City of Minot

Regular City Council Meeting

Monday, April 4, 2022 at 5:30 PM

City Council Chambers, City Hall (515 2nd Ave SW)

             Any person needing special accommodation for the meeting is requested to notify the City Clerk’s office at 857-4752

1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

MAYOR'S REPORT

3.1.

MAYORAL APPOINTMENT

It is recommended the City Council confirm the following appointment:

  1. Rachelle Sian to the Renaissance Zone Review Board for a term to expire December 31, 2024.
3.2.

PROCLAMATION: NATIONAL LIBRARY WEEK

3.3.

PROCLAMATION: TELECOMMUNICATORS WEEK

3.4.

PROCLAMATION: SEXUAL ASSAULT AWARENESS MONTH

4.

CITY MANAGER REPORT

5.

CITY ATTORNEY REPORT

6.

CONSENT ITEMS

6.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of March 21, 2022 Regular City Council meeting.

6.2.

AMENDED CITY COUNCIL MINUTES

It is recommended the City Council approve the amended minutes from the following Regular City Council Meetings.

  1. September 20, 2021
  2. November 15, 2021
  3. December 20, 2021
  4. January 3, 2021
  5. March 7, 2021
6.3.

BILLS, TRANSFERS, AND PAYROLL

It is recommended the City Council approve payroll for the period of February 13, 2022 through March 12, 2022 in the amount of $2,176,951.40 and bills and transfers for March in the amount of $5,236,729.95.

6.4.

ADMINISTRATIVE APPROVALS

It is recommended the City Council approve the Administrative Approvals.

6.5.

ORDINANCES

The following ordinances should be considered for second reading:

  1. Ordinance No. 5717 - Amending 2022 Budget - Airport Landrum Brown Contract
  2. Ordinance No. 5718 - Amending 2022 Budget - Garbage Collection Roll-Off Truck Repair
  3. Ordinance No. 5719 - Rezoning Lots 1 & 2, Bakers Rearrangement
  4. Ordinance No. 5720 - Rezoning Out Lots 4, 6, & 7 of Section 25-155N-83W - "C2" to "C2" with "PUD Overlay"
  5. Ordinance No. 5721 - Text Amendment - Amending the Land Development Ordinance of the City of Minot
6.6.

ANNUAL GAMING SITE AUTHORIZATION - AMERICAN FOUNDATION FOR WILDLIFE

Presented by Mikayla McWilliams and Chief John Klug

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. American Foundation for Wildlife has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the gaming site authorization for the American Foundation for Wildlife to conduct electronic pull tab devices and pull tab dispensing devices at the Landing Bar and Bottle Shop during the license year of July 1, 2022 through June 30, 2023.
6.7.

ANNUAL GAMING SITE AUTHORIZATION - BISHOP RYAN CATHOLIC SCHOOL

Presented by Mikayla McWilliams and Chief John Klug

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. Bishop Ryan Catholic School has submitted documentation and received approval from the Police Chief.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the gaming site authorization for the Bishop Ryan Catholic School to conduct raffles at Bishop Ryan Catholic School during the license year of July 1, 2022 through June 30, 2023.
6.8.

MINOR PLAT: LOGISTICS PARK OF NORTH DAKOTA FIRST ADDITION

Presented by Brian Billingsley

John McMartin of the Minot Area Chamber Economic Development Corp., representing the City of Minot, property owner, requests a minor subdivision plat for the Logistics Park of North Dakota First Addition be approved to facilitate the reconfiguration of property boundaries

RECOMMENDED ACTION

It is recommended the City Council approve a minor subdivision plat as provided in Attachment A to create the Logistics Park of North Dakota First Addition, being a replat of Outlots 80, 81, and 83, of the NW 1/4  of Section 21, Township 155 North, Range 82 West, Ward County North Dakota.   

6.9.

MAJOR SUBDIVISION FINAL PLAT: LARSON'S SUBDIVISION

Presented by Brian Billingsley

Jim Alber of Moore Engineering, representing Steve Larson, property owner, requests a major subdivision final plat for the Larson’s subdivision be approved to facilitate the division of the farmstead from parent parcel.

RECOMMENDED ACTION

It is recommended the City Council approve a major subdivision final plat as provided in Attachment A to create Larson's Subdivision Addition, being a plat of the SE 1/4 of Section 30, Township 156 North, Range 82 West, Ward County, North Dakota.   

6.10.

2022 PAVEMENT MANAGEMENT PLAN – CONSULTANT SELECTION (4680)

Presented by Lance Meyer

The project will include data collection for the City of Minot’s entire pavement network. The network consists of approximately 250 centerline miles or 540 lane miles of roads, which include 61 centerline miles of arterial streets, 33.5 miles of collector streets, and 155.5 centerline miles of local streets in Minot. This data will be summarized in a report noting the condition of the pavement. The consultant will also update our network data in PAVER, allowing staff to use this data for the next 3-5 years. 

RECOMMENDED ACTION

  1. It is recommended the City Council select Infrastructure Management Services to perform all consulting services for this project; 
  2. Authorize the City Engineer to negotiate a scope and fee for services; and
  3. Authorize the Mayor to sign the contract. 
6.11.

2022 SANITARY SEWER REHAB AWARD OF BID (CITY PROJECT NO. 4633)

Presented by Jason Sorenson, Assistant Public Works Director

Each year, the Sewer Department budgets funds for sewer main replacement in areas where old sewer mains are in poor condition.  On Tuesday, March 15, 2022, bids were opened for the 2022 Sanitary Sewer Rehab Project. Below is a copy of the bid tabulation:   

Bidder                                                            Total Bid

Insituform Tech. USA LLC                           $602,377.90

S.J. Louis Construction, Inc.                       $671,975.00

RECOMMENDED ACTION

  1. It is recommended the City Council award the bid for the 2022 Sanitary Sewer Rehab Project to Insituform Technologies USA, LLC for the lowest bid of $602,377.90; and
  2. Authorize the mayor to sign contract documents on behalf of the City.


6.12.

2022 STREET IMPROVEMENT – CONTRACT 2 – AWARD OF BID (4623.2)

Presented by Lance Meyer

This is the annual maintenance project to repair and rehabilitate streets that are showing moderate to severe pavement distresses. Mill and overlays, leveling, cement stabilized base, asphalt reconstruction, and other treatments to distressed streets will improve ride and safety, and increase the pavement life.

RECOMMENDED ACTION

  1. It is recommended the City Council award the bid for the 2022 Street Improvement - Contract 2 to the low bidder, Minot Paving Co., Inc. in the amount of $1,459,521.90; 
  2. Approve the Budget Amendment ordinance on first reading; and 
  3. Authorize the Mayor to sign the Agreement.
6.13.

APPROVE SECOND AMENDMENT TO SUB-RECIPIENT AGREEMENT WITH PROJECT BEE FOR FAMILY HOMELESS SHELTER PROJECT

Presented by Emily Berg

One of the foremost critical needs identified as an outcome of community assessment post 2011 flood was lack of shelter for homeless families.  It has been one of the key priorities because no such facility presently exists in Minot or the nearby region. In NDR Substantial Amendment 7, which was approved by City Council January 18 for public comment and approved by HUD March 23, $306,675 was reallocated from the Vulnerable Populations Planning Study to the Family Homeless Shelter Project. The coordinated effort among the groups in Minot with representation of vulnerable populations in bringing to fruition the Family Homeless Shelter project and commercial kitchen/food pantry has resulted in it being more appropriate and effective in the use of the Planning funds for the Vulnerable Population Action Plan in support of the commercial kitchen/food pantry component of the Family Homeless Shelter Project. This reallocation of funds is a combined recognition of the increased importance of this component of the Family Homeless Shelter project in serving the needs of Minot’s most vulnerable residents as well as the increased costs of construction resulting from the Covid-19 pandemic. As part of the efforts to bring this project to fruition before, during, and after Lutheran Social Services ceased operations, numerous local groups representing vulnerable populations in Minot joined together to support the Family Homeless Shelter Project to ensure successful completion. Many of these groups already worked in coordination to serve the vulnerable populations within our region in different capacities; and it was as a result of this coordinated effort funding to complete the Family Homeless Shelter was the most critical need of our community. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve second amendment to sub-recipient agreement with Project BEE authorizing an additional $306,675 in NDR funding towards the Family Homeless Shelter project.
6.14.

BURDICK EXPRESSWAY VIADUCT IMPROVEMENTS CPM AGREEMENT (4563)

Presented by Lance Meyer

Burdick Expressway viaduct was constructed in 1979 and is in need of a rehabilitation. The project will be funded with federal funds. Thus, the NDDOT requires the City to sign a CPM agreement with the NDDOT. 

RECOMMENDED ACTION

  1. It is recommended the City Council approve the Cost Participation and Maintenance (CPM) agreement with the NDDOT; and
  2. Authorize the Mayor to sign the agreement.
6.15.

2019 STATE HOMELAND SECURITY GRANT (SHSG) FUNDS- (2020300001/FD0105)

Presented by Chief Kelli Kronschnabel

Minot Fire Department was awarded funding for the FY2019 State Homeland Security Grant. The awarding agency has requested that we spend the funds that were unused at the end of the original grant period and therefore not encumbered into FY2022.

RECOMMENDED ACTION

It is recommended the City Council amend the 2022 Annual Budget to increase general fund and equipment funds and revenues and expenditures for unused FY2019 State Homeland Security Grant funds.

6.16.

NDDES 2021 STATE HOMELAND SECURITY GRANT (2022300003/FD0118)

Presented by Chief Kelli Kronschnabel

The Minot Fire Department Regional Response Team has applied for the NDDES 2022 State Homeland Security Grant. Minot Fire Department has been awarded a 2022 SHSG grant. These funds are used for equipment purchases, equipment maintenance, and training for the Regional Response Teams. 

RECOMMENDED ACTION

  1. It is recommended the City Council provide authorization to accept the North Dakota Department of Emergency Services (NDDES) FY2021 State Homeland Security Grant;
  2. Authorize the Mayor to sign the award; and
  3. Amend the 2022 Annual Budget to increase the general fund and capital equipment fund Fire Department revenues and expenditures for a State Homeland Security Grant.
6.17.

NDDES 2021-22 HMEP TRAINING GRANT (2022300004/FD0119)

Presented by Chief Kelli Kronschnabel

The Minot Fire Department Regional Response Team has applied for the NDDES FY2021/2022 Hazardous Materials Emergency Preparedness (HMEP) Training funds. Minot Fire Department has been awarded a 2021-22 HMEP grant for training and education to send members to classroom and hands on training opportunities at the Fire Department Instructors Conference (FDIC) and update training aids by purchasing response props and new I-pads.

RECOMMENDED ACTION

  1. It is recommended the City Council provide authorization to accept the North Dakota Department of Emergency Services (NDDES) FY2021-2022 Hazardous Materials Emergency Preparedness (HMEP) Training grant;
  2. Authorize the Mayor sign the award; and
  3. Amend the 2022 Annual Budget to increase the fire education and training revenues and expenditures for a Hazardous Materials Emergency Preparedness Grant and allow the use of cash reserves for the local match.
6.18.

P# 3529.2C MREFPP PHASE MI-2C – WEST PETERSON COULEE DRAINAGE IMPROVEMENTS BID APPROVAL

Presented by Dan Jonasson

The sizing of the Perkett Ditch pump station assumed the drainage from this retention area (Peterson Coulee) would ultimately get routed to the west and therefore resulted in the ability to downsize the pumps located within the station. Bids were opened on March 23, 2022 and there were four (4) bidders. The bid award recommendation as well as the tabulation of bids is attached.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the low bidder of Wagner Construction in the amount of $2,138,031.75 for the West Peterson Coulee Drainage Improvements; and
  2. Recommend approval to the SRJB for award.


6.19.

STATE ADA PARATRANSIT SERVICES AGREEMENT WITH SOURIS BASIN TRANSIT

Presented by Dan Jonasson

The City has had ongoing yearly agreements with Souris Basin Transit to supplement the ADA services provided in conjunction with our transit system. Our contracts have been in place with them on a yearly basis since 2008.  Funding for the cost of Souris Basin Transit providing the service is included in our budget for transit each year which in turn is approved by the Council.

RECOMMENDED ACTION

  1. It is recommended City Council ratify the agreement with Souris Basin Transit for Paratransit ADA services for 2022; and
  2. Authorize the Public Works Director to sign the agreement with Souris Basin Transit.
6.20.

REQUEST FOR BIDS HAY LAND/CROP

Presented by Jennifer Eckman

The hay land lease expired in October 31, 2021.  In order to remain in compliance with wildlife mitigation plans, it is recommended that the acreage be contracted out for cutting and removal.  

RECOMMENDED ACTION

  1. It is recommended that City Council authorize the Airport Director to advertise and issue a Request for Bids for Hay Land/Crop; and 
  2. Authorize the Mayor to sign the contract once the highest bidder is determined.
6.21.

UPDATED AIRPORT EMERGENCY PLAN (AEP)

Presented by Jennifer Eckman

The Airport Emergency Plan (AEP) outlines the roles, responsibilities, and policies for emergency response at the Minot International Airport (MOT). 

RECOMMENDED ACTION

  1. It is recommended staff update the Airport Emergency Plan (AEP) for the Minot International Airport; and
  2. Authorize the Airport Director and Mayor to sign applicable documentation.


6.22.

UPDATED LETTER OF AGREEMENT (LOA) FOR AIRPORT EMERGENCY SERVICE

Presented by Jennifer Eckman

Minot City Council had approved a revised LOA on February 7, 2022. Due to changes in leadership with the contract tower facility, additional revisions have been recommended, including updating names of the organizations involved. The LOA outlines 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, Minot FAA Contract Tower (MOT FCT), 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 Airport Director to sign any applicable documentation. 
6.23.

UPDATED LETTER OF AGREEMENT (LOA) FOR RUNWAY SAFETY AREAS (RSA)

Presented by Jennifer Eckman

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. Minot City Council had approved a revised LOA on February 7, 2022. Due to changes in leadership with the contract tower facility, additional revisions have been recommended, primarily updating names of the organizations involved.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the updated Letter of Agreement (LOA) between the Minot International Airport, Minot FAA Contract Tower (MOT FCT), and Bismarck System Support Center (BIS-SSC)/Technical Operations (Tech Ops) to include language authorizing operational activity within runway safety areas (RSA) under certain conditions; and
  2. Authorize the Airport Director to sign any applicable documentation. 
6.24.

DEMOLITION CONTRACT AMENDMENT - BERGER ENTERPRISES

Presented by Emily Berg

This agenda item relates to a demolition contract that was entered into in December 2018 with Berger Enterprises, LLC.  Per the terms of the contract, Berger Enterprises agreed to complete demolitions and site restoration on three properties in accordance with HUD regulatory requirements.  Among other things, Berger Enterprises was required to, obtain and maintain performance and payment bonds during the term of the contract and during the warranty period (two years after the date when final payment becomes due).   The bond requirement required during the warranty period holds the contractor responsible for repair or replacement of defective work performed under the contract. 

Berger Enterprises completed the majority of the work in 2019, however, the City has not accepted the sites as final because of issues relating to insufficient grass regrowth on one of the three sites.   Berger Enterprises has committed to completing the site restoration work and to providing protections during the warranty period.  Berger Enterprises now requests the City agree to a contract amendment to (1) release the performance and payment bonds and (2) hold the retainage funds ($17,034.63) until the sites are accepted and during the two-year warranty period. HUD rules and regulations leave this type of decision to the local entity and nothing in those rules or regulations prohibit this recommended action. 

 The majority of the work on the sites has been completed for over two years, so City staff feels the City is protected from potential warranty issues by maintaining the retainage funds during that period.

RECOMMENDED ACTION

  1. Approve the attached contract amendment; and 
  2. Authorize the Mayor to sign the contract amendment and the related release and waiver of bond rights. 
7.

ACTION ITEMS

7.1.

FAA AND STATE OF NORTH DAKOTA 2022 AIRPORT IMPROVEMENT PROGRAMS (AIP) GRANTS

Presented by Jennifer Eckman

The FAA and ND Aeronautics Commission (NDAC) are accepting grant applications for their respective Fiscal Year 2022.  The grant applications are due by April 11, 2022 for the FAA and April 13, 2022 for the NDAC.

RECOMMENDED ACTION

  1. It is recommended the City Council approve the application of the 2022 AIP Grant from the FAA and the State of North Dakota, once bids are received and application process is opened; 
  2. Approve the associated Budget Amendment to account for increased revenue and expenses relative to the 2022 budget; and 
  3. Authorize the Mayor, City Attorney, and Airport Director to sign necessary documents.



7.2.

2022 WATERMAIN REPLACEMENT – BID AWARD (PROJECT NUMBER 4632)

Presented by Jason Sorenson, Assistant Public Works Director

Each year, the Water and Sewer Department budgets funds for water main replacement in areas where old water mains are in poor condition.  The replacements for 2021 were chosen based on areas that required significant maintenance repairing watermain breaks.  On Tuesday, March 29, 2022 at 11:00 a.m., bids were opened for the 2022 Watermain Replacement Project.  A tabulation of the bids is below:

Bidder                                             Total Bid

Post Construction                        $2,397,377.50

Wagner Construction                   $2,707,888.50

Steen Construction                      $2,675,415.00

RECOMMENDED ACTION

  1. It is recommended City Council award the bid for the 2022 Watermain Replacement Project to Post Construction for the lowest bid of $2,397,377.50;
  2. Approve the budget amendment to use cash reserves for the budget shortfall to cover the entire project cost plus a contingency; and 
  3. Authorize the mayor to sign the contract for the project.


7.3.

ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) – SELECTION OF VENDOR (4670)

Presented by Lance Meyer

An Advanced Traffic Management System (ATMS) is a form of Intelligent Transportation System (ITS) that will provide a communication link to all interconnected traffic signals within the City of Minot. The ATMS will serve as a capstone signal project and tie in the recent improvements that the city has made in upgrading signal cabinets and signal controllers. Initially, this project will link 28 of the city’s 49 traffic signals together. This number will likely increase into the 40’s by the end of 2022. 

RECOMMENDED ACTION

  1. It is recommended the City Council select Traffic Control Corporation as the Vendor for the Advanced Traffic Management System;
  2. Approve the Budget Amendment to reallocate funds on the first reading;
  3. Authorize the City Engineer to negotiate a scope and fee for services; and
  4. Authorize the Mayor to sign the Agreement for the project.
7.4.

INFORMATIONAL PRESENTATION ON PROPOSED TIF DISTRICT 2022-1 (M BUILDING)

Presented by Brian Billingsley

Big M, LLC and EPIC Companies have filed a Tax Increment Financing application with the City of Minot to completely rehabilitate the M Building located at 123 1st Street SW in downtown Minot. The rehabilitation will provide a variety of commercial and residential uses within the building. 

8.

PERSONAL APPEARANCES

9.

MISCELLANEOUS AND DISCUSSION ITEMS

10.

ADJOURNMENT