EXECUTIVE SESSION

Minot vs. D&S Rentals II, LLC (Eminent Domain) - Pursuant to Authority of N.D.C.C. 44-04-19.1(9), and N.D.C.C. 44-04-19.2, the City Council may hold an executive session for (1) an attorney consultation on an action of the public entity which, if held in public would have an adverse fiscal effect on the entity and/or (2) to discuss negotiating strategy and/or provide negotiating instructions to its attorneys and other negotiators.  The topic of discussion in this executive session will be the Minot vs. D&S Rentals II, LLC (Eminent Domain), which is currently being negotiated and discussion in an open meeting would have an adverse fiscal effect on the bargaining position of the City.

It is recommended the City Council confirm the following appointment:

1. Jason Hunze to another term on the Electrical Appeals Board with a term to expire February 2024.
2. Pat Bailey to another term on the Renaissance Zone Review Bard with a term to expire January 2025.

It is recommended the City Council approve the minutes of the January 18, 2022 Regular City Council meeting and the minutes of the January 26, 2022 Special City Council Meeting with Senator Hoeven.

It is recommended the City Council approve payroll for the period of December 19, 2022 through January 15, 2022 in the amount of $2,216,691.97 and bills and transfers for January in the amount of $6,012,625.75.

It is recommended the City Council approve the Administrative Approvals.

The flollowing Ordinances should be considered for second reading:

1. Ordinance No. 5694 - Amending 2022 Budget - Stevens Welding Community Match
2. Ordinance No. 5695 - Amending 2022 Budget - Police Part-Time Clerk
3. Ordinance No. 5696 - Amending 2022 Budget - New Sundre Acquifer Well
4. Ordinance No. 5697 - Amending 2022 Budget - Landfill Transfer Station
5. Ordinance No. 5698 - Amending 2021 Budget - 24th St. Water-Sanitary Sewer Rehab
6. Ordinance No. 5699 - Amending 2021 Budget - Landfill Transfer Station

Presented by Mikayla McWilliams

The City received a request from Guilty Sweets, LLC for a Retail Beer & Wine license operating at 3 1st St SE #2.  All documentation has been submitted and inspections relating to the proposed premises have been approved by the Police Chief, Building Official, and Fire Marshall.

RECOMMENDED ACTION

It is recommended the City Council approve the Retail Beer & Wine license for Guilty Sweets, LLC dba Guilty Sweets operating at 3 1st St SE #2 , Minot.

Presented by Mikayla McWilliams

The City received a request from Taco Hub Specialties, LLC for a Specialty Restaurant Beer & Wine license operating at 2400 10th St SW.  All documentation has been submitted and inspections relating to the proposed premises have been approved by the Police Chief, Building Official, and Fire Marshall.

RECOMMENDED ACTION

It is recommended the City Council approve the Specialty Restaurant Beer & Wine license for Taco Hub Specialties, LLC dba Taco Feliz No 2 operating at 2400 10th St SW Space 332, Minot.

Presented by Mikayla McWilliams

Site approval by the City Council is required as a precondition to obtain a state games of chance license.  Each organization submits documentation annually in order to conduct games of chance at locations throughout the City of Minot. 

The site authorization is granted on a fiscal year basis.  If the City Council approves the request, the site authorization will be valid through June 30, 2022.

RECOMMENED ACTION

It is recommended the City Council approve the gaming site authorization for Prairie Grit Adaptive Sports to hold a raffle at Sammy’s Pizza (400 N Broadway).

Presented by David Lakefield

Section 21-04-11 of the North Dakota Century code requires securities pledged for deposits by banking institutions be approved by the City Council annually.  Staff recommends approval of the attached list.

RECOMMENDED ACTION

1. It is recommended the City Council approve the Pledged Assets as of 12/31/2021.

Presented by Jason Sorenson, Assistant Public Works Director

As part of the MI-5 flood control project, the Souris River Joint Board purchased two 60’ x 200’ pole buildings.  Public Works staff toured the buildings and budgeted funds in 2021 to relocate one of the buildings to the Public Works facility.  All items for this project have now been completed.

RECOMMENDED ACTION

1.    It is recommended City Council authorize the final payment to Huwe the Housemover, Inc. in the amount of $10,000.00.

Presented by Jason Sorenson, Assistant Public Works Director

Over the past few years, the Street Department has taken on more and more lots to maintain from flood control acquisitions.  In addition, they maintain miles of existing levees and riverbanks, storm water ponds, and right of way.  Some of these areas are difficult to maintain due to steep banks, rough terrain, or standing water.  

On January 26, 2022, bids were opened for a remote controlled mower.  One bid was received from Sanitation Products.

RECOMMENDED ACTION

1.      It is recommended City Council award the bid to Sanitation Products, Inc. in the amount of $59,670.00 for the remote-control mower.

Presented by Jason Sorenson, Assistant Public Works Director

Each year the City holds household hazardous waste and electronic waste collection events.  This helps us divert thousands of pounds of hazardous waste and electronic waste from our landfill.

On January 27, 2022, bids were received for the collection and disposal of our yearly household hazardous waste (HHW) and Electronic (E-Waste) collection events. This contract is bid for a two (2) year collection term. There were two bidders, and the tabulation is as follows:

Bidder                                          Collection            Bid Price        

Clean Harbors Environmental         HHW                  $45,864.28 per event

North Dakota E-waste, LLC            E-waste              $9,550.00 per event

RECOMMENDED ACTION

1. It is recommended City Council award the bid to Clean Harbors Environmental for HHW and ND E-Waste LLC for e-waste for the 2022-2023 collection contracts. 
2. Authorize the Mayor to sign contracts on behalf of the city.

Presented by Dan Jonasson

As part of the MI-5 alignment project. The SRJB has agreed to relocate a 60 x 200 foot building that was acquired out to the Public Works facility for use in storing flood control closures and flood control related equipment .Bids were received and are provided for Council approval.

RECOMMENDED ACTION

1. Recommend approval of award to Huwe the House Mover for relocation of a building in the amount of $154,500.
2. Recommend approval of award to the SRJB.

Presented by Emily Berg

The property located at 1901 S Broadway Minot, ND was conveyed to City of Minot on May 11, 2021 from Lighthouse Management Group, Inc. as the designated receiver of the property due to Lutheran Social Services Housing filing for bankruptcy. This property is the location of the planned Family Homeless Shelter project as well as the Broadway Circle LMI housing project. The family homeless shelter will contain six units of transitional housing, commercial kitchen, and local food pantry while Broadway Circle will contain seventeen units of LMI housing. On September 7, 2021 City Council approved subrecipient agreements with Project BEE to take over management of these two projects. In the subrecipient agreements with Project BEE there is a provision that City of Minot will convey title to the property to Project BEE upon signature of the agreements.

RECOMMENDED ACTION

1. City Council authorize Mayor & City Clerk to sign quit claim deed for 1901 S Broadway conveying property to Project BEE.
2. City Council authorize City of Minot Finance Department to file signed & notarized quit claim deed for 1901 S Broadway with Ward County.

Presented by David Lakefield

The City/SRJB was awarded $9,840,892 from the U.S. Department of Defense Office of Local Defense Community Cooperation for the construction of Phase MI-5D of the Mouse River Enhanced Flood Protection Project.  The SRJB is the contract holder for the project and the funds will be passed through to the SRJB via the subrecipient agreement.

RECOMMENDED ACTION

1. The recommendation is to approve the Subrecipient Agreement with the Souris River Joint Board for the DCIP grant for Phase MI-5D of the Mouse River Enhanced Flood Protection Project and authorize the Mayor and Finance Director to sign any necessary documents.

Presented by Kelly Hendershot

At the January 18, 2022 regular City Council meeting, the City Council unanimously approved a five-year business incentive agreement between the City of Minot and LPND1, LLC, which established that the City of Minot would provide a $1,565,000 forgivable loan to LPND1, LLC, to be used to exercise its option to purchase real property, under the terms of a 2009 lease agreement, for an intermodal facility. In exchange, LPND1, LLC would guarantee full time, continuous operation of the intermodal facility for the five-year term and would create full-time jobs during the five-year term as described in the agreement. 

RECOMMENDED ACTION:

1. Approve the attached Business Incentive Agreement, with exhibits, between the City of Minot and LPND1, LLC.

Presented by Jennifer Eckman and Lisa Jundt

Recent analysis of job descriptions and duties at the Airport have determined a significant disparity between the duties presently indicated for the Airport Services Coordinator, and the actual duties performed. Performance and responsibility expectations point to this position being revised and reclassified entirely to resolve current inequities. A new job description and grade classification is being proposed for an Airport Business and Development Manager to resolve this issue. 

Recommend approval for classification and job description of the Airport Business and Development Manager.

Presented by Maria Romanick

The Airport has an LOA in place outlining the responsibilities and procedures that the parties must consider during emergency response situations.

RECOMMENDED ACTION

1. It is recommended the City Council approve the updated Letter of Agreement (LOA) between the Minot International Airport, Magic City Tower (Tower), Minot Central Dispatch, and Minot Fire Department to include language authorizing Minot Fire Department to monitor radio communications when Tower is closed outside of normal hours; and
2. Authorize the Mayor to sign any applicable documentation. 

Presented by Maria Romanick

The Airport has an LOA in place outlining the responsibilities and procedures that the parties must consider when accessing, operating within, and exiting the RSA.  

RECOMMENDED ACTION

1. It is rommended the City Council approve the updated Letter of Agreement (LOA) between the Minot International Airport, Midwest-Minot ATCT, and Northwest Dakota System Support Center (NW DAK SSC)/Technical Operations (Tech Ops) to include language authorizing operational activity within runway safety areas (RSA) under certain conditions; and
2. Authorize the Mayor to sign any applicable documentation. 

Presented by Stephen Joersz

This is the annual maintenance project to stripe pavement markings throughout the City’s streets. This project maintains all pavement markings on all of the City of Minot roads. Work for this project will take place during two rounds throughout the City of Minot. The first round will be completed by July 1, 2022 with the second round completed on or before September 23, 2022. 

RECOMMENDED ACTION

1.  It is recommended the City Council award the bid for the 2022 Pavement Markings Project to the low bidder, West River Striping Company, in the amount of $224,815.21. 
2. Authorize the Mayor to sign the Agreement for the project. 

Presented by Mikayla McWilliams

Attached is a proposed resolution naming the Inspector, fixing the polling site and setting the times the polls shall remain open for the State Primary to be held in the City of Minot, ND on June 14, 2022 and the State General Election to be held in the City of Minot, ND on November 8, 2022.

RECOMMEDED ACTION

It is recommended the City Council adopt a resolution naming the inspector, fixing the polling place and setting the hours for the June 14, 2022 Primary Election and the November 8, 2022 General Election.

Presented by Jason Sorenson, Assistant Public Works Director

On January 4, 2022, the Public Works Department opened bids for pickups for multiple departments.  One bid was received from Westlie Motor Company.

RECOMMENDED ACTION

1.    It is recommended City Council award the bid to Westlie Motor Company as follows:

•             Street Department       (2) ¾-ton 4x4 extended cab                                   $91,000.00
•             Sewer Department       ½-ton 4x4 supercab                                               $47,030.00    
•             Sewer Department       ½-ton 4x4 extended cab                                        $44,685.00
•             Water Department        (3) ¾-ton 4x4 extended cab with service body    $198,765.00
•             Storm Sewer                 1-ton 4x4 regular cab with service body              $61,735.00

2.    It is also recommended City Council approve the budget amendments for each department to cover the shortfall.

Presented by Dan Jonasson

Providing flood risk reduction for Minot is large part of the overall Mouse River Plan.  Relocating the raw water well line that currently cross the alignment of the Maple Diversion, will allow the work to proceed in a more efficient manner. Relocating this line and tying into the existing well lines in Oak Park is a more cost effective option than lowering this line as it crosses the Maple Diversion alignment.

RECOMMENDED ACTION

1. It is recommended City Council approve Kemper Construction as the low bidder for the raw water line relocation and forward award approval and recommendation to the SRJB.

Presented by Jonathan Rosenthal

As City staff and Ackerman-Estvold began the Wayfinding Signage project last summer, the NDDOT brought forth a new requirement for wayfinding projects. That is the creation of a Wayfinding Master Plan. A Wayfinding Master Plan is a comprehensive report that specifies general practices, sign designs, placement, and more. This Master Plan was outside of the original project scope, but is a necessary to meet new NDDOT requirements.

Working with Ackerman-Estvold, the Master Plan will require an amendment in the amount of $18,000. 

RECOMMENDED ACTION

1. It is recommended the City Council approve an amendment to the Wayfinding engineering contract with Ackerman-Estvold to create a Wayfinding Master Plan for the North Dakota Department of Transportation (NDDOT). 
2. Approve the budget amendment to fund contract amendment. 

Presented by Jason Sorenson, Assistant Public Works Director

Due to long lead times for waterworks materials, Public Works is requesting authorization to forego normal procurement procedures to preorder all of the necessary valves, fittings and hydrants for 2022 Watermain Replacement.  These materials would be supplied to the contractor once the project is bid and awarded.  This will allow the watermain replacement project to start on time this spring.

RECOMMENDED ACTION

1.    It is recommended City Council authorize Public Works to forego the procurement requirements for a purchase over $50,000 and allow fittings, valves, and hydrants for the 2022 Watermain Replacement project to be purchased using quotes.  

Presented by: Brian Billingsley

Article III of Chapter 25 of the Minot Code of Ordinances was adopted by the Minot City Council on April 18, 1972. The ordinance creates and establishes a Minot Area-Wide Planning Organization, which has been inactive for decades.

RECOMMENDED ACTION

The City/County/Schools/Parks Liaison Committee recommends approval of an ordinance repealing Article III of Chapter 25 of the Minot Code of Ordinances.

Presented by: Stephen Joersz

Bird Scooters provides a scooter-sharing operation as part of a shared transportation service in which electric scooters are made available for short term rentals. Bird Scooters has approached City Minot staff regarding potential business operations within the City of Minot. Bird Scooters proposed a Memorandum of Understanding that would detail Bird’s operation and relationship with the City of Minot. Bird Scooters will provide a brief 10-minute presentation of their product, company and opportunity. From there, staff would like direction on how to proceed with Bird Scooters. 

RECOMMENDED ACTION

1. Staff is seeking a recommendation/direction on how to proceed with Bird Scooters.