City Council place ordinance no on first reading to change the zone from C1 (Neighborhood Commercial) District and AG (Agricultural) District to P (Public) District on Bel Air Commons, Lot 1. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer 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, RESOLUTION NO AMEND THE FUTURE LAND USE MAP FROM THE DESIGNATION OF LOW DENSITY RESIDENTIAL TO CONCEPTUAL GREENWAY ON BEL AIR COMMONS, LOT 1 AND TO COMMERCIAL ON BEL AIR COMMONS, LOT 2 APPROVED Alderman Jantzer moved the City Council adopt resolution no to amend the Future Land Use Map from the designation of Low Density Residential to Conceptual Greenway on proposed Bel Air Commons, Lot 1 and to Commercial on Bel Air Commons, Lot 2. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, RESOLUTION NO CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT DISPLAYING BOATS, ATVS, AND UTVS ON LOTS 11-16, SUBDIVISION OF OUTLOT 22, SECTION APPROVED Alderman Jantzer moved the City Council adopt resolution no for a Conditional Use Permit to allow an open sales lot displaying boats, ATVs, and UTVs on Lots 11-16, Subdivision of Outlot 22, Section Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, RESOLUTION NO CONDITIONAL USE PERMIT TO ENLARGE A DAYCARE FROM THE ALLOWED 18 CHILDREN PLUS STAFF TO 22 CHILDREN PLUS STAFF ON BODIEN S SUBDIVISION OF LOTS 4-7, S½ LOT 8 & S½ LOT 3, BLOCK 3, HOMES ACRES ADDITION, BLOCK 2, LOT 3 APPROVED Page 8

9 Alderman Straight moved the City Council adopt resolution no to approve an application by Jennifer and Greg Combs for a Conditional Use Permit to enlarge the daycare in their home from the allowed 18 children plus staff to 22 children plus staff on Bodien s Subdivision of Lots 4-7, S½ Lot 8 & S½ Lot 3, Block 3, Homes Acres Addition, Block 2, Lot 3. Motion seconded by Alderman Sipma. Alderman Wolsky asked the Fire Chief if she had an opportunity to review the request and if she believes there are any issues. Chief Flermoen responded by saying, the State is the licensing agency and as long as it is approved by the State the Fire Department does not have a determination in the matter. Alderman Straight said, the dispute with the application seemed to be a neighborhood disagreement. The State allows 30 children in a home daycare but he is concerned about the effect that has on the neighborhood when it comes to parking concerns and the safety of the children. Greg Combs, presented a letter from Ward County Social Service Board, recommending approval of the request. Upon questioning by Alderman Straight, Jennifer Combs said, she is licensed for 18 children and is currently overstaffed. She said, there is one child who is in and out of her daycare due to issues with her parents and their drug use. The State licensor requested she increase the number of children allowed under her care to accommodate the additional child. She does not want to take on more children but requested the increase to 22 because the number of staff required wouldn t change. She said, she has four full time staff members regardless of how many children are there. She has been licensed for over 25 years and wishes to continue to provide quality care. The purpose of the request is to provide some consistency for the child involved. The Mayor commented, since he has been involved with the Mayor s Committee On Addiction, he has become sensitized to these issues and understands that quite often, it is the children who suffer. He thanked Mr. and Mrs. Combs for their help. Alderman Olson said she understands how important daycare is in our community and whenever we can support our daycare providers, we need to do so. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SOUTHWEST CROSSING PARTNERS SEND APPLICATION FOR A VARIANCE TO THE PAVING REQUIREMENT BACK TO PLANNING COMMISSION APPROVED Alderman Jantzer moved the City Council request the Planning Commission reconsider an application by Southwest Crossing Partners, Jerome Kuechle, for a variance to the paving requirement to allow approximately 350 lineal feet of asphalt milling, as an interim parking lot surfacing until permanent paving can be installed, on Southwest Crossing Addition, Block 1, Lot 2. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, AUDITORIUM SEATING FINAL PAYMENT REQUEST (REC030) APPROVED Alderman Sipma moved the City Council approve Final Payment of $9, to SP&E, Inc. for Auditorium Seating. ELECTRICAL ENGINEERING - AUDITORIUM LIGHT REPLACEMENT APPROVED Alderman Sipma moved the City Council award the Engineering Service contract to Prairie Engineering for the removal of (543) T-12 Lights, at the Auditorium complex, and installation of a new LED lighting system. Page 9

10 CDBG-DR/NDR DEMOLITION BID AUTHORIZATION APPROVED Alderman Sipma moved the City Council authorize staff to issue a demolition bid for 2018 buyout acquisitions with structures deemed to require demolition with funding from the CDBG-NDR grant. 36TH AVENUE NW EXTENSION TO BROADWAY FINAL PAYMENT (4071) APPROVED Alderman Sipma moved the City Council approve the final payment of $183, be paid to Keller Paving and Landscaping for 36th Ave NW Extension to Broadway. AWARD OF ARCHITECTURAL SERVICES - NEW MULTI-PURPOSE AUDITORIUM FLOOR APPROVED Alderman Sipma moved the City Council award the Architectural Service contract to EAPC for the removal and replacement of a multi-purpose floor in the Main Arena of the Auditorium. HHW AND E-WASTE COLLECTION (4342) APPROVED Alderman Sipma moved the City Council award the bid to Clean Harbors Environmental for HHW and Kalix for E-Waste for the collection contracts. PURCHASE OF HEAVY DUTY LOW FLOOR BUS (4344) APPROVED Alderman Sipma moved the City Council approve the purchase of a 2018 Eldorado National-California EZ-Rider II Low Floor Heavy Duty Bus and authorize the Public Works Director to sign the purchase order and any other associated forms for this purchase. APPROVE CDBG-NDR MULTI-FAMILY REHABILITATION RFP APPROVED Alderman Sipma moved the City Council approve a CDBG-NDR RFP for rehabilitation of multi-family housing units for low and moderate income residents. APPROVAL OF CDBG-DR ALLOCATION #1 TECHNICAL AMENDMENT #14 APPROVED Page 10

11 Alderman Sipma moved the City Council authorize staff to submit a Technical Amendment for CDBG-DR Allocation #1 shifting unused funds of $1,584,407 to the Northern Sewer Project to complete the final phase. CDBG-DR ALLOCATION #1 SUBSTANTIAL AMENDMENT #15 APPROVED Alderman Sipma moved the City Council City Council authorize staff to proceed with the HUD process for CDBG-DR Allocation #1 Substantial Amendment #15 to address blighted homes and to create a revolving loan program for downtown and adjacent businesses. TABLE THE RECOMMENDATION - NDR SINGLE FAMILY HOME BUILDABLE LOT RFP APPROVED Alderman Sipma moved the City Council table the recommendation from the Technical Review Committee for the NDR Single Family Home Buildable Lot RFP. NEIGHBOR NEXT DOOR LOT SALE PROGRAM APPROVED Alderman Sipma moved the City Council approve a Neighbor Next Door Lot sale program with properties acquired by the city because of flood damaged homes and not needed for flood mitigation measures to be offered for sale contiguous homeowners. AUTHORIZING RESOLUTION TO APPLY FOR NDDOT SECTION 5311 TRANSIT OPERATING GRANT APPROVED Alderman Podrygula moved the City Council approve the Authorizing Resolution to Apply for NDDOT Section 5311 Transit Operating Grant. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, RENEWAL OF BUS ADVERTISING CONTRACT WITH ZZ FOOD GROUP LLC, DBA JL BEERS APPROVED Alderman Podrygula moved the City Council approve the renewal of a three (3) year advertising agreement with ZZ Food Group, LLC dba J.L. Beers to advertise on the sides of one transit bus and authorize the Mayor to sign the contract on behalf of the City. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, CITY OF MINOT EQUIPMENT RENTAL RATES APPROVED Alderman Podrygula moved the City Council approve City of Minot equipment rental rates for Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Page 11

12 RETAIL BEER AND WINE LICENSE WITH ROOM COFFEE, LLC DBA WITH ROOM COFFEE APPROVED Alderman Podrygula moved the City Council approve the request from With Room Coffee, LLC for a Specialty Restaurant Beer and Wine license operating at 400 E Central, Suite 103 subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SUBMIT CENSUS TRACT TO GOVERNOR FOR OPPORTUNITY ZONE DESIGNATION APPROVED Alderman Podrygula moved the City Council authorize staff to submit the downtown census tract (Census Tract ) to the Governor for Opportunity Zone Designation. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SCBA BID ACCEPTANCE (FD0067) APPROVED Alderman Olson moved the City Council award the bid for the Self Contained Breathing Apparatus (SCBA) to Grand Forks Fire Equipment/MSA in the amount of $298, Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, SCBA COMPRESSOR BID ACCEPTANCE (FD0068) APPROVED Alderman Jantzer moved the City Council reject the bids for the Self Contained Breathing Apparatus (SCBA) Air Compressor and authorize the Fire Chief to rebid the purchase with revised bid specifications. Motion seconded by Alderman Straight. Upon questioning by Alderman Sipma, the Fire Chief said, the bid specifications will request a four stage compressor rather than a five stage, which will still accomplish what they need but should be within budget. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, STATION 3 REMODEL PROJECT BID ACCEPTANCE APPROVED Alderman Sipma moved the City Council award the bid to Hight Construction, LLC in the amount of $1,163,625 for the Fire Station 3 Remodel. Motion seconded by Alderman Jantzer. Alderman Sipma asked if there has been any communication with the FAA regarding funding. The Fire Chief responded by saying, they received a preliminary percentage of support which came back at 63.3%. The Airport Director had planned on 50% FAA funding so it looks good so far but it is not confirmed yet. The awards will be made in September. 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, Podrygula, FIRE DEPARTMENT TRAINING OFFICER POSITION APPROVED Page 12

13 Alderman Olson moved the City Council allow the Fire Department to move forward with the creation of a Fire Department Training Officer position. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, 2018 STREET PATCHING AWARD OF BID MINOT PAVING COMPANY (4309) FAILED Alderman Sipma moved the City Council award the bid to Minot Paving Co. in the amount of $419, for the 2018 Street Patching Project. Motion seconded by Alderman Straight. Dustin Keller and Justin Thurn from Keller Paving and Landscaping, came forward in opposition of the recommendations for the 2018 Street Patching Project and the 2018 Sidewalk, Curb and Gutter Project. Mr. Keller explained, these projects are the type of work they regularly do and that is why they can save the taxpayers $90,000 on street patching and $25,000 on sidewalk, curb and gutter. They used last year s pricing to develop their bids without lowballing or posturing for any change orders. They completed the project for street patching in 2016 and City staff was even able to add additional work as the budget allowed. He said, they understand the delays and damages from past projects are being considered but those were multi-stage projects utilizing millions of dollars and liquidated damages have only followed a small number of Keller s projects. Awarding the bid to Keller Paving would save the taxpayers $115,000 between the two projects. Liquidated damages, when paid are intended to make the contract holder whole after the project is complete and he believes they are being unjustly penalized two times over. He explained in an to the Council members, the projects they have worked on for the City over the past few years and highlighted the projects where liquidated damages occurred. They believe contractors should be held accountable with liquidated damages and at Keller they are accountable. He said, they felt blindsided by staff s recommendation and believe their bid should be accepted because it was opened. During a conversation with the City Engineer, he told them he believes they are capable of doing this work but in order to maintain consistency, he will not be recommending any prime contracts to Keller in He explained that Minot calls on Keller Paving for miscellaneous patching, paving, snow removal and other tasks. He described some of the unforeseen issues that resulted in delays on the downtown infrastructure project and the 36 th Avenue NW project. They dealt with the issues as they arose and absorbed the liquidated damages associated with those issues. The database of previous work performance has been requested by the City Council and by Keller Paving. Since it does not exist yet Keller Paving should not be punished when City Council does not know how other contractors compare to Keller Paving. Alderman Wolsky asked them to describe their process when a subcontractor underperforms. Mr. Thurn said, on the 36 th Avenue project, they had to hire another contractor to complete the work. However, it is hard to find another contractor during the season. Alderman Sipma stated, the delays on the downtown project echoed economically and he emphasized the need for a performance database to make sure the low bid matches the work performed. Mr. Thurn responded by saying, they have done the street patching project in the past and are asking to complete the same project again. He said larger projects may have to be considered on a case by case basis. Reed Soderstrom, representing Keller Paving, distributed a handout to the Council. He said, North Dakota Century Code states, At the time and place specified in the notice, a governing body or its designated agent shall open publicly and read aloud each responsible bid received. He said, the fact that Keller s bid was opened establishes they are a responsible bidder. He described some of the work Keller has done for the community including helping during the flood, emergency street patching and snow removal. He said he believes Keller is the responsible bidder and should be awarded the bid on behalf of the taxpayers. Upon questioning by Alderman Jantzer, Mr. Thurn said there would be one subcontractor used for the curb and gutter project; Flores Concrete, which the City has used multiple times. Upon request for clarification on Mr. Soderstrom s comments, the Assistant City Attorney said, a designated agent was responsible for opening the bids. While it does state a responsive bidder should meet submission specifications, the language of the notice gives the governing body the authority to determine the lowest responsible bidder. The governing body may involve the elements of ability, capacity, reputation and experience when determining the lowest responsible bidder. Page 13

14 The City Engineer responded to questioning about a contractor performance database by saying, until recently all of the information was by memory. He compiled the relevant information from the past few years for the purpose of the memo. He said, despite the differences between a major project like downtown and a simple project like street patching, when reviewing bids, they look at whether the contractor can perform the work and if they have the management capabilities to manage subcontractors and contracts over and over. From a staff standpoint, a company is either a responsible bidder or they re not. They don t pick and choose whether they are a responsible bidder in one situation and not in another. Staff s recommendation to choose the second lowest bidder was based on that determination, knowing that the City Council has the final authority. Alderman Podrygula commented on the projects that were significantly behind schedule and asked if the obstacles were under Keller s control. Mr. Meyer gave an example of a project that ran into similar issues but in order to meet contract times they found other contractors to complete the work. The job of the general contractor is to bring in the resources necessary to keep a job on track. The City Engineer said the second low bidders in this case have not had any liquidated damage issues. Minot Paving recently completed the downtown alley project on time. They have also been subcontractors for other general contractor on city projects and have not had any problems. Upon questioning by Alderman Olson, Mr. Meyer said, there is no official blacklist so if a bid is responsive, which means it meets all the qualifications to open the bid, we have to do that. Once staff analyzes the bid, they look at what is responsible according to the bidding documents. If there were still projects to bid in 2018, his recommendation would still hold. The following year is to be determined. What they want to get across to the contractor is that they need to do some work internally to ensure this type of issues doesn t affect the City and its citizens. The Council expressed their opinions that the discussion has sent a message to contractors. They got their point across that they are looking for more than just the lowest price and expect consistency from work provided or there will be consequences. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Straight and failed by the following roll call vote: ayes: Olson, Sipma; nays: Barney, Jantzer, Podrygula, Straight, Wolsky STREET PATCHING AWARD OF BID KELLER PAVING & LANDSCAPING (4309) APPROVED Alderman Jantzer moved the City Council award the bid to Keller Paving & Landscaping in the amount of $328, for the 2018 Street Patching Project. Motion seconded by Alderman Wolsky. Alderman Straight said, he appreciates the City Engineer for bringing these issues to the attention of the Council and believes they have made their point to contractors that they will be held accountable for their performance. He said, it is in the best interest of the community to award the bid to Keller Paving. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky; nays: Sipma STREET SEAL DISTRICT AWARD OF BID (4310) APPROVED Alderman Sipma moved the City Council award the bid to Asphalt Surface Technologies Corporation for the total bid of $937, for the 2018 Street Seal Project and authorize the Mayor to sign the contract SIDEWALK, CURB AND GUTTER AWARD OF BID- KELLER PAVING & LANDSCAPING (4311) APPROVED Page 14