Minot City Council - Regular Meeting - Monday, December 3, 2018 - 6:30 PM Minot City Council Chambers - City Hall 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. APPROVAL OF THE MINUTES Approval of the minutes from the November 5, 2018 regular City Council minutes, and the special City Council minutes from October 25th, November 1st and November 13th.
Documents:
181105.PDF 2018 COUNCIL RETREAT MEETING MINUTES.PDF 181101 SPECIAL.PDF 181113 SPECIAL.PDF
4. BILLS, TRANSFERS, AND PAYROLL Approval of the bills, transfers, interest distribution in the amount of $9,469,640.89 and payroll for the period of October 14, 2018 through November 24, 2018 in the amount of $2,965,560.15.
Documents:
BILLS NOV 18.PDF PAYROLL NOV 18.PDF
5. PUBLIC HEARING - DENIAL OF TAXI LICENSE TO ANDREW BRUHN A public hearing to allow Andrew Bruhn, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application based on the qualifications and background examination
It is recommended that the City Council ratify the Police Chief's decision to deny Andrew Bruhn a City of Minot taxi license.
Documents:
TAXI LICENSE DENIAL LETTER ANDREW BRUHN.DOCX ANDREW BRUHN - ND COURTS RECORD.PDF
6. PERSONAL APPEARANCES
7. REPORTS: MAYOR
8. REPORTS: CITY MANAGER/CITY ATTORNEY
Documents:
ATTORNEY REPORT NOVEMBER.PDF
9. CONSIDER THE REPORT OF THE PLANNING COMMISSION
1. Subdivision of Belmont 3rd Addition, Lots 1 & 2 2. Subdivision and Rezoning of Trinity 2nd Addition
Documents:
PLANNING 181126.PDF
10. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/27/2018)
1. Polaris Settlement Agreement 2. Parking Lot Improvements (AIR071) Budget Amendment And Change Order 3. Assignment Of Lease, T-Hangar No. 6 4. Approve Adjustment To Final Payment For Park South Project 5. Amended Souris Basin Planning Council Sub-Recipient Agreement 6. City Council Approval To Authorize Eminent Domain Proceedings For Nine Properties 7. City Council Approval To Add Structure To Auction List 8. City Council Approval Of Four Demolition Bid Awards 9. Appointment Of Special Assistant City Attorney For Conflict Case 10. Appointment Of Contract Attorney 11. 3rd Avenue SE And Burdick Pedestrian Improvements (4426) 12. 16th Street SW Shared Use Path Replacement (4183) 13. Storm Sewer District 123 – 10th Street SW – Request For Qualifications (4393) 14. Washington Elementary Safe Routes To School Decision Document (4367) 15. 2019 Insurance RFP 16. Amendments To Meeting Ordinance 17. Application For Abatement Or Refund Of Taxes For 16 Vacant Lots Owned By C & K Consulting On Or Near Mulberry Loop And Olive Tree Circle 18. Application For Abatement Or Refund Of Taxes For 3215 8th St NE 19. Application For Abatement Or Refund Of Taxes For 3241 8th St NE 20. Application For Abatement Or Refund Of Taxes For 3343 8th St NE 21. Application For Abatement Or Refund Of Taxes For 46 Townhomes Owned By Townhomes At Stonebridge 22. Application For Abatement Or Refund Of Taxes For 58 Vacant Lots Owned By Stonebridge Development Company On Or Near Mulberry Loop NE, Olive Tree Circle NE, And 34th Avenue NE 23. Landfill Expansion (Project Number 4264) 24. Conduct a Tipping Fee Study 25. Evaluate the Cost Savings of Once Per Week Garbage Collection
Documents:
181127.PDF
11. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/28/2018)
1. 2018 Pavement Markings Final Payment (4343) 2. 2018 Sidewalk, Curb, & Gutter Final Pay Application No. 3 (4311) 3. 2018 Street Improvement District Final Payment (4308) 4. Revision Of Cemetery Superintendent Job Description 5. Resolution Approving Participation In NDPERS Portability Enhancement Program 6. 2019 Library Salary Discrepancy 7. Right Of Way Encroachment Application – Building Access Ramp – 18 2nd Street NE 8. Edgewood Vista Drainage Easement (4427) 9. Transit Budget Amendment For Routematch Upgrade (BUS034) P4430 10. 2018 Nuisance Abatement Project - Final Payment (4347) 11. Final Payment- Minot SWIF Action B - Storm Sewer Outfall Televising And Inspection (3135.2B) 12. Real Estate Transfer – 27th Avenue NW Regional Storm Water Pond (3575) 13. City Hall Retaining Wall – Request For Qualifications (4398) 14. Anne Street Bridge Analysis Engineer Selection (4385) 15. Retail Liquor & Beer License Transfer 16. Minot Environmental Policy Group Recommendations Regarding Single- Use Plastic Shopping Bags 17. Amended Magic Fund General Policy Guidelines
Documents:
181128.PDF
12. ORDINANCES ON SECOND READING
1. Ordinance No. 5274 - Annexation of the Unplatted portion of Section 15- 155-83 2. Ordinance No. 5275 - Zone change for Lot 2 of Bel Air Commons 3. Ordinance No. 5276 - Zone change for Lot 1 of Bel Air Commons 4. Ordinance No. 5331 - Rezone Bolton Heights 11th Addition, Lots 1-20 from R2 & R3 to R1 5. Ordinance No. 5332 - Amending Section 2-48(A) Vacation And Sick Leave
Documents:
ORDINANCE NO. 5274.PDF ORDINANCE NO. 5275.PDF ORDINANCE NO. 5276.PDF ORDINANCE NO. 5331.PDF ORDINANCE NO. 5332.PDF
13. ADMINISTRATIVE APPROVALS It is recommended the City Council ratify the attached administratively approved requests.
Documents:
ADMIN APPROVALS.PDF
14. OTHER BUSINESS
14.I. MODIFICATION TO CITY MANAGER’S EMPLOYMENT CONTRACT This City of Minot, upon hiring City Manager Barry, entered into an employment contract with Mr. Barry. As part of the 2019 Budget process, the City Council authorized employee benefit improvements to all eligible staff of the City. Mr. Barry’s contract must be updated to become eligible for these same benefits which will become available to the staff on January 1, 2019.
It is recommended the City Council:
1. Approve the Amendment to the City Manager’s Employment Contract; 2. Approve the FY19 Budget Amendment; and 3. Authorize the Mayor to sign the both Amendments.
Documents:
COUNCIL MEMO ON EMPLOYMENT CONTRACT - 11-29-18 - FINAL DRAFT.PDF ATTACHMENT A - REDLINED MODIFICATION SECTIONS TO EMPLOYMENT CONTRACT - 12-04-18 - FINAL DRAFT KH.PDF ATTACHMENT B - AMENDMENT TO EMPLOYMENT AGREEMENT - 12-04- 18 - FINAL DRAFT KH.PDF ATTACHMENT C - BUDGET AMENDMENT - FINAL DRAFT.PDF
14.II. RATIFICATION OF SISTER CITY AGREEMENT WITH SKIEN, NORWAY The City of Minot and City of Skien have enjoyed a Sister City relationship for many years. In October 2017, Mayor Chuck Barney signed the Minot-Skien Sister City Agreement on behalf of the City of Minot. The Agreement formalizes the intent of City of Skien and City of Minot (which includes by definition of the Agreement the following entities: Minot Public Schools, Minot State University, Norsk Hostfest, and Minot Area Development Corporation) to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs.
It is recommended the City Council ratify the Minot – Skien Sister City Agreement dated October 1, 2017; and designate the City Manager as the City of Minot Liaison Officer.
Documents:
COUNCIL MEMO ON MINOT-SKIEN SISTER CITY AGREEMENT - 11-29-18 - FINAL.PDF MINOT - SKIEN SISTER CITY AGREEMENT, OCTOBER 1, 2017.PDF CITY OF MINOT RESOLUTION NO. 3515.PDF
14.III. COMMUNITY FACILITY FUND PROCEEDS UPDATE When the Community Facility funds were allocated, the Council attached a condition requiring the entities to raise 50% of the awarded funds by December 31, 2018.
The Finance Director will provide an update on the status of the funds raised by each entity.
14.IV. ADOPT-A-SIDEWALK SNOW REMOVAL PROGRAM
15. ADJOURNMENT Minot City Council - Regular Meeting - Monday, December 3, 2018 - 6:30 PM Minot City Council Chambers - City Hall 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. APPROVAL OF THE MINUTES Approval of the minutes from the November 5, 2018 regular City Council minutes, and the special City Council minutes from October 25th, November 1st and November 13th.
Documents:
181105.PDF 2018 COUNCIL RETREAT MEETING MINUTES.PDF 181101 SPECIAL.PDF 181113 SPECIAL.PDF
4. BILLS, TRANSFERS, AND PAYROLL Approval of the bills, transfers, interest distribution in the amount of $9,469,640.89 and payroll for the period of October 14, 2018 through November 24, 2018 in the amount of $2,965,560.15.
Documents:
BILLS NOV 18.PDF PAYROLL NOV 18.PDF
5. PUBLIC HEARING - DENIAL OF TAXI LICENSE TO ANDREW BRUHN A public hearing to allow Andrew Bruhn, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application based on the qualifications and background examination
It is recommended that the City Council ratify the Police Chief's decision to deny Andrew Bruhn a City of Minot taxi license.
Documents:
TAXI LICENSE DENIAL LETTER ANDREW BRUHN.DOCX ANDREW BRUHN - ND COURTS RECORD.PDF
6. PERSONAL APPEARANCES
7. REPORTS: MAYOR
8. REPORTS: CITY MANAGER/CITY ATTORNEY
Documents:
ATTORNEY REPORT NOVEMBER.PDF
9. CONSIDER THE REPORT OF THE PLANNING COMMISSION
1. Subdivision of Belmont 3rd Addition, Lots 1 & 2 2. Subdivision and Rezoning of Trinity 2nd Addition
Documents:
PLANNING 181126.PDF
10. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/27/2018)
1. Polaris Settlement Agreement 2. Parking Lot Improvements (AIR071) Budget Amendment And Change Order 3. Assignment Of Lease, T-Hangar No. 6 4. Approve Adjustment To Final Payment For Park South Project 5. Amended Souris Basin Planning Council Sub-Recipient Agreement 6. City Council Approval To Authorize Eminent Domain Proceedings For Nine Properties 7. City Council Approval To Add Structure To Auction List 8. City Council Approval Of Four Demolition Bid Awards 9. Appointment Of Special Assistant City Attorney For Conflict Case 10. Appointment Of Contract Attorney 11. 3rd Avenue SE And Burdick Pedestrian Improvements (4426) 12. 16th Street SW Shared Use Path Replacement (4183) 13. Storm Sewer District 123 – 10th Street SW – Request For Qualifications (4393) 14. Washington Elementary Safe Routes To School Decision Document (4367) 15. 2019 Insurance RFP 16. Amendments To Meeting Ordinance 17. Application For Abatement Or Refund Of Taxes For 16 Vacant Lots Owned By C & K Consulting On Or Near Mulberry Loop And Olive Tree Circle 18. Application For Abatement Or Refund Of Taxes For 3215 8th St NE 19. Application For Abatement Or Refund Of Taxes For 3241 8th St NE 20. Application For Abatement Or Refund Of Taxes For 3343 8th St NE 21. Application For Abatement Or Refund Of Taxes For 46 Townhomes Owned By Townhomes At Stonebridge 22. Application For Abatement Or Refund Of Taxes For 58 Vacant Lots Owned By Stonebridge Development Company On Or Near Mulberry Loop NE, Olive Tree Circle NE, And 34th Avenue NE 23. Landfill Expansion (Project Number 4264) 24. Conduct a Tipping Fee Study 25. Evaluate the Cost Savings of Once Per Week Garbage Collection
Documents:
181127.PDF
11. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/28/2018)
1. 2018 Pavement Markings Final Payment (4343) 2. 2018 Sidewalk, Curb, & Gutter Final Pay Application No. 3 (4311) 3. 2018 Street Improvement District Final Payment (4308) 4. Revision Of Cemetery Superintendent Job Description 5. Resolution Approving Participation In NDPERS Portability Enhancement Program 6. 2019 Library Salary Discrepancy 7. Right Of Way Encroachment Application – Building Access Ramp – 18 2nd Street NE 8. Edgewood Vista Drainage Easement (4427) 9. Transit Budget Amendment For Routematch Upgrade (BUS034) P4430 10. 2018 Nuisance Abatement Project - Final Payment (4347) 11. Final Payment- Minot SWIF Action B - Storm Sewer Outfall Televising And Inspection (3135.2B) 12. Real Estate Transfer – 27th Avenue NW Regional Storm Water Pond (3575) 13. City Hall Retaining Wall – Request For Qualifications (4398) 14. Anne Street Bridge Analysis Engineer Selection (4385) 15. Retail Liquor & Beer License Transfer 16. Minot Environmental Policy Group Recommendations Regarding Single- Use Plastic Shopping Bags 17. Amended Magic Fund General Policy Guidelines
Documents:
181128.PDF
12. ORDINANCES ON SECOND READING
1. Ordinance No. 5274 - Annexation of the Unplatted portion of Section 15- 155-83 2. Ordinance No. 5275 - Zone change for Lot 2 of Bel Air Commons 3. Ordinance No. 5276 - Zone change for Lot 1 of Bel Air Commons 4. Ordinance No. 5331 - Rezone Bolton Heights 11th Addition, Lots 1-20 from R2 & R3 to R1 5. Ordinance No. 5332 - Amending Section 2-48(A) Vacation And Sick Leave
Documents:
ORDINANCE NO. 5274.PDF ORDINANCE NO. 5275.PDF ORDINANCE NO. 5276.PDF ORDINANCE NO. 5331.PDF ORDINANCE NO. 5332.PDF
13. ADMINISTRATIVE APPROVALS It is recommended the City Council ratify the attached administratively approved requests.
Documents:
ADMIN APPROVALS.PDF
14. OTHER BUSINESS
14.I. MODIFICATION TO CITY MANAGER’S EMPLOYMENT CONTRACT This City of Minot, upon hiring City Manager Barry, entered into an employment contract with Mr. Barry. As part of the 2019 Budget process, the City Council authorized employee benefit improvements to all eligible staff of the City. Mr. Barry’s contract must be updated to become eligible for these same benefits which will become available to the staff on January 1, 2019.
It is recommended the City Council:
1. Approve the Amendment to the City Manager’s Employment Contract; 2. Approve the FY19 Budget Amendment; and 3. Authorize the Mayor to sign the both Amendments.
Documents:
COUNCIL MEMO ON EMPLOYMENT CONTRACT - 11-29-18 - FINAL DRAFT.PDF ATTACHMENT A - REDLINED MODIFICATION SECTIONS TO EMPLOYMENT CONTRACT - 12-04-18 - FINAL DRAFT KH.PDF ATTACHMENT B - AMENDMENT TO EMPLOYMENT AGREEMENT - 12-04- 18 - FINAL DRAFT KH.PDF ATTACHMENT C - BUDGET AMENDMENT - FINAL DRAFT.PDF
14.II. RATIFICATION OF SISTER CITY AGREEMENT WITH SKIEN, NORWAY The City of Minot and City of Skien have enjoyed a Sister City relationship for many years. In October 2017, Mayor Chuck Barney signed the Minot-Skien Sister City Agreement on behalf of the City of Minot. The Agreement formalizes the intent of City of Skien and City of Minot (which includes by definition of the Agreement the following entities: Minot Public Schools, Minot State University, Norsk Hostfest, and Minot Area Development Corporation) to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs.
It is recommended the City Council ratify the Minot – Skien Sister City Agreement dated October 1, 2017; and designate the City Manager as the City of Minot Liaison Officer.
Documents:
COUNCIL MEMO ON MINOT-SKIEN SISTER CITY AGREEMENT - 11-29-18 - FINAL.PDF MINOT - SKIEN SISTER CITY AGREEMENT, OCTOBER 1, 2017.PDF CITY OF MINOT RESOLUTION NO. 3515.PDF
14.III. COMMUNITY FACILITY FUND PROCEEDS UPDATE When the Community Facility funds were allocated, the Council attached a condition requiring the entities to raise 50% of the awarded funds by December 31, 2018.
The Finance Director will provide an update on the status of the funds raised by each entity.
14.IV. ADOPT-A-SIDEWALK SNOW REMOVAL PROGRAM
15. ADJOURNMENT Minot City Council - Regular Meeting - Monday, December 3, 2018 - 6:30 PM Minot City Council Chambers - City Hall 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. APPROVAL OF THE MINUTES Approval of the minutes from the November 5, 2018 regular City Council minutes, and the special City Council minutes from October 25th, November 1st and November 13th.
Documents:
181105.PDF 2018 COUNCIL RETREAT MEETING MINUTES.PDF 181101 SPECIAL.PDF 181113 SPECIAL.PDF
4. BILLS, TRANSFERS, AND PAYROLL Approval of the bills, transfers, interest distribution in the amount of $9,469,640.89 and payroll for the period of October 14, 2018 through November 24, 2018 in the amount of $2,965,560.15.
Documents:
BILLS NOV 18.PDF PAYROLL NOV 18.PDF
5. PUBLIC HEARING - DENIAL OF TAXI LICENSE TO ANDREW BRUHN A public hearing to allow Andrew Bruhn, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application based on the qualifications and background examination
It is recommended that the City Council ratify the Police Chief's decision to deny Andrew Bruhn a City of Minot taxi license.
Documents:
TAXI LICENSE DENIAL LETTER ANDREW BRUHN.DOCX ANDREW BRUHN - ND COURTS RECORD.PDF
6. PERSONAL APPEARANCES
7. REPORTS: MAYOR
8. REPORTS: CITY MANAGER/CITY ATTORNEY
Documents:
ATTORNEY REPORT NOVEMBER.PDF
9. CONSIDER THE REPORT OF THE PLANNING COMMISSION
1. Subdivision of Belmont 3rd Addition, Lots 1 & 2 2. Subdivision and Rezoning of Trinity 2nd Addition
Documents:
PLANNING 181126.PDF
10. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/27/2018)
1. Polaris Settlement Agreement 2. Parking Lot Improvements (AIR071) Budget Amendment And Change Order 3. Assignment Of Lease, T-Hangar No. 6 4. Approve Adjustment To Final Payment For Park South Project 5. Amended Souris Basin Planning Council Sub-Recipient Agreement 6. City Council Approval To Authorize Eminent Domain Proceedings For Nine Properties 7. City Council Approval To Add Structure To Auction List 8. City Council Approval Of Four Demolition Bid Awards 9. Appointment Of Special Assistant City Attorney For Conflict Case 10. Appointment Of Contract Attorney 11. 3rd Avenue SE And Burdick Pedestrian Improvements (4426) 12. 16th Street SW Shared Use Path Replacement (4183) 13. Storm Sewer District 123 – 10th Street SW – Request For Qualifications (4393) 14. Washington Elementary Safe Routes To School Decision Document (4367) 15. 2019 Insurance RFP 16. Amendments To Meeting Ordinance 17. Application For Abatement Or Refund Of Taxes For 16 Vacant Lots Owned By C & K Consulting On Or Near Mulberry Loop And Olive Tree Circle 18. Application For Abatement Or Refund Of Taxes For 3215 8th St NE 19. Application For Abatement Or Refund Of Taxes For 3241 8th St NE 20. Application For Abatement Or Refund Of Taxes For 3343 8th St NE 21. Application For Abatement Or Refund Of Taxes For 46 Townhomes Owned By Townhomes At Stonebridge 22. Application For Abatement Or Refund Of Taxes For 58 Vacant Lots Owned By Stonebridge Development Company On Or Near Mulberry Loop NE, Olive Tree Circle NE, And 34th Avenue NE 23. Landfill Expansion (Project Number 4264) 24. Conduct a Tipping Fee Study 25. Evaluate the Cost Savings of Once Per Week Garbage Collection
Documents:
181127.PDF
11. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/28/2018)
1. 2018 Pavement Markings Final Payment (4343) 2. 2018 Sidewalk, Curb, & Gutter Final Pay Application No. 3 (4311) 3. 2018 Street Improvement District Final Payment (4308) 4. Revision Of Cemetery Superintendent Job Description 5. Resolution Approving Participation In NDPERS Portability Enhancement Program 6. 2019 Library Salary Discrepancy 7. Right Of Way Encroachment Application – Building Access Ramp – 18 2nd Street NE 8. Edgewood Vista Drainage Easement (4427) 9. Transit Budget Amendment For Routematch Upgrade (BUS034) P4430 10. 2018 Nuisance Abatement Project - Final Payment (4347) 11. Final Payment- Minot SWIF Action B - Storm Sewer Outfall Televising And Inspection (3135.2B) 12. Real Estate Transfer – 27th Avenue NW Regional Storm Water Pond (3575) 13. City Hall Retaining Wall – Request For Qualifications (4398) 14. Anne Street Bridge Analysis Engineer Selection (4385) 15. Retail Liquor & Beer License Transfer 16. Minot Environmental Policy Group Recommendations Regarding Single- Use Plastic Shopping Bags 17. Amended Magic Fund General Policy Guidelines
Documents:
181128.PDF
12. ORDINANCES ON SECOND READING
1. Ordinance No. 5274 - Annexation of the Unplatted portion of Section 15- 155-83 2. Ordinance No. 5275 - Zone change for Lot 2 of Bel Air Commons 3. Ordinance No. 5276 - Zone change for Lot 1 of Bel Air Commons 4. Ordinance No. 5331 - Rezone Bolton Heights 11th Addition, Lots 1-20 from R2 & R3 to R1 5. Ordinance No. 5332 - Amending Section 2-48(A) Vacation And Sick Leave
Documents:
ORDINANCE NO. 5274.PDF ORDINANCE NO. 5275.PDF ORDINANCE NO. 5276.PDF ORDINANCE NO. 5331.PDF ORDINANCE NO. 5332.PDF
13. ADMINISTRATIVE APPROVALS It is recommended the City Council ratify the attached administratively approved requests.
Documents:
ADMIN APPROVALS.PDF
14. OTHER BUSINESS
14.I. MODIFICATION TO CITY MANAGER’S EMPLOYMENT CONTRACT This City of Minot, upon hiring City Manager Barry, entered into an employment contract with Mr. Barry. As part of the 2019 Budget process, the City Council authorized employee benefit improvements to all eligible staff of the City. Mr. Barry’s contract must be updated to become eligible for these same benefits which will become available to the staff on January 1, 2019.
It is recommended the City Council:
1. Approve the Amendment to the City Manager’s Employment Contract; 2. Approve the FY19 Budget Amendment; and 3. Authorize the Mayor to sign the both Amendments.
Documents:
COUNCIL MEMO ON EMPLOYMENT CONTRACT - 11-29-18 - FINAL DRAFT.PDF ATTACHMENT A - REDLINED MODIFICATION SECTIONS TO EMPLOYMENT CONTRACT - 12-04-18 - FINAL DRAFT KH.PDF ATTACHMENT B - AMENDMENT TO EMPLOYMENT AGREEMENT - 12-04- 18 - FINAL DRAFT KH.PDF ATTACHMENT C - BUDGET AMENDMENT - FINAL DRAFT.PDF
14.II. RATIFICATION OF SISTER CITY AGREEMENT WITH SKIEN, NORWAY The City of Minot and City of Skien have enjoyed a Sister City relationship for many years. In October 2017, Mayor Chuck Barney signed the Minot-Skien Sister City Agreement on behalf of the City of Minot. The Agreement formalizes the intent of City of Skien and City of Minot (which includes by definition of the Agreement the following entities: Minot Public Schools, Minot State University, Norsk Hostfest, and Minot Area Development Corporation) to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs.
It is recommended the City Council ratify the Minot – Skien Sister City Agreement dated October 1, 2017; and designate the City Manager as the City of Minot Liaison Officer.
Documents:
COUNCIL MEMO ON MINOT-SKIEN SISTER CITY AGREEMENT - 11-29-18 - FINAL.PDF MINOT - SKIEN SISTER CITY AGREEMENT, OCTOBER 1, 2017.PDF CITY OF MINOT RESOLUTION NO. 3515.PDF
14.III. COMMUNITY FACILITY FUND PROCEEDS UPDATE When the Community Facility funds were allocated, the Council attached a condition requiring the entities to raise 50% of the awarded funds by December 31, 2018.
The Finance Director will provide an update on the status of the funds raised by each entity.
14.IV. ADOPT-A-SIDEWALK SNOW REMOVAL PROGRAM
15. ADJOURNMENT Minot City Council - Regular Meeting - Monday, December 3, 2018 - 6:30 PM Minot City Council Chambers - City Hall 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. APPROVAL OF THE MINUTES Approval of the minutes from the November 5, 2018 regular City Council minutes, and the special City Council minutes from October 25th, November 1st and November 13th.
Documents:
181105.PDF 2018 COUNCIL RETREAT MEETING MINUTES.PDF 181101 SPECIAL.PDF 181113 SPECIAL.PDF
4. BILLS, TRANSFERS, AND PAYROLL Approval of the bills, transfers, interest distribution in the amount of $9,469,640.89 and payroll for the period of October 14, 2018 through November 24, 2018 in the amount of $2,965,560.15.
Documents:
BILLS NOV 18.PDF PAYROLL NOV 18.PDF
5. PUBLIC HEARING - DENIAL OF TAXI LICENSE TO ANDREW BRUHN A public hearing to allow Andrew Bruhn, an applicant for a taxi license, to appeal the decision made by the Police Chief to deny the application based on the qualifications and background examination
It is recommended that the City Council ratify the Police Chief's decision to deny Andrew Bruhn a City of Minot taxi license.
Documents:
TAXI LICENSE DENIAL LETTER ANDREW BRUHN.DOCX ANDREW BRUHN - ND COURTS RECORD.PDF
6. PERSONAL APPEARANCES
7. REPORTS: MAYOR
8. REPORTS: CITY MANAGER/CITY ATTORNEY
Documents:
ATTORNEY REPORT NOVEMBER.PDF
9. CONSIDER THE REPORT OF THE PLANNING COMMISSION
1. Subdivision of Belmont 3rd Addition, Lots 1 & 2 2. Subdivision and Rezoning of Trinity 2nd Addition
Documents:
PLANNING 181126.PDF
10. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/27/2018)
1. Polaris Settlement Agreement 2. Parking Lot Improvements (AIR071) Budget Amendment And Change Order 3. Assignment Of Lease, T-Hangar No. 6 4. Approve Adjustment To Final Payment For Park South Project 5. Amended Souris Basin Planning Council Sub-Recipient Agreement 6. City Council Approval To Authorize Eminent Domain Proceedings For Nine Properties 7. City Council Approval To Add Structure To Auction List 8. City Council Approval Of Four Demolition Bid Awards 9. Appointment Of Special Assistant City Attorney For Conflict Case 10. Appointment Of Contract Attorney 11. 3rd Avenue SE And Burdick Pedestrian Improvements (4426) 12. 16th Street SW Shared Use Path Replacement (4183) 13. Storm Sewer District 123 – 10th Street SW – Request For Qualifications (4393) 14. Washington Elementary Safe Routes To School Decision Document (4367) 15. 2019 Insurance RFP 16. Amendments To Meeting Ordinance 17. Application For Abatement Or Refund Of Taxes For 16 Vacant Lots Owned By C & K Consulting On Or Near Mulberry Loop And Olive Tree Circle 18. Application For Abatement Or Refund Of Taxes For 3215 8th St NE 19. Application For Abatement Or Refund Of Taxes For 3241 8th St NE 20. Application For Abatement Or Refund Of Taxes For 3343 8th St NE 21. Application For Abatement Or Refund Of Taxes For 46 Townhomes Owned By Townhomes At Stonebridge 22. Application For Abatement Or Refund Of Taxes For 58 Vacant Lots Owned By Stonebridge Development Company On Or Near Mulberry Loop NE, Olive Tree Circle NE, And 34th Avenue NE 23. Landfill Expansion (Project Number 4264) 24. Conduct a Tipping Fee Study 25. Evaluate the Cost Savings of Once Per Week Garbage Collection
Documents:
181127.PDF
11. CONSIDER THE REPORT OF THE COMMITTEE OF THE WHOLE (11/28/2018)
1. 2018 Pavement Markings Final Payment (4343) 2. 2018 Sidewalk, Curb, & Gutter Final Pay Application No. 3 (4311) 3. 2018 Street Improvement District Final Payment (4308) 4. Revision Of Cemetery Superintendent Job Description 5. Resolution Approving Participation In NDPERS Portability Enhancement Program 6. 2019 Library Salary Discrepancy 7. Right Of Way Encroachment Application – Building Access Ramp – 18 2nd Street NE 8. Edgewood Vista Drainage Easement (4427) 9. Transit Budget Amendment For Routematch Upgrade (BUS034) P4430 10. 2018 Nuisance Abatement Project - Final Payment (4347) 11. Final Payment- Minot SWIF Action B - Storm Sewer Outfall Televising And Inspection (3135.2B) 12. Real Estate Transfer – 27th Avenue NW Regional Storm Water Pond (3575) 13. City Hall Retaining Wall – Request For Qualifications (4398) 14. Anne Street Bridge Analysis Engineer Selection (4385) 15. Retail Liquor & Beer License Transfer 16. Minot Environmental Policy Group Recommendations Regarding Single- Use Plastic Shopping Bags 17. Amended Magic Fund General Policy Guidelines
Documents:
181128.PDF
12. ORDINANCES ON SECOND READING
1. Ordinance No. 5274 - Annexation of the Unplatted portion of Section 15- 155-83 2. Ordinance No. 5275 - Zone change for Lot 2 of Bel Air Commons 3. Ordinance No. 5276 - Zone change for Lot 1 of Bel Air Commons 4. Ordinance No. 5331 - Rezone Bolton Heights 11th Addition, Lots 1-20 from R2 & R3 to R1 5. Ordinance No. 5332 - Amending Section 2-48(A) Vacation And Sick Leave
Documents:
ORDINANCE NO. 5274.PDF ORDINANCE NO. 5275.PDF ORDINANCE NO. 5276.PDF ORDINANCE NO. 5331.PDF ORDINANCE NO. 5332.PDF
13. ADMINISTRATIVE APPROVALS It is recommended the City Council ratify the attached administratively approved requests.
Documents:
ADMIN APPROVALS.PDF
14. OTHER BUSINESS
14.I. MODIFICATION TO CITY MANAGER’S EMPLOYMENT CONTRACT This City of Minot, upon hiring City Manager Barry, entered into an employment contract with Mr. Barry. As part of the 2019 Budget process, the City Council authorized employee benefit improvements to all eligible staff of the City. Mr. Barry’s contract must be updated to become eligible for these same benefits which will become available to the staff on January 1, 2019.
It is recommended the City Council:
1. Approve the Amendment to the City Manager’s Employment Contract; 2. Approve the FY19 Budget Amendment; and 3. Authorize the Mayor to sign the both Amendments.
Documents:
COUNCIL MEMO ON EMPLOYMENT CONTRACT - 11-29-18 - FINAL DRAFT.PDF ATTACHMENT A - REDLINED MODIFICATION SECTIONS TO EMPLOYMENT CONTRACT - 12-04-18 - FINAL DRAFT KH.PDF ATTACHMENT B - AMENDMENT TO EMPLOYMENT AGREEMENT - 12-04- 18 - FINAL DRAFT KH.PDF ATTACHMENT C - BUDGET AMENDMENT - FINAL DRAFT.PDF
14.II. RATIFICATION OF SISTER CITY AGREEMENT WITH SKIEN, NORWAY The City of Minot and City of Skien have enjoyed a Sister City relationship for many years. In October 2017, Mayor Chuck Barney signed the Minot-Skien Sister City Agreement on behalf of the City of Minot. The Agreement formalizes the intent of City of Skien and City of Minot (which includes by definition of the Agreement the following entities: Minot Public Schools, Minot State University, Norsk Hostfest, and Minot Area Development Corporation) to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs.
It is recommended the City Council ratify the Minot – Skien Sister City Agreement dated October 1, 2017; and designate the City Manager as the City of Minot Liaison Officer.
Documents:
COUNCIL MEMO ON MINOT-SKIEN SISTER CITY AGREEMENT - 11-29-18 - FINAL.PDF MINOT - SKIEN SISTER CITY AGREEMENT, OCTOBER 1, 2017.PDF CITY OF MINOT RESOLUTION NO. 3515.PDF
14.III. COMMUNITY FACILITY FUND PROCEEDS UPDATE When the Community Facility funds were allocated, the Council attached a condition requiring the entities to raise 50% of the awarded funds by December 31, 2018.
The Finance Director will provide an update on the status of the funds raised by each entity.
14.IV. ADOPT-A-SIDEWALK SNOW REMOVAL PROGRAM
15. ADJOURNMENT November 5, 2018 Regular City Council Meeting
MINOT CITY COUNCIL – SCHEDULED MEETING – NOVEMBER 5, 2018 AT 6:30 P.M.
ROLL CALL
Members Present: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky Members Absent: None
PLEDGE OF ALLEGIANCE
Mayor Sipma presiding and led the City Council in the Pledge of Allegiance.
APPROVAL OF MINUTES- OCTOBER 1, 2018 REGULAR & SPECIAL CITY COUNCIL MEETINGS – APPROVED
Alderman Jantzer moved the City Council approve the minutes from the October 1, 2018 regular City Council meeting, and the October 1, 2018 special City Council meeting.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVAL OF BILLS – OCTOBER 2018 – APPROVED
Alderman Jantzer moved the City Council approve the bills and transfers as listed for October in the amount of $6,965,721.80 as follows:
A-1 EVANS SEPTIC TANK SERVICE 400.00 ARROWHEAD ACE HARDWARE 6.88 273426 273717 ABERLE, CHRIS 277.40 ASHAM, CARMEN 194.38 273427 273439 ACKERMAN ESTVOLD 350.00 ASTECH 133892.24 273708 273718 ACME TOOLS 3842.00 ASTORIA HOTEL & EVENT CENTER 316.00 273428 273440 ACME TOOLS 2330.97 AT&T 4334.43 273709 273720 ADVANCED BUSINESS METHODS 427.04 ATTIC, THE 5780.00 273429 273721 ADVANCED BUSINESS METHODS 1513.60 BAKER & TAYLOR BOOKS 6821.08 273710 273441 ALL AMERICAN TROPHIES 162.00 BAKER & TAYLOR BOOKS 2244.07 273430 273722 ALL AMERICAN TROPHIES 79.90 BAKKE GRINOLDS WIEDERHOLT 2121.20 273711 273442 AMERICAN WELDING & GAS, INC. 209.95 BAKKE GRINOLDS WIEDERHOLT 1245.50 273431 273723 AMERICINN OF BISMARCK 83.90 BASE UTILITIES, INC 1062.42 273712 273725 AMERIPRIDE 70.33 BAUER, KATHERINE 54.50 273432 273443 AMERIPRIDE 70.33 BEALL, ASHLEY 136.40 273713 273688 AMERITAS LIFE INSURANCE CORP 2780.59 BECHTOLD PAVING 13544.24 273433 273444 APEX ENGINEERING GROUP 48327.52 BECHTOLD PAVING 202105.68 273714 273726 APH/AUTO VALUE 19.76 BECKER, KRYSTA 60.50 273434 273727 APPLE BOOKS 2652.08 BELGARDE, WHITNEY CANDICE 50.00 273435 273445 AQUA-PURE INC 12600.00 BERG, MONDA 282.00 273436 273446 AQUA-PURE INC 25847.56 BERGER ENTERPRISES, LLC 169294.76 273715 273729 ARFF SPECIALISTS, LLC 12900.00 BEST BUY BUSINESS ADVANTAGE ACCOUNT 679.99 273437 273730 ARROWHEAD ACE HARDWARE 72.68 BLACK, PHOENIX 30.00 273438 273447 Page | 1 November 5, 2018 Regular City Council Meeting
BLOYER, JAY 1551.72 273448 ENERBASE 35527.76 273786 BLUE CROSS BLUE SHIELD 139252.27 273449 ETHANOL PRODUCTS 5082.03 273514 BLUETARP FINANCIAL, INC 39.99 273450 ETHANOL PRODUCTS 2737.62 273787 BOBZIEN, CHRIS 198.40 273451 EVIDENT, INC 2320.36 273788 BORDER STATES ELECTRIC SUPPLY 951.39 273452 EXPRESSWAY SUITES 138.60 273691 BORDER STATES ELECTRIC SUPPLY 800.00 273731 FACTORY MOTOR PARTS 516.58 273515 BORREGO, EMILIO 80.00 273453 FACTORY MOTOR PARTS 968.47 273789 BOYKO, CARLI NICOL 40.00 273454 FARGO GLASS & PAINT COMPANY 1991.00 273516 BRAYS SADDLERY 140.00 273455 FARSTAD OIL CO 264.52 273790 BRITE-WAY 248.00 273456 FASTENAL COMPANY 56.39 273517 BROADWAY PRINTING COMPANY 105.00 273457 FASTENAL COMPANY 492.34 273791 BROADWAY PRINTING COMPANY 1639.50 273732 FEDERAL EXPRESS 157.46 273518 BROCK WHITE CO LLC 253.80 273458 FEDERAL EXPRESS 65.96 273792 BROOME, BRYCE 34.80 273459 FELTNER, RICHARD 1098.94 273970 BROWN, ROBBY 380.00 273733 FERGUSON ENTERPRISES, INC 2.70 273519 BURNS, DUSTIN 50.00 273734 FERGUSON WATERWORKS #2516 655.19 273793 BUTLER MACHINERY CO. 1648.47 273460 FIDELITY SECURTIY LIFE 2185.05 273521 BUTLER MACHINERY CO. 1649.65 273735 FILKINS, JACOB 266.56 273522 C&C PLUMBING AND HEATING 2071.10 273461 FIRE EQUIPMENT CO. 708.00 273523 CAMP GRAFTON TRAINING CENTER 198.00 273462 FIRE SAFETY USA, INC 35194.50 273524 CAMP GRAFTON TRAINING CENTER 220.00 273736 FIRST DISTRICT HEALTH UNIT 28750.00 273525 CAROLINA SOFTWARE 250.00 273737 FIRST INTERNATIONAL BANK & TRUST 1120.00 273971 CDM SMITH 287662.00 273463 FIRST WESTERN INSURANCE 289.00 273794 CDW GOVERNMENT INC 198.66 273464 FLEXIBLE PIPE TOOL COMPANY 792.35 273795 CDW GOVERNMENT INC 396.70 273738 FLORES CONCRETE CONSTRUCTION, INC 4139.00 273526 CENGAGE LEARNING/GALE 259.40 273739 FLORES CONCRETE CONSTRUCTION, INC 1850.00 273796 CHIEF/LAW ENFORCEMENT SUPPLY 139.90 273465 FOLEY, JARED 60.50 273797 CHIEF/LAW ENFORCEMENT SUPPLY 181.28 273740 FUNKE, LANDI 63.22 273798 CHILD'S WORLD 739.60 273466 G & P COMMERCIAL SALES 197.61 273527 CHRISTIANSON HEATING & AIR 1356.50 273467 G & P COMMERCIAL SALES 1784.71 273799 CHRISTOPHER A. CARLSON 672.86 273689 GAFFANEYS 157.10 273528 CHRISTOPHER A. CARLSON 689.96 273968 GAFFANEYS 249.00 273800 CITY OF MINOT 140.00 273468 GEMAR PHOTOGRAPHY 6995.00 273801 CITY OF MINOT 136.00 273741 GENERAL TRADING 138.44 273529 CLEAN TECH 125.00 273469 GENERAL TRADING 636.93 273802 CLUTE OFFICE EQUIP. INC. 18.95 273742 GERDAU AMERISTEEL 100.46 273530 COLONIAL LIFE PREMIUM PROCESSING 2598.52 273470 GERDAU AMERISTEEL 41.18 273803 COLOR DYNAMICS LLC 24000.00 273471 GFOA 505.00 273531 COLORADO DEPARTMENT OF REVENUE 10.00 273743 GFOA 150.00 273804 COMMUNITY AMBULANCE SERVICE 60.00 273744 GOETTLE, SHANE C 3500.00 273532 COMPUTER STORE 129.99 273745 GOOSENECK IMPLEMENT 211.24 273533 CORE & MAIN 2021.44 273472 GRAND FORKS FIRE EQUIPMENT 1012.56 273805 CORE & MAIN 14183.39 273746 GRANITE SPRINGS CO. 38.00 273534 CRAFT BUILDERS, INC 7260.30 273747 GRANITE SPRINGS CO. 154.50 273806 CREDIT COLLECTIONS BUREAU 278.33 273690 GRAVEL PRODUCTS, INC. 190.85 273535 CROXALL, JEREMY 950.00 273473 GRAVEL PRODUCTS, INC. 3928.95 273807 CYPRESS DEVELOPMENT 225.00 273981 GRAYBAR 59.04 273536 DACOTAH PAPER CO. 918.11 273475 GREENTREE DEVELOPMENT 2169.00 273692 DACOTAH PAPER CO. 512.50 273748 HACH 941.30 273537 DAKOTA CONCRETE CONSTRUCTION 14877.00 273749 HAMMER, STUART 348.00 273808 DAKOTA FENCE 1225.00 273476 HARLEYS 13.98 273539 DAKOTA FIRE EXTINGUISHER 38.99 273477 HARLEYS 13.98 273809 DAKOTA FIRE EXTINGUISHER 159.80 273750 HAWKINS, INC 1309.60 273810 DAKOTA FLUID POWER, INC 444.18 273478 HIATT, MATT 44.00 273811 DAKOTA OUTDOOR ADVERTISING LLC 350.00 273479 HIBACHI GRILL 52.73 273540 DAKOTA OUTDOOR ADVERTISING LLC 450.00 273751 HIGH POINT NETWORKS, LLC 3712.50 273541 DAKOTA OUTERWEAR CO. 1178.00 273752 HIGHT CONSTRUCTION 100014.21 273542 DAKOTA PLAYGROUND 1212.00 273753 HOME DEPOT CREDIT SERVICES 239.73 273543 DAKOTA SUPPLY GROUP 11.82 273480 HOME DEPOT CREDIT SERVICES 145.52 273812 DAKOTA SUPPLY GROUP 10388.76 273754 HOME OF ECONOMY 67.98 273544 DAKOTA TRUCK & FARM 1065.79 273755 HOME OF ECONOMY 334.30 273813 DAVIDSON CONSTRUCTION 2850.00 273481 HP INC 740.50 273815 DELTA DENTAL OF MINNESOTA 13739.28 273483 IDEAL MANAGEMENT, INC 920.00 273545 DEMCO 110.34 273484 IED SUPPORT SERVICES 16625.00 273816 DEZURIK, INC 100.00 273757 INFORMATION TECHNOLOGY DEPARTMENT 2564.29 273818 DIVISION OF MOTORIST SERVICES (FL) 10.00 273485 INNOVATIVE OFFICE SOLUTIONS LLC 325.97 273546 DL BARKIE CONSTRUCTION INC 7920.00 273486 INNOVATIVE OFFICE SOLUTIONS LLC 796.86 273819 DOMESTIC VIOLENCE CRISIS CENTE 2421.40 273969 INTERNATIONAL ACADEMIES OF EMERGEN 200.00 273547 DORSEY & WHITNEY 20000.00 273487 INTERSTATE BATTERY SYSTEM 383.65 273548 DORSEY & WHITNEY 11487.57 273758 INTERSTATE BATTERY SYSTEM 114.95 273820 DPC INDUSTRIES, INC. 4648.00 273488 J C PENNEY CO 21.99 273549 DPC INDUSTRIES, INC. 3984.00 273759 JANTZER, MARK 387.88 273550 DRUSE, DAMON 66.30 273489 JEROMES COLLISION CENTER 5009.00 273821 DXP ENTERPRISES, INC 501.00 273760 JERRY'S REPAIR & ALIGNMENT 85.00 273551 DYNAMIC SPORTS CONSTRUCTION, INC 174928.50 273761 JERRY'S REPAIR & ALIGNMENT 170.00 273822 DYNAMIC SPORTS CONSTRUCTION, INC 19436.50 273762 JH MEDICAL SUPPLY 296.72 273552 EAPC ARCHITECTS 776.92 273490 JOHNSON CONTROLS 1763.74 273823 EAPC ARCHITECTS 956.25 273763 KADRMAS, LEE & JACKSON (BISMARCK) 43805.01 273824 EBIX / HOPE NEWSLETTER 187.35 273764 KALIX 32.19 273553 EBSCO INFORMATION SERVICES 1346.00 273491 KALIX 32.19 273825 ECOLAB 479.10 273492 KANO LABORATORIES 179.53 273826 ECOLAB 122.24 273765 KELLER PAVING AND LANDSCAPING 38243.53 273554 ELDORADO NATIONAL - CALIFORNIA 531.19 273493 KELLER, ERIC 18.00 273827 ELECTRIC PUMP 5220.10 273766 KLUG, JOHN 390.19 273828 EMERGENCY AUTOMOTIVE TECHNOLOGIES 443.93 273494 KRAFT, JOSHUA 76.50 273555 ENERBASE 37809.34 273513 KRILL, JOHN 16.03 273829 Page | 2 November 5, 2018 Regular City Council Meeting
KUGLIN, TROY 15.30 273556 ND STATE RADIO COMM. 3000.00 273881 KYM INDUSTRIES, INC 259.10 273830 NDWPCC 600.00 273604 LAGERQUIST, TYLER 150.00 273557 NEETHER, GAIL 10.00 273882 LAKEFIELD, DAVID 462.17 273558 NELSON, ADDIE 20.00 273606 LAKESHORE 643.86 273559 NEOPOST USA DEPT 3689 290.57 273883 LANDMARK STRUCTURES 284920.00 273831 NET TRANSCRIPTS 249.75 273607 LANG, LANCE 319.40 273560 NEUHALFEN, RAY 76.50 273608 LARSON, MACEY 50.14 273561 NEWMAN TRAFFIC SIGNS 5277.74 273609 LASKOWSKI, PAUL 303.50 273832 NICOLAISEN, CLEO 60.06 273884 LAUDENSCHLAGER, ERIK 573.02 273562 NIESS IMPRESSIONS 31.18 273610 LEARNING OPPORTUNITIES, INC 623.51 273833 NORTH PRAIRIE RURAL WATER 69.97 273611 LENTZ, JACOB 430.36 273563 NORTH PRAIRIE RURAL WATER 51.01 273885 LEWIS & CLARK TRAIL HERITAGE FOUNDA 49.00 273564 NORTHERN PLAINS EQUIPMENT CO., INC. 295.00 273612 LHOIST NORTH AMERICA OF MISSOURI 28211.20 273565 NORTHERN PLAINS EQUIPMENT CO., INC. 199.50 273886 LHOIST NORTH AMERICA OF MISSOURI 26586.88 273834 NORTHERN TESTING 174.00 273613 LINDMAN, PETER 15.00 273835 NORTHWEST TIRE AND RETREAD 7164.51 273615 LOVELACE, DAN 66.30 273566 NORTHWEST TIRE AND RETREAD 3309.48 273888 LOWES GARDEN CENTER 58.98 273836 NOVA FIRE PROTECTION CO. 150.00 273616 LOWES PRINTING, INC. 263.20 273567 NOYES, JOSHUA 224.40 273617 LOWES PRINTING, INC. 1186.30 273837 OCLC 1309.30 273889 LTP 90136.00 273568 OFFICE DEPOT 166.81 273618 M & S SHEET METAL, INC. 184.00 273838 OFFICE DEPOT 103.54 273890 M&T FIRE AND SAFETY INC 21101.00 273569 OK AUTOMOTIVE 8.46 273891 MACS INC 184.74 273570 OLSON, JASON 204.00 273892 MACS INC 297.57 273839 OLSON'S TOWING 146.50 273619 MADC 39.00 273571 OLSON'S TOWING 4582.50 273894 MADC 30416.67 273840 OPDAHL, CAROLL 200.00 273895 MAGIC CITY GARAGE DOOR COMPANY 417.25 273573 OWEN, CHRIS 783.80 273620 MAIN ELECTRIC CONSTRUCTION 15001.20 273574 PAINTLESS DENT REPAIR SPECIALISTS 175.00 273621 MAIN ELECTRIC CONSTRUCTION 676.21 273842 PAPPENFUS, MATTHEW 461.71 273622 MARAGOS, SHEILA 66.30 273844 PARK CONSTRUCTION 125611.27 273623 MARCO, INC 221.49 273575 PEI 199.00 273896 MARCO, INC 1592.97 273576 PEPPELMAN, ZACHARY 586.52 273624 MARKETPLACE FOODS 90.70 273845 PEPSI-COLA BOTTLING COMPANY 642.60 273897 MARKETPLACE NORTH 15.19 273846 PETERSON, AARON 385.50 273898 MARSH PROPERTIES LLC .00 273814 PIKKA, JOSHUA 30.71 273625 MARSH PROPERTIES LLC 3977.06 273982 POLICEONE.COM ACADEMY .00 273899 MARTISEN, DELLA & OLIVIA CHRISTMAS 10.00 273847 POLLMAN, DANA 458.39 273900 MATERIAL TESTING 710.50 273848 POST CONSTRUCTION COMPANY 4500.00 273901 MCLEOD, MATT 255.00 273695 PRAIRIE SUPPLY 203.25 273626 MCLEOD, MATT 89.56 273849 PRAIRIE SUPPLY 50.40 273903 MDU 833.89 273850 PRAXAIR DISTRIBUTION, INC. 46.27 273904 MELISSA HELEGSON 15.00 273851 PRINGLE & HERIGSTAD, P.C. 1804.30 273905 MENARDS 1007.87 273578 PRIORITY DISPATCH 245.00 273627 MENARDS 3690.80 273855 PROCOLLECT 639.90 273906 MENTIS, KENNEDY 6.44 273579 PROQUEST 3114.83 273628 MICROSOFT CORPORATION 1618.00 273856 PROVIDENT LIFE & ACC INS CO 695.68 273629 MIDCONTINENT COMMUNICATIONS 85.04 273857 QUALITY INN-BISMARCK 334.80 273630 MIDSTATES WIRELESS, INC 1662.00 273580 QUIST, MITCHELL 30.00 273631 MIDSTATES WIRELESS, INC 1085.40 273858 RAMKOTA HOTEL & CONFERENCE CENTER 297.00 273907 MINOT AUTO 2294.47 273585 RAPID FIRE PROTECTION INC 1530.00 273908 MINOT AUTO 1273.50 273862 RDO EQUIPMENT 571.56 273632 MINOT CITY AUDITOR 11.64 273586 REALTIME TRANSLATIONS, INC 238.00 273633 MINOT COMMISSION ON AGING 12500.00 273587 REALTIME TRANSLATIONS, INC 20.00 273909 MINOT CONVENTION&VISITORS BUR. 3925.67 273588 RECORDED BOOKS 247.00 273634 MINOT CONVENTION&VISITORS BUR. 37550.44 273696 RECORDED BOOKS 99.00 273910 MINOT CONVENTION&VISITORS BUR. 19754.24 273863 REPUBLIC PARKING SYSTEM 25736.83 273911 MINOT DAILY NEWS 593.49 273590 RHI SUPPLY 273.73 273636 MINOT DAILY NEWS 1080.21 273864 RHI SUPPLY 162.00 273912 MINOT ELECTRIC 7313.75 273865 ROTARY CLUB OF MINOT 372.00 273913 MINOT EMPLOYEE DONATIONS 1348.98 273973 ROWMAN & LITTLEFIELD PUBLISHING GRP 94.10 273914 MINOT LUMBER 23.92 273866 RYAN CHEVROLET INC. 25.18 273915 MINOT PARK DISTRICT 10986.10 273592 SAMMY'S 76.33 273638 MINOT REC COMMISSION 200.00 273593 SANITATION PRODUCTS 171.80 273639 MINOT RESTAURANT SUPPLY 229.35 273869 SANITATION PRODUCTS 369.57 273916 MINOT VETERINARY CLINIC 3696.00 273870 SATROM TRAVEL 4978.25 273917 MISCELLANEOUS A/R 560.00 273843 SCHAEFER SYSTEMS INTERNALTIONAL 125528.11 273640 MN CHILD SUPPORT PAYMENT CENTER 164.74 273697 SCHLECHT, DUSTY 66.30 273641 MN CHILD SUPPORT PAYMENT CENTER 164.74 273974 SCHOCKS SAFE AND LOCK SERVICE 213.84 273642 MOORE ENGINEERING, INC 8530.00 273594 SCHOCKS SAFE AND LOCK SERVICE 1226.55 273918 MOORE, MELANIE 169.00 273595 SCHOLASTIC LIBRARY 614.28 273643 MOWBRAY & SONS 644.00 273871 SCHRIOCK, KERRY 115.50 273919 MUUS LUMBER 29.60 273596 SECURITY PLUS 113.00 273920 MVTL LABORATORIES 352.00 273872 SERTOMA CLUB OF MINOT 200.00 273921 MWH AMERICAS, C/O HMJV A JOINT 15038.95 273873 SIGNS TODAY, INC 103.00 273923 NAGEL, THOMAS 1419.50 273975 SORENSON, JASON 1988.90 273924 NAPA AUTO PARTS 1422.48 273600 SOURCE EQUIPMENT 4716.00 273925 NAPA AUTO PARTS 1052.74 273875 SOURIS BASIN PLANNING COUNCIL 1208.33 273644 NATIONAL PAYMENT CORPORATION 143.68 273876 SOURIS BASIN TRANSPORTATION 44000.00 273645 ND CHAPTER OF IAEI 120.00 273601 SOURIS RIVER JOINT WATER RESOURCE 2386454.02 273927 ND DEPT OF HEALTH 263.65 273602 SOURIS VALLEY READY MIX, LLD 403.50 273646 ND DEPT OF HEALTH 911.00 273877 SOUTH DAKOTA CHILD SUPPORT 187.85 273700 ND DEPT OF TRANSPORTATION 688865.72 273878 SOUTH DAKOTA CHILD SUPPORT 187.85 273976 ND FIREFIGHTER'S ASSOCIATION 100.00 273879 SPENCER, DAVID 967.50 273647 ND MUNICIPAL ATTORNEYS ASSOC 70.00 273603 SPX CORPORATION 62296.13 273928 ND ONE CALL, INC 1362.10 273880 STALHEIM, STEFANIE 90.00 273929 Page | 3 November 5, 2018 Regular City Council Meeting
STAPLES 826.47 273649 VERIZON 2622.03 273951 STAPLES 917.39 273930 VESSCO, INC 1024.67 273676 STATE WATER COMMISSION 262044.51 273650 WAGNER CONSTRUCTION 521087.96 273677 STEIN'S INC. 193.54 273931 WAL MART 23.98 273952 STEVENS EQUIPMENT SUPPLY 84.21 273932 WALTER, DEVIN 137.50 273953 STEVICK BUSINESS SPECIALTIES & WEAR 400.00 273651 WARD COUNTY AUDITOR 5031.95 273678 STEVICK BUSINESS SPECIALTIES & WEAR 16.00 273933 WARD COUNTY AUDITOR 3559.42 273707 STRANDEMO, COLE 178.50 273652 WARD COUNTY AUDITOR 18480.00 273954 STREICHER'S 329.92 273653 WARD COUNTY HIGHWAY DEPT 2288.00 273679 STROKLUND, PAUL 2752.08 273654 WATER ACCOUNT REFUNDS 80.00 273482 SUN LIFE FINANCIAL 46.50 273655 WATER ACCOUNT REFUNDS 27.71 273520 SUPERION, LLC 3820.00 273701 WATER ACCOUNT REFUNDS 68.32 273538 SWANK MOVIE LICENSING 617.00 273656 WATER ACCOUNT REFUNDS 13.38 273572 SWANSON & WARCUP, LTD 6571.84 273934 WATER ACCOUNT REFUNDS 1337.21 273591 SWANSTON EQUIPMENT 554.79 273657 WATER ACCOUNT REFUNDS 175.66 273597 SWANSTON EQUIPMENT 3342.02 273935 WATER ACCOUNT REFUNDS 1793.80 273605 TARGET 50.00 273658 WATER ACCOUNT REFUNDS 50.00 273637 TCH CORPORATE HEADQUARTERS 301.18 273659 WATER ACCOUNT REFUNDS 50.00 273662 TEAM ELECTRONICS INC 132.34 273660 WATER ACCOUNT REFUNDS 8.74 273693 TEAM ELECTRONICS INC 401.00 273936 WATER ACCOUNT REFUNDS 36.62 273694 TERNES, KEVIN 211.10 273661 WATER ACCOUNT REFUNDS 17.05 273698 THIS OLD HOUSE 10.00 273663 WATER ACCOUNT REFUNDS 5.45 273699 THOMSON REUTERS-WEST PAYMENT CENTER 431.70 273664 WATER ACCOUNT REFUNDS 198.13 273706 THOMSON REUTERS-WEST PAYMENT CENTER 252.00 273937 WATER ACCOUNT REFUNDS 2.45 273716 THORSRUD SUPPLY CO., INC. 259.50 273665 WATER ACCOUNT REFUNDS 44.15 273724 TITAN MACHINERY 222.00 273666 WATER ACCOUNT REFUNDS 21.78 273756 TITAN MACHINERY 674.10 273938 WATER ACCOUNT REFUNDS 167.44 273841 TRACTOR SUPPLY CREDIT PLAN 65.88 273667 WATER ACCOUNT REFUNDS 103.47 273867 TRACTOR SUPPLY CREDIT PLAN 787.89 273939 WATER ACCOUNT REFUNDS 15.27 273868 TRANE COMPANY 13633.00 273668 WATER ACCOUNT REFUNDS 3.71 273902 TRANSOURCE TRUCK & EQUIPMENT, INC 70.28 273940 WATER ACCOUNT REFUNDS 30.67 273922 TRANSUNION 152.90 273669 WATER ACCOUNT REFUNDS 3.14 273956 TRANSUNION 25.00 273941 WATER ACCOUNT REFUNDS 21.78 273972 TRAXINGER, JUDY 36.55 273702 WATER ACCOUNT REFUNDS 50.00 273980 TRILLION AVIATION 2000.00 273942 WATERS, PATRICK 20.00 273955 TRINITY HEALTH 10.00 273670 WEGNER, SHAWN 412.60 273680 TRINITY HEALTH 452.78 273943 WEST OAKS ANIMAL HOSPITAL 93.76 273681 TRINITY MEDICAL GROUP 1860.75 273944 WEST OAKS ANIMAL HOSPITAL 91.40 273957 TRUE VALUE MINOT 19.08 273671 WESTERN STEEL AND PLUMBING 1083.44 273682 TURNBULL, DARLA 76.96 273945 WESTERN STEEL AND PLUMBING 153.37 273958 TX CHILD SUPPORT SDU 318.46 273703 WESTLIE FORD 149.50 273683 TX CHILD SUPPORT SDU 318.46 273977 WESTLIE FORD 1176.69 273959 U.S. POST OFFICE 5000.00 273946 WESTLIE TRUCK CENTER 429.87 273684 UNIFORM CENTER 1020.87 273947 WESTLIE TRUCK CENTER 1704.95 273960 UNITED MAILING SERVICE 285.46 273672 WHITESELL, STEVE 486.87 273685 UNITED MAILING SERVICE 291.21 273948 WHITESELL, STEVE 266.05 273961 UNUM LIFE INSURANCE COMPANY OF AMER 11448.42 273673 WHITFIELD, BRIAN & SUSAN 17393.24 273962 UPS STORE #1423 134.95 273949 WILSON-MORRIS, XAVIER ANTWOINE 100.00 273686 USA BLUE BOOK 3002.58 273674 WINNELSON 66.68 273963 VANTAGEPOINT TRANSFER - 30##### 121.16 273704 WSI CLAIM 413.29 273964 VANTAGEPOINT TRANSFER - 30##### 121.16 273978 XEROX CORPORATION 1308.86 273965 VANTAGEPOINT TRANSFER -- 10### 908.72 273705 ZAKIAN, JOHN 1192.67 273966 VANTAGEPOINT TRANSFER -- 10### 908.72 273979 3D SPECIALTIES INC. 1140.46 273687 VERICOM, LLC 440.00 273950 3D SPECIALTIES INC. 1893.00 273967 VERIZON 89.05 273675 TOTAL $6,965,721.80
CHARGE THESE FUNDS: Airport $ 26,131.42 Cemetery 3,539.58 Parking Authority 376.25 Garbage Collection 21,274.42 Landfill 30,171.00 Water/Sewer Storm Sewer Maintenance 11,885.75 Water Supply 61,993.67 Water Distribution 37,655.42 Sewer 23,643.58 Utility Billing 6,772.42
Page | 4 November 5, 2018 Regular City Council Meeting
Replacement 9,013.75 Public Transportation 5,120.92 Library 6,693.83 Auditorium/Recreation 13,948.34 Total Transferred $ 258,220.35
ELECTRONIC PAYMENTS
AFLAC $12,717.89 BCBS 181,926.05 Federal Tax Withholding 334,398.37 State Income Tax 66,894.66 Sales and Use Tax 1,107.38 ND State Disbursement 7,266.74 Deferred Comp 16,324.10 Verendrye Electric 70,057.85 Xcel 148,794.59 MDU 7,861.26 SRT 9,630.29 Verizon 273.24 Credit Card Payments 22,869.36 Mass Mutual 141,538.94 Credit Card Fees 149.90 ND Unemployment 4,629.97 Total 1,026,440.59
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVAL OF PAYROLL – SEPTEMBER 16, 2018 THROUGH OCTOBER 13, 2018 – APPROVED
Alderman Jantzer moved the City Council approve the payroll for the period of September 16, 2018 through October 13, 2018 in the amount of $1,933,656.07.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
PERSONAL APPEARANCES
Mindy Weisse, of 18 25th Street NW, approached the Council for a status update on the pedestrian crossing on 3rd Street SE. She said, her daughter was hit by a car at the crossing and wants to know what is being done to prevent it from happening again.
Lance Meyer, City Engineer, gave a presentation on the 3rd Street SE Pedestrian Crossing. He listed the current concerns with the intersection, including; it is a four lane minor arterial, 30 mph speed limit, old traffic signal at 3rd St/Burdick Expressway, aging pedestrian signal at 3rd Ave with limited capability/in-effectiveness of constant flashers, there are Page | 5 November 5, 2018 Regular City Council Meeting approximately 8,400 Average Daily Traffic (ADT), very wide intersection: 57 feet wide edge to edge, parking on north and south sides of the pedestrian crosswalk and non-compliance with no parking, and it has a medium quality piano bar crosswalk. He then described some potential solutions such as a Rectangular Rapid Flashing Beacon (RRFB) which averages a 23-48% reduction in accidents, Road Diet, which averages a 20-50% reduction in accidents, and 3 Second Pedestrian Lead Phasing, which averages a 59% reduction in accidents and is scheduled to be added at the new Burdick/3rd Street signal after 2020.
The City Engineer continued by describing the current intersection layout and how each of the solutions could be implemented. He mentioned the Highway Safety Improvement Program (HSIP) that the City could apply for. He said, a successful application could result in a 90% Federal Grant 10% local cost share for funding for a Rectangular Rapid Flashing Beacon. Staff could prepare the environmental document and NDDOT would bid the project. It could be done in 2019 and the estimated cost is $27,000 meaning the City/County share would be $2,700. He described other enhancements that can be done to improve striping and rearrange parking spaces to improve sight lines. He also discussed the Urban Grant Program project that is scheduled to take place in 2022. It will rehabilitate 3rd Street NE and SE in the same manner as the downtown improvement project by replacing concrete panels, ornamental street lighting, curb & gutter and sidewalks. A road diet could also reduce the street from four lanes to three lanes while remaining well within the needed capacity. Bump outs similar to those in downtown would also be added which further reduces the number of pedestrian accidents by narrowing the travel distance between sidewalks.
The Council thanked Mr. Meyer for his presentation and authorized staff to proceed with the grant process to make the improvements.
Mayor Sipma also related the incident to the need for local municipalities to have the ability to adjust fines. He said, the fine for disregarding a pedestrian is just $50 and two points on a license. Legislators are considering assessing the issue.
Paul Engeldinger, of 9420 Project Road S, also came forward regarding the pedestrian crosswalk. He said, the presentation from the City Engineer covered most of his concerns but he commented that the crossing needs something to grab drivers’ attention. He suggested adding a crossing sign in the middle of the road where drivers would see it. He also said, the overheard lights only flash during business hours but that should be extended. The Mayor thanked him for his comments.
The City Engineer then introduced new staff members, Emily Huettl, Assistant City Engineer and Stephen Joersz, Traffic Engineer.
MAYOR’S REPORT
The Mayor listed the following meetings and events he attended over the past month: 10-2 Attended Verendrye Electric’s Annual Elected Leaders Dinner 10-3 Met with members of the SRJB regarding flood control 10-3 Met with members of our local state Representations regarding Hub City Funding 10-4 Welcomed the ND Library Association at their State Convention at the Clarion Inn 10-4 Military Affairs Committee 10-4 Met with the a group of Midwives to Sign the Minot Midwifery Week Proclamation 10-8 Through 10-9 Washington DC for the 7th Annual D.C. Triad Conference Hosted by Task Force 21 10-10 Participated in the Marketplace Foods Think Pink where I decorated a cake which was auctioned off for the cause. 10-11 MADC Executive Committee Meeting 10-11 Attended a meeting with local State Legislators regarding the proposed bill regarding Legacy Fund infrastructure bill by Senator Wardner. 10-11 Attended the Domestic Violence Crisis Center’s Stir Up Hope fundraising event 10-12 Stakeholders Task Force Subcommittee 10-17 Spoke at the Minot Sabre Dogs Press Conference regarding the 2019 All-Star Game coming to Minot 10-17 Attended the Minot Chamber of Commerce’s Annual Meeting 10-17 Met with the new Boy Scout District Executive on ideas of further community involvement 10-18 Park and Rec Potential Merger Meeting 10-22 Governor Burgum’s Minot and Main Street initiative visit. 10-22 Task Force 21 Meeting Page | 6 November 5, 2018 Regular City Council Meeting
10-23 KX Online Media Interview 10-23 Spoke to nearly 200 high school students at MSU for the 10th Annual $MRTZ Seminar 10-23 Reconvened the Mayor’s Committee on Addition with another meeting set before Thanksgiving 10-24 Downtown Opportunities Committee 10-25 Attended the Council Retreat in Washburn 10-25 Sat in the Dunk Tank at the Tesoro at Dakota Square to help raise money for Fuel the Fight for the Trinity Health Foundation 10-28 Met the IEDC President & CEO and members of the MADC 10-29 Sky Scopes Ribbon Cutting at their office on Main Street 10-29 City Leadership met with the IEDC President & CEO Jeff Finkle 10-29 IEDC Stakeholders Meeting at Public Works 10-29 Attended the EDND Annual Conference in Minot 10-29 Emcee’d the EDND Award Banquet at the Grand Hotel 10-30 Met with POEM at their business on 3rd St NE 10-30 Committee of the Whole 10-30 Attended the EDND Dinner at Elevation 10-31 Committee of the Whole 11-1 Special City Council Meeting 11-2 Spoke to residents at Edgewood Vista about ongoing activities in Minot and voting 11-3 Emcee’d the Annual Farm Rescue Banquet in Minot at the Clarion Hotel
APPOINTMENTS AND REAPPOINTMENTS – APPROVED
Alderman Olson moved the City Council approve the following Mayoral appointments:
Electrical Board Rob White appointed with a term to expire November 2020 Dayne Braaten reappointed with a term to expire November 2020
MAGIC Fund Julie Drady reappointed with a term to expire November 2021
Zoning Ordinance Steering Committee Pat Graner
Motion seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
CITY MANAGER’S REPORT
The City Manager listed upcoming meetings including: Western Dakota Energy Association Annual Meeting November 7-8, MADC Board Meeting November 8th, Legislative Forum November 13th, NDLC City Manager Forum November 14th, Broadway Bridge ribbon cutting November 15th, Chamber Board Meeting November 20th, Library Merger Committee meeting November 29th and Minot Fire Department Graduation Ceremony November 30th. He also announced that City offices will be closed November 12th and 22nd for holidays.
Mr. Barry then gave a quick update about the Governor’s visit to Minot. Governor Burgum met with City staff and the Mayor and discussed coordinating with the State on important issues. The City Manager said, Minot has a similar vision as the Governor for downtown and one of the issues they focused on was employment challenges for Minot and the rest of North Dakota. He said, the Governor gave some serious input on a few things and seemed receptive. He also emphasized keeping the youth engaged in planning and decision making.
The City Manager then brought up the City Council Retreat. He listed the topics that were discussed and the issues they didn’t get to during the meeting. He then said, staff is proposing a change to the City Council schedule that is different than what was discussed at the Council Retreat. He is recommending the Council meetings for 2019 be held on the first and third Page | 7 November 5, 2018 Regular City Council Meeting
Monday of each month at 5:30 pm, eliminating the Committee of the Whole meetings. The ordinance revisions necessary to make the change can be brought to the December 3rd Council meeting and will require a special meeting in December for second reading. The Council directed staff to move forward with the changes to hold meetings on the first and third Monday.
Next, the City Manager discussed the Legislative Forum that will take place November 13th at 8:30 am. The Council decided on six local topics to be proactive in supporting, three local topics the City will prepare to defend, and ten topics that will be closely monitored during the legislative session. Information is being prepared on the issues to provide legislators with simple notes on the City’s position.
He informed the Council that the North Dakota League of Cities is holding a legislative workshop December 5th which is open to all elected and appointed city and park district officials.
Mr. Barry said, the city of Minot hosted a conference for the Economic Development Association of North Dakota. There were three days of meetings and tours around the city. He announced that Election Day is November 6th and polls are located in the Armory at the Auditorium. The City is also providing free transit throughout the day to help promote voting and give residents the opportunity to try out the city’s public transportation. He mentioned, there is a new transit ticketing machine located at the Auditorium. The new technology is the first in the state and will make transportation more convenient for riders.
The City Manager shared some statistics regarding the NDR program by stating, Minot ranks second in progress among NDR grant recipients. So far, we have spent 21.65% of our funds, which must be expended by September 30, 2022. He explained that acquisitions and affordable housing, which are our two largest activities, have been progressing well which is why we are among the leaders. There has also been considerable legwork done in the other activities but the money hasn’t been spent on them yet, which is why it does not factor into our progress. He then expanded on the progress of NDR projects by saying, approval was granted from SHPO to move forward with the gathering space without any historical restrictions. The environmental review was also completed so the City is ready to begin negotiating with property owners.
He gave construction updates on the Broadway Bridge and the U.S. 83 Bypass. He said, the two year project replacing the Broadway Bridge is nearly complete. Crews are finishing grinding the concrete, placing lights and putting up traffic signals before the ribbon cutting ceremony, November 15th. The City has been working with the NDDOT on the U.S. 83 Bypass which remains on schedule for the two year project. The project is helping to alleviate the traffic burden from town and serves as a major route for over 10,000 vehicles daily. Mr. Barry said, they are encouraging legislators and the Governor to restore funding to continue the widening the Bypass from 4th to Hwy 83. He explained that it is a major corridor for missile movement from the Air Force Base and we were relying on the improvements when we selected the location for Fire Station #5.
The City Manager concluded his report by introducing Maci, the Police Department’s new K-9.
CITY ATTORNEY’S REPORT
The City Attorney submitted a written report.
SUBDIVISION OF BOLTON HEIGHTS 11TH ADDITION, LOT 1-20 – APPROVED
Alderman Jantzer moved the City Council approve a request by Lakeland Dakota Homes, LLC, (Sammy Bonomo), represented by Ackerman Surveying & Associates, Inc. to subdivide Lots 1A thru 19B, Block 13, Bolton Heights 2nd Addition to be known as Bolton Heights 11th Addition, Lots 1-20 subject to the following conditions:
1. Public sidewalks are required along the street frontages. 2. An existing stormwater management plan exists for these parcels but shall be reviewed for any changes by the Engineering Department. 3. Erosion and sediment control required per local and state standards. 4. If water and /or sanitary sewer curb stops are installed based on the original plat and now must be removed or adjusted according to the new plat, the existing stubs must be removed back to the main. Coordinate with Public Works Department Page | 8 November 5, 2018 Regular City Council Meeting
Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5331 - REZONE BOLTON HEIGHTS 11TH ADDITION, LOTS 1-20 FROM R2 & R3 TO R1 – FIRST READING – APPROVED
Alderman Jantzer moved the City Council place ordinance no. 5331 on first reading to change the existing zone from R2 and R3 to R1 Single-Family Residential district on Bolton Heights 11th Addition, Lots 1-20. Motion seconded by Alderman Pitner and carried unanimously.
Alderman Jantzer moved the City Council pass ordinance no. 5331 on first reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
SUBDIVISION OF ELBOW PARK MANOR FIFTH ADDITION, LOT 1 – APPROVED
Alderman Jantzer moved the City Council approve a request by Shane Johnson to subdivide Elbow Manor Addition, Lot 70 and Lot 71 to be known as Elbow Park Manor Fifth Addition, Lot 1 to join two lots together.
Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
AUDITORIUM MAIN ARENA FLOOR REPLACEMENT - FINAL PAYMENTS – APPROVED
Alderman Olson moved the City Council approve the final payment to Dynamic Sports Construction in the amount of $194,365.00 for Resurfacing of the Main Auditorium Arena Floor and approve final payment to EAPC Architects in the amount of $1,733.17 for Architecture Design and Construction Administration of the Main Arena Floor.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVE CHANGE ORDER # 2 REDUCING TOTAL CONTRACT PRICE FOR 2017 DEMO CONTRACT (3755.4) – APPROVED
Alderman Olson moved the City Council approve Change Order #2 with Berger Enterprises, LLC reducing total contract price for the completed 2017 CDBG-DR/CDBG-NDR demolition contract.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVAL ADDING FOUR ACQUIRED BUYOUT STRUCTURES TO CITY'S AUCTION PROGRAM – APPROVED
Alderman Olson moved the City Council add four structures, located at 710 12th Street SW, 601 2nd Ave NE, 821 2nd Ave NE, and 201 6th Street NE, to the City's auction initiative to make available additional funds for other needed property acquisitions.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
AUTHORIZE EMINENT DOMAIN PROCESS FOR INVOLUNTARY BUYOUT PROPERTIES – APPROVED
Alderman Olson moved the City Council authorize Eminent Domain process to commence for acquisition of 404 4th Ave NE, 805 2nd Ave NE, and 612 2nd Ave NE.
Page | 9 November 5, 2018 Regular City Council Meeting
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
PROFESSIONAL CONSULTING SERVICES FOR ACDBE PROGRAM DEVELOPMENT (AIR075) – APPROVED
Alderman Olson moved the City Council approve the Statement of Work from Trillion Aviation to develop an ACDBE program and lease template; and authorize the Mayor to sign any applicable documentation.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
RETAIL LIQUOR & BEER LICENSE – ICE TIME, LLC DBA ACES – APPROVED
Alderman Olson moved the City Council approve the transfer of the retail liquor and beer license from H O Entertainment LLP (dba dae Udder Place Lounge & Casino) to Ice Time, LLC. The City Council also approve the request by Ice Time, LLC dba Aces for the retail liquor and beer license to operate at 1524 S. Broadway, subject to approval by the Police Chief, Fire Marshal and Building Official.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVAL OF CDBG-NDR NON-SUBSTANTIAL AMENDMENT – APPROVED
Alderman Olson moved the City Council approve the CDBG-NDR Non-Substantial Amendment.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
APPROVE ACQUISITION POLICIES AND PROCEDURES TO CEASE USE OF APPEALS COMMITTEES – APPROVED
Alderman Olson moved the City Council approve amending the Involuntary Acquisition Policies and Procedures to cease use of Appeals Committees as being inconsistent with the federal law and causing confusion about the federal required acquisition procedures.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
CITY COUNCIL GUIDANCE ON PURSUING NATIONAL MAIN STREET ACCREDITED STATUS – APPROVED
Alderman Olson moved the City Council direct staff to pursue Main Street accredited status with the national Main Street Center for the downtown.
Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
2018 STREET SEAL DISTRICT FINAL PAYMENT (4310) – APPROVED
Alderman Jantzer moved the City Council approve final payment of $734,521.70 to be paid to Asphalt Surface Technologies Corp. (ASTECH) for the 2018 Street Seal District.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. Page | 10 November 5, 2018 Regular City Council Meeting
2018 WATERMAIN REPLACEMENT – FINAL PAYMENT (CITY PROJECT NO. 4312) – APPROVED
Alderman Jantzer moved the City Council approve the final payment for the 2018 Water Main Replacement Project to Post Construction in the amount of $519,767.47.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
PUBLIC WORKS BUILDING ADDITION – FINAL PAYMENT (CITY PROJECT NO. 3884) – APPROVED
Alderman Jantzer moved the City Council approve the final payment for the Public Works Building Addition Project to Rolac Construction in the amount of $15,000.00.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
RENAISSANCE PARKING STRUCTURE FINAL PAYMENT (3738.1) – APPROVED
Alderman Jantzer moved the City Council approve the final payment to Shaw Lundquist & Associates in the amount of $265,392.51 for the Renaissance Parking Structure.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
CENTRAL PARKING STRUCTURE FINAL PAYMENT (3738.2) – APPROVED
Alderman Jantzer moved the City Council approve the final payment to Shaw Lundquist & Associates in the amount of $275,957.58 for the Central Parking Structure.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5332 - AMENDING SECTION 2-48(A) VACATION AND SICK LEAVE – FIRST READING – APPROVED
Alderman Jantzer moved the City Council place ordinance no. 5332 on first reading amending Section 2-48(A) (Vacation and Sick Leave), Article III (City Officers), Division 2 (City Manager) of the Minot Code of Ordinances. Motion seconded by Alderman Olson and carried unanimously.
City Council pass ordinance no. 5332 on first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
RURAL COMMUNITY GRANT FUND - BOMB K9 PROJECT – APPROVED
Alderman Jantzer moved the City Council grant authorization to apply for and accept the Rural Community Grant for the purchase of a dual purpose police dog for bomb detection and patrol work for the Minot Police Department.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
NAWS ADAPTIVE MANAGEMENT PLAN MOU WITH BUREAU OF RECLAMATION – APPROVED
Page | 11 November 5, 2018 Regular City Council Meeting
Alderman Jantzer moved the City Council approve the MOU with the supplemental letter, as provided by the Bureau of Reclamation and authorize the Mayor to appoint the Public Works Director and Asst. Public Works Director to the AMP team.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
DONATION OF EXPLOSIVE MAGAZINE STORAGE CONTAINER – APPROVED
Alderman Jantzer moved the City Council approve and accept the equipment donation offer from C&J Energy Services Casehold Solutions.
Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5322 - AMEND THE 2018 ANNUAL BUDGET- CITIES OF SERVICE (LIB032, MGR003) – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5322 on second reading to amend the 2018 annual budget to increase library capital revenues and expenditures and decrease general fund planning revenue and expenditures for the Cities of Service Tool Library. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5322 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5323 - REALLOCATION OF THE SECOND PENNY SALES TAX – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5323 on second reading amending and reenacting Section 28 ½ -108 of Chapter 28 ½, Article IV, Relating to a re-allocation of sales and use tax. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5323 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5324 - AMEND THE 2018 ANNUAL BUDGET -FY16 FD SHSG EQUIPMENT - CAPITAL CAMERA (FD0059) – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5324 on second reading to amend the 2018 annual budget to increase the fire capital equipment expenditures and revenue and decrease the fire control expenditures and revenue for purchase of a search camera with the state homeland security grant. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5324 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5325 - AMEND THE 2018 ANNUAL BUDGET- SELF-CONTAINED BREATHING APPARATUS – CAPITAL TO NON-CAPITAL (FD0067) – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5325 on second reading to amend the 2018 annual budget to increase fire control revenues and expenditures and decrease fire equipment capital revenues and expenditures for SCBA’s. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5325 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. Page | 12 November 5, 2018 Regular City Council Meeting
ORDINANCE NO. 5326 - AMEND THE 2018 ANNUAL BUDGET - 2018 K-9, MACI (PD0152) – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5326 on second reading to amend the 2018 annual budget to increase police capital purchase and general fund police travel, education & travel, and operation supplies revenue and expenditures for training expenses associated with Maci, the MPD K-9. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5326 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5327 - UPDATED SNOW PLAN AND REVISED ORDINANCE REGARDING SIDEWALKS – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5327 on second reading to revise Section 28-42 of the City of Minot Code of Ordinances regarding snow removal. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5327 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5328 - AMENDING THE CMCO SECTION 24-64 – ANNUAL LEAVE OF CITY EMPLOYEES – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5329 on second reading amending Chapter 24 (Personnel Code), Article VI (In Service Regulations), Division 1 (In General), Section 24-64, Subsections (A), (B) And (C) of the Code of Ordinances relating to personnel code. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5329 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ORDINANCE NO. 5329 - AMEND THE CMCO LIST OF HOLIDAYS OBSERVED BY CITY EMPLOYEES – SECOND READING – APPROVED
Alderman Pitner moved the City Council place ordinance no. 5328 on second reading amending Chapter 24 (Personnel Code), Article VI (In Service Regulations), Division 1 (In General), Section 24-70, Subsection (A) of the Code of Ordinances Relating to personnel code. Motion seconded by Alderman Jantzer and carried unanimously.
Alderman Pitner moved the City Council pass ordinance no. 5328 on second reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
ADMINISTRATIVE APPROVALS – APPROVED
Alderman Jantzer moved the City Council ratify the following administratively approved requests:
1. Arny’s 2.0 for a special event permit October 6, 2018 at 110 1st St SE 2. Arny’s 2.0 for a special event permit October 28, 2018 at 110 1st St SE 3. Minotauros Junior Hockey Club for special event permits from September 22, 2018 through May 17, 2019 at MAYSA Arena (2501 West Burdick Expy) 4. Atypical Brewery was denied a special event permit for October 6, 2018 at 510 Central Ave E 5. The Blue Rider for a special event permit for October 6, 2018 at 510 Central Ave E 6. Our Redeemer’s Christian School to conduct a raffle November 10, 2018 at Our Redeemer’s Christian School (700 16th Ave SE)
Page | 13 November 5, 2018 Regular City Council Meeting
7. Hockey Programs to conduct raffles from October, 2018 through January, 2019 at MAYSA Arena (2501 West Burdick Expy) 8. Washington Elementary to conduct raffles on October 26, 2018 and April 25, 2019 at Washington Elementary (600 17th Ave SE) 9. Bel Air PTA to conduct bingo, raffles and a calendar raffle through June 23, 2019 at Bel Air Elementary School (501 25th St NW) 10. Minot Area Homeless Coalition to conduct a raffle November 8, 2018 at the Grand Hotel (1505 N Broadway) 11. Dream Catchers to conduct 50/50 raffles during the Minotauros season at MAYSA Arena (2501 Burdick Expy) 12. St Theresa Church of the Little Flower to conduct a raffle November 4, 2018 at Little Flower Church (800 University Ave W) 13. Ebeneezer’s for a special event permit October 21, 2018 at the Dakota Territory Air Museum (100 34th Ave NE) 14. Sports On Tap for a special event permit October 26-28, 2018 at 220 South Broadway 15. Arny’s 2.0 for a special event permit October 27, 2018 at Ann Nicole Nelson Hall (500 University Ave W) 16. Arny’s 2.0 for a special event permit October 19, 2018 at Northwest Art Center (500 University Ave W) 17. Souris Valley Animal Shelter to conduct a raffle December 18, 2018 at Souris Valley Animal Shelter (1935 20th Ave SE) 18. Sons of Norway Foundation to conduct a raffle December 17, 2018 at Sons of Norway Lodge (1020 South Broadway)
Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
LIAISON REPORTS
Alderman Podrygula said, he attended one of the IEDC subcommittee technical meetings where they set guidelines for moving forward.
Alderman Straight attended the Committee on Addiction meeting and emphasized the need to move forward with the plan developed by the former Mayor despite Paul Stroklund stepping down from his position. He also attended the Souris Basin Planning Council and said it is a benefit to the community and he is encouraged by the work done by their staff.
Alderman Wolsky attended the All Seasons Arena Board meeting and said, they are having discussion on finding a way to help contribute to the flood control effort. He also mentioned the IEDC technical groups that are working aggressively on the recommendations that were made.
Alderman Jantzer said, the MADC has rented property at the industrial park to a company working on windmills. They are also pursuing additional companies to occupy the space there.
Alderman Pitner also attended the All Seasons Arena meeting and said he is encouraged by the direction they are taking. He gave an update on the Recreation Board by saying, they are cooperating throughout the discussions on a merger with the Park District and recently have been working on new signage at different locations.
OTHER BUSINESS
Mayor Sipma made an announcement about the Mayor’s Youth Challenge. He explained that it includes three categories: Grades 3-4 will take part in a visual arts challenge to create original artwork with the theme “Illustrate how you feel about living in Minot”. Grades 5-6 will take part in a language arts challenge with the theme “If I were Mayor…” The winner of this category will be named “Mayor for a Day” and will participate in events on the Mayor’s official calendar that day. Grades 7-12 will participate in a video production challenge, with the goal of creating a video commercial between 1 minute and 3 minutes in length that exemplifies why Minot is a great place to live, work, and play.
The winners will be announced during the 2019 State of the City event and will receive a monetary award.
ADJOURNMENT Page | 14 November 5, 2018 Regular City Council Meeting
There being no further business, Alderman Pitner moved the City Council meeting be adjourned. Motion seconded by Alderman Jantzer and carried unanimously. Meeting adjourned at 7:32 pm.
ATTEST: ______APPROVED: ______Kelly Matalka, City Clerk Shaun Sipma, Mayor
Page | 15 Minot City Council Executive Retreat Meeting Minutes October 25, 2018 at 9:00 a.m.
Lewis and Clark Interpretive Center 2576 8th St. SW, Washburn, ND 58577
Meeting Minutes:
The Mayor called the Special City Council Meeting to order at 9:00 a.m. A roll call followed with the following present: Aldermen Podrygula, Olson, Jantzer, Wolsky, Straight, Pitner, and Sipma as well as City Manager Barry. All present, no one absent.
The City Manager welcomed the Council to the meeting and reviewed the agenda and discussed meeting expectations and logistics. The Mayor encouraged frank and constructive discussions. Others expressed interest in focusing on aligning as a team on issues.
The City Manager requested that the Council reflect back over the past 12-18 months to identify and celebrate past accomplishments and successes.
Collaborative Wolsky - Completed two extraordinary budgets.
Sipma – Anticipating and being more proactive on city issues. Courageous leadership of council tackling big issues.
Jantzer – Pleased with increase in community engagement and City is doing much better at communicating.
Pitner – Much improved transparency and communication/information. Likes how the City is using data and presenting facts. The City is doing a better job defending itself with facts. Budget, flood, parking garages, NDPS, 16th Crossing, HUB City, increased relationships with press, Governor, and school. Increased Economic Development and optimism of community.
Mayor – City staff are much more prepared and courageous on defending the City. Staff are using data and facts.
Podrygula – Appreciated staff, invited public involvement and engagement.
Mayor – Recognized that some of our biggest critics have come to defend and support us.
Podrygula – The council is engaged and working much better together, city public processes are vastly improved, community is getting its dollars-worth with the council; the administration is growing and coalescing as a team.
Page 1 of 5 2020 Census
Use churches, other organizations, and military to get the word out about the importance of having everyone counted. Need to get information out that dispels concerns and hesitation to encourage Minot as their primary place of residence. Annexations o Need to ID all “no protested” letters and annex now. o Be aware that we will have to ID the cost of services we would have to provide to newly annexed properties o Tax dollars and CDBG dollars may increase if we reach the Census threshold The Council all agreed to the following annexation approach 1) Study those with “no protest” letters 2) Identify those without letters but get services 3) Do a volunteer survey 4) State Fair Ground: Pursue requesting sales tax from State Fair via annex or a contract.
City Hall
City expecting to receive HUD Waiver soon. Need to conduct a space analysis and plan. Consider existing buildings downtown first.
Parking Garage
Council discussed discounting ticket prices for students. No changes were suggested to consider. Council will reevaluate ticket prices after the Cypress lawsuit concludes.
2 Mile Surcharge for Building Permits
Council discussed the practice and the request by a citizen to change the practice. Council members decided to keep the fee as was established by existing ordinance
Financial Planning and Priorities
Council felt like this topic was discussed in satisfactory detail during the budget process. Podrygula suggested a department-by-department rating of how the department is doing, what it needs, how much dollars we need. Suggestions was made to have a separate meeting from the budget priorities. o Discussed HUB City Funding, Special Legislative Council, Landfill Fee Equity, and City Capital Improvements Plan.
Flood Control Financing
Barry explained SRJB contract and presented the flood control-financing model for the next 5 years. Mayor thinks we need another ½ © of sales tax in 2019. Extensive discussion ensued regarding the financing approach and possibilities.
Page 2 of 5 Concerns were expressed about fundamental fairness of local share contributions and city capabilities. Council concerned that the City is paying more local share than others do and the city is using its bonding capacity for others benefit. Council concerned the City cannot raise enough local share dollars at the current contribution rate to complete the project. Council wants to push SRJB to encourage the collect additional local share dollars from other jurisdictions. o Approach going forward should . Include Jason Zimmerman in conversation. . SRJB should be in lead position. . SRJB should seek additional local dollars. SRJB should get other locals/counties to add a ½ cent o Council agreed that a formal resolution should be drafted stating the City’s concerns and the need for more local share participation was needed. . Want to inform the SRJB first before issuing the resolution. Ongoing operations and management for flood control still not addressed. Who and how to pay for? Council recognized that the City still has enormous municipal needs that will require extensive revenues to overcome. Council expressed concern about placing too much money toward flood control and not having enough for City needs. Beautification adds also a concern (betterments) based on a recent financial modeling and an evaluation of our contract at SRJB. Discussion around the SRJB Contract with the City revealed: o 50% of one penny of sales tax is the City’s contract obligation to SRJB o 27% additional sales tax is collected and put to flood control currently above contracted obligation . Could use the additional amount over the 50% for Flood Control Betterments, River Front and Center, Economic Development, Flood Control Operations and Management, City needs, etc. Approach to SRJB: o SRJB needs to develop a financial plan and model to determine their solvency. . Request they pursue that work . Then request a Council resolution be made to get the public informed and put SRJB on notice that no more dollars will go to the project above 50% of one penny on January 1, 2020 unless/until they can get more local share contributions from others. o Cite the city’s financial challenges and projections. o Council wanted the City Manager and Mayor to communicate this in person to the SRJB Leadership at their next internal meeting.
Economic Development
Discussion of modifying the Community Development Director position to a Community and Economic Development Director position. o Adding skills and capabilities to the City team will be an advantage to economic development for Minot and help fill gaps. MADC, Visit Minot, Chamber of Commerce may not be overly concerned provided it doesn’t conflict with what they currently do. Council approved changing the CDD to C& EDD and providing some flexibility in job
Page 3 of 5 Mergers/Consolidations
Updates provided by the Chairs of the Parks and Rec Merger Committee and the Library Merger Committee. Work continues on both fronts.
Customer Service
Barry presented the preliminary draft of the City’s new Customer Service Program. Podrygula has a huge interest in and experience and was grateful for the progress but has long felt the City is behind the ball on customer service efforts. Bismarck employees get 4 hours training at their hiring. Podrygula would like to have council members be asked for expertise. Council would like to put customer service standards on a future COW meeting for discussion
Open Meetings
Discussion was had about open meetings laws and procedures. Several scenarios were discussed. Council was discouraged from creating quorums at Planning Commission and other Committee Meetings due to noticing and to prevent potential open meetings law violations. The group also discussed ex parte communications and quasi-judicial communications. Council recommended the Planning staff identify Quasi-Judicial items on the Planning Commission Agenda to avoid the possibility of ex parte communications.
Council Pay
Council discussed Council and Mayoral pay and benefits and compared them to other benchmarks. It is clear that Minot Council members are under-compensated. Council would like their Salary Survey updated in early 2019 and for recommendations to be made and included in the 2020 Budget.
Council Media Requests
City Manager and Mayor discussed Council media inquiries/requests. Mayor encouraged all council members to be careful about how they represent the City and to use and work through Derek for formal City positions on issues. City Manager cautioned Council Members to be conscientious about and detail whether their statements are personal or formally represent the City’s interests.
Agenda Setting
All Council members were encouraged to honor deadlines for submitting agenda memos/items. o Staff and the public need adequate time to prepare Podrygula wants new and other business sections on agenda but that may not be necessary since the Council agreed that it wants staff to put whatever council wants on the agenda as opposed to having it vetted by the CM and Mayor.
Page 4 of 5 Council Meeting and Schedule/Structure
Discussed and recommended going to 5:30 p.m. twice a month City Council Meetings and eliminating COW Meetings. (2nd and 4th Tuesday) CM to review and ensure no conflicts prior to bringing forth an Ordinance change.
Ombudsman Discussion
Briefly discussed as time was running short. Who should respond, how to record issues and the need for a formal process were topics identified for future conversation.
The Council was unable to get through the entire agenda and urged the City Manager to schedule a Special City Council Meeting to discuss the Legislative Issues and Priorities topic within a week because of the urgency surrounding the rapidly approaching Legislative Forum the City has scheduled with area legislators for November 13th.
Motion made by Pitner to adjourn and seconded by Jantzer. A roll call followed with the following Ayes: Aldermen Podrygula, Olson, Jantzer, Wolsky, Straight, Pitner, and Sipma as. All agreed. The Council adjourned at 5:31 p.m.
Page 5 of 5 November 1, 2018 Special City Council Meeting
MINOT CITY COUNCIL - SPECIAL MEETING – NOVEMBER 1, 2018 at 2:00 PM
ROLL CALL:
Members Present: Sipma, Jantzer, Olson, Pitner, Straight, Wolsky
Members Absent: Podrygula
Mayor Sipma presiding and led the Council in the Pledge of Allegiance.
City Manager, Tom Barry, introduced Shane Goettle, Special Assistant City Attorney and welcomed the legislators in attendance.
DISCUSSION OF LEGISLATIVE ISSUES
The Mayor and City Manager led a discussion on legislative issues while considering input from the Department Directors and City Council. They prioritized a list of topics for which staff will create position papers to distribute to legislators. The following topics were discussed and categorized:
PROACTIVE TOPICS - The following issues have been identified as topics upon which the City Council would like to advance a proactive position: Legacy Fund – Grant/Low Interest Loan Infrastructure Fund, Flood Control Funding, Hub Cities Funding, Highway 83 Bypass Construction Project, Home Rule Restrictions, and Workforce Shortages.
DEFENSIVE TOPICS - The following issues have been identified as topics upon which the City Council would like to advance a defensive position: Special Assessments, Property Tax Limits, and Asset Forfeiture.
There were several other topics considered “Worth watching” but did not warrant active participation at this time. Some of those issues include: NAWS appropriations, Main Street Initiative, Medical Marijuana, Sunday Retail Restrictions, the SIRN Project, and ethics standards.
Following discussion, the City Manager said, staff will write papers on the nine issues considered proactive or defensive and will distribute them for discussion at the November 13th special City Council meeting.
ADJOURNMENT
There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Olson and carried unanimously. Meeting adjourned at 4:13 pm.
ATTEST: ______APPROVED: ______Kelly Matalka, City Clerk Shaun Sipma, Mayor
Page | 1 November 13, 2018 Special City Council Meeting
MINOT CITY COUNCIL - SPECIAL MEETING – NOVEMBER 13, 2018 at 8:30 AM
ROLL CALL:
Members Present: Sipma, Jantzer, Olson, Pitner, Podrygula, Straight, Wolsky
Members Absent: None
Mayor Sipma presiding and led the Council in the Pledge of Allegiance.
ORDINANCE NO. 5330 - AMEND THE ZONING CODE – SECOND READING – APPROVED
Alderman Wolsky moved the City Council place ordinance no. 5330 on second reading amending the Zoning Ordinance Chapters 2, “Definitions,” Section 2-1,” Definitions”, and Chapter 16, “P, Public Zone”, in its entirety, and Chapter 30, “Administrative Procedures”, Section 30-5, “Text Amendments and Zoning District Changes. Motion seconded by Alderman Podrygula and carried unanimously.
Alderman Wolsky mentioned, the word “proposed” should be removed from Chapter 30-5 (f) (4).
Alderman Wolsky moved the City Council pass ordinance no. 5330 on second reading. Motion seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.
DISCUSSION OF LEGISLATIVE ISSUES
The City Manager introduced area Legislators as well as City staff. Legislators in attendance included Representative Dan Ruby, Senator Karen Krebsbach, Senator Oley Larsen, Senator Randy Burckhard and new elected representatives, Jeff Hoverson, Bob Paulson and Jay Fisher.
Draft position papers were provided and discussed individually.
The Proactive topics discussed included: Legacy Fund – Grant/Low Interest Loan Infrastructure Fund, Flood Control Funding, Hub Cities Funding, Highway 83 Bypass Construction Project, Home Rule Restrictions, and Workforce Shortages.
The Defensive Topics discussed included: Special Assessments, Property Tax Limits, and Asset Forfeiture.
ADJOURNMENT
There being no further business, Alderman Pitner moved the City Council meeting be adjourned. Motion seconded by Alderman Wolsky and carried unanimously. Meeting adjourned at 11:46 am.
ATTEST: ______APPROVED: ______Kelly Matalka, City Clerk Shaun Sipma, Mayor
Page | 1 November 2018
A £ R ROOFING CO., INC. 2723.00 274289 CITY OF MINOT 100.00 274018 A—i EVANS SEPTIC TANK SERVICE 320.00 273983 CITY OF SAINT PAUL 710.00 274313 A—i EVANS SEPTIC TANK SERVICE 320.00 274574 CLUTE OFFICE EQUIP. 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SERVICE 45,00 274321 AMERIPRIDE 70.33 273991 D & J EQUIPMENT SALES & SERVICE, 82.95 274022 AMERIPRIDE 70.33 274295 DACOTAN PAPER CO. 1152,65 274023 AMERIPRIDE 70,33 274583 DACOTAN PAPER CO. 1676.93 274322 AMERITAS LIFE INSURANCE CORP 2780.59 273992 DACOTAN PAPER CO. 1216.15 274608 APEX ENGINEERING GROUP 77285.84 273993 DAKOTA ASPHALT PAVEMENT ASSOC 350.00 274323 APEX ENGINEERING GROUP 37402.82 274296 DAKOTA ASPHALT PAVEMENT ASSOC 1350.00 2746D9 APEX ENGINEERING GROUP 48198.80 274536 DAKOTA FENCE 1875.00 274610 AQUA—PURE INC 25287.28 274297 DAKOTA FIRE EXTINGUISHER 706.13 274024 ARROWHEAD ACE HARDWARE 78.50 273994 DAKOTA FIRE EXTINGUISHER 1029.07 274324 ARROWHEAD ACE HARDWARE 45.73 274298 DAKOTA FLUID POWER, INC 354.88 274025 ASTECH 734521.70 273995 DAKOTA FLUID POWER, INC 1143.15 274325 ASTECH 14957.90 274299 DAKOTA FLUID POWER, INC 4.50 274611 AT&T 4351.23 274538 DAKOTA OUTDOOR ADVERTISING LLC 450.00 274612 AUTOMATIONDIRECT,COM 300.00 274300 DAKOTA SUPPLY GROUP 26.57 274613 AUTOMATIONDIPECT.COM 99.00 274584 DAKOTA TRUCK S FARM 24.82 274326 BAKER & TAYLOR BOOKS 5105.97 273996 DAKOTA TRUCK & FARM 38.80 274614 BAKER £ TAYLOR BOOKS 6442.67 274301 DAXOTALAND AUTOGLASS 395.00 274327 BAKER & TAYLOR BOOKS 3384.60 274585 DAXOTALAND A.UTOGLASS 245.00 274615 BAKKE GRINOLDS WIEDERHOLT 1214.60 274302 DAVIS, LAURIE 180.40 274026 BAXKE GRXNOLDS WIEDERNOLT 207.90 274539 DC ENTERTAINMENT 1500.00 274027 BARRY, TOM 187.03 274540 DELI, MARKETING L.P. 19253.21 274329 BATTERIES PLUS BULBS #639 84.45 273997 DELTA DENTAL OF MINNESOTA 13893.14 274028 BATTERIES PLUS BULBS #639 135.78 274303 DEMCO 78.82 274029 BAUER, KATHERINE 58.86 273998 DIG IT UP BACKHOE SERVICE 636.27 274030 BECHTOLD PAVING 3491.12 273999 DIG IT UP BACKHOE SERVICE 5183.99 274330 BECHTOLD PAVING 14739.33 274304 DIG IT UP BACKHOE SERVICE 971.99 274616 BECHTOLD PAVING 1083.00 274541 DIVISION OF MOTORIST SERVICES 10.00 274546 BECMTOLD PAVING 545005.96 274586 DMV RECORD SERVICES (OREGON) 3.00 274031 BECK, KYlE 24.50 274000 DOC 451.00 274032 BERG, HONDA 282.00 274001 DOMESTIC VIOlENCE CRISIS CENTE 3000.DO 274033 BERGER ENTERPRISES, LLC 66616.52 274D02 DOMESTIC VIOLENCE CRISXS CENTE 1888.62 274331 BEST BUY BUSINESS ADVANTAGE ACCOUNT 209.99 274003 DORSEY & WHITNEY 26865.21 274547 BLDYER, JAY 178,52 274004 DOUBLE J CONSTRUCTION & SNOW REMOV 5692.00 274617 BLUE CROSS BLUE SHIELD 141020.70 274005 DPC INDUSTRIES, INC. 1992.00 274034 BLUETARP FINANCIAL, INC 275.95 274305 DPC INDUSTRIES, INC. 3984.00 274618 BLUETARP FINANCIAL, INC 303.53 274587 DR TRANSPORT, INC 9272.56 274548 BOLDUC, DAVID 772.50 274542 DR TEANSPORT, INC 6798.36 274619 BOLTON, EDWARD T 100.00 274006 DUCHSHERER, JOSH 11,00 274035 BORDER STATES ELECTRIC SUPPLY 872.73 274306 DXP ENTERPRISES, INC 1589.49 274332 BORDER STATES ELECTRIC SUPPLY 38.66 274588 DYNAMIC SAWING & CORING, LLC 354.00 274333 BOUND TO STAY BOUND 339.75 274307 EAPC ARCHITECTS 2212.13 274036 BOUND TREE MEDICAL 241.39 274308 EAPC ARCHITECTS 202D.33 274334 BOUND TREE MEDICAL 1957.05 274589 EAPC ARCHITECTS 2217.48 274620 BOWLES, AARON 8 82.50 274590 EBSCO INFORMATION SERVICES 42.74 274621 BOYKO, CARLI NICOL 40.00 274007 ECOLAB 367.43 274335 BRANDT, KELLY 48.50 274008 ECOLAB 512.02 274622 BROWN, ROBBY 88.00 274009 EDND 200.00 274273 BURLINGTON ELECTRIC 103500.00 274010 ELDORADO NATIONAL — CALIFORNIA 1580.24 274037 BURLINGTON ELECTRIC 300.36 274591 ELDORADO NATIONAL — CALIFORNIA 424317.34 274623 BUTLER MACHINERY CO. 3022.55 274311 ELICH, TRAVIS 290.00 274038 BUTLER MACHINERY CO. 1405.65 274592 ELITE GLASS, LLC 300.00 274039 C&C PLUMBING AND HEATING 127.50 274011 ELLXNGSDN, CORY 2365.00 274336 C&C PLUMBING AND HEATING 522.50 274593 EMERGENCY AUTOMOTIVE TECHNOLOGIES 824.52 274040 CALLYO 2009 CORP 2040,00 274594 EMERGENCY AUTOMOTIVE TECHNOLOGIES 126.11 274337 CARSWELL, PAMELA 35.86 274012 ENERBASE 52580.6S 274063 CASAREE, JR, AND8ES 71.50 274595 ENERBASE 45431.06 274359 CDM SMITH 311167.25 274312 ENERBASE 33952.78 274645 CDV GOVERNMENT INC 385.43 274013 ENGAGED PATRONS 95.00 274646 CDV GOVERMMENT INC 174.28 274596 ENVIRONMENTAL PRODUCTS & ACCESS 278.91 274064 CELLE8RITE USA, CORP .00 274014 ENVIRONMENTAL TOXICITY CONTROL INC 475.00 274D65 CELLEBRITE USA, CORP 3700.00 274270 EPIC SOLUTIONS 55.82 274066 CENGAGE lEARNING/GALE 23,24 274015 ERA/ENVIRONMENTAL RESOURCE ASSOCIA 256.14 274647 CENGAGE LEARNING/GALE 3358.18 274597 ESSENTIAL LIVING INC., 47350.95 274067 CHRISTIANSON HEATING & AIR 332.55 274598 ESSENTIAL LIVING INC., 120585.25 274648 CHRISTOPHER A. CARLSON 666.19 274271 ETHANOL PRODUCTS 4157.40 274068 CHRISTOPHER A. CARLSON 253.95 274543 ETHANOL PRODUCTS 4832.47 274360 CIRCLE SANITATION 750.75 274017 ETSYSTEMS 345.80 274069 CIRCLE SANITATION 6.31 274286 FACTORY MOTOR PARTS 1439.72 274070 CIRCLE SANITATION 312.00 274599 FACTORY MOTOR PARTS 1076.39 274362 November 2018
FACTORY MOTOR PARTS 127.69 274649 HOMESTEADERS RESTAURANT 135.00 274392 FARSTAD OIL CO 2010.00 274071 HOMESTEADERS RESTAURANT 58.15 274673 FARSTAD OIL CO 1176.25 274650 HOUCHEN BINDERY, LTD 42.00 274393 FASTENAL COMPANY 239.43 274072 HOUSTON ENGINEERING, INC 148776.65 274109 FASTENAL COMPANY 86.81 274363 HOUSTON ENGINEERING, INC 60869.91 274394 FASTENAL COMPANY 20.71 274651 HOUSTON ENGINEERING, INC 29639.36 274674 FBI—LEEDA 50.00 274364 HOWARD & BORKTJS LAW GROUP 50.00 274395 FEDERAL EXPRESS 154.13 274365 HP INC 1005.00 274110 FEDERAL EXPRESS 94.67 274652 HUETTL, EMILY 670.00 274552 FENNELL, SHAE 1510.00 274073 IDEAL MANAGEMENT, INC 920.00 274111 FERGUSON ENTERPRISES, INC 119,59 274653 INFOPMATION SYSTEMS CORP 565.00 274112 FERGUSON WATERWORKS #2516 4950.41 274074 INFoRMATION SYSTEMS CORP 8007.00 274396 FERGUSON WATERWORKS #2516 9666.23 274366 INFOmo~TION TECHNOLOGY DEPARTMENT 2828.54 274398 FERGUSON WATERWORKS #2516 305.13 274654 INNOVATIVE CONCRETE 12800.00 274113 FIDELITY SECURTIY LIFE 2237.61 274075 INNOVATIVE OFFICE SOLUTIONS LLC 49.25 274114 FINDAWAY WORlD, LLC 1478.42 274076 INNOVATIVE OFFICE SOLUTIONS LLC 15.99 274399 FINDAWAY WORLD, LLC 1155.82 274367 INTERNATIONAL ACADEMIES OF EMERGEN 50.00 274675 FINFEN, CHAD 11.00 274077 INTERNATIONAL ASSN. OF 370.00 274115 FIRE EQUIPMENT CO. 108.00 274078 INTERNATIONAL ASSN. OF 210.00 274676 FIRE SAFETY USA, INC 210.00 274079 INTERNATIONAL CODE COUNCIL, INC 138.00 274400 FIRE SAFETY USA., INC 62.00 274368 INTERSTATE BATTERY SYSTEM 469.80 274116 FIRE SAFETY USA, INC 141.00 274655 INTERSTATE BATTERY SYSTEM 87.94 274401 FIRST COLLECTIONS INC. .00 274274 INTERSTATE BATTERY SYSTEM 222.91 274677 FIRST DISTRICT HEALTH UNIT 28750,00 274656 INTOXIMETERS, INC 180.00 274402 FIRST LUTHERAN CHURCH OF HINOT 668.50 274549 1PM PROPERTY MANAGEMENT 500.00 274117 FIRST WESTERN INSURANCE 345.D0 274369 J C PENNEY CO 59.99 274118 FIRST WESTERN INSURANCE 590.00 274657 J C PENNEY CO 50.99 274678 FLAIL—MASTER 242.00 274080 JERRY’S REPAIR & ALIGNMENT 85.00 274119 FLEEININD SOLUTIONS INC 1987.50 274081 JERRY’S REPAIR & ALIGNMENT 85.00 274403 FLEEIT4IMD SOLUTIONS INC 1987.50 274370 JERRY’S REPAIR £ ALIGNMENT 85.00 274679 FLEXIBlE PIPE TOOL COMPANY 740.75 274658 JESSEN ROOFING, INC. 13060,00 274120 FORKLIFTS OF MINNESOTA, INC 58.45 274083 JU MEDICAL SUPPLY 32.48 274121 FORKLIFTS OF MINNESOTA, INC 360.76 274371 .31! MEDICAL SUPPLY 328.10 274680 FRENCH, JOHN 249.90 274084 JOERSE, STEPHEN 109.00 274404 FUSION AUTOMATION INC 10131.20 274085 JOHN BEAN TECHNOLOGIES CORP — OGDEN 896.56 274122 G & P CO3Q4ERCIAL SALES 321.29 274086 JOHNSON CONTROLS 886.40 274123 G & P CO)T4ERCIAL SALES 126.10 274372 JOHNSON CONTROLS 12231.49 274681 S S P CO8~1ERCIAL SALES 469.42 274660 JOHNSON, PENNY 87.00 274124 GAFFANEYS 507.80 274373 JUENGER, BRYAN 4470.25 274125 GAFFANEYS 139.90 274661 JUNDT, LISA 147.00 274126 GARD SPECIALISTS COMPANY 533.29 274087 JUNDT, LISA 6.70 274275 GEFROH ELECTRIC 1092.30 274088 JUNDT, LISA 150.00 274682 GEFROM ELECTRIC 685.10 274662 K MART 170.00 274127 GENERAL TRADING 1948.36 27409D K MART 25.17 274683 GENERAL TRADING 1145.93 274374 KADRMAS, LEE & JACKSON (8ISbW~RCK) 4750.00 274128 GENERAL TRADING 177.23 274663 KADRNAS, LEE & JACKSON (BISMARCK) 88420.23 274684 GERDAU AMERISTEEL 1026.03 274091 KALIX 35.52 274129 GERDAU AMERI5TERL 105.82 274375 KALIX 36.63 274405 GOETTLE, SHANE C 3500.00 274092 KALIX 66.23 274685 GOETTLE, SHAME C 3500.00 274664 FELLER PAVING AND LANDSCAPING 35059.72 274130 GOODMAN, DAVID 20.97 274093 FELLER PAVING AND LANDSCAPING 48896.35 274686 GOODMAN, DAVID 78.75 274376 KELLY, KEVIN 11.00 274131 GRAINGER 515.00 274377 KEVIN’S PLUMBING & HEATING 256.41 274406 GPAND FORKS FIRE EQUIPMENT 373.68 274378 EEVIN~ S PLUMBING & HEATING 185.78 274553 GRAND FORKS FIRE EQUIPMENT 309.53 274665 KIMBALL HIDWEST 317.75 274132 GRANITE SPRINGS CO. 15.00 274094 KIMBALL, MICHELLE 85.00 274276 GRANITE SPRINGS CO. 143.00 274379 KIWANIS CLUB OF MINOT 100.00 274554 GRANITE SPRINGS CO. 91.00 274666 MC BOLD 77.50 274687 GRAVEL PRODUCTS, INC. 3182.54 274095 KYLE’S KATERING 145.21 274555 GRAVEL PRODUCTS, INC. 5272.47 274380 L-TRON CORPORATION 26.50 274409 GRAVEL PRODUCTS, INC. 3832.65 274667 LAIWFIELD, DAVID 87.00 274410 GRAYBAR 109.45 274381 LAKODUK, ROSS 220,00 274133 GREAT PLAINS TECHNICAL SERVICES 676.50 274096 LANDMARK STRUCTURES 37000.00 274689 GREENHECK, SUE 87,00 274097 LARSON, CALLIE 239.00 274690 GREFF, LEEANN 90.00 274382 LAUDENSCHLAGER, ERIK 25.00 274411 GUERTON, KRISTIN 220.00 274098 IEADSONLINE 3468.00 274412 GUERTON, KRISTIN 331.54 274383 LEARNING OPPORTUNITIES, INC 2805.80 274134 MAALAND, JAY 16.50 274099 LENCO ARMORED VEHICLES 3672.45 274135 HAALAND, JAY 481.37 274384 LHOIST NORTH AMERICA OF MISSOURI 26254.08 274414 HACH 91.38 274385 LMOIST NORTH ANERICA OF MISSOURI 16701.44 274692 HA144ER, STUART 88.00 274100 LOCATORS S SUPPLIES 38.30 274693 HAMPTON INN G SUITESBISEO.RCK 10D4.40 274668 LOBES PRINTING, INC. 359,95 274416 HARLEYS 11.98 274101 LOWES PRINTING, INC. 1952.83 274694 HARLEYS 15.98 274386 M & S SHEET METAL, INC. 1963.71 274417 BARLOW’S BUS SALES INC. 64.25 274387 M & S SHEET METAL, INC. 2548.54 274556 HARLOW’S BUS SALES INC. 41100.00 274669 M&T FIRE AND SAFETY INC 341.00 274418 HAWKINS, INC 1964.40 274103 MACS INC 388.97 274136 HAWKINS, INC 425.00 274388 MACS INC 98.94 274419 HAWKINS, INC 10227.50 274670 MADC 24.00 274695 HElMS & ASSOCIATES 200D.00 274104 MAGIC CITY GARAGE DOOR COMPANY 120.00 274137 HERC—U—LIFT INC MINOT 6.92 274550 MAGIC CITY GARAGE DOOR COMPANY 355.88 274420 HIGMT CONSTRUCTION 125160.28 274105 HAMONEY, ROBERT 4596.70 274557 HOLIDAY GAS STATION 50.00 274106 MAIN ELECTRIC CONSTRUCTION 2211.68 274138 MOLT, GABRIEL 740.00 274551 MAIN ELECTRIC CONSTRUCTION 233.00 274421 HOME DEPOT CREDIT SERVICES 365.77 274107 MAIN ELECTRIC CONSTRUCTION 686,71 274697 HOME DEPOT CREDIT SERVICES 299.45 274390 MARCO, INC 221.49 274139 HOME OF ECONOMY 163.16 274108 MARCO, INC 196.50 274140 HOME OF ECONOMY 1452.39 274391 NARCO, INC 175.00 274422 HOME OF ECONOMY 589.95 274672 MARCO, INC 221.49 274698 November 2018
MARCO, INC 175.00 274699 ND CHILD SUPPORT 50.00 274734 HARKETPI.ACE FOODS 42.94 274141 ND DEPT OF HEALTH 16.48 274735 MARKETPLACE FOODS 124.55 274423 ND DEPT OF TRUST LANDS 2976.05 274178 MARKETPLACE FOODS 42.58 274700 ND FIREFIGHTER’S ASSOCIATION 100.00 274736 MARKETPLACE FOODS ARROWHEAD 9.38 274424 ND HOUSING FINANCE AGENCY 1479.83 274179 MARKETPLACE FOODS SOUTH BROADWAY 8.76 274425 ND ONE CALL, INC 825.55 274454 MARKETPLACE NORTH 518.95 274426 ND PARKS AND RECREATION 150.00 274455 MARKETPLACE NORTH 42.43 274701 ND STATE BOARD OF LAW EXAMINERS 772.14 274737 HARMON, SHANNON 48.50 274142 ND STATE PLUMBING BOARD 75.00 274738 HARSH PROPERTIES LLC 6558.00 274558 ND WATER USERS ASSN. 200.00 274456 MARTINSON, ROD 500.00 274144 NET TRANSCRIPTS 2920.83 274180 MARTISEN, DELLA & OLIVIA CHRISTMAS 20.00 274427 NICOLAISEN, CLEO 108.95 274181 MATERIAL TESTING 2529.50 274145 NICOLAISEN, CLEO 57 .66 274279 MATERIAL TESTING 5035.75 274428 NICOLAISEN, CLEO 109.38 274563 MAYER, DAVID 701.00 274559 NOBDELL, DR. MARGARET .00 274564 MCKIEEEN, JASON 87.00 274146 NORDELL, DR. MARGARET 759.50 274739 MDU 2454.90 274702 NORTH CENTRAL RENTAL £ LEASING 15525.00 274457 MEl TECHNOLOGIES 437.50 274147 NORTH PRAIRIE RURAL WATER 73.45 274182 MEl TECHNOLOGIES 600.00 274429 NORTH PRAIRIE RURAL WATER 50.48 274458 HEI TECHNOLOGIES 951.00 274703 NORTHERN BRAKE 130.00 274459 NENARDS 2793.29 274150 NORTHERN BRAKE 11.95 274740 MENARD5 136.79 274277 NORTHERN PI.AXNS EQUIPMENT CO., INC. 139.00 274183 MENARDS 1103.51 274431 NORTHERN PLAINS EQUIPMENT CO., INC. 2105.89 274460 MENARDS 1264.97 274706 NORTHERN PLAINS EQUIPMENT CO., INC. 38.81 274741 MEYER, LANCE 19.00 274151 NORTHERN TESTING 196.00 274184 MEYER, LANCE 200.00 274707 NDRTHERN TESTING 156.00 274742 MICROSOFT CORPORATION 1688.96 274432 NDRTHWEST PROJECTOR 54.00 274461 MIDCONTINENT CCMBUNICATIONS 138.90 274433 NORTHWEST TIRE AND RETREAD 1961.18 274186 MIDSTATES WIRELESS, INC 312.50 274152 NORTHWEST TIRE AND RETREAD 13584.41 274463 MIDSTATES WIRELESS, INC 312.50 274708 NORTHWEST TIRE AND RETREAD 6799.92 274744 MINOT AESOC. OF BUILDERS 550.00 274434 NOVA FIRE PROTECTION CO. 8608.00 274464 MINOT AUTO 1633.82 274158 DAEWELLS COMMUTER RAIL LLC 398.84 274465 MINOT AUTO 1742.91 274439 OCLC 1309.30 274466 MINOT AUTO 548.82 274711 OFFICE DEPOT 413.97 274187 MINOT AUTOMOTIVE CENTER 518.35 274159 OFFICE DEPOT 514.93 274467 MINOT AUTOMOTIVE CENTER 1141.08 274440 OFFICE DEPOT 176.51 274745 MINOT CHA)SER OF COMMERCE .00 274160 OFFICE FURNITURE RESOURCES 7177.00 274188 MINOT CHAMBER OF COMMERCE 260.00 274287 OIAN, DAVID 11.00 274189 MINOT CHAMBER OF COMMERCE 150.00 274441 OLSDN, JASON 374.44 274746 MINOT CITY AUDITOR 28.25 274161 OLSON’S TOWING 255.00 274190 MINOT CITY AUDITOR 56.36 274712 OLSON’S TOWING 2715.00 274469 MINOT COMMISSION ON AGING 12500.00 274713 OLSON’S TOWING 180.00 274747 MINOT CONVENTION&VISITORS BUR. 34228.79 274162 OVERHEAD DOOR CO. OF MINOT 871.50 274191 MINOT CONVENTION&VISITORS RUR. 33605.21 274560 OVERHEAD DOOR CO. OF MINOT 2865.10 274471 MINOT COMVENTION&VISITDRS SHE. 7137.44 274714 OVERHEAD DOOR CO. OF MINOT 42.00 274748 MINOT DAILY NEWS 580.98 274163 PACE — BILLINGS MT 115666.74 274749 MINOT DAILY NEWS 2286.85 274717 PAPPENFUS, MATTHEW 937.42 274192 MINOT ELECTRIC 1741.73 274442 PAPPENFUS, MATTHEW 404.44 274750 MINOT FIRE RELIEF ASSN. 150608.42 274718 PARK CONSTRUCTION 446196.94 274565 MINOT HIGH GIRLS CROSS COUNTRY 450.00 274164 PARTY CITY 55.94 274472 MINOT LUMBER 1443.86 274165 PEPSI—COLA BOTTLING COMPANY 1638.12 274473 MINOT LUMBER 112.64 274719 PEPSI—COLA BOTTLING COMPANY 1277.00 274751 MINOT PARK DISTRICT 155594.76 274166 PETERSON, AARON 704.55 274193 MINOT PAVING 56557.26 274443 PHYSIO-CONTROL CORP. 952.20 274752 MINOT PLUMBING&HEATING CO INC 710.00 274167 FIKKA, JOSHUA 244.00 274194 MINOT PLUMBING&HEATING CO INC 150.00 274444 PKG CONTRACTING, INC. 1D548O.OD 274195 MINOT RESTAURANT SUPPLY 15.00 274168 PKG CONTRACTING, INC. 240331.09 274474 MINOT RESTAURANT SUPPLY 40.70 274445 POST BOARD 90.00 274196 MINOT VETERINARY CLINIC 3228.00 274721 POST CONSTRUCTION COMPANY 519767.48 274197 MISCELLANEOUS AIR 97.00 274102 POSTMEDIA PAYMENT CENTRE 690.36 274753 MISCELLANEOUS AIR 390.00 274153 PRAIRIE SUPPLY 57.99 274199 MISCELLANEOUS AIR 1200.00 274293 PRAIRIE SUPPLY 502.48 274754 MISCELLANEOUS A/R 330.00 274544 PRAXAIR DISTRIBUTION, INC. 85.59 274755 MITERL & SONS, INC 600.00 274446 PREFERRED CONTROLS CORP 60.50 274200 MB CHILD SUPPORT PAYMENT CENTER 164,74 274278 PREFERRED CONTROLS CORP 11030.00 274476 MB CHILD SUPPORT PAYMENT CENTER 164.74 274561 PRINGLE & MERIGSTAD, P.C. 1069.75 274201 MONARCH PRODUCTS COMPANY 60.00 274169 PRINGLE & HRRIGSTAD, P.C. 1733.95 274477 MONLEY, RANDI 14.93 274170 PRINGLE & MERIGSTAD, P.C. 203.00 274756 M0NTANA~’DAEOTA UTILITIES CO 11624.63 274447 PROCOLLECT 165.37 274202 MOORE, MELANIE 74.00 274171 PROCOLLECT 121.83 274478 MOORE, MELANIE 52.00 274722 PROCOLLECT 603.66 274757 MORELLI’S DISTRIBUTING INC. 1899.05 274172 PROVIDENT LIFE & ACC INS CO 665.34 274203 MORELLI’S DISTRIBUTING INC. 918.78 274448 PRUITT, TOM 12OD.OO 274758 MORELLI’S DISTRIBUTING INC. 161.05 274723 PURKEY, I~NNETH & NORA MORAN 2250.00 274479 MOWBRAY & SONS 1597.00 274173 QUALITY INN’BISMARCK 338.40 274204 MOWERAY SONS 1753.13 274449 R & R INDUSTRIES, INC 575.40 274205 MOWRRAY & SONS 184,00 274724 RALPH’S PLUMBING 293.92 274480 MUUS LUMBER 102.24 274725 RAMADA EISMARCK HOTEL 79,00 274759 MVTL LABORATORIES 1246.00 274174 RAMKOTA HOTEL & CONFERENCE CENTER 253.80 274481 UVTL LABORATORIES 352.00 274450 IWO EQUIPMENT 3104.87 274206 MVTL LABORATORIES 346.00 274726 RDO EQUIPMENT 542.31 274482 NAPA AUTO PARTS 1697.92 274176 RDO EQUIPMENT 253.03 274760 NAPA AUTO PARTS 1943.37 274453 REALTIME TRANSLATIONS, INC 20.00 274483 NAPA AUTO PARTS 1289.49 274729 RECORDED BOOKS 192,09 274207 NARDINI FIRE EQUIPMENT 350.00 274730 RECORDED BOOKS 123.74 274484 NATIONAL PAYMENT CORPORATION 146.88 274731 RECORDED BOOKS 58.20 274761 NBS CALIBRATIONS 398.00 274732 REGENT BOOK COMPANY 44.94 274208 ND APPRAISAL BOARD 390.00 274733 REGENT ROOK COMPANY 62.41 274485 ND ATTORNEY GENERAL 6395.00 274562 REPUBLIC PARKING SYSTEM 24659.91 274762 November 2018
RH’ SUPPLY 38.97 274209 TRINITY HOSPITALS AND MEDICAL GROUP 2090.39 274786 RH! SUPPLY 197.98 274486 TRINITY MEOXCAL GROUP 4793.50 274515 2)11 SUPPLY 267.32 274763 TWISTED CRK RANCH SUPPLY 94.98 274242 RICHARDS REFRIGERATION 122.50 274210 TWISTED CRK RANCH SUPPLY 46.99 274516 ROHRBACH, ROB 15.00 274211 TWISTED OHM RANCH SUPPLY 132.97 274787 ROLRC CONTRACTING 15000.00 274212 TX CHILD SUPPORT SDU 318.46 274570 ROWMAN & LITTLEFIELD PUBLISHING GRP 75.42 274764 U.S. FCODSERVI~E 1863.35 274243 RUELLE, TYlER 31.00 274487 U.S. F000SERVICE 1124.57 274517 RYAN HONDA OF MINOT 26.95 274765 U.S. POST OFFICE 5000.00 274244 SANITATION PRODUCTS 698.19 274213 U.S. POST OFFICE 150.00 274788 SANITATION PRODUCTS 160.17 274488 ULINE 460.21 274518 SANITATION PRODUCTS 2117,48 274766 ULRICKSON, PAUL 87.00 274245 SCHAEFER ENTERPRISES & ASSOC. .00 274214 ULTEIG 45261.50 274789 SCHAEFER SYSTEMS INTERNALTIONAL 393.00 274767 UNIFORM CENTER 1463.83 274790 SCIIEELS 81.99 274768 UNITED HAILING SERVICE 229.35 274246 SCI{OCK5 SAFE AND LOCK SERVICE 93.25 274215 UNITED HAILING SERVICE 5357.23 274519 SCHOCKS SAFE AND LOCK SERVICE 414.50 274489 UNITED HAILING SERVICE 260.66 274791 SCHOCKS SAFE AND LOCK SERVICE 395.40 274769 UNUN LIFE INSURANCE COMPANY OF AMER 7596.71 274247 SCHONSTEOT INSTRUMENT COMPANY 308.61 274216 UNUM LIFE INSURANCE COMPANY OF AMER 3634.28 274282 SECURITY PLUS 55.00 274490 UPS STORE #1423 13.32 274248 SNAW — LUNDQUXST ASSOCIATES, INC 541350.09 274217 UPS STORE #1423 29.80 274792 SHELKEY, MELODY 87.00 274218 USA BLUE BOCK 169.85 274249 SHERWIN WILLIAMS 54.37 274219 USPS — FEE PAYMENTS 225.00 274250 SHERWIN WILLIAMS 259.81 274491 VACUUM & SEWING CENTER 29.99 274793 SHERWIN WILLIAMS 390.56 214771 VANTAGEPOINT TRANSFER — 30##### 121.16 274283 SIGNS TODAY, INC 589.00 274772 VANTAGEPOINT TRANSFER — 30##### 121.16 274571 SLOBODEN, TIM 18.00 274220 VANTAGEPOINT TRANSFER —— 10### 908.72 274284 SORENSON, JASON 40.95 274221 VANTAGEPOINT TRANSFER —— 10### 908.72 274572 SORENSON, JASON 96.80 274773 VERENDRYE ELECTRIC 8143.20 274251 SOURIS BASIN PLANNING COUNCIL 1208.33 274492 VERIEON 2441.13 274520 SOURIS BASIN PLANNING COUNCIL 1208.33 274774 VERIEON 260.86 274794 SOURIS BASIN TRANSPORTATION 948.00 274566 VESSCO, INC 776.50 274252 SOURIS RIVER JOINT WATER RESOURCE 924987.04 274494 VOICE PRODUCTS SERVICE, LLC 6877,00 274795 SOURIS RIVER JOINT WATER RESOURCE 395969.01 274567 VOLLNER, JEHMA 87.00 274253 SOUTH DAKOTA CHILD SUPPORT 187.85 274280 VOLEMER, MARK 273.28 274254 SOUTH DAKOTA CHILD SUPPORT 187.85 274568 WAGNER CONSTRUCTION 528497.83 274521 SOUTHEAST MUFFLER 65.00 274495 WAJ, MART 10.00 274255 SPENCER, DAVID 337.50 274222 WALKER, RICK 145.03 274256 SPX CORPORATION 2750.00 274223 WALTER, DEVIN 350.00 274257 STANTEC CONSULTING SERVICES INC 28643.67 274775 WANTE, MIi,CEY 56.68 274285 STAPLES .00 274224 WARD COUNTY AUDITOR 1251.95 274288 STAPLES 122.25 274281 WARD COUNTY AUDITOR 20.00 274523 STAPLES 957.91 274496 WAND COUNTY AUDITOR 19405.00 274796 STAPLES 1364.26 274776 WARD COUNTY RECORDER 20.00 274258 STATE WATER COMSISSION 220850.53 274225 WASTE NOT RECYCLING LLC 6618.60 274259 STATE WATER COMSISSION 12241.25 274777 WASTE NOT RECYCLING LLC 3700.80 274524 STEEN CONSTRUCTION CO. 5925.00 274497 WASTE NOT RECYCLING LLC 3074.40 274797 STEIN CONSTRUCTION INC 75910.00 274778 WATER ACCOUNT REFUNDS 1.26 273984 STEIN, JEANNE 239.00 274779 WATER ACCOUNT REFUNDS 51.07 274016 STEIN’S INC. 251.52 274498 WATER ACCOUNT REFUNDS 10.00 274082 STEVICK BUSINESS SPECIALTIES S WEAR 420.00 274226 WATER ACCOUNT REFUNDS 26.23 274143 STEVICK BUSINESS SPECIALTIES & WEAR 90.00 274499 WATER ACCOUNT REFUNDS 73.44 274198 STODDARD, DEANNA 297.80 274227 WATER ACCOUNT REFUNDS 63.10 274309 STONE CRAPTERS 1900.00 274228 WATER ACCOUNT REFUNDS 4.29 274316 STRATA CORPORATION 37611.71 274229 WATER ACCOUNT REFUNDS 12.29 274389 STROKLUNO, TANI 70.42 274230 WATER ACCOUNT REFUNDS 168.34 274407 SUBWAY OF MINOT 72.98 274500 WATER ACCOUNT REFUNDS 3.82 274408 SUMEERS, DANA 115,50 274501 WATER ACCOUNT REFUNDS 706.67 274413 SUN LIFE FINANCIAL 46.50 274231 WATER ACCOUNT REFUNDS 92.52 274415 SUNRISE DELIVERY 212.00 274232 WATER ACCOUNT REFUNDS 50.00 274470 SWANSON S WARCUP, LTD 12725.75 274502 WATER ACCOUNT REFUNDS 67.15 274475 SWANSTON EQUIPMENT 791.16 274233 WATER ACCOUNT REFUNDS 57.59 274522 EWANSTDN EQUIPMENT 3762.13 274503 WATER ACCOUNT REFUNDS 2.11 274531 SWANSTON EQUIPMENT 426.29 274780 WATER ACCOUNT REFUNDS 22.50 274659 SflSOL ARTS 1315.00 274234 WATER ACCOUNT REFUNDS 2.79 274671 TARGET 25.00 274504 WATER ACCOUNT REFUNDS 46.05 274688 TEAM ELECTRONICS INC 587.40 274781 WATER ACCOUNT REFUNDS 6.55 274691 TEAM TORQUE INC 187.53 274782 WATER ACCOUNT REFUNDS 44.55 274696 TECTA AMERICA 928; 30 274235 WATER ACCOUNT REFUNDS 16.95 274720 TERMINAL SUPPLY CO. 47.96 274236 WATER ACCOUNT REFUNDS 50.00 274770 TERMINAL SUPPLY CO. 29.66 274505 WATER ACCOUNT REFUNDS 1.79 274798 TEflS DEPT OF PUBLIC SAFETY 20.00 274237 WATTERUD, CHAD 220.00 274260 THATCHER COMPANY OF MONTANA 10506.52 274506 WESSLEN CONSTRUCTION INC 198144.56 274261 THATCHER COMPANY OF MONTANA 13244.00 274783 WEST RIVER STRIPING COMPANY 36422.87 274799 THE DICKINSON PRESS 167.00 274507 WESTERN DAKOTA ENERGY ASSOCIATION 75.00 274262 THOMPSON, JOE 48.50 274238 WESTERN STEEL AND PLUMBING 126.61 274800 THOMSON REUTERE-WEST PAYMENT CENTER 252.00 274569 WESTLIE FORD 262.61 274263 TITAN MACHINERY 651.85 274239 WESTLIE FORD 491.85 274525 TITAN MACHINERY 69.69 274508 WESTLIE FORD 279.67 274801 TITAN MACHINERY 1433.27 274784 WESTLIE TRUCK CENTER 165.64 274264 TOLLEFSON’S 105.00 274509 WESTLIE TRUCK CENTER 3886.89 274527 TOTALFUNDS 406.46 274510 WESTLIE TRUCK CENTER 606.67 274802 TRACTOR SUPPLY CREDIT PLAN 43.43 274240 WHITESELL, STEVE 20.97 274265 TRACTOR SUPPLY CREDIT PLAN 57.96 274511 WMITESELL, STEVE 20.97 274528 TRACTOR SUPPLY CREDIT PLAN 266.88 274785 WHITFIEI.D, BRYAN & SUSAN 2250.00 274529 TEANSOURCE TRUCK & EQUIPMENT, INC 353.51 274241 WIESE, JERRY 20.00 274803 TRANSUNION 152.00 274512 WIISUR—ELLIS CO LLC 106,00 274530 TRANSUNION 25.00 274513 WILLIAM E. YOUNG CO., INC 4230.03 274804 TRILLION AVIATION 2000.00 274514 WINNELSON 907.56 274532 November 2018
WINTER EQUIPMENT COMPJiNY 1983000 274266 WOODS, PATRINA 25.00 274533 XCEL 30326.85 274267 XEROX CORPORATION 982.11 274573 XEROX CORPORATION 131.42 274805 Z3~KXAN, JOHN 570.70 274268 SAKIAN, JOHN 454.00 274806 TECHNOLOGIES LIC 6300.00 274807 3D SPECIALTIES INC. 1668.80 274269 3D SPECIALTIES INC. 914.00 274534 4 IMPRINT 1807.04 274808
TOTAL $9,469,640.89 BUDGETED 2018 GENERAL FUND ADMINISTRATIVE AND OVERBEAD CHARGES
Charge these funds: Airport $ 26,131.42 Cemetery 3,539.58 Parking Authoirty 376.25 Garbage Collection 21,274.42 Landfill 30,171.00 Water/Sewer Storm Sewer Maintenance 11,885.75 Water Supply 61,993.67 Water Distribution 37,655.42 Sewer 23,643.58 Utility Billing 6,772.42 Replacement 9,013.75 Public Transportation 5,120.92 Library 6,693.83 AuditoriumlRecreation 13,948.34 Total Transferred S 258,220.35
Electronic Payments: AFLAC S BCBS 223,672.88 Federal Tax Withholding 297,948.28 State Income Tax Sales and Use Tax ND State Disbursement 10,900.68 Deferred Comp 24,761.15 Verendrye Electric 76,156.40 Xcel 133,154.74 MDU 14,825.87 SRT 9,636.46 Verizon 274.09 Credit Card Payments 15,480.89 Mass Mutual 211,992.57 Credit Card Fees 149.90 ND Public Finance 27,600.00 Total $ 1,046,553.91 2018 INTEREST DISTRIBUTION
To distribute interest to fhnds for the 2018 fiscal year, in accordance with the 2018 budget, and the average cash balances at the end of each month. *~zzzzz~ I ~~zzz____ GENERALFUND $ 811,323.34 $ - 001-0000-472.04-00 ~ AIRPORT 62,842.09 100-0000-385.02-00
CEMETERY - ~ 120-0000.385.02-001 PARKING AUTHORITY 1,689.05 125-0000-385.02-00 SANITATION[ 16,87185 J~2P~i2zQQ,~ WATER& SEWER 132,094.12 140-0000-385.02-001 PARKINGRAMPS I 630.22 150-0000-385.02-OOl CITYBUS I 5,751.96 205-0000-361.00-00l J~4PY~~__. j______7,864.51 210-0000-361.00-00I RECREATION I 17,360.34 215-0000-361.00-001
EMERGENCYFUND - 10,588.08 230-0000-472.04-00 SALES TAX PROP 1,255.74 261-0000-361.00-00 SALES TAX ECONOMIC 71,548.41 262-0000-361.00-00 SALES TAX CAP IMPR 38,328.24 263-0000-361.00-00 SALES TAX FLOOD CONTROL 102,414.46 265-0000-361.00-00 SIDEWALK IMPROV 1,000.58 J 270-0000-361.00-00 STREET IMPROVEMENTS 46,059.88 271-0000-361.00-00 DEMOLITIONS 9,796.51 273-0000-361.00-00 Sales Tax Property Tax Relief 3,140.14 J 274-0000-472.04-00 Sales Taxlnfrastructure 60,194.12 J 275-0000-361.00-00 Sales TaxCommunity Facilities 55,670.49 276-0000-361.00-00 DEBTSERVICE-HIGHWAY 1928914 311 00003610000J H2012 DEBT SERVICE-S.A. RFDG 37,383.77 314-0000-361.00-00 P2011
CAPITAL - HIGHWAY RESER 85,925.37 413-0000-361.00-00 HWY
CAPTIAL - SP ASSESSEM 340.25 415-0000-472.04-00 4073
CAPITAL - FIRE EQUIPMENT 11,425.94 429-0000-361.00-00 4316 CAPITAL- SALES TAX 10,430.81 423-0000-472-04-00J FINOO2 EQUIPMENT PURCHASE 9,906.35 429-0000-361.00-001 4316
Flood Control Capital 15,60194 — 430-0000-472.04-0013529 CENTRAL GARAGE 1,073.47 501-0000-361.00-001 SELF FUNDED INSURANCE 23,656.78 502-0000-36L00-0& TOTAL $ 837,357.10 $837,357.10 Gross earnings for theperiod of October 14 to November 24, 2018.
11/30/18 09:08:48 GROSS EARNINGS PAGE
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
JANTZER MARK J 1 595.00 OLSON LISA M 595.00 PITNER PAUL 595.00 PODRYGULA STEPHAN 595.00 SIPMA SHAtJN 875.00 STRAIGHT SHANNON 595.00 WOLSKY JOSHUA 595.00
DEPARTMENT TOTAL 4,445.00
BARRY THOMAS H 2 19,871.45 FARAH HANZADA 4,592.16 HACKETT DEREK G 7,845.60 MATALKA KELLY C 7,466.41 OBENCHAIN BRYAN 2,920.50 OWEN CHRISTOPHER 9,559.22 STROKLtJND TAMI K 6,439.20 ZAKIAN JOHN R 14,538.46
DEPARTMENT TOTAL 73,233.00
BALLANTYNE BRITTANY 3 6,129.60 DAVIS LAURIE 6,933.60 JtJNDT LISA R 11,644.80
DEPARTMENT TOTAL 24,708.00
HENDERSHOT KELLY E 4 13,843.20 HORST NANCY 6,280.80 MCCARTEN LACEY 4,336.81 STALHEIM STEFANIE 10,293.60
DEPARTMENT TOTAL 34,754.41
BRANDT HEATHER R 8 6,585.58 DYKE MIRANDA 4,515.98 FUNKE YALANDA R 7,738.17 GREENHECK SUSAN 12,235.20 HENJUM NATHANIEL 3,082.50 JOHNSON PENNY J 11,588.82 LAKEFIELD DAVID 14,544.00 LARSON CALLIE S 6,419.47 LEVADNEY MARILYN L 7,875.83
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 2
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAPIE INITIAL NUMBER GROSS AMOUNT
MCWILLIAMS MIKAYLA 8 6,141.02 SHELKEY MELODY L 7,921.38 SLYTER ODESSA 1,374.24 STEIN JEAJNNE 7,800.83 VANGRINSVEN KRISTIN 2,091.88 VOLLMER JENNA M 8,937.86
DEPARTMENT TOTAL 108,852.76
ALBERTSON ALEC 9 5,626.20 KNUDSVIG MILES 5,180.20 MCKIBBEN JASON 5 9,148.40 ULRICKSON PAUL M 8,925.20 WITHAM MICHAEL 1,865.50
DEPARTMENT TOTAL 30,745.50
DRUSE DAMON R 11 9,796.81 LOVELACE DANIEL D 6,801.60 MARAGOS SHEILA M 7,320.02 QUAKKELAAR JENNIFER M 5,416.80 SCHLECHT DUSTY J 7,689.60 TERNES KEVIN D 13,176.01
DEPARTMENT TOTAL 50,200.84
DYKE DARREN M 20 9,073.31 GESSNER CHERYL K 7,118.00 HAUG SHANE M 9,861.13 HERINGER REBECCA 4,908.01 HIRSHFELD ALLISON B 5,690.41 MOSS AARON D 7,875.83 OLSON ASHLEY 3,832.80 OLSON JASON 15,290.73 ROBERTS CHRISTINE L 5,284.81 StJNDHEIM JESSICA A 8,524.91 WEIGEL SARAH 5,030.40 WHITESELL STEPHEN 5 10,550.40 ZIFCHOCK STEPHANIE M 6,765.61
DEPARTMENT TOTAL 99,806.35
ADELMAN SHANE 21 5,761.52
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 3
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
ANDRADE MEMORIE 21 5,500.39 BAMBENEK JASON L 7,762.02 BECKER KRYSTA 6,725.71 BJORK JENNA L 6,403.49 BLACK WINSTON 2,024.00 BLANCHARD PATRICK 5,664.02 BLOYER JAY T 7,605.30 BOWLES AARON 6,819.12 BROOME BRYCE 5,171.31 BURNS PAUL C 10,373.02 CASAREZ ANDRES 6,987.44 CHAPMAN DAVID J 10,072.16 CORY KEVIN A 6,364.15 FAKEN CHAD D 7,845.60 FOLEY JARED 5 9,006.90 FROEHLICH JORDAN J 7,106.40 GLADBACK BELINDA 7,124.17 HARLAND JAY P 6,888.76 HANKS ELIJAH 5,986.69 HUGG ANTHONY 5,404.91 JENSEN TAYLOR A 7,074.44 JOHNSON GREG W 8,040.00 KENNY STEPHEN 7,720.19 KLUG JOHN M 11,126.07 KOSSAN KENTON 7,274.28 LABOY CHARLES 7,992.71 LACKEY SHANNON L 8,659.20 LAUDENSCHLAGER ERIK J 7,572.75 LOVRO MARY 3,928.80 LUND JOSHUA A 7,941.21 LYNN THOMAS 5,482.77 MATTICE KRISTA N 8,372.75 MEHLHOFF ANDREW K 7,063.61 NELSON ALEX G 5,978.40 NOYES JOSHUA D 8,013.02 OLSON JACOB 8,250.41 PAPPENFUS MATTHEW J 7,945.11 PEPPELMAN ZACHARY 6,412.25 PEREZ SAMANTHA 5,550.43 PLESSAS DALE J 9,796.81 POLLMAN DANA 6,817.27 REDDING SCOT 10,041.60 REIS SHAWN 5,155.20 ROACH ANDREW 5,927.50 ROBERTS BOBBY R 5,334.35 ROBINSON CHRISTOPHER 5,694.89 RUELLE TYLER J 8,855.43
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 4
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
SANDUSKY CAISEE M 21 7,957.53 SCHOENROCK STEVE J 8,679.44 SCHWAB ALEX J 5,806.13 SHAIDE KRISTIAN 5,219.64 SUNDBAKKEN JASON J 9,796.80 THOMPSON THEREISA F 4,444.80 WASHINGTON ANTHONY L 7,308.13 WHEELER DANIEL B 9,174.82 WILK KEVIN J 9,048.59 WILKERSON ROMAN 5,416.80 WILLIAMS BRIAN 6,176.46
DEPARTMENT TOTAL 419,647.67
ASHAM CARMEN L 22 7,878.19 BUNK MATTHEW 6,735.32 GOODMAN DAVID L 9,790.22 GUERTON KRISTIN 6,021.94 HIATT MATTHEW R 7,951.39 JOHNSON CHARLES 5 7,728.22 LAKODUK ROSS A 7,093.58 MCLEOD MATTHEW T 10,152.49 STRANDEMO COLE A 7,417.31 SUNLIN ROBBIE M 6,832.25 SUMMERS HEATHER 5,978.41 SUNDHEIM JUSTIN C 10,550.40 TALBOTT MIKALI J 6,090.50 WATTERUD CHAD A 7,626.50 WEGNER SHAWN P 9,796.80 WHITE SARAH M 4,231.21
DEPARTMENT TOTAL 121,874.73
ALEXANDER MELISSA M 24 4,908.00 ALVES JEANNE E 92.60 BICKELL LIBERTY 4,895.08 BJERTNESS LACIE J 5,690.40 CHRISTIE SEAN A 6,542.51 COOK CAROL A 6,933.60 HAUGAN MARGARET H 7,466.40 HURT JENNA F 6,129.60 LAUSCH JACQUELINE 5,155.20 MCPEAK BARBARA J 8,659.20 SAND LINDA R 5,832.01 SCHOEN MOLLY 4,700.48
HTEUSR2 /grcsearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 5
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
SILVA SAMANTHA 24 4,865.00 SORENSEN ELIZABETH A 6,933.61 VAN HILL SHANLYA M 4,670.40 VORGITCH CHRISTIAN G 5,155.20 WRIGHT AMANDA 4,895.08
DEPARTMENT TOTAL 93,524.37
BEALL ASHLEY 25 6,002.43 COLLINS HAILEE 4,444.80 MATHSON JUDY R 5,551.20 NISHEK LAURIE 3,589.60 TEMANSON PAUL A 300.00
DEPARTMENT TOTAL 19,888.03
BERG LORIE A 30 6,765.60 BROWN ROBBY 6,625.00 HAMMER STUART 6,625.00 KRONSCHNABEL KELLI 14,188.80 LENERTZ DEAN S 5,589.91 SATHER LONNIE 11,110.61
DEPARTMENT TOTAL 50,904.92
ABERLE CHRISTOPHER L 31 10,668.78 ANDERSON PHILIP A 8,348.97 BABINCHAK JASON A 9,238.55 BACH JAYDEE 5,155.20 BAKER ZACHARY T 7,306.08 BECK KYLE W 7,994.70 BLACKWOOD ROBERT 6,617.88 BURGESS JUSTIN T 8,883.00 BURNS AUSTIN T 8,684.20 COFFIN MICHAEL 5,187.10 COLEMAN ALEXANDER 6,431.30 CRISP MICHAEL D 8,660.93 CROXALL JEREMY M 7,645.42 DECOTEAU WILLIAM 7,811.93 DEGELE TRAVIS W 11,596.50 DOCKTER JAMES 5,738.70 ELICH TRAVIS 6,956.40 FILKINS JACOB E 6,805.97 GARBERG TULLY D 7,306.08
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 6
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
GILLISS SHANE 31 8726.00 HAMILTON HANNAH 5,155.20 HANSELMAN ANDREW J 8,447.04 HANSON JONATHAN 5,445.75 HARDY GLEN A 10,068.04 HERIGSTZ4D SETH 5,830.74 KOETTER CORY G 6,395.40 KRILL JOHN F 5,859.59 KRISTIANSEN HANS 5,155.20 LAKEFIELD DILLON 5,155.20 LASKOWSKI PAUL J 8,821.08 LENTZ JACOB W 10,668.78 MARSHALL NICHOLAS D 2,147.60 MATHIESON MARK 8,246.15 MAXWELL MASON W 9,728.32 MCFADDEN KYLE 2,062.08 MEADOWS CASEY D 9,206.25 MILLER JESSE 6,373.77 MILLER SCOTT A 10,328.56 OLSON JOSHUA 6,005.61 ORR JEREMIAH 9,297.56 PETERSON AARON P 8,967.96 POTTS JOHN M 10,066.26 RASMUSSEN GARY 10,068.04 RAYMOND DANIEL 6,192.06 ROHRBACH ROBERT A 7,950.04 ROSTBERG CASEY 7,218.29 SAFRANSKI DUSTIN M 9,625.92 SCHRIOCK KERRY W 10,978.02 SEIFERT TRAVIS J 8,448.00 SHOEMAKER CHARLES 5,155.20 SICKLES CHAD 6,617.88 SMITH CHRISTOPHER 2,389.41 STEINWAND ISAIAH M 3,489.64 SULLIVAN BRYAN 7,246.68 SUMMERS DANA W 10,514.16 TALARO BRANDON LEE 5,155.20 TANCABEL ANDREW 7,180.80 TAYLOR MICHAEL 5 9,526.80 URBAN AUGUSTUS 6,555.66 WALHOOD BRADLEY 5,799.48 WALTER DEVIN M 9,075.96 WARD TERRY E 5,518.22 WEBER BRENT A 11,403.23 WEST JASON 6,258.72
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 7
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NtJNBER GROSS AMOUNT
DEPARTMENT TOTAL 477563.24
LANG LANCE 35 9,847.04 SORENSEN GLENDA 3,256.22 ZIETZ MARJORIE 5,832.00
DEPARTMENT TOTAL 18,935.26
DEGROOT GAGE 36 6,280.80 FALKINBURG DELORES 0 5,155.20 FLANAGAN MITCHELL T 10,061.60 FRENCH JOHN 0 8,040.00 KIMBALL MICHELLE L 5,690.41 LINNERTZ DARRELL G 2,226.25 MICKELSON TODD J 8,040.00 MURPHY MICHAEL J 7,653.60 SICKLER LAURIE A 5,155.20 TILLEMA LUKE 8,448.00 WALKER RICHARD E 7,653.60 ZABACK DARRELL A 240.00
DEPARTMENT TOTAL 74,644.66
BEHRENS JEFFREY W 37 6,320.06 DEGENSTEIN JOSEPH 4,363.43 JOERSZ STEPHEN 8,927.81 JOHNSON TYRONE 4,231.20 LAFONTAINE DANNY 4,444.80 RODMAN JR DAVID F 8,875.68
DEPARTMENT TOTAL 37,162.98
ANDERSON PEGGY J 38 6,765.61 ERICKSON ALEESHA L 7,466.40 GOLDADER GRANT 6,600.00 HOFFART JESSE 5,978.40 HUETTL EMILY 8,033.28 JOHNSON CHRISTINE 7,653.60 KING MATTHEW R 6,765.60 MEYER LANCE E 14,908.80 STECKLER THOMAS E 8,875.20
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 8
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
DEPARTMENT TOTAL 73,046.89
COX DAVID P 39 5,304.80 DUNCAN RICK L 7,536.41 ELDER MATTHEW J 5,551.20 GROTE JAMES 5,690.40 HORINKA BRIAN L 9,559.20 HORNER VAL L 4,670.40 JOHNSON JERRY L 6,670.00 ORTMANN DONALD G 7,003.60 SAMPSON JODY 5 6,670.00 WILLOUGHBY CHRIS 5,329.61
DEPARTMENT TOTAL 63,985.62
BAIlER DARRELL L 40 5,690.41 BEAN JORDAN N 5,857.68 BRAATEN KEVIN A 9,098.40 BRAATEN KROSS 740.40 CHOQUETTE MARC F 6,600.00 DOSCH RANDY R 7,845.60 FOSTER JACOB 5,262.60 FREDERICKSEN BRANDON L 6,814.82 FtJNKE DANNY J 5,978.40 GRANT ZACHARY L 7,845.61 GROSS JOSEPH M 7,466.41 HALVORSON KYLE 4,555.92 HANSON KENNETH 5,832.00 HARVEY DALE A 7,106.41 HUNTZINGER BRIAN D 5,929.20 JOHNSON DAVID 4,908.00 LONG COREY L 5,690.40 MARQUARDT GLORIE A 6,129.60 MILLER DAVID J 6,129.60 MONLEY LUCUS 5,081.83 REYNOLDS NICHOLAS R 6,280.80 RONGLIEN JASON 5,678.42 SCHRAEDER MICHAEL 5,499.50 SCOFIELD GARRETT D 6,613.75 SKINNER LEHMANN 4,518.88 STROMME GUY M 6,280.80 VIND ROGER T 6,439.21 WOOD JUSTIN G 6,385.50
HTEUSR2/grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 9
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
DEPARTMENT TOTAL 168,260.15
EICHSTADT JACOB 44 5,022.30 FRAZIER ERIC 6,886.96 HEIZELMAN GRANT L 6,933.60 KIRSCHENMANN PAUL 5,832.00 KNATTERUD DENA M 4,563.69 RANDASH SHAWN A 5,932.86 RICE ALEC D 4,102.20 SICKLER KEVIN 9,559.20
DEPARTMENT TOTAL 48,832.81
BEAN EILEEN 45 2,315.20 BOBZIEN CHRISTOPHER M 7,653.60 COFELL BENJAMIN H 9,324.00 HOYT KARl L 6,129.60 JONASSON DANIEL B 15,388.80 SORENSON JASON 5 12,357.20
DEPARTMENT TOTAL 53,168.40
AMONDSON ELMER C 50 6,140.89 BEUTLER ROY 4,897.05 BULLINGER CLAIR K 6,280.81 CHOI ALEX M 5,364.63 DAVIS BRANDON 4,300.00 DEPRIEST ISAAC 4,545.34 DOSCH RYAN 4,444.80 DRAPER DAVID 5,155.20 FELTNER RICHARD 14,544.00 GLICK ARDEN L 6,439.20 HERNANDEZ JOE 4,747.50 HOFFERT PETER M 6,694.09 KOCINA DAWN 5,284.82 LEWIS ROBERT U 6,280.80 ORTIZ PABON NELSON 4,336.80 RAFALA MICHAEL 4,336.80 ROMANICK MARIA C 5,978.40 RUHLAND MATTHEW 7,653.60 SESSIONS STEPHEN A 7,845.60 STODDARD DEANNA K 9,559.20 TAKASHIGE ALEC N 5,155.20
HTEUSR2 /grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 10
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
DEPARTMENT TOTAL 129,984.73
NICOLAISEN CLEO M 54 7,845.60 ROTELIUK RONDEL R 6,588.30 SEIFERT JAMES R 4,491.10 ZIETZ COLE J 5,155.20
DEPARTMENT TOTAL 24,080.20
ARRIOLA JOSEPH E 56 6,129.60 BATY JACK 5,284.80 DANIELSON SHAWN D 5,416.80 HAMEL SCOTT 6,600.00 HAMMER REID 5,284.80 INGOLD DOUGLAS A 5,284.80 KRAFT JOSHUA B 8,779.20 LAKODUK DALTYN J 5,690.40 NEUHALFEN RAY 0 7,214.94 OANGE ZEPHANIAH N 5,284.80 SIMONSON CHRISTOPHER A 5,690.40
DEPARTMENT TOTAL 66,660.54
BAUER KATHERINE M 57 2,344.80 BOUCHER ROBBIE R 5,454.84 CURELO STEVEN 4,611.48 HAMMER LORNE R 6,129.60 HELGESON DAVID 5,155.20 REIMCHE TYLER J 6,339.70 SCHWALBE ANTHONY P 6,359.46 SHEFSTAD ALLEN 6,600.00 WANTZ MACEY JO 3,716.40 WOOD KENTON 4,972.62 ZUCK DARREN 5 6,129.60
DEPARTMENT TOTAL 57,813.70
BEETER KIRK L 59 4,678.61 ESPE MARK W 7,453.63 IGLESIAS ADRIAN 5,088.79 RYLANDER JACOB 4,588.33
HTEUSR2 /grosearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 11
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
DEPARTMENT TOTAL 21,809.36
ANDRYSIAK RICHARD J 60 5,155.20 FJELD DEBRA A 1,460.40 HAIDER MARK A 7,964.17 JOHNSON ALLEN M 6,820.00 JONES THOMAS A 8,368.64 KOPP TIMOTHY J 5,880.08 O’KEEFE KEVIN 4,675.68 PADDOCK MARK A 8,875.20 PARTON JANET L 6,129.60 PEDERSON ROBERT A 6,129.60 RASMUSSEN WESLEY R 6,765.60 REIMCHE KEITH R 6,380.00 RENSLAND BRANDON T 6,820.00 SEIFERT JUSTIN R 8,040.00
DEPARTMENT TOTAL 89,464.17
BRANDT KELLY G 61 5,518.38 CARPENTER GARY L 5,690.41 CHRISTIANSON KURT A 6,620.63 DUCHSHERER JOSHUA J 8,060.20 FINKEN CHAD G 6,439.20 GROSZ TERRY G 2,537.24 HUDSON KASEY L 6,129.60 KALIHER PETER K 8,396.14 KELLY KEVIN J 7,106.40 KNOOP SCOT M 6,541.43 LATHAM STEPHEN G 5,306.78 MALY SADIE 3,967.30 OIAN DAVID L 6,765.60 RANDASH BRIAN K 7,366.96 RIEKE DUSTIN B 7,301.23 SCHNASE CYNDI J 5,284.81 THOMPSON JOSEPH 5,416.80 VOLLMER MARK A 9,559.20 WESTERGAARD STEVE B 7,778.63
DEPARTMENT TOTAL 121,786.94
BREVIK DAX 62 5,690.40 DELORME JORDAN 5,155.20 DUTENHAFER WAYNE A 3,196.40
HTEUSR2 /grcs earn 11/30/18 09:08:48 GROSS EARNINGS PAGE 12
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
KELLER ERIC J 62 8,084.12 KUGLIN TROY D 6,129.60 MARMON SHANNON L 7,284.00 ROBINSON DEREK 4,908.00 RODMAN JUSTON 4,908.00 SLOBODEN TIMOTHY J 7,284.01 VANNATTA MICHAEL G 35.26 WARREN BRIAN L 6,933.62
DEPARTMENT TOTAL 59,608.61
DUCHSCHERER HAILI 63 1,238.40 DUTENHAFER MIRANDA S 5,284.81 SCHONBERGER DONNA R 5,690.40
DEPARTMENT TOTAL 12,213.61
CARVER STEVEN K 66 409.00 COOPER DEAN 2,394.28 CUTAIAR JOSEPH 5,565.80 DUPRE THOMAS J 5,416.81 MACKAY BROOKE 3,733.45 NEWBURY TINA M 4,231.20 SHEKLETON MICHAEL 4,444.80 SIGURDSON DEBBIE 5,416.81 VALLELY MARK 4,231.21 VOGEL RICHARD B 4,670.40
DEPARTMENT TOTAL 40,513.76
ABERLE CRAIG S 67 3,888.00 AMBERG PAUL R 2,836.59 ANDERSON JANET B 10,355.91 ARMSTRONG KAYLEE D 1,296.37 BREY CASEY 1,024.61 CARSWELL PAMELA E 4,606.75 CHAPPO DEBRA J 5,436.17 HENSLEY HOLLY 1,999.63 JULSON MARCIA G 5,329.53 MASON JESSICA 5,191.20 MONLEY RANDI D 4,053.60 MOYA ZHAINA 1,204.90 NELSON PAULETTE 6,787.20 PECORARO BETTY 996.58
HTEUSR2/grcsearn 11/30/18 09:08:48 GROSS EARNINGS PAGE 13
LAST FIRST MIDDLE DEPARTMENT M-T-D NANE NAME INITIAL NUMBER GROSS ANOUNT
PIKKA JOSH 67 6,980.16 POSSEN LACEY A 4,308.00 SCHNEIBEL VERONICA 4,732.80 SPIES MICHAEL D 1,532.13 TIMOTHY SCOTT 0 6,602.16 WHEELER MARY P 6,368.18 WOLF JULIE M 3,972.82 ZIEGLER KASSANDRA M 3,028.71
DEPARTMENT TOTAL 92,532.00
AANNERUD PRESLEY S 68 1,776.42 ANDERSON COLE C 190.48 ANDERSON KANMIE 153.00 ANTHONY LESLIE C 62.50 BECK SYDNEY R 147.50 BENNO AUDREY 136.50 BESEMANN NICOLE M 37.54 BESEMANN THERESE L 1,034.31 BESEMANN WILLIAN L 680.96 BIEL JESSICA L 199.53 BRANSON JARRETT 150.00 BROWN JUSTICE 70.00 CLARK CYNTHIA E 86.10 CLARK JEROME 70.88 COLLINS SCOTT G 12,592.40 EDMUND CARALINA 199.13 GATHMAN ASHLEY 2,016.00 GOTVASLEE SHELLY A 1,060.20 GRINSTEAD CARLY 206.00 GRUNENWALD HEATHER A 318.00 GUSEMAN CHARLES M 7,615.26 HARRIS KELSIE 119.00 HARSTAD BROCK M 8,241.60 HUBBARD RUTH A 337.80 JOHNSON HOLLY 51.00 KNUTT CURTIS C 5,324.44 LANDSIEDEL THOMAS A 10,041.60 LARSON LEIF 552.70 LUDWIG MADISON 126.90 MACDONALD YALENA 264.87 MACKEY KATHRYN R 5,999.24 MCMAHAN NICHOLAS 2,452.22 NELSON MICHAELA 102.00 NELSON SIDNEE 143.00 NESHEIM ANN M 8,875.20
HTEUSR2 /gros earn 11/30/18 09:08:48 GROSS EARNINGS PAGE 14
LAST FIRST MIDDLE DEPARTMENT M-T-D NAME NAME INITIAL NUMBER GROSS AMOUNT
SENGER SAMANTHA 68 326.70 SPOKELY BARBARA A 3,098.90 TEDFORD EDWARD 5,051.94 THOMPSON MARK D 4,215.20 WALKER ROZO WILLIAM 104.03 WATSON JENNIFER 466.00 WEDAR SAMUEL 150.00 WHITE MARC 5 10,081.48 WINTER JOHN H 5,978.41
DEPARTMENT TOTAL 100,906.94
FINAL TOTALS TOTAL 2,965,560.15
** * END OF REPORT ** *
HTEUSR2 /grcsearn November 21, 2018
Andrew Bruhn 2063 14th St NW Minot, ND 58703
Mr. Andrew Bruhn, I have reviewed your application for a taxi license with the City of Minot.
I am denying your request for a taxi license due to your background check indicating an extensive list of criminal violations within the past 6 years. A summary of criminal record from ND Courts website is attached. City ordinance 30-53 (listed below) states the reasons that an applicant shall be denied a license. It is my determination that your extensive criminal history is evidence that you would not be a good candidate for a Taxi Driver’s License in the City of Minot based on ordinance section 30-53(b) (1),(5), and (7).
Sec. 30-53. - Obtaining a license. (a) Each applicant for a license required by this division shall: (1) Possess a valid and current North Dakota driver's license; (2) Fill out an application form to be provided by the chief of police and filed with the city as a permanent record; and (3) Undergo a background examination. (b) An applicant shall be denied a license if the background examination reveals: (1) That the applicant would present a threat to the health, morals, or welfare of the community; (2) Evidence of sex offenses within the last ten (10) years, or the requirement under the North Dakota law to register as a sex offender; (3) Evidence of violent criminal activity within the last ten (10) years; (4) Evidence of criminal activity involving the use of a motor vehicle within the last ten (10) years; (5) Evidence of criminal activity marked by fraudulent or deceitful behavior within the last ten (10) years; or (6) Prior revocation of a license issued under this division; (7) Any other just cause for denying the application.
Section 30-58 of the City of Minot ordinance provides that you may appeal this decision to the City Council.
A public hearing on this matter will be held to give you the opportunity to present information as to why your license should be granted, please appear at the Minot City Council meeting on December 3rd, 2018 at 6:30 p.m. in the Minot City Council chambers at 515 2nd Ave SW (2nd floor) Minot, ND 58701.
Respectfully, Chief Jason T. Olson Citation Filed/Location/Judicia Case Number Defendant Info Type/Status Charge(s) Number l Officer
51-2013-CR- 0005310789 Bruhn, Andrew 09/04/2013 Felony Possession Of
02147 0005310790 Donald -- Ward County Closed as Drug Paraphernalia 1971 McLees, William W Misdemeanor Possession of a controlled substance ( Methamphetamine) .
51-2014-CR- 0005389259 Bruhn, Andrew 02/26/2014 Felony Theft Of Property
00407 Donald -- Ward County Closed as 1971 Lee, Gary Misdemeanor
BI-2014-CR-02166 0000148445 Bruhn, Andrew 05/27/2014 Misdemeanor Theft Of Property
Donald -- Bismarck Municipal Closed 1971 Severin, William C 05-2014-CR- 0 Bruhn, Andrew D. 06/17/2014 Misdemeanor Issuing Check Or
00159 1971 -- Bottineau County Closed Draft Without Sturdevant, Michael G Sufficient Funds Or Credit
51-2015-CR- 0005422542 Bruhn, Andrew 06/23/2015 Felony Possession of a
01408 0005422541 Donald -- Ward County Closed as controlled 1971 Lee, Gary Misdemeanor substance ( Methamphetamine) . Possession Of Drug Paraphernalia
51-2018-CR- 0005787693 Bruhn, Andrew 10/26/2018 Felony Possession of a
02134 Donald -- Ward County Open Controlled 1971 Cresap, Todd L Substance
City of MtWot City Attorney’s Office’\%Q Date: November 30, 2018 To: Mayor/City Council City Manager From: City Attorney’s Office Re: Monthly Attorney Report (November, 2018)
Pursuant to Minot City Code of Ordinances, Section 2-30(7), the following items or issues are submitted as a summary of some of the matters addressed by the City Attorney’s Office prior to the December 3, 2018 City Council meeting:
Civil Matters
A. Floodplain Eminent Domain Cases:
1. City of Minot v. Jane Ballantyne HeReler Trustee of the Jean Ballantyne Living Trust of 1997, et at. Counsel: John Warcup
Opposing Counsel: Robert Rau
Current Status: Pending at District Court
On May 31, 2017 the City filed an eminent domain action against the Defendants to acquire property for the construction of a flood control project and related infrastructure. Defendants filed an Answer on June 22, 2017. On December 21, 2017 Judge Todd Cresap entered an order requiring the parties to consider and discuss alternative dispute resolution.
On February 20, 2018, the parties filed an Alternative Dispute Resolution Statement with the Court indicating they believe mediation or a court-sponsored settlement conference would be appropriate in this matter. In response, Judge Cresap indicated that given the North Central Judicial District is understaffed by almost 2 judges, there may be considerable delay in accommodating court sponsored mediation and encouraged the parties to pursue a mediation option outside of court sponsored mediation. A scheduling conference was held February 26, 2018. Prior to the conference, the patties’ attorneys had disagreements regarding the order for disclosure of expert witnesses and the burden of proof in eminent domain matters. In response, the City filed a proposed scheduling order with the court along with a memorandum of law regarding the disclosure of expert witnesses in eminent domain matters and judicial review of eminent domain takings. The Defendant’s counsel was not prepared to discuss these matters at the scheduling conference, and the Court granted their counsel seven days to file a brief or other documentation supporting their position. A scheduling order has not yet been entered.
1 On March 5, 2018, the Defendant filed a motion for summary judgment, arguing that a taking is not necessary or permitted, and that the City’s taking exceeds the permitted taking authorized by the resolution. The City responded on April 4, 2018 and Defendant replied on April 5, 2018. A hearing took place on April 6, 2018 and the Court took the matter under advisement.
On August 24, 2018, the district court issued an order denying the motions for summary judgment and ordering that the City fully comply with NDCC 32-15-06.1 and (2) that an evidentiary hearing take place to determine what interest in the Defendants’ property is necessary to fulfill the public purpose for the taking. That same day, a status conference occurred.
On September 13,2018, the Court issued a notice of trial date for the taking portion of the eminent domain action. The trial was set as a court trial for January 14-15; at that time the Court will determine what interest in the Defendants’ property is necessary to fulfill the public purpose for which the taking is dedicated. On September 26, 2018, the City inspected the Defendants’ property.
B. Filed Civil Matters:
1. City ofMinotv. Cypress Development, LLC Counsel: Jocelyn Knoll and Kate Johnson Dorsey Whitney Appointed by City Council
Opposing Counsel: Attorneys from Perkins Coie
Current Status: Pending at District Court
This matter relates to a mixed development project in the City of Minot. The project involves the construction of two city-owned parking structures on City lots, plus retail or office space and residential units on top of the parking ramps. A private developer, Cypress Development, LLC, was to manage the City’s parking structures and develop the residential units and commercial improvements. Several agreements exist, including, but not necessarily limited to, 2015 Lease Agreements, 2015 Management Agreement, 2013 Development Agreement, and a Development and Disposition Agreement. Cypress failed to pay amounts owed to the City as rent and then, upon notice of its material breach, failed to cure its breach within the 120 day period. Cypress failed to properly manage the parking structures. Cypress failed to pay all costs for the development and construction of the Parking Structures in excess of the City’s obligation. Because Cypress failed to maintain a lease, due to its failure to pay the rent, Cypress also violated the Development and Disposition Agreement. With that, on March 15, 2018, the City served a summons and complaint on Cypress, initiated a lawsuit in Ward County.
Cypress filed an answer and various counterclaims on April 23, 2018. In its counterclaims, Cypress’s claims for relief include indemnification, unintentional misrepresentation, constructive fraud, breach of contract, and declaratory relief. On May 14, 2018, the City filed an answer to the counterclaims.
On July 27, 2018 a hearing on Cypress’s motion to change venue took place before Judge Gary Lee. The Court has not issued a decision on that motion.
2 The City previously served discovery requests on Cypress. In September Cypress provided its responses to those discovery requests. The City’s counsel is currently evaluating the responses and determining the appropriate next steps.
On October 23, 2018, the Court issued its order denying Cypress’s motion to change venue.
November: The City responded to discovery requests on November 15, 2018.
2. City of Minot v. ~ Crossing, LLC Counsel: Shawn Grinolds and Brad Wiederholt Appointed by City Council
Opposing Counsel: Wayne Carlson and Todd Zimmerman
Current Status: Pending at District Court
In 2013, the City entered into a Development Agreement with 16th Crossing, LLC. The City contributed five million dollars in CDBG-DR funds to provide water, sewer, drainage, and access infrastructure to 16111 Crossing, LLC’s development. In exchange, 16th Crossing, LLC agreed to, among other things, within two years, (1) construct 178 townhomes, of which a minimum of 51% of the proposed townhome would be set aside and offered at a price affordable to LMI buyers; and (2) provide 350 manufactured homes, of which a minimum of5l% of the manufactured homes lots would be set aside and leased to LMI households.
On August 1, 2017, the City notified 16th Crossing, LLC of several deficiencies, including but not limited to those outlined in the preceding paragraph, under the Development Agreement and permitted 16th Crossing, LLC with thirty days, per the Development Agreement, to either cure the deficiencies or provide documentation of diligent efforts to correct the failures. If 16111 Crossing, LLC failed to cure the deficiencies or provide documentation of diligent efforts to correct the failures, the City set a termination date of September 15, 2017. City staff has extended the termination date two additional times to allow for 16” Crossing, LLC to provide proposals for resolving this matter without litigation.
The current termination date was set for December 8, 2017. This matter was discussed in executive session at the December 4, 2017 City Council meeting. Following executive session, the City Council convened in public session and moved to terminate the Development Agreement with 1 ~ Crossing, LLC and pursue any action necessary to recoup the funds relating to the Development Agreement. The City sent a letter to 16th Crossing, LLC on December 8,2017 advising I6~~ Crossing the City was placing 16th Crossing, LLC in default and terminating the Development Agreement for cause effective December 8, 2017.
This matter was discussed in executive session on January 8, 2018 by the City Council pursuant to N.D.C.C. 44-04-17.1, 19.1, and 19.2 so that Attorney Shawn Grinolds could advise the Council regarding the pending action, and deliver his advice and guidance on the legal risks, strengths, and weaknesses, which, if held in public, would have an adverse fiscal effect on the Council. Attorney Grinolds also allowed for an opportunity for the Council to discuss negotiating strategy and provide negotiating instructions, which if held in public, could have an adverse fiscal effect on the bargaining or litigating position of the City.
On May 29, 2018, the City received 16th Crossing, Inc.’s Answer and Counterclaims. On June 19, 2018, the City filed and served its answer to Defendant’s Counterclaims.
3 On September 7, 2018, the Court issued an order for a scheduling conference and an order for alternative dispute resolution. At a special meeting on October 1,2018, the City Council will discuss this litigation matter in executive session.
On October 11,2018, the Court issued a scheduling order setting motion and discovery deadlines for the parties.
3. First Western Bank & Trust v. ND Port Services; City of Minot Counsel: Shawn Grinolds Appointed by City Council Appointed by NDIRF against NDPS Counterclaim
Opposing Counsel: FWBT: Richard Olson/Jessica Merchant NDPS: Jon Brakke
Current Status: Pending at District Court
In 2009, the City entered into a lease relating to city-owned property with NDPS. At the same time, the City agreed to a subordination agreement with State Bank of Kenmare, where the City agreed that NDPS could use its interest in the lease as security for one or more loans. A subsequent subordination agreement was signed in 2013 to amend the vender from State Bank of Kenmare to FWBT.
Allegedly, NDPS has defaulted on its obligations to FWBT. As a result, FWBT initiated foreclosure proceedings by filing a Summons and Complaint against NDPS and the City on May 16, 2017. On June 8, 2017, the City filed an Answer to the FWBT Complaint and a Crossclaim against NDPS, alleging NDPS materially breached the lease agreement by failing to pay rent and failing to promptly pay and discharge real estate taxes and assessments against the subject leased property. On June 28, 2017, NDPS filed an Answer and Crossclaim against the City, alleging that the City is in breach of the lease agreement because it failed to return the lease property to the condition it was in prior to commencement of construction activities pursued by the City; it failed to insure proper drainage with respect to City improvements on or near the leased property; and construction of improvements on or near the leased property prevented NDPS from being able to properly use and develop the leased property. Additionally, NDPS’s Crosselaim alleges that the City failed to permit NDPS to exercise its right to purchase certain portions of the leased property pursuant to the lease agreement because the City was unable to convey title to the subject property to NDPS. On July 19, 2017, the City responded to the Crossclaim, denying NDPS claims.
On November 15, 2017, NDPS filed a Motion for Summary Judgment against FWBT, arguing that FWBT did not fully comply with the statutory requirements relating to the foreclosure notice and complaint. The motion was not directed at the City.
The matter is still pending in District Court. On December 4, 2017, FWBT filed a brief in opposition to the Motion for Summary Judgment, arguing that it met all the statutory requirements relating to the foreclosure notice and complaint, and that even if it did not, NDPS is not entitled to summary judgment. On December 7,2017, NDPS filed a response replying to NDPS’s assertions claiming that FWBT’s failure to meet the statutory notice requirements renders their foreclosure fatally defective and the Court should award summary judgment in their favor.
4 On January 25, 2018, First Western Bank & Trust filed proposed orders regarding the pending motions for summary judgment. Neither proposed order directly implicates the City.
On March 1, 2018, the Court granted Summary Judgment to First Western Bank & Trust to foreclose on NDPS’s leasehold and other security interests and denied NDPS’s motion for summary judgment. The Court did conclude however, that a genuine issue of material fact remains as to the amount owed First Western Bank & Trust by NDPS, and has requested affidavits be filed with the Court within 20 days describing the amounts owed for purposes of entry of final judgment on the foreclosure action. The City’s claim against NDPS for accrued rents, and NDPS’s cross-claim against the City for alleged damages, remain pending before the Court.
On April 19, 2018, Attorney Grinolds filed a motion for summary judgment on behalf of the City. On April 11,2018, Attorney Grinolds mailed a notice to terminate the lease, and on May 31, 2018 the lease between the City and NDPS terminated.
On August 3,2018, an amendedjudgment was entered in favor of FWBT establishing the specific amount owed to the bank. Previously, the Court entered judgment in favor of FWBT finding breach of the loan documents by NDPS. On August 22, 2018, the Court issued a special execution ordering the Sheriff to proceed with the sale of the property described in this matter. On August 28, 2018, the City filed a motion to amend the special execution to clarify that the Sheriff should include only NDPS’s underlying interest in the lease with the City, not City’s real property.
On September 7, 2018, the Court issued its order granting summary judgment and finding that NDPS materially breached the lease agreement by failing to pay rents in 2016, 2017, and 2018 and failing to pay real estate taxes in 2016, 2017, and 2018 through the termination date. The Court granted the City monetary damages against NDPS for breach in the amount of $248,216.59 in relation to the 129.16 acres not genuinely in dispute; the Court also determined there is a genuine issue of material fact in dispute with regard to 5.70 acres leased to NDPS and summary judgment was not granted with regard to that portion of the lease. In addition, on September 19, 2018 the Court granted its order that the special execution should be amended and on September 21, 2018 an amended special execution was issued by the Court.
On October 31, 2018 a sheriff’s sale for NDPS’s real property, personal property, and interest in the City of Minot lease were auctioned at the Ward County courthouse. FWBT was the only bidder.
November: On November 28, 2018, the Court issued an order confirming the sale; the redemption period expires on December 30, 2018.
4. Lenertz v. City of Minot Counsel: Randall Bakke and Brad Wiederholt Appointed by NDIRF
Opposing Counsel: Robert Rau
Current Status: Pending at ND Supreme Court
On August 23, 2016, the City was served with, among other documents, a Summons and Complaint, alleging that the City’s street (and other) improvements, repairs, and development caused damage to his property and, therefore, amounted to a taking by inverse condemnation. Plaintiff’s claims relate to improvements to the approximate area 0f4t~1 Street SW to 33”~ Avenue SW (Paving District 473). Plaintiff 5 is requesting (1) an order that his land has been taken by inverse condemnation without payment; (2) award for the taking, costs, disbursement, attorney fees, and expert witness fees; and (3) other relief as just an equitable. On September 13, 2017, the City filed an Answer.
The parties attended mediation on December 12, 2017 with attorney Steven Storslee acting as mediator. No agreement was reached.
This matter was discussed in executive session with Attorney Bakke at the January 8, 2018 City Council meeting pursuant to N.D.C.C. 44-04-17.1, 19.1, and 19.2 so that he could advise the Council regarding the pending action, and deliver his advice and guidance on the legal risks, strengths, and weaknesses, which, if held in public, would have an adverse fiscal effect on the Council. Attorney Bakke also allowed for an opportunity for the Council to discuss negotiating strategy and provide negotiating instructions, which if held in public, could have an adverse fiscal effect on the bargaining or litigating position of the City.
On April 16, 2018, Plaintiff filed a notice of appeal with the North Dakota Supreme Court. Separately, the City requested costs and a hearing is scheduled to take place in district court on May 16, 2018.
On May 16, 2018 a hearing on the City’s motion for costs was held at district court. The district court ultimately ordered that Plaintiff pay $3,070.00 in costs. The appeal process at the North Dakota Supreme Court, relating to the court’s prior dismissal, is ongoing.
Oral argument took place at 1:30PM on October 27, 2018 before the North Dakota Supreme Court. Attorney Randall Bakke argued on behalf of the City. The audio of the argument is available on the North Dakota Supreme Court website.
5. Stone Ridge Condominium Association v. Karl Buechler, Brad Beeter, and City of Minot Counsel: Randall Bakke and Brad Wiederholt Appointed by NDIRF
Opposing Counsel: Paul Sanderson
Current Status: Pending at District Court
The City was served with a Summons and Complaint on November 16, 2016. The matter relates to a fire that occuntd December 27, 2013 at Stone Ridge Condominiums in Minot. The Plaintiff alleges that the City of Minot is at least partially responsible for damages to the condominium property because (1) the City’s inspections department did not properly inspect the building throughout the construction and did not ensure the building was built in compliance with the building codes and (2) the City’s fire department failed to fully extinguish all potential fire sources which caused the fire to rekindle and spread through the concealed floor and roof truss space above the main level which caused significant fire and smoke damage. Plaintiff ultimately alleges that the City of Minot breached its duties and obligations when it negligently issued a certificate of occupancy certifying the building met the applicable building codes and that the City breached its duty by failing to fully extinguish the fire and failing to properly inspect the scene to ensure the fire was completely extinguished. The City filed an Answer on December 5,2016. The Court entered a scheduling order requiring the parties to be prepared for trial no later than April 1, 2019. On June 27, 2018, the Plaintiffs filed an amended complaint, adding Tom Weltikol as an additional defendant.
A status conference took place on September 24, 2018 and an amended scheduling order was issued on October 5,2018. 6 6. Joshua Peterson v. City of Minot and Brandon Schmitt Counsel: Randall Bakke and Shawn Grinolds, Appointed by NDIRF
Opposing Counsel: Michael Schmiege (pro hac vice) Mark Larson (sponsoring attorney)
Current Status: Pending at Federal District Court
On May 27, 2016, the City received a demand letter from Joshua Peterson’s attorney for $4,000,000.00 to settle all claims against all defendants in this matter. The City responded, indicating it would vigorously defend any claims brought by or on behalf of Peterson. Peterson filed a lawsuit in federal court against the City and a former City police officer, alleging excessive force, battery, and negligence; Peterson is requesting damages and fees. The allegations of the lawsuit stem from an officer-involved shooting that took place in the City in August 2014 after an officer responded to a call for service relating to an early morning burglary at a local business; the reports indicate that at the time of the shooting, the officer was investigating a suspicious vehicle and the officer fired his weapon at the vehicle after it drove at him.
On April 30, 2018, Attorney Bakke filed a motion for summaryjudgment on behalf ofthe City and Brandon Schmitt.
This matter is ongoing. On May 31, 2018, Attorney Bakke filed a motion to compel relating to discovery of Plaintiff’s computer.
On August 1,2018, Plaintiff filed a response to the City’s motion for summary judgment. On August 15, 2018, the City replied. The matter is fully briefed and the City is awaiting a decision from the Court.
In September, the Court granted the City’s motion to compel, in part, and denied it, in part. The City’s motion for summary judgment is still pending before the Court.
In October, a scheduling conference took place and Judge Miller extended the November 26, 2018 trial date. The new trial dates, which are tentative, are April 29-May 9,2019.
7. Lucke v. Solsvi2 et al. Counsel: Scott Porsborg Appointed by NDIRF
Opposing Counsel: Robert Martin
Current Status: Appeal at 8th Circuit Court of Appeals
The City was served with a Summons and Complaint on March 8, 2016; former Airport Director, Andrew Solsvig, is also named as a Defendant. The lawsuit concerns a commercial ground lease between the City and the Plaintiff’s family business. The business is operated in a building owned by the Plaintiff, located on real estate that is owned by the City. Essentially, Lucke alleges that the City and its former airport director, Andrew Solsvig, discriminated against her based on her race, in the negotiating of commercial leases at the Minot International Airport. Lucke requested the City be enjoined from any action relating to the discriminatory and disparate lease terms in the commercial lease; that the City be required to offer 7 comparable lease terms to Lucke; that the City be required to pay reasonable costs including attorney’s fees; and for other relief that the Court deems just and equitable. City filed an Answer on March 28, 2016.
The City filed for Summary Judgment on July 14, 2017. The Defendants filed a response on August 9, 2017. On November 2, 2017, the District Court granted the City’s Motion for Summary Judgment and determined there was no discrimination and that the City presented a “race-neutral” rationale for the disparate terms of the Plaintiff’s lease. On November 15,2017, the parties filed a stipulation ofDefendants’ costs and disbursements in the amount of $685.77. On November 29, 2017, Plaintiff filed a notice of appeal, appealing the Court’s Order granting Defendants’ motion for summary judgment to the Eighth Circuit Court of Appeals.
On January 10,2018, the Plaintiffs filed a Brief and Addendum asking the Eighth Circuit Court of Appeals to reverse the District Court’s granting of summary judgment and remand the matter to proceed to a full trial on its merits.
On February 12, 2018, the City filed a response to the Plaintiff’s Brief asserting that the District Court correctly found summary judgment in favor of Andrew Solsvig and the City of Minot and that their grant of summary judgment be affirmed.
In October, the Eighth Circuit Court of Appeals further reviewed the matter and, on October 4, 2018, determined the matter could be submitted on briefs without oral argument.
8. Envy Gentlemen’s Club Lawsuit Counsel: Bryan Van Grinsven, Appointed by NDIRF
Opposing Counsel: William Delmore
Current Status: Pending at District Court
In November of 2010, the City of Minot was served with a Summons and Complaint with regard to a prior zoning decision rendered by the City wherein a liquor establishment employing exotic dancers was required in July of 2011, to be located and operated only in an M-2 Zoning District, which is designated as an industrial zone. The Plaintiff’s lawsuit asserted United States constitutional violations, an unconstitutional talcing of property, and a request for attorneys’ fees with respect to the filing of this action. This case is being defended by the City and the North Dakota Insurance Reserve Fund has appointed Bryan Van Grinsven of the McGee Law Firm in Minot, North Dakota, to represent the City’s interests. The City filed a motion seeking to vacate the temporary injunction which had been previously granted against the City in the enforcement of the zoning restriction. On September 20, 2011, District Court Judge William McLees granted the City’s request to vacate the temporary injunction and thereby allowed the City, at that time, to prohibit the operation of the sexually oriented business. Remaining issues have been left before the Court with respect to the sufficiency of alternative sites available within the City. The Court administratively closed this file.
On May 30, 2017, the City of Minot was served with a Summons and Complaint by Envy’s Gentlemen’s Club. This matter is filed in federal court. The Summons and Complaint relate to a zoning ordinance change that was effective in September 2011 which required adult entertainment centers to be located in M-2 zoning districts. The Complaint alleges a takings claim and requests that the Court either permit Plaintiff to have adult entertainment pursuant to grandfathering, or award Plaintiff damages for the loss of 8 value in its property. On June 20, 2017, the City filed an Answer. The matter is ongoing at federal district court.
On February 19, 2018, the City filed a motion to dismiss the federal litigation due to the ongoing state court proceeding in Ward County District Court.
A hearing on the City’s motion to dismiss was held on July 20, 2018. After the hearing, Judge Miller issued an order suspending pending discovery deadlines and cancelling the pretrial conference and trial. On July 26, 2018, Judge Miller issued an order staying the federal court proceedings. This essentially shifts jurisdiction, at this point, back to state court.
9. Auer v. City of Minot (FCRA) Counsel: Randall Bakke and Shawn Grinolds, Appointed by NDIRF
Opposing Counsel: Pro Se
Current Status: FCRA Lawsuit: Affirmed by Eighth Circuit Court
Auer, former City Attorney, started a new lawsuit against the City of Minot, the Smith Bakke Porsborg Schweigert & Armstrong law firm (“Smith Bakke”), various credit agencies, and “John Does 1-100” alleging violations of the Fair Credit Reporting Act. NDIRF has appointed Randall Bakke of the Bakke, Grinolds, and Wiederholt firm to represent the City of Minot in Auer’s lawsuit.
This matter was previously dismissed, in part, by the Court; Auer voluntarily dismissed the only remaining claim against the City. Auer then appealed the Court’s decision to the Eighth Circuit Court of Appeals. In August 2017, Auer filed her appellate brief~ in September 2017, the City responded; on October 11, 2017 Auer filed her reply brief. This matter has not been set for oral argument. If oral argument is not set by the Court, the Court will decide the matter based on the submitted briefs.
On September 6, 2018, the Eighth Circuit Court of Appeals issued an opinion and judgment dismissing Auer’s claims under the FCRA on the basis that Auer lacks Article III standing to bring her claims in federal court.
On October 8,2018, Auer filed a motion for discretionary relief from the amended judgment for costs in the interests ofjustice or, in the alternative, for approval of an alternative payment method and release of the judgment, essentially alleging the remedy is necessary on the basis that the district court and Eighth Circuit were not impartial in handing her case. The City opposed vacating the cost judgment, but did not object to the alternative payment method.
November: On November 19, 2018, the Court denied Auer’s motion to vacate the cost judgment and granted the City’s motion to lift stay.
C. Other Civil Matters
1. Ordinance Revisions:
a. Meetings Ordinance:
9 1. This office drafted revisions to the meetings ordinances to address the City Council’s request to have two regular meetings every month. The ordinance revisions also addressed some issues relating to rescheduling meetings and ordinances that specified the Committee of the Whole review. The ordinance amendments are on first reading at the December 3, 2018 City Council meeting.
b. Liquor License Ordinances:
1. This office is worlcing with the City Clerk and Police Department on process issues relating to liquor licenses. After the October 30, 2018 Committee of the Whole meeting, the group will also consider revisions to the inactive license process and present that information to the City Council at a later date.
2. Dean Melius and Margo Ehr v. City of Minot: Counsel: City Attorney’s Office
Opposing Counsel: Debra Hoffarth (Melius Ehr) Bryan Van Grinsven (Water Board)
Current Status: Pre-litigation/Appeal to Office of State Engineer
Dean Melius and Margo Ehr own property outside of the corporate city limits. Melius and Ehr (“Property Owners”) filed a complaint with the Ward County Water Resource Board on July 7, 2014, alleging that their property has been damaged because City development has caused storm water drainage to be diverted to their property. The Board determined the complaint was not valid. The Property Owners appealed that decision to the State Engineer, and the State Engineer returned the complaint to the Board for further review after finding that the Board failed to determine whether any activities conducted upstream of the Property Owner’s property were conducted contrary to NDCC Title 61.
The City Engineer and City Attorney met with members of Board and Property Owners in February 2016. The City Engineer was taslced with researching the developments and/or storm sewer districts in Minot. In September, 2016, the City Engineer and City Attorney met with members of Board and Property Owners in September 2016. The Board asked its engineer survey the property.
On January 22, the City of Minot received notice from the Ward County Water Resource Board that an apparent drain (as defined by N.D.C.C. § 61-21-01) appears to have been constructed on property, some of which is owned by the City of Minot. The Ward County Water Resource Board alleges that this drain is an unpermitted drain opened or established contrary to N.D.C.C. Title 61 and has asked the City to either remove the unpermitted drain or obtain a drainage permit. Failure to do so would result in the Board procuring closure of the drain and assessing the cost of doing so against the City’s property.
On February 12, 2018, a hearing was held regarding the notice to remove an unpermitted drain. After the parties presented evidence, Loren Johnson moved that the City be required to remove the drain identified in the Board’s notice, and the motion passed 3-2 (Maurice Foley and Tom Klein opposed). Maurice Foley moved to allow the City 6 months to remove the drain; seconded by Jason Zimmerman. The Motion passed 5-0. The City plans to appeal the decision of the Ward County Water Resource Board to the Office of the State Engineer.
On March 23, 2018, the City submitted an appeal to the Office of the State Engineer. 10 3. NAWS: In August 2017, the District Court in Washington, DC concluded that the Environmental Impact Statement for the NAWS project met the requirements of the National Environmental Protection Act (NEPA). The State of North Dakota received notices in October 2017 that Manitoba and Missouri are appealing the District Court’s decision. On June 22, 2018, Manitoba moved to dismiss its appeal and Missouri filed its appellate brief. The response brief was due August 3, 2018.
II. Criminal Matters
A. Minot Municipal Court — Handled routine and daily matters in Minot Municipal Court for criminal prosecution (trials) and civil ordinance violations, as well as approval or initiation of criminal complaints for ordinance violations.
B. District Court — Appeared and responded to the scheduling of District Court transfer cases involving initial appearances, motion responses, motion hearings, status conferences, pretrial conferences, and order to show cause proceedings for criminal cases originating in the Minot Municipal Court and subsequently transferred to the Ward County District Court.
Respe tfully Submitted,
Kelly Hen&rshot City Attorney
11 PLANNING COMMISSION Regular Meeting November 26, 2018 Page 1 of 6
Regular Meeting: Planning Commission
Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND
Meeting Called to Order: Monday, November 26, 2018 at 6:30 p.m.
Presiding Official: Chairman, Jon Hanson
Members in Attendance: Randy Bartsch, Jody Bullinger, Charles DeMakis, Jon Hanson, Justin Hochhalter, Tim Keller, Todd Koop, Jynette Larshus, Dustin Offerdahl, Boyd Sivertson, Todd Wegenast, Bob Wetzler
Members Absent: None
City Staff Present: City Attorney, City Engineer, Asst. City Engineer, Principal Planner, Planning Asst., Building Official, Asst. Public Works Director, Public Information Officer, Alderman Podrygula
Others Present: Nicholas Marshall Meeting Called to Order by Chairman Jon Hanson
Approval of the October 29, 2018 Regular Meeting Minutes.
Motion by Commissioner Koop, seconded by Commissioner Sivertson, to approve the October 29, 2018 regular meeting minutes and was carried by the following roll call vote: ayes: Larshus, Offerdahl, Sivertson, Wegenast, Wetzler, Bartsch, Bullinger, DeMakis, Hanson, Hochhalter, Keller, Koop. nays: none
Motion passed
Item #1: Family Recreation Addition, Lot 1
Chairman Hanson announced that this item was being held over until the January 28th PC Meeting.
Item #2: The Planning Commission approved a request by Myles Dittus for a twenty-nine (29) foot variance to allow construction of a detached 3 car garage in front yard. Purpose of the garage is typical uses as parking vehicles and storage. Garage will be located at least 6 feet from the property line.
The property is located at 5030 14th Street, SE.
You may recall this property was before the Commission in October of 2017 for a subdivision and a variance to the minimum lot size. Now, a new owner would like to add an accessory building to this lot and there is only one location on site that is flat enough to erect such a building. Unfortunately, this site
1 | P a g e PLANNING COMMISSION Regular Meeting November 26, 2018 Page 2 of 6 is to the west side of the existing house in the front setback. This property is located in the two-mile ETJ.
In October 2017 there was a house located at 5030 and the neighbor to the west at 5036 14th Street SE that wanted to adjust the lot line between them so the neighbor could erect an outbuilding on the west lot. The two lots, known as Weber’s 1st Addition, Lots 1 and 2, were zoned RA, Agricultural Residential District, which requires a minimum of two acres for septic drain fields. Because of the steep topography on these lots there was no way to adjust the interior lot line to meet the applicant’s objective and still retain two acres in lot area. Therefore, a new plat was prepared called Weber’s 2nd Addition which comprised lots 1 and 2. The subject property for the current variance request is Lot 2 of Weber’s 2nd and it contains 1.57 acres. First District Health Unit reviewed and approved the reduced lot size for septic drain field sewer.
Finding of Facts:
1) The owners of two abutting lots reconfigured the shape of the lots in 2017 to make better use of the buildable area on the west lot and erect an accessory building. 2) Now, a new owner has purchased the east lot and would like to erect an accessory building but the only place level enough to accommodate such a building is in the front yard. 3) The zoning ordinance prohibits accessory buildings in the front yard, stating that they must be located in a side or rear yard. 4) There is no space suitable to accommodate an accessory building in the side or rear yard of the applicant’s lot due to the extreme topographic nature of the area. 5) The steep slopes on the lot make the applicant’s preferred location the only place on the lot that an accessory building can be erected.
Staff Recommendations and Conditions: Staff recommends approval of the variance request to allow the owner of Lot 2 of Weber’s 2nd Addition at 5030 14th Street SE to construct an accessory building measuring approximately 24 x 36 feet in the front yard of the lot due to the steep topography.
Chairman Hanson opened up discussion/comments from the commissioners and none came forward. He also invited any public input, either for or against, and none came forward.
Commissioner DeMakis moved to approve the request based on staff’s recommendations. The motion was seconded by Commissioner Offerdahl and carried the following votes: ayes: Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast, Wetzler, Bartsch, Bullinger, DeMakis. nays: none
Motion Passed
Item #3: The Planning Commission approved a request by Nicholas Marshall for a side yard variance to allow an 80 x 120-foot indoor horse riding arena on property zoned AG (Agricultural) in the two mile ETJ.
This property is located 7301 11th Avenue, SE.
2 | P a g e PLANNING COMMISSION Regular Meeting November 26, 2018 Page 3 of 6
The lot is quite large containing seven (7) acres with a house and some existing outbuildings. There is no size limitation in the code for accessory agricultural buildings in AG (Agricultural) zoning, no maximum height, no maximum coverage, no minimum lot dimensions. There is however, a minimum setback from any lot line of thirty-five (35) feet. The applicant is requesting a variance for a fifteen (15) foot setback from the side yard to erect the riding arena twenty (20) feet from the side property line instead of thirty-five (35) feet. In his application he offers the following explanation:
“A variance is being requested for us to be able to build a building within twenty feet of our property line instead of the thirty-five feet. In order for us to build an indoor horse riding arena that will be large enough to practice the necessary pattern and techniques that is also connected to the {existing} barn and fit into the space available we will need to have the building at the twenty-foot setback. This building will not be used for any commercial purposes.”
Finding of Facts: 1) The owners of a large residential lot would like to erect an indoor riding arena on the lot, however, in order to place the building where it makes the most sense on the lot given the existing conditions a setback variance is required. 2) The applicants have applied for a fifteen (15) foot variance from the side yard.
Staff Recommendations and Conditions: Staff recommends approval of a fifteen (15) foot variance request to allow an 80 x 120 foot indoor riding arena twenty feet from the east property line of Outlot 3 instead of thirty-five (35) feet. This variance is based on: • The size of the lot at seven (7) acres and the fact that the property is zoned AG Agricultural • The proposed arena is 170 feet from the public street • The proposed arena is behind an existing barn • The site is screened on all three sides by a vegetative buffer • There are similar sized large lots in the area with large outbuildings • The location and orientation of existing improvements on the site must work efficiently with the design and layout of the proposed arena and the requested location achieves these desired relationships most effectively.
Chairman Hanson opened up discussion/comments from the commissioners. Commissioner Bartch inquired if a hay storage enclosure was part of this request, and Lance Lang stated that there had been no discussions regarding hay storage, he assumes it will probably be stored in a hay loft? Commissioner Wetzler asked if there were any protest/opposition from the public and Lance Lang answered “no”.
Commissioner Wegenast moved to approve the request based on staff’s recommendations. Motion was seconded by Commissioner Larshus and carried with the following roll call votes: ayes: Wetzler, Bartsch, Bullinger, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast. nays: none
Motion Passed
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Item #4 The City Council approve the Subdivision of Belmont Addition, Lots 23 – 26, to be known as Belmont 3rd Addition, Lots 1 & 2. This is a corrected legal description. The property is located at 720 12th Street NE and 1200 8th Avenue NE
In September, two months ago, this subdivision request was on the agenda. This was the one that was prepared to clean up a situation with the jog in the interior lot line. The properties included in this subdivision are addressed as 720 12th Street NE and 1200 8th Avenue NE and the two owners want to straighten the interior lot line.
The Commission recommended approval of the subdivision request and it went on to City Council. Before the Council meeting an error in the legal description was discovered. Therefore, the subdivision plat has been remanded back to the Planning Commission.
These properties are zoned R1 Single-Family Residential to the north and the south lot is R1G. The zoning will remain unchanged.
Findings of the facts: 1. This subdivision was before the Commission recently and recommended for approval. 2. A mistake was found with the legal description so the plat is coming back through the approval process
Staff Recommendations and Conditions (if required): Staff recommends approval of this two-lot subdivision to be known as Belmont 3rd Addition, Lots 1 and 2, noting the proper legal description; being all of Lots 23-26 of Belmont Addition to the City of Minot, ND, lying in the SE Half of Section 13, Township 155N, Range 83W, Ward County, North Dakota.
Chairman Hanson opened up discussion/comments from the commissioners and none came forward. He also invited any public input, either for or against, and none came forward.
Commissioner Wegenast moved to approve the request based on staff’s recommendations. Motion was seconded by Commissioner Bartsch and carried with the following roll call votes: ayes: Wetzler, Bartsch, Bullinger, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast. nays: none.
Motion Passed
Item #5 The City Council approve an application by Trinity Homes to combine Trinity 1st addition Lot 1 and Outlot 8, Westom’s Addition Block 2 and ½ vacated 8th Avenue NE and Spring Lake Park Addition, Lots 5-8, Block 3 and ½ vacated alley and ½ vacated 8th Ave NE and Spring Lake Park Addition, Lots 1-4, Block 3 and ½ vacated alley on south and ½ vacated alley on east and vacated 8th Avenue NE into one lot to be known as Trinity 2nd Addition.
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The City Council also pass an ordinance to rezone proposed Trinity 2nd Addition, from R3B (Multiple Residence District) & R1 (Single Family Residential District) to RM (Medium Residential District).
This property is located at 305 8th Avenue NE. In August 2017 representatives from Trinity and their design team attended a Development Review Team (DRT) meeting to discuss this project. Trinity owned two residential lots with houses on them that they wanted to tear down and use the property for additional parking and a modest sized maintenance building. As you can see from the subdivision plat there are sixteen (16) lots plus vacated alleys and streets from parts of three (3) different subdivisions that comprise the campus area of about 5.56 acres. The existing zoning of the property is R3B, a defunct zone, plus the two residential lots that are zone R1. When Trinity reps asked staff what needed to be done staff told them to combine the many lots and vacated right-of-ways that constitute the footprint of the campus and create a one-lot subdivision and rezone all of it consistently to RM, Medium Density Residential District, which is the zoning district where nursing homes are a permitted use. RM zoning is also in conformance with the Future Land Use Map.
Two houses and three garages were demolished on the two residential lots but the maintenance building was never constructed. The area was converted to additional concrete surfaced parking. Recently, when Trinity reps asked if there was any other work required to finish the project staff reminded them that they had not submitted the rezoning or subdivision application. Now it is submitted and before the Commission for your review and recommendation.
It is interesting to note that they also own the parking lot on the south side of the property north of 7th Avenue NE, but that land is not included in this subdivision request. It is not clear why this property is being excluded.
Finding of Facts: 1. The applicant had acquired two residential lots adjacent to the Trinity Nursing Home and want to be able to use them for expansion of the nursing home property. 2. They would like to tear down the houses and garages and convert this area into additional surface parking and perhaps a small maintenance building. 3. Staff advised them to consolidate several lots into one lot that would contain the entire nursing home campus and to rezone the land to the proper zoning district of RM, Medium Density Residential which is in conformance with the Future Land Use Map. 4. They have completed the construction work, converting the area to surface parking but they opted not to build the maintenance building. They also never submitted an application for rezoning and subdivision platting. 5. They have now submitted these applications.
Staff Recommendations and Conditions (if required): Staff recommends approval of this rezoning and one-lot subdivision to be known as Trinity 2nd Addition, Lot 1.
Chairman Hanson opened up discussion/comments from the commissions and none came forward. He also invited any public input, either for or against, and none came forward.
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Commissioner Wegenast moved to approve the request based on staff’s recommendations. Motion was seconded by Commissioner Keller and carried with the following roll call votes: ayes: Wetzler, Bartsch, Bullinger, DeMakis, Hanson, Hochhalter, Keller, Koop, Larshus, Offerdahl, Sivertson, Wegenast. nays: none. Other business:
Jason Sorenson, Assistant Public Works, came forward to give a brief update on the landfill situation. Sorenson noted that he has been before the City Council and did not want to bypass the Planning Commission. He is waiting on a decision and direction from the City Council and once he receives it he will be back before the PC if required.
With no other business before the Commission, the meeting was adjourned at 6:52pm.
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Members Present: Sipma (Mayor), Jantzer, Olson, Pitner, Podrygula, Straight, Wolsky Members Absent: None To the Honorable Mayor and All Aldermen:
Following are the recommendations of the Committee of the Whole meeting called to order at 4:15 p.m. on Tuesday, November 27, 2018:
1. The City Council approve the Settlement agreement, release, and covenant not to sue, between the City of Minot and Polaris, LP and authorize the Mayor to sign the agreement.
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
2. The City Council pass an ordinance to amend the 2018 annual budget to increase the Airport landside maintenance and capital expense accounts for parking lot improvements and rental car relocation; and approve Change Order No. 2, Parking Lot Improvements Construction Support; and authorize Mayor to sign all applicable documentation. (AIR071)
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
3. The City Council approve the Airport Lease, T-Hangar between the City of Minot and Craig VanTilborg for T-Hangar No. 6 for $75.00 per month; and authorize the Mayor to sign the agreement. * * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
4. The City Council approve an adjustment to final payment for completion of Park South LMI Multi-family housing project in the amount of $120,585.25.
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
5. The City Council amend the existing sub-recipient agreement with the Souris Basin Planning Council extending the term for 1 year and adding CDBG-NDR and CDBG-DR Allocation #1 funds. * * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
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6. The City Council grant approval to authorize the ability for the City to commence eminent domain proceedings to acquire 9 properties need for flood mitigation projects should purchase negotiations not come to agreement on price.
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
7. The City Council grant approval to add the structure located on 1115 6th Avenue SW acquired through CDBG-NDR flood mitigation buyout program to the auction list.
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
8. The City Council approve the following award contracts to lowest responsible bidders for demolition of structures: 400 Maple Street- Dig It Up Backhoe Service, Inc. (3755.8) 430 4th Ave. NE- Dig It Up Backhoe Service, Inc. (3755.7) 205/215 Maple Street- Dig It Up Backhoe Service, Inc. (3755.9) 614/701 4th Ave. NE- Berger Enterprises (3755.10)
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
9. The City Council appoint Ward County State’s Attorney Roza Larson or her designee as Special Assistant Minot City Attorney to prosecute Ward County Case No. 51-2018-CR- 02238. * * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
10. The City Council appoint Attorney Caitlyn A. Pierson to represent the City of Minot in the prosecution of municipal ordinance violations and authorize the Mayor to sign any agreements relating to Attorney Pierson’s appointment.
* * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
11. The City Council authorize city staff to submit the HSIP grant to install pedestrian signal improvements at 3rd Street/3rd Avenue SE and Burdick Expressway/13th Street SE; and authorize the Mayor to sign the grant applications. (4426)
* * * * * * * * * *
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The above motion by Alderman Olson, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
12. The City Council Authorize City staff to submit the Transportation Alternatives application for the 16th St SW Shared Use Path Replacement; authorize the Mayor to sign the application; and authorize the inclusion of the project in the 2021 Capital Improvement Plan. (4183) * * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Wolsky.
Alderman Wolsky pointed out that the motion approves including the project in the 2021 CIP which will be revised this spring. He then asked if the project will include Federal or State funds.
The City Engineer explained, there are Federal funds passed through the State. The DOT manages that account and the City submits an application to the DOT for funding. He said, there is no guarantee this project will be funded in 2021; it could be 2022, 2023, or not at all.
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: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
13. The City Council authorize the engineering department to solicit Requests for Qualifications for engineering services for the Storm Sewer District 123 – 10th Street SW Project. (4393) * * * * * * * * * * The above motion by Alderman Wolsky, seconded by Alderman Olson.
Alderman Wolsky stated, he wanted to bring awareness on this project. The last time a Storm Sewer District was created and special assessments took place, there was a lot of conversation about the project.
Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Olson, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
14. The City Council authorize the Mayor to sign the decision document for the Washington Elementary School Safe Routes to School project. (4367)
* * * * * * * * * * The above motion by Mayor Sipma, seconded by Alderman Olson.
Alderman Wolsky said, the projects resulting from this study were decided in 2010 and need to be revisited. He then asked about the 10% engineering fee for the project and said, it seems excessive.
The City Engineer explained that the engineering cost is just an estimate. The reason construction engineering costs are included in the project is because the City does not have anyone on staff that can handle the NDDOT requirements. They can do the surveying and inspections but when it comes to the volumes of paperwork required just for a simple sidewalk it becomes onerous. He said, in the past, they
CITY OF MINOT COMMITTEE OF THE WHOLE November 27, 2018 Page 4 have solicited proposals from engineering consultants to help with the DOT paperwork. City staff can survey and do most of the work. The contract will include an hourly not to exceed amount based on a scope that is yet to be developed. The cost depends on how long the project takes. If the low bidder is an experienced contractor, it could be done in as little as five days. If it’s a contractor that takes weeks to do the project, the cost could reach the estimate of $30,000. The City Engineer said it is not uncommon to have higher engineering costs on smaller projects. He explained, as the project cost increases, what consultants charge will go down because it wouldn’t be fair to charge 15% on a $30 million project. A smaller scale project still has hourly wages that must be paid to those consultants.
Alderman Straight asked if these Safe Route to School projects are new and how they originated.
Mr. Meyer explained, the projects have been taking place for over 10 years. A study was initiated in 2010, to find where issues were located, prioritize them and group them together to gain cost effective bids. He said we are getting to the latter part of the report so in the next few years he recommends initiating a new study and possibly expanding the scope to include shared use paths. We can continue to apply for grant funding through DOT or other funding sources.
The City Engineer listed several projects that have taken place including Lewis and Clark, areas around Washington, and Perkett.
Upon questioning by Alderman Podrygula, Mr. Meyer said, the timeline for completing all of the projects depends on grant funding. It could be completed in 3-5 years but could take as much as ten if they are not selected to receive grant funding. He also recommended conducting a new study within three years because the costs are outdated and some data has changed.
Mayor Sipma stated, this project was initiated about ten years ago because some neighborhoods did not have sidewalks at all and variances had been granted to allow it. It was an inconsistent policy in the past but we don’t see the need in newer areas where sidewalks are now mandated.
Alderman Wolsky suggested the Anne Street Bridge might qualify as a project under this scope. Mr. Meyer agreed.
Whereupon a vote was taken on the above motion by Mayor Sipma, seconded by Alderman Olson, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
15. The City Council update the City of Minot’s insurance coverage with First Western Insurance. * * * * * * * * * * The above motion by Mayor Sipma, seconded by Alderman Pitner.
The Finance Director explained that he brought this issue to the Council over the summer when staff reviewed coverage for the parking structures. They identified a number of issues regarding City owned properties having inadequate coverage. There was also a coinsurance clause in the existing coverage that further penalized the City if there was not enough coverage and there was a claim against the property. State Fire and Tornado limited the coverage to the contract amount even if the value of the building had increased over time so it was difficult to increase our coverage to our requested amounts. The RFP
CITY OF MINOT COMMITTEE OF THE WHOLE November 27, 2018 Page 5 identified properties that did not have enough coverage, consolidated the list of properties, added about $20 million in property value, and eliminated the coinsurance provisions. NDIRF, who holds our liability coverage, because of our claims history have issued a premium increase to our policy which is reflected in the proposal. He mentioned that some of the policies are staying with the same agencies. The main change is with the blanket property coverage and the boiler and machinery coverage. The result is an increase in the premium but it is still less than what was anticipated in the budget.
Mayor Sipma said, there was a discussion about NDIRF taking over the fire and tornado coverage in the future and when that happens it can be revisited. He added, he is comfortable with the increased amount of protection.
The Finance Director stated, the proposal is for a two year term with options to extend in the future. There should not be many changes but we will have the opportunity to adapt if necessary.
Alderman Podrygula asked if there is still an opportunity to fine tune the proposed agreement. He mentioned a few areas of concern including a clause for furs, as well as jewels, pearls and precious metals. He asked if these were necessary to include.
Mayor Sipma said, they may be included as automatic increase under the blanket policy but he can look at it and consult with the Finance Director before final approval.
The City Manager said, those categories might be included to cover things confiscated as evidence or loss of items on City property.
Whereupon a vote was taken on the above motion by Mayor Sipma, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
16. The City Council pass an ordinance on first reading to repeal and reenact sections 2-126, 2- 157, 4-16, 5-25, 5-32, 9-135, 18-193, 18-196, and 18-197 of the City of Minot Code of Ordinances in order to reflect the City Council’s decision to discontinue the regular use of the committee of the whole and, instead, have two regular City Council meetings each month. * * * * * * * * * * The above motion by Alderman Olson, seconded by Alderman Pitner.
The City Manager called attention to the primary changes taking place in the ordinance revisions. He said, the City Council meetings will be held the first and third Monday at 5:30 pm and the Committee of the Whole meetings will be eliminated. There are also proposed changes to the policy on rescheduling meetings which will be permitted with approval by the Mayor, City Manager and City Council President.
Alderman Podrygula said, he appreciates the revision to the rescheduling policy but believes requiring all three officials is needlessly cumbersome.
Alderman Podrygula moved to amend Section 2-28 (b) to state that if two of the three, the city manager, the mayor and the council president agree, in writing, that a regular meeting should be rescheduled due to inclement weather or a public safety concern, the meeting shall be rescheduled to a date within eight (8)
CITY OF MINOT COMMITTEE OF THE WHOLE November 27, 2018 Page 6 days of the date the meeting would, pursuant to 2-26, have occurred in the absence of such rescheduling. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
Alderman Podrygula moved to amend Section 2-30 (Order of Business) (10) to state “Miscellaneous and New Business.” Motion seconded by Alderman Wolsky.
Alderman Podrygula explained, he would like to see more flexibility in the agenda and would like more informal opportunities to discuss issues without taking action.
Alderman Olson said, she agrees with the idea but believes the public should be made aware of any topics to be discussed prior to meetings.
Mayor Sipma stated, the current Council has an understanding that these issues will be for discussion purposes only but a future Council may not feel that way. He would prefer to give staff time to collect information prior to discussing during the meeting.
Alderman Podrygula changed his motion to state “Miscellaneous and Discussion Items” rather than Miscellaneous and New Business.” Alderman Wolsky, as the second, agreed.
The City Attorney clarified by saying, historically, council members have brought items up under other business. Specific items have also been approved under other business. She said, under State law, the Council can bring up new items during regular Council meetings but cannot during special Council meetings.
Whereupon a vote was taken on the amendment by Alderman Podrygula, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Pitner as amended, and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
The City Manager stated, in order for the ordinance to take effect next year, a second reading of the ordinance must be approved before the end of the year, therefore a special City Council meeting will be scheduled in December.
17. The City Council deny the request by C & K Consulting, LLC for an abatement to reduce the 2016 True and Full Value for 16 vacant lots owned by C & K Consulting on or near Mulberry Loop and Olive Tree Circle. * * * * * * * * * * Michael Raum and Brandt Doerr of Fredrickson & Bryon P.A., came forward to represent the applicant on the abatement requests. They distributed a binder of information on each of the abatement requests. Mr. Raum recognized that the City Assessor is responsible for assessing thousands of properties and explained that the legislature has provided them the process to take a position that certain assessments are incorrect. The issue being discussed is finding the full and true value of the properties based on market conditions.
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The first set of properties for discussion were vacant lots that were assessed at $75,000 each in 2016. The applicant is requesting the assessment be lowered to $25,000 each. Mr. Raum explained that it is sometimes difficult to assess values to vacant lots because there are fewer comparable sales and there isn’t any income data to rely on. He showed documentation saying the lots were marketed for sale at $50,000-$60,000 and stated, the sale price is expected to be considerably higher than the assessment. He added that none of the lots sold which indicates they were appraised too high. He then pointed out documentation from sales that took place in 2017, confirming that identical lots sold for $25,000. He recognized that the data would not have been available at the time of the appraisal but said, they can use information from a later date if it confirms market trends.
The City Assessor stated, the application for abatement was made three years after the assessment was done. The Assessor’s Office did not have the information about the sale price of the properties and could not find any listing saying they could be purchased for $50,000 in 2016. He said there are recorded sales between 2012 and 2014 indicating that similar vacant lots were being sold for $68,000 to $75,750 plus the cost of special assessments for the area. He demonstrated how the model used to determine the value was at 101% meaning they were very close to market value at the time. Mr. Ternes also explained that they only consider values from properties sold between January 1, 2015 and December 31, 2015 and they cannot reset assessments based on sales that occurred two years later. He also mentioned that all of the similar lots in that area were assessed the same regardless of who owned them. He recommended the Committee deny the request for abatement.
Upon questioning by Alderman Podrygula, Mr. Ternes said, at the time of the assessment in 2016, the market value was $75,000 and the model used was 100%. There may be sales now that backup a $25,000 market but the sales in 2016 confirmed a $75,000 assessment.
Mr. Raum stated, the timeframe for applying for an abatement is determined by the legislature but the question remains, is the true and full value supported by data at the time. He said, every taxpayer has the right to appeal and they should not be penalized because other property owners have not appealed.
Mayor Sipma moved to deny the abatement request to reduce the 2016 True and Full Value for 16 vacant lots owned by C & K Consulting on or near Mulberry Loop and Olive Tree Circle. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
18. The City Council deny the request by Stonebridge Villas II, LLC (3215 8th Street NE) for a reduction of the 2016 Property taxes
* * * * * * * * * * Mr. Raum came forward to discuss the next abatement request. He apologized for the volumes of information placed before the Committee but said, once they submit their application, there is very limited time before appearing at the meeting. For this request, they provided information documenting the income approach of determining value using actual rent and expenses from the time period. They applied a capitalization rate based on a survey to come up with an assessed value for the combination of the properties listed at 3215 8th St NE and 3241 8th St NE. He said, the properties are appraised at $12.8 million and they are asking for a reduction to $9.2 million. He said there was nothing retroactive about the data, it reflects actual operation costs from 2015.
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Mr. Ternes said, the abatement for 3215 8th St NE looks at the market at the beginning of 2016. It is a 42 unit building and the applicant is asking for a 45% reduction on the application. The request on their application is for a much lower amount than their data suggests. He also mentioned, it is a very large request considering there was no appraisal done. He suggested some alterations to their calculation using the income approach. Mr. Ternes said, they are using a vacancy rate of 25% but he suggested they use a rate closer to 15%. He said the rate in December may have been 25% but throughout the rest of the year, it is likely that it was lower. An appraisal submitted for another property of theirs shows the vacancy rate in that area was about 8%. In addition, the capitalization rate they used was about 10% when it should be at 9%. He said, if they substitute those numbers, they will find that the valuation assessed by the City was actually less than if using the income approach.
Mr. Ternes requested the Committee deny the abatement request for several reasons. He said, the document they filled out requested a valuation of $77,000 per unit when they were assessed at $139,000 per unit but now they are suggesting a different amount.
Mr. Raum said that North Dakota law allows an owner to testify to the owner’s opinion of value. He then explained the values used in their calculation of the income approach. He said they used a vacancy rate of 17% and a base capitalization rate of 8.7%.
Alderman Wolsky moved to deny the abatement request by Stonebridge Villas II, LLC (3215 8th Street NE) for a reduction of the 2016 Property taxes. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
19. The City Council deny the request by Stonebridge Villas II, LLC (3241 8th Street NE) for a reduction of the 2016 Property taxes
* * * * * * * * * * Mr. Raum came forward to state, this request was combined with the last property when calculating a value.
Mr. Ternes added, if using the model Mr. Raum described, they would get a higher number than what was requested in their application. They did not provide information to support their valuation. He then demonstrated the value of this property compared to similar newly built properties in the area. The current assessment is $124,000 per unit. When ranked against other newly built apartments, this property is one of the higher per unit assessments because they contain three bedroom units. If the value was lowered to what they are requesting, it would place them as the lowest valued property at $7,500 per unit. Mr. Ternes also mentioned that the value of apartments overall were already reduced by about 14% between 2015 and 2016.
Mr. Raum stated, the apartments being discussed are only two bedrooms. The number of bedrooms was not verified.
Mayor Sipma moved to deny the abatement request by Stonebridge Villas II, LLC (3241 8th Street NE) for a reduction of the 2016 Property taxes. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
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20. The City Council deny the request by Stonebridge Villas LLC (3343 8th Street NE) for a reduction of the 2016 Property taxes on a 68 unit apartment complex. * * * * * * * * * * Mr. Raum began by stating, the property contains 68 units. They used the income approach to determine a value of $5.5 million.
Mr. Ternes expressed his frustration that his office has put in 50-60 hours of work on these abatements when the application requests one number and the documentation supports a different number. He continued by saying, the request on the application is for a reduction in value to $3,655,000 but their documentation suggests a value of $5.5 million. He showed that the State tax department model which demonstrates that the Assessor’s commercial model is between 90%-100% on all sales. If the model shows the values are very different then staff would drill down to find the error. He explained, in this case the apartment’s value was lowered about 14% like other apartments in Minot, from $132,000 in 2015 to $113,000 in 2016. What they are asking for on the application is $3,750 per unit.
Mr. Raum came forward to clarify, they provided an estimate on their application before conducting their research but the goal is still to find the true and full value. They came in tonight with a number that is higher than their initial estimate and they are free to deviate upwards in order to reach the true and full value. They are trying to be as reasonable as possible.
Alderman Wolsky moved to deny the abatement request by Stonebridge Villas, LLC (3343 8th Street NE) for a reduction of the 2016 Property taxes on a 68 unit apartment complex. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
21. The City Council deny the request by Townhomes at Stonebridge for a reduction of the 2016 Property taxes on 46 Townhomes along 7th Street NE.
* * * * * * * * * * Mr. Raum stated, they have provided a full appraisal for this property that was done in October, 2015 for the purpose of financing. They are asking for a modest reduction from the assessed value of $10.3 million to a value of $9.85 million. He recognized that their application requested a much lower value but he clarified that this is their request.
Mr. Ternes explained, the property contains 46 units owned by one company and operated as an apartment. Townhomes are assessed separately as a single residential rate and cannot be assessed as one property. Residential rates are about 10% less than commercial. They use comparable sales of single family residential units to determine the value, not commercial apartments. The appraisal would be very helpful if they were looking at a commercial complex. The Assessor used sales of individual units to support their value. He recommended denial of the abatement.
Mayor Sipma moved to deny the abatement request by Townhomes at Stonebridge for a reduction of the 2016 Property taxes on 46 Townhomes along 7th Street NE. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
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22. The City Council deny the request by Stonebridge Development Company for a reduction of the 2016 property taxes on or near Mulberry Loop NE, Olive Tree Circle NE, and 34th Avenue NE. * * * * * * * * * * Mr. Raum stated, this application is similar to the first application that was discussed.
Mr. Ternes explained, they are unable to use data that became available after the assessment. They used sales from the time period to support their assessment.
Alderman Pitner moved to deny the abatement request by Stonebridge Development Company for a reduction of the 2016 property taxes on or near Mulberry Loop NE, Olive Tree Circle NE, and 34th Avenue NE. Motion seconded by Mayor Sipma and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
23. The City Council discussed implementing an ombudsman position on the City Council.
The City Manager explained, as a result of the change in government, there are no longer representatives for different wards because all Council members are elected at large. The public often doesn’t know who to contact to discuss an issue. An ombudsman would be a point of contact for the citizens of Minot and could direct inquiries in the appropriate manner. The position could be rotated for a set period of time or the Council could discuss other options.
The Council agreed it would be worthwhile to explore. In an example where one citizen reaches out to all Council members by email, there could be conflicts with open meeting violations if they all respond. It would be more efficient to have one Council member responsible for sending a response and following through with a department rather than having each member contact a department separately. They mentioned that it would be a good way to track citizen requests but it should not discourage the community from reaching out. Each Council member will continue to answer calls and field questions from citizens but the ombudsman would act as a main point of contact.
The City Manager was given direction from the Council to develop an approach for the ombudsman position by identifying a job description, and role as well as a process for administration and direction for the rest of the Council. He will explore options and present a report for the Council to approve.
24. The City Council direct City staff to file an application with the Planning Commission to move forward with rezoning the entire 320 Acres to Public for expansion of the Landfill; Direct City Staff to move forward with permitting the expansion into 160 of the 320 acres in described areas: East 1/2 of the NE 1/4 Section 33-155-83 and North ½ of the SW ¼ Section 33-155-83 and direct City Staff to conduct a comprehensive siting and financial impact analysis for a new landfill within 5 years of permitting the partial expansion.
The Assistant Public Works Director, Jason Sorenson, gave a brief presentation to recap the discussion from the previous month and provide clarification on a few issues. He described the location of the landfill and the issues that led to the need for additional landfill capacity. There were three options considered for future disposal including, expansion, finding a new site, or collection and haul. The cost to expand the landfill at its current location will cost an estimated $3.7 million annually over 20 years. The cost for a new site at comparison #1 is estimated to be $5.6 million annually and comparison #2 estimated
CITY OF MINOT COMMITTEE OF THE WHOLE November 27, 2018 Page 11 at $5.7 million annually over 20 years. If a new location was developed, the additional monthly charge per household would be about $7.00 or an increase of 43%. The cost for collection and haul was deemed too significant to pursue.
During the previous discussion on this issue, there were some concerns about the Minot landfill absorbing the burden as a regional facility. Mr. Sorenson clarified some misconceptions that were mentioned. He explained, prior to 1993, there were 111 landfills in North Dakota. After the EPA established subtitle D regulations, the number of landfills was reduced to 13, leaving Minot as the only landfill in Region II. As waste haulers requested to bring trash to Minot, permission was granted and in 1999 the City Council released all restrictions on Region II. Waste is still collected from outside Region II on a case by case basis. What has happened is, as the City collected revenue from outside the Region, they pulled back from charging City of Minot residents.
He clarified the quantities of waste accepted, by saying, the City of Minot including residential and commercial waste, makes up 27,884 tons of MSW collected at the landfill. The regional MSW contributes another 43,365 tons. The total MSW makes up about 62% of all waste at the landfill but Minot also deposits 20,599 tons of inert waste, 2,921 tons of yard waste, 2,104 tons of trees, and 18,764 tons of lime. He stated, 405 of MSW come from residential and commercial entities within Minot but a total of 61% of waste at the landfill is accepted locally and 39% of waste is from the rest of the region. He then described the financial contributions made locally and from the region. He showed data separating the types of disposal and the various amounts charged and explained that, local charges make up $1,452,663 or 45% of revenue, whereas, regional charges equal $1,780,133 or 55% of total charges. In summary, the City of Minot contributes 61% of the total volume but only pays 45% of the total bills. He said, there was the assumption that the City was subsidizing the entire region but that is not the case. The regional contribution makes it possible for the City to defray the cost of disposal for our citizens.
Mr. Sorenson then explained why staff is not in favor of a regional authority. He said, the majority of waste collected is from the city of Minot and it is beneficial to maintain control of the availability and prices charged at the landfill. If the landfill was in the hands of a regional authority, Minot would be only one voice. It is in our best interest to maintain control of ownership and operation of the landfill.
He concluded by stating, the recommendation from staff is to expand the existing facility at the current site. There are operational efficiencies gained by utilizing only one location. The timeframe necessary to relocate should have begun ten years ago if it is to take place before space runs out, and expanding the current location is economically more efficient for the residents of Minot. He said, based on the input from residents at meetings and on social media, the opinion is three to one in support of expanding the landfill. He then said, if the Committee supports staff’s recommendation, it will move forward for approval at City Council, an application would be submitted to the Planning Commission for rezoning, then the rezoning would be considered at City Council before a full facility application would be submitted to NDDH.
Upon questioning by Alderman Wolsky, Mr. Sorenson said, the recycling report was conducted by the same consultant as the site analysis and is expected to be completed in the next month.
Mr. Sorenson responded to questions about the amount of time left at the current landfill by saying, inert waste is at its peak and could expand laterally for a few years but has not been studied. The MSW is estimated to last until 2023-2025. He said, if approved, it would take about 18 months to receive a permit
CITY OF MINOT COMMITTEE OF THE WHOLE November 27, 2018 Page 12 for the expansion. By comparison, expansion could take place much faster than relocating. A new location involves a more lengthy permitting process and new hurdles that expansion does not require. For example, the City of Grand Forks took 15 years to find a new site for their landfill.
Alderman Olson moved to expand the landfill at the current location. Motion seconded by Mayor Sipma.
Alderman Straight said, he understands that a solution should have been found 10 years ago, but land wasn’t for sale. He also brought up issues regarding the lack of planning in the City of Minot. He wondered if it would buy some time if we no longer accepted regional waste.
Mayor Sipma stated, the fact is that the City of Minot is a regional landfill. Minot is responsible for regional flood protection, is the regional water supplier regarding NAWS, a regional commercial center, and it would be detrimental to shut out the rest of the region. In addition, the longer this is delayed, the more difficult it will be to find suitable piece of land around the county. He estimated it would take the better part of a decade to work through the legal process of obtaining land for a new site. He said, we will continue to look but the bottom line is, we need to expand now. The area continues to grow economically expanding our infrastructure at the current taxpayer cost.
Mayor Sipma moved to amend the motion to direct City staff to file an application with the Planning Commission to move forward with rezoning the entire 320 Acres to Public for expansion of the Landfill; Direct City Staff to move forward with permitting the expansion into 160 of the 320 acres in described areas: East 1/2 of the NE 1/4 Section 33-155-83 and North ½ of the SW ¼ Section 33-155-83 and direct City Staff to conduct a comprehensive siting and financial impact analysis for a new landfill within 5 years of permitting the partial expansion. Motion seconded by Alderman Podrygula.
Alderman Jantzer agreed, this motion is what they were trying to accomplish during the previous discussion.
Alderman Podrygula said, although he believes the land in that area is too valuable to be used as a landfill, there is no choice but to expand. We can’t take the risk of trying to find new land. He mentioned, this is a statewide issue but we have to make the best of what we have. He emphasized the need to look at recycling.
Alderman Wolsky said he is opposed to the motion. He would like to see more restriction on the size of the expansion.
Alderman Pitner asked why we need to move forward now when we could wait two years based on the remaining capacity. The last ten years of the energy boom and the 2011 flood ate up some of our time with the landfill but there is still time to look for other options.
Whereupon a vote was taken on the amendment by Mayor Sipma, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Podrygula, Sipma. nays: Pitner, Straight Wolsky.
A vote was then taken on the motion by Alderman Olson, seconded by Mayor Sipma, as amended and carried by the following roll call vote: ayes: Jantzer, Olson, Podrygula, Sipma. nays: Pitner, Straight, Wolsky.
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25. The City Council direct staff to conduct a study of tipping fees to see if Minot’s rates are aligned with those around the state.
* * * * * * * * * * The above motion by Alderman Wolsky, seconded by Alderman Straight.
The City Manager said, he is not certain what it would cost to conduct this type of study and said it is not typically done in-house.
Alderman Wolsky clarified, he is just suggesting someone call other municipalities around the state to find out what they are charging. He wants to ensure, Minot is not incentivizing dumping here opposed to other locations.
Mr. Sorenson said, each year Minot’s tipping fee is calculated based on a waste quantity estimate. The fees may not be aligned with others around the state because they are based on operation costs.
Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
26. The City Council direct staff to evaluate the cost savings gained by providing once per week garbage collection.
* * * * * * * * * * The above motion by Alderman Wolsky, seconded by Alderman Straight.
Mayor Sipma clarified, the motion is to conduct the analysis but they are not suggesting the changing service at this point.
Alderman Straight said, he is looking forward to the conversation on single use plastic bags and recycling. He said, consumption is not cheap and it is important to set priorities and plan for the future.
Alderman Podrygula said, he is not in favor of reducing services but believes they should be priced fairly for what it costs to conduct the service.
Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
There being no further business, the meeting was adjourned at 7:04 pm.
Respectfully Submitted, Kelly Matalka, City Clerk
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Members Present: Sipma (Mayor), Jantzer, Pitner, Podrygula, Straight, Wolsky Members Absent: Olson To the Honorable Mayor and All Aldermen:
Following are the recommendations of the Committee of the Whole meeting called to order at 4:15 p.m. on Wednesday, November 28, 2018:
1. The City Council approve the final payment of $36,422.87 to be paid to West River Striping Company for the 2018 pavement markings. (4343)
* * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
2. The City Council approve Final Pay Application No. 3 in the amount of $43,987.35 to be paid to Keller Paving and Landscaping, Inc. for the 2018 Sidewalk, Curb, & Gutter project. (4311) * * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
3. The City Council approve the final payment of $498,789.96 to be paid to Bechtold Paving, Inc. for the 2018 Street Improvement District. (4308)
* * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
4. The City Council approve revisions to the Cemetery Superintendent job description as proposed. * * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
5. The City Council adopt a resolution approving participation in the NDPERS Portability Enhancement Program. * * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
6. The City Council pass an ordinance to amend the 2018 annual budget to move $15,771.18 from the Library's Cash Reserves into the Library's Salaries for 2019 in order to correct this discrepancy without impacting the Mill Levy.
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* * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
7. The City Council approve the Right of Way Encroachment Agreement Application submitted by Norsk Brothers, LLC for the installation of an ADA access ramp at their building at 18 2nd Street NE. * * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
8. The City Council accept the drainage easement on a portion of Park in Block 5, Edgewood Vista Subdivision, to the City of Minot, North Dakota. (4427)
* * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
9. The City Council authorize the Transit Department to proceed with the purchase of an upgrade to the current RouteMatch Intelligent Transportation Systems hardware and software and pass an ordinance to amend the 2018 annual budget. (BUS034 & 4430)
* * * * * * * * * * The above motion by Alderman Pitner, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
10. The City Council approve the final payment in the amount of $971.98 to Dig It Up Backhoe Service for 2018 Nuisance Abatement. (4347)
* * * * * * * * * * The above motion by Alderman Straight, seconded by Alderman Pitner.
Alderman Straight brought up issues regarding nuisances in general including how to better identify nuisances around the city and how to abate them more quickly. He said, he believes the City needs to be more forceful when it comes to enforcement of these issues.
Alderman Podrygula agreed and raised concerns about the zombie homes around the community and the difference between a yard that is just messy compared to a yard that can be defined as a nuisance.
Alderman Wolsky said, they receive a number of calls about aesthetics in the community.
Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Pitner, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
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11. The City Council approve the final payment to Pace Construction Inc. in the amount of $115,666.75 for the SWIF Action B Storm Sewer Outfall Televising and Inspection Project. (3135.2B) * * * * * * * * * * The above motion by Alderman Straight, seconded by Mayor Sipma.
Upon questioning by Alderman Straight, the Public Works Director stated, this project televised anything that penetrates through the flood line of protection and into the culverts, gate wells, flap gates, and all structures in and out of the dead loops. A report was done in order to move forward with the assessment of cleaning, repairs or replacement.
Mr. Jonasson continued by saying, they have looked for cost effective solutions to maintain the flow of water including a storm water tornado but when there is a large pipe with a lot of flow, there is a lot of silt collected that needs continuous cleaning. They were recently in Nubbin Loop and at Oak part removing sand and silt as part of the SWIF maintenance.
The Public Works Director said they are now working on SWIF-D but there will be at least two more to address the deficiencies found in the report. He responded to further questions by saying, the results of the report were better than he expected. He knew there were issues with pipes but mostly it involves a lot of cleaning which is not easy or cheap to do. It is a combination of age and the 2011 flood that have rusted the pipes but they have exceeded their life expectancy.
Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Mayor Sipma, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
12. The City Council approve the transfer of land, whose legal description is Lot One (1), Block One (1), Tollberg Shores Second Addition, Ward County, North Dakota, from Northern Lights Property Development, LLC to the City of Minot, and authorize the Mayor to sign the Real Estate Transfer Agreement. (3575)
* * * * * * * * * * The above motion by Mayor Sipma, seconded by Alderman Straight.
Alderman Wolsky asked what the transfer of land would cost the City annually in operations and maintenance and if there are any known replacement costs to consider.
The City Engineer stated, there isn’t any substantial operating or maintenance costs and it would be mostly limited to mowing. The infrastructure that leads into the pond is brand new and punch lists are completed. He further explained, it was an existing lake which was a landlocked slew with no outlet. As the area developed it was more cost effective for the city to have one regional detention pond rather than multiple ponds for each property. The developer did an overall stormwater management report for the entire area and the infrastructure was sized and installed to handle all the future subdivisions. The stormwater will be piped to the natural lake and an outlet elevation will allow nature to take is course and discharge it to a natural outlet. They were able to regulate an existing lake and utilize it for regional detention for northwest Minot.
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Whereupon a vote was taken on the above motion by Mayor Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
13. The City Council defer the decision on the City Hall Retaining Wall Project until the Capital Improvement Plan is revised (4398)
* * * * * * * * * * Alderman Pitner moved the City Council authorize the engineering department to solicit Requests for Qualifications for engineering services for the City Hall Retaining Wall Project. Motion seconded by Mayor Sipma.
Alderman Wolsky said, the project was first included in the CIP in 2016 but in his opinion, the project raises some concerns. He asked what the annual cost is to maintain the retaining wall and what it will cost over the next five years if it isn’t replaced. He then outlined details from the report that was done by KLJ. He said, the report suggests the slope of the wall is stable so he recommended planting vegetation rather than building vertical walls. The consultants were hired to research alternatives but it appears in the report that they were told to replace the wall. Alderman Wolsky stated, he cannot support advancing this project when its’ use of tax dollars are competing against other City projects or the priorities of the School Board. He mentioned the benefit of having an additional 50 parking spaces if the project is completed but said he does not believe additional parking is necessary.
Mayor Sipma disagreed. He said, the geological makeup of the hill is sand and gravel and every time it rains, we see it wash down the hills. If left unprotected the materials slide from underneath the infrastructure we have in place. Regardless of whether City Hall is moved and the Police Department takes over the building, we still have an extraordinary need to protect the facilities we currently have in place. We also need to consider the road and the parking lot above the wall. This project should have been addressed a long time ago. He said, he looks at what we’re trying to protect rather than pontificating priorities.
Alderman Wolsky said, he is not suggesting we disregard the circumstances of the wall but he is questioning the proposal and the manner that is suggested to address the issue.
The City Engineer explained that a vegetative slope is not an option considering the gradation of the slope and the volume of water that accumulates over the hill. We have taken care of a lot of issues but if it was only vegetation, a big rain will erode it away worse than the current grouted rip rap. The current material is not a retaining wall system, it is a veneer protecting the underlying soils from erosion. As holes have developed in the veneer, water get in and erodes the underlying soils which loses stability. Over time, as there is less and less to material left to repair, sections of the wall will fail. Whether it is fixed today or sometime down the road, it needs to be addressed.
Mr. Meyer then explained, when the soil borings were first done, the options were identified and the most cost effective alternative for our situation was a soldier pile retaining wall with a concrete veneer face. He said, the wall at Hillcrest Avenue was done at the same time and was the same situation. There was a public street as well as water and sewer that needed to be protected so we spent over one million dollars install a wall to protect it. The study outlines details of five or six different retaining wall types including costs and levels of protection. Eventually the soldier pile retaining wall was selected for the main wall.
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For the smaller walls a ready block system could be used. The issue then is a matter of managing risk. He said, it needs to be decided if we are we comfortable delaying the project accepting the fact that if time goes on there will be more risk.
Alderman Wolsky asked if the costs were evaluated to capture water at the Auditorium and address the drainage issues before the water got to the wall. He asked if that would allow us to use a vegetative surface on the wall.
The City Engineer responded by saying, he does not recommend using a vegetative slope and said it would not solve the issue we have here. Most of the cascade flooding has been addressed with the 6th Street project and 3rd Avenue storm sewer but the groundwater behind the wall is still a problem. He said, right now there is no way to relieve the groundwater pressure behind what we have. We could take care of the waterfall effect but cannot access the groundwater effect behind the current wall. The only way to install a good drain tile system is to remove the wall anyway.
Alderman Straight said, he looks at the project by comparing it with other priorities and asked if there is a mid-range solution that will buy some time.
Mr. Meyer said, when the projects are laid out in the Capital Improvements Plan, a lot of thought is put into where projects fit into the plan and what should take priority. This project has now been delayed for several years and a time goes on, the City accumulates more risk. He said, it would take a good portion of the summer to design the project and it probably wouldn’t be started until late fall 2019 or early spring 2020. There really isn’t a good breaking point to divide the project into phases because of the specialization involved with mobilizing the equipment to do the job.
The City Manager responded to questioning about the funding source by saying, the project needs to be done regardless of where the funding comes from. He said, it is a matter of risk and what the City is comfortable doing. He mentioned the recent approval to spend $700,000 a year in insurance to protect all of the City’s assets and said this would be a similar investment. It’s not a glamorous project but it would protect City Hall, the Police Station, Dispatch and the Auditorium. At some point we need to accomplish the project regardless of the funding source.
Alderman Wolsky moved to table the issue until the Capital Improvements Plan is reviewed in the spring. Motion seconded by Alderman Straight.
Upon questioning by Alderman Podrygula, the City Manager explained the process moving forward with the CIP. He said, staff is working toward a five-year CIP document that will identify needs by department using objective rating criteria. It will be brought to the Council annually for approval and inclusion in the budget. The target delivery date is to discuss a draft of the document in February or March of next year. Council will be able to use the CIP to allocate resources and gain insight on the progress of projects. He said, the full process is yet to bet determined whether projects are compared against one another in different departments or if decisions are made based on affordability budgets within a department.
Alderman Podrygula then asked what effect it would have on the structure if the project was delayed.
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The City Engineer stated, it would push back the timeline with regards to awarding an engineering firm and designing the project. That would probably delay the start of construction until the following season. He said, it is hard to predict how it would affect the wall but delays result in increased risk of further damage.
Upon questioning by Alderman Pitner, the City Manager confirmed, funds would still be available in the future if it was delayed.
A vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Straight and failed by the following roll call vote: ayes: Pitner, Straight, Wolsky. nays: Jantzer, Podrygula, Sipma.
A vote was then taken on the above motion by Alderman Pitner, seconded by Mayor Sipma and failed by the following roll call vote: ayes: Jantzer, Sipma. nays: Pitner, Podrygula, Straight, Wolsky.
Mayor Sipma moved to defer the decision on the City Hall Retaining Wall Project until the Capital Improvement Plan is revised. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
14. The City Council approve the selection of EAPC to perform the necessary analysis work on the Anne Street Bridge, authorize the City Engineer to negotiate a scope and fee and authorize the Mayor to sign the agreement. (4385)
* * * * * * * * * * The above motion by Alderman Straight, seconded by Alderman Wolsky.
Alderman Wolsky requested a review of the bridge as a historical structure be included in the plans.
Mr. Meyer responded by saying, it is already included in the scope. Upon further questioning Mr. Meyer said, the funding for the project will come from CDBG-DR Allocation #2.
Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Wolsky, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
15. The City Council approve the transfer of a retail liquor and beer license from Rose Keyes, owner of Rose’s Blind Duck, LLC to be transferred to Blindside Investments, LLP.
* * * * * * * * * * The above motion by Alderman Wolsky, seconded by Alderman Straight.
Alderman Wolsky stated, this transfer in related to a transfer that took place the previous month and inquired about a date of inactivity.
Gary Huber, the owner of the license said, the last date of operation was October 31st making November 1st the inactive date.
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Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
16. The City Council consider the recommendations of the Minot Environmental Policy Group during the discussion of the Recycling Report by CPS Engineering.
Tim Baumann, a member of the Minot Environmental Policy Group, spoke to the Council about documents they submitted regarding single use plastic bags. He said, the issue has been a hot topic on a national level and other communities have used disincentives in order to encourage consumers to avoid single use plastic bags and instead use reusable shopping bags. He said, he met with City administration to discuss the issue before presenting a sample ordinance for the City Council to consider. He described the documents that were provided including a description of the members of their group, an accumulated list of public comments on the issue, a letter that was sent to retailers, financial scenarios of single-use plastic bag fees, and a proposed ordinance.
The Committee thanked Mr. Baumann for appearing before the Council for discussion and emphasized the importance of the issue.
Alderman Podrygula moved the Council consider the recommendations of the Minot Environmental Policy Group during the discussion of the Recycling Report by CPS Engineering. Motion seconded by Alderman Wolsky.
Alderman Podrygula stated, this is an excellent example of the process for a group to initiate ideas but he believes the discussion would be better suited in conjunction with the overall discussion on recycling and sanitation. From the information that was provided, there are pros and cons that should be considered with the overall recycling package. He said, he believes it is an excellent idea but the discussion is premature.
Mayor Sipma inquired to Mr. Baumann about the cost of this project on taxpayers. He said, imposing restrictions would require enforcement costs and there are already limited resources. He also said, the group should get some more input from the public and from retailers on the issue. He emphasized that it is a mindset change that needs to take place in the community and he encouraged the group to work on getting the community behind it.
Mr. Baumann responded by saying, they currently have a Facebook group with 246 members who discuss environmental issues and biweekly educational posts. He stated, they don’t know how to accomplish it other than being continually aware of their actions and encouraging discussions. He said, he believes a lot of education is taking place via social media where they can respond to questions for example, people have asked how the fee is regulated at self-checkouts. He said, Target already offers a $0.05 credit for bringing a reusable bag that is self-regulated.
Upon questioning by the Committee, Mr. Baumann said, he did not find it appropriate to reach out to retailers without having the support of the City Council first. He understands that is the missing piece in enforcing a change in single-use plastic bag usage.
CITY OF MINOT COMMITTEE OF THE WHOLE November 28, 2018 Page 8
Alderman Straight volunteered to be a liaison between the Minot Environmental Policy Group and the City Council.
Whereupon a vote was taken on the above motion by Alderman Podrygula, seconded by Alderman Wolsky, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight, Wolsky. nays: none.
17. The City Council approve the Amended MAGIC Fund General Policy Guidelines.
* * * * * * * * * * The above motion by Mayor Sipma, seconded by Alderman Podrygula.
Alderman Wolsky stated, he is not supportive of the amendments. In his opinion, the document is not finalized and is not clear or easy to understand. He would prefer to send it back to the committee.
Upon questioning by Alderman Podrygula, Mayor Sipma, a member of the committee who worked on the document, explained that the language was changed to mirror what already exists for other entities. There were discussions with MADC and the Chamber of Commerce to align policies and clarify the purpose and process for use of the Magic Fund. The language now matches what exists for the application process.
Alderman Jantzer, also a member of the committee, said the previous guidelines were amended to include more flexibility in some instances as well as tighten some language to reflect usage in other areas of the state.
The Finance Director explained, the Magic Fund was brought up during the budget discussions because there hasn’t been much activity taking place. They decided to expand usage to include a revolving loan fund to encourage small business growth on a local level. He said, additional work still needs to be done but the framework is in place.
Alderman Jantzer added, some graters of funds for small businesses require a local match and this would provide an opportunity for that. This will provide another tool to give leverage to the community and promote economic growth.
Alderman Wolsky said, he believes the policy amendments should take place after the IEDC technical teams complete their work.
Alderman Jantzer reminded, this is still a living document and if the stakeholder groups bring other improvements to be considered, it can be amended at that time.
Whereupon a vote was taken on the above motion by Mayor Sipma, seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Jantzer, Pitner, Podrygula, Sipma, Straight. nays: Wolsky.
18. The Finance Director described some updates regarding the Parking Ramps.
* * * * * * * * * *
CITY OF MINOT COMMITTEE OF THE WHOLE November 28, 2018 Page 9
Mr. Lakefield said, a report was ran from May 1st through today which indicated there were 186 calls for service since the City took over the parking ramps. He said, 17 were for assistance for equipment, 145 were for extra patrol and the remainder were for miscellaneous issues, including a moose reported in the facility.
He continued by saying, there was an issue that received a lot of attention recently where a customer was stuck inside one of the ramps. It was determined that her pass did not work because she was in the garage beyond the allotted time on her parking pass so the equipment would not open without further payment. He said, the equipment has been improved to ensure no one else gets stuck in the facility. Staff is on call with access to the passcodes and keys necessary to open the equipment and dispatchers are able to access it remotely. Staff now has a list of frequently asked questions and commonly encountered situations they can troubleshoot quickly. He said, problems that have occurred were mostly due to operator error.
Mr. Lakefield also described the improvements that have been made regarding routine maintenance and repairs. Property Maintenance checks the ramps daily and ensures they are clean and have paths cleared of snow. The Superintendent is working on an RFP for a camera system in the ramps to provide improved security. He concluded by showing some photos of the ramps comparing their previous conditions with the improvements made after the City took over ownership.
19. The City Assessor gave a presentation on current activities taking place in the Assessor’s Office. * * * * * * * * * * The City Assessor, Kevin Ternes, shared information about the Assessor’s Office. He described the makeup of the staff as well as their duties and the technological changes that have taken place over the years. The full presentation can be viewed at: https://www.youtube.com/watch?v=gTZYG2iNHyY&index=2&list=PLy7BU2QaZsOTe3h6VnMGJE_X w7Yvr-BpB
There being no further business, the meeting was adjourned at 6:32 pm.
Respectfully Submitted, Kelly Matalka, City Clerk
CITY OF MINOT ORDINANCE NO. 5274
AN ORDINANCE ANNEXING PROPERTY TO THE CITY OF MINOT AND EXTENDING THE BOUNDARY OF THE CITY OF MINOT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
Section 1. The city limits of the City of Minot are hereby extended to include as a part of the property contained within the corporate limits of the City of Minot, the following described property:
UNPLATTED PORTION OF THE SW1/4 SW1/4, SECTION 15-155-83
Section 2. This property is currently zoned AG Agricultural District. Any develop ment of this property shall be in accor dance with the provi sions as set forth in the City of Minot Zoning Ordinance.
Section 3. This ordinance shall be in full force and effect from and after its passage and approval.
PASSED FIRST READING: March 5, 2018
PASSED SECOND READING: December 3, 2018
APPROVED:
ATTEST: ______Shaun Sipma, Mayor ______Kelly Matalka, City Clerk ORDINANCE NO. 5275
AN ORDINANCE REZONING BEL AIR COMMONS, LOT 2, FROM C1 (NEIGHBORHOOD COMMERCIAL) DISTRICT AND AG (AGRICULTURAL) DISTRICT TO C1 (NEIGHBORHOOD COMMERCIAL) DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
Section 1. That the property described below is hereby zoned C1.
Bel Air Commons, Lot 2
Section 2. The C1 NEIGHBORHOOD COMMERCIAL DISTRICT zoning of the above described property and any development thereof shall be in accordance with the provisions of the NEIGHBORHOOD COMMERCIAL DISTRICT zoning as set forth in the City of Minot zoning ordinances.
Section 3. This ordinance shall be in effect from and after its final passage and approval.
PASSED FIRST READING: March 5, 2018
PASSED SECOND READING: December 3, 2018
APPROVED:
______ATTEST: Shaun Sipma, Mayor
______Kelly Matalka, City Clerk ORDINANCE NO. 5276
AN ORDINANCE REZONING BEL AIR COMMONS, LOT 1, FROM C1 (NEIGHBORHOOD COMMERCIAL) DISTRICT AND AG (AGRICULTURAL) DISTRICT TO P (PUBLIC) DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
Section 1. That the property described below is hereby zoned P.
Bel Air Commons, Lot 1
Section 2. The P PUBLIC DISTRICT zoning of the above described property and any development thereof shall be in accordance with the provisions of the PUBLIC DISTRICT zoning as set forth in the City of Minot zoning ordinances.
Section 3. This ordinance shall be in effect from and after its final passage and approval.
PASSED FIRST READING: March 5, 2018
PASSED SECOND READING: December 3, 2018
APPROVED:
______ATTEST: Shaun Sipma, Mayor
______Kelly Matalka, City Clerk ORDINANCE NO. 5331
AN ORDINANCE REZONING BOLTON HEIGHTS 11TH ADDITION, LOTS 1-20, FROM R2 & R3 TO R1, SINGLE FAMILY RESIDENTIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
Section 1. That the property described below is hereby zoned R1:
BOLTON HEIGHTS 11TH ADDITION, LOTS 1-20
Section 2. The R1 SINGLE FAMILY RESIDENTIAL zoning of the above described property and any development thereof shall be in accordance with the provisions of the SINGLE FAMILY RESIDENTIAL zoning as set forth in the City of Minot zoning ordinances.
Section 3. This ordinance shall be in effect from and after its final passage and approval.
PASSED FIRST READING: November 5, 2018
PASSED SECOND READING: December 3, 2018
ATTEST: APPROVED:
______Kelly Matalka, City Clerk Shaun Sipma, Mayor ORDINANCE NO. 5332
AN ORDINANCE AMENDING SECTION 2-48(a) (VACATION AND SICK LEAVE), ARTICLE III (CITY OFFICERS), DIVISION 2 (CITY MANAGER), OF THE MINOT CODE OF ORDINANCES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
§1. That section 2-48(a) of the Code of Ordinances, City of Minot, North Dakota, is hereby amended effective January 1, 2019, to read as follows:
Sec. 2-48(a) The City Manager’s vacation accrual shall be determined by employment contract and at the discretion of the City Council. Vacation accrual accumulation not to exceed 300 hours maximum at the end of the calendar year.
§2: This Ordinance shall become effective upon final passage and approval.
PASSED FIRST READING: November 5, 2018
PASSED SECOND READING: December 3, 2018
ATTEST: APPROVED:
______Kelly Matalka, City Clerk Shaun Sipma, Mayor TO: Mayor Shaun Sipma Members of the City Council FROM: Kelly Matalka, City Clerk DATE: December 3, 2018 SUBJECT: ADMINISTRATIVE APPROVALS I. RECOMMENDED ACTION
It is recommend the Committee and Council ratify the following administratively approved requests: 1. X-Family Fundraising to conduct a raffle November 17 & 18, 2018 at Ann Nicole Nelson Hall (500 University Ave W) 2. Minot Air Force Base Company Grade Officer Council to conduct a raffle in December, 2018 at Sportsman’s Loft (2800 South Broadway) 3. Knights of Columbus Assembly 787, Council 9906 to conduct a raffle November 9, 2018 at the Knights of Columbus Club (2601 N. Broadway) 4. The Tap Room for a special event permit November 15, 2018 at Gourmet Chef (122 S. Main St) 5. Minot State Softball to conduct raffles throughout the season at Minot State University Dome (500 University Ave West) 6. Minot High Wrestling Boosters to conduct a raffle April 2, 2019 at Magic City Campus (1100 11th Ave SW) 7. Gymagic Gymnastics to conduct raffles through June 30, 2019 at Gymagic Gymnastics (5645 18th Ave SE) 8. Independence, Inc. to conduct a raffle January 31, 2019 at Sleep Inn & Suites (2400 10th St SW) 9. Ebeneezer’s for a special event permit November 30, 2018 at 6 2nd St NE 10. 219th Happy Hooligans- Hooligans Helping Hooligans to conduct a raffle December 1, 2018 at The Spot Pool Hall (6 2nd St NE) 11. Minot AFB Ducks Unlimited to conduct a raffle December 13, 2018 at Buffalo Wild Wings (3820 S. Broadway) 12. Minot State University Baseball to conduct a raffle January 19, 2019 at Minot State University Dome (11th Ave NW) 13. Minot Blue Line Club to conduct raffles throughout the season at MAYSA Arena (2501 West Burdick Expy) 14. ND Chapters of Delta Waterfowl to conduct a raffle February 22, 2019 at the Grand International Convention Center and Grand Ballroom (1505 North Broadway) 15. MSU Alumni Association to extend their premises on January 26, 2019 to include the Grand Ballroom at the Grand International Inn (1505 North Broadway) 16. The Tap Room for a special event permit December 14, 2018 at the Carnegie Center (105 2nd Ave SE)
II. DEPARTMENT CONTACT PERSONS Jason Olson, Police Chief 857-4715 Kelly Matalka, City Clerk 857-4752
Page 1 of 2 III. DESCRIPTION A. Background Under the Code of Ordinances, a permit issued pursuant to NDCC 5-02-01.1, to allow a licensee to operate at premises other than the licensed premises to which the license relates, shall be issued administratively by the city clerk upon the following terms and conditions:
1. The payment by the applicant of a nonrefundable fee of twenty-five dollars ($25.00). 2. The submission by the applicant, as part of the application required by the city clerk, of a brief narrative explaining: a. The nature of the occasion for the permit (e.g., wedding dance, trade show or promotion, etc.); and b. The steps which will be undertaken by the permittee to restrict the sale to, and consumption of, alcoholic beverages by minors at such occasion.
3. The written approval by the chief of police of the issuance of the permit. 4. A permit issued pursuant to this subsection may not be used for the off-sale of alcoholic beverages.
Each month, a report shall be provided to the city council concerning the permits allowed and the permits denied under this subsection subsequent to the last prior such report.
IV. IMPACT: Special Event Permits, Local Permits and Charity Local Permits are approved administratively each month by the City Clerk’s Office. The application fee for each permit is $25 and is deposited into the appropriate general fund revenue accounts.
V. ALTERNATIVES N/A - the request is to ratify the applications which have been administratively approved.
VI. TIME CONSTRAINTS: N/A
VII. LIST OF ATTACHMENTS: None
Page 2 of 2 TO: Members of the City Council
FROM: Shaun Sipma, Mayor
DATE: November 29, 2018
SUBJECT: Modification to City Manager’s Employment Contract
I. RECOMMENDED ACTION Move to: 1. Approve the Amendment to the City Manager’s Employment Contract; 2. Approve the FY19 Budget Amendment; and 3. Authorize the Mayor to sign the both Amendments.
II. DEPARTMENT CONTACT PERSONS
Shaun Sipma, Mayor 857-4750 Lisa Jundt, HR Director 857-4756
III. DESCRIPTION
A. Background This City of Minot, upon hiring City Manager Barry, entered into an employment contract with Mr. Barry. As part of the 2019 Budget process, the City Council authorized employee benefit improvements to all eligible staff of the City. Mr. Barry’s contract must be updated to become eligible for these same benefits which will become available to the staff on January 1, 2019.
B. Proposed Project Section 7 of Mr. Barry’s employment contract addresses annual leave. The recommended amendment to Mr. Barry’s employment contract will allow Mr. Barry to become eligible for the Council-approved annual leave program authorized in the 2019 Budget. In addition to updating Mr. Barry’s employment benefits, the City must authorize Mr. Barry to participate in the North Dakota Public Employees Retirement System (NDPERS). Section 4 authorizes Mr. Barry to participate in the NDPERS retirement program and sets contribution limits commensurate with a Chief Executive Officer. Section 2 extends the contract term by eight months. Because NDPERS requires three full years of employment before becoming fully vested, extending Mr. Barry’s term eight months will allow him to become certifiably eligible for NDPERS and allow NDPERS and City Human Resources staff sufficient time to convert his existing retirement program plan to the NDPERS program when he becomes fully vested. It will also ensure that the City Budget Process is not interrupted with a possible change in leadership mid-way through the process.
Page 1 of 2 IV. IMPACT:
A. Strategic Impact: Updating the Employment Contract with City Manager Barry will ensure his benefits are commensurate with the Council-approved employee benefit enhancements and competitive within the local market. Furthermore, this request is in alignment with the City’s broader workforce retention efforts.
B. Fiscal Impact: There is minimal financial costs to implement this recommendation and the 2019 Budget included the employer benefit costs identified for all eligible employees. However, the additional contribution rates for NDPERS requires a budget amendment of $13,336 for FY19 (see Attachment C). Anticipated employee salary and benefit budget savings from FY18, which are returned to the General Fund Reserve at the end of FY18, are more than sufficient to cover the budget amendment amount.
V. TIME CONSTRAINTS
Council’s approval of the recommendation will allow the Employment Contract to be updated and the adjustments made without delay or lapse in benefits.
VI. LIST OF ATTACHMENTS
Attachment A: Redlined Modification Sections of the Employment Contract Attachment B: Amendment 1 of the Employment Contract Between the City of Minot and Tom Barry Attachment C: Budget Amendment
Page 2 of 2 ATTACHMENT A
Redlined Modification Sections of the Employment Contract Between the City of Minot and Tom Barry
Section 2: 2. TERM. The term of this agreement shall commence December 12, 2016 and, unless earlier terminated as provided hereafter, shall terminate on December August 11, 2019 2020.
Section 4: 4. RETIREMENT. The City agrees to pay an amount equivalent to 7% of Barry’s annual salary (on calendar year basis beginning December 12, 2016) toward a retirement plan or program of Barry’s choice. The City’s annual contribution shall be matched or exceeded by Barry as he wishes. As an alternative, Barry shall be allowed to participate in NDPERS and, should Barry elect to participate in NDPERS, the City agrees to (1) pay the employer’s full contribution rate, as determined by the State of North Dakota, to NDPERS; and (2) pay the NDPERS full employee contribution rate equivalent, as determined by the State of North Dakota, directly to Barry.
Section 7: 7. ANNUAL LEAVE. Barry shall be entitled to twenty-one three (2123) days of annual leave as outlined in the City of Minot Code of Ordinances, which will accrue at one and three-quarter (1 ¾) 1.916 days per month, with a maximum annual carry-over of thirty days (240 hours) thirty- seven and ½ days (300 hours).
Notes: All other contract terms and conditions are unchanged and shall continue. Strike out means delete language Red underline means add language
Page 1 of 1
ATTACHMENT B
Amendment 1 to Employment Agreement THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into effective as of December 4, 2018 (the “Amendment Effective Date”), by and between The City of Minot, ND, a municipal corporation (the “City”) and Thomas Barry (“Barry”) (each a “Party” and collectively “the Parties”). Whereas, the City and Barry entered into that certain Employment Agreement (the “Agreement”) dated November 1, 2016, and Whereas, the Parties desire to amend Sections 2, 4, and 7 of the Agreement in the manner reflected herein, and Whereas, the City Council of the City of Minot has approved the Amendment of the Agreement in the manner reflected herein, Now Therefore, in consideration of the mutual covenants and conditions herein, the Parties, intending to be legally bound, hereby agree as follows, effective as of the Amendment Effective Date: 1. Term. Section 2 of the Agreement is hereby deleted and replaced in its entirety with the following: 2. TERM. The term of this agreement shall commence December 12, 2016 and, unless earlier terminated as provided hereafter, shall terminate on August 11, 2020. 2. Retirement. Section 4 of the Agreement is hereby deleted and replaced in its entirety with the following: 4. RETIREMENT. The City agrees to pay an amount equivalent to 7% of Barry’s annual salary (on calendar year basis beginning December 12, 2016) toward a retirement plan or program of Barry’s choice. The City’s annual contribution shall be matched or exceeded by Barry as he wishes. As an alternative, Barry shall be allowed to participate in NDPERS and, should Barry elect to participate in NDPERS, the City agrees to (1) pay the employer’s full contribution rate, as determined by the State of North Dakota, to NDPERS; and (2) pay the NDPERS full employee contribution rate equivalent, as determined by the State of North Dakota, directly to Barry. 3. Annual Leave. Section 7 of the Agreement is hereby deleted and replaced in its entirety with the following: 7. ANNUAL LEAVE. Barry shall be entitled to twenty-three (23) days of annual leave as outlined in the City of Minot Code of Ordinances, which will accrue at 1.916 days per month, with a maximum annual carry-over of thirty-seven and ½ days (300 hours). 4. Counterparts. This Amendment may be executed in one or more facsimile, electronic or original counterparts, each of which shall be deemed an original and both of which together shall constitute the same instrument.
Employment Contract Amendment Page 1 of 2 December 4, 2018 5. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment or the original Agreement shall include the terms contained in this Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Employment Agreement effective as of the Amendment Effective Date.
EMPLOYEE CITY OF MINOT
By: ______By: ______Tom Barry, City Manager Shaun Sipma, Mayor
Attest: ______Kelly Matalka, City Clerk
Employment Contract Amendment Page 2 of 2 December 4, 2018 ORDINANCE NO:
AN ORDINANCE AMENDING THE 2019 ANNUAL BUDGET TO COVER THE CITY MANAGER’S EMPLOYEE RETIREMENT BENEFITS TO BE FUNDED WITH CASH RESERVES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MINOT:
§1: An ordinance amending the 2019 annual budget to cover the City Manager’s employee retirement benefits:
001-0200-413.02-34 $13,336
§2: This ordinance shall be in effect from and after its passage and approval.
PASSED FIRST READING:
PASSED SECOND READING:
ATTEST: ______Shaun Sipma, Mayor
______Kelly Matalka, City Clerk TO: Mayor Shaun Sipma Members of the City Council
FROM: Tom Barry, City Manager
DATE: November 29, 2018
SUBJECT: Minot-Skien Sister City Agreement
I. RECOMMENDED ACTION Move to: 1. Ratify the Minot – Skien Sister City Agreement dated October 1, 2017; and 2. Designate the City Manager as the City of Minot Liaison Officer.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, City Manager 857-4750
III. DESCRIPTION
A. Background The City of Minot and City of Skien have enjoyed a Sister City relationship for many years. In October 2017, Mayor Chuck Barney signed the Minot-Skien Sister City Agreement on behalf of the City of Minot. The Agreement formalizes the intent of City of Skien and City of Minot (which includes by definition of the Agreement the following entities: Minot Public Schools, Minot State University, Norsk Hostfest, and Minot Area Development Corporation) to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs. Representatives of the City of Skien, Minot Public Schools, Minot State University, and Minot Area Development Corporation have already executed the Agreement on behalf of each organization. However, a recent audit of City records revealed that the City Council never ratified the Agreement. Nevertheless, the Agreement is in alignment and supports City of Minot Resolution 3515 passed on October 3, 2016 (see Attachment B).
IV. IMPACT:
A. Strategic Impact: There are hundreds of sister city relationships between U.S. municipalities and foreign cities. In fact, according to Sister Cities International, the umbrella group that tracks of most of the relationships, there are approximately 600 member U.S.
Page 1 of 2 cities which have almost 2,000 “sisters” across 136 countries and all continents. These relationships are critical in promoting cultural exchanges and encouraging learning in an effort to foster and improve understanding between different cultures. These relationships, in turn, encourage business and tourism exchanges and promote the development of strong economic ties that benefit both cities. In Minot’s case, Skien Norway exemplifies the roots of our heritage – a heritage that we continue to celebrate today with the Norsk Høstfest. Høstfest is the perfect example of the type of economic and cultural exchange that benefits our community – attracting more than 60,000 visitors to Minot each year, a great many of which are from Scandinavia.
B. Fiscal Impact: The fiscal impact of the Agreement is very limited; in fact, the language of the Agreement specifically provides that costs should be kept at a reasonable level.
V. ALTERNATIVES
Alt 1. The City Council could decline the ratification of the Agreement.
Alt 2. The Council could modify or enhance the Agreement.
Alt 3. The Council could designate a different City of Minot Liaison Officer.
Alt 4. Any combination of alternatives 1-3.
VI. TIME CONSTRAINTS
The Agreement was signed in October 2017, so the ratification is appropriate at this time.
VII. LIST OF ATTACHMENTS
A. Minot – Skien Sister City Agreement, October 1, 2017 B. City of Minot Resolution No. 3515
Page 2 of 2 City of Miht% ta~ 2)nato
0 ~LUCSCH(X)LS ~ UNIVERSITY I
Skien Minot Sister City Agreement
1. Contracting Parties The parties to this agreement are
a Skien kommune Ithe City of Skien] on the Norwegian side (referred to below as “Skieri”)
and b. The City of Minot, Minot Public Schools (MPS), Minot State University (MSU), Norsk Høstfest (NH), and the Minot Area Development Corporation (MADC) on the American side (collectively referred to below as “Minot” unless otherwise specified). All parties are separately and mutually responsible for living up to the spirit of the agreement.
2. Basis for Agreement The cities of Minot, North Dakota, and Skien, Norway, have a shared cultural heritage based on ancestral ties and the size and character of the cities. The two cities have therefore had a sister city arrangement in place for many years. The Sister City Resolution No. 3515, adopted by Minot City Council on October 3, 2016, forms part of the basis for this agreement. Likewise, the executive committee of Skien city council agreed at its meeting on December 6, 2016, as agenda item No. 128, to draw up a cooperation agreement with Minot.
3. Objective of Agreement Skien and Minot wish to continue to enjoy a good, close working relationship based on shared cultural heritage, human relationships, and shared community interests and needs. This is to be achieved by maintaining and strengthening existing connections and activities, as set out in section 4 below.
4. Scope and Limits of Agreement Skien and Minot wish:
a. To establish connections and programs for student exchanges and education, at both high school and university level. In this regard, we refer also to existing agreements between MSU and Høgskolen i Telemark crelemark University College] and between MPS and Søve videregáende skole [upper secondary school]. i. Skien wishes especially to obtain insights and know-how from the public schools in Minot regarding their educational methods and their programs for teaching reading, arithmetic and mathematics. b. To develop mutually beneficial relationships between their business communities. MADC and Vekst i Grenland AS (VlG) will be responsible for networking activities in this regard.
c. ro promote cuftural exchanges, especially those involving not-for-profit organizations and the private sector, and by participating on Norsk Høstfest.
In specific areas, separate agreements may be entered into as required, supplementing this sister city agreement.
5. Duties and Responsibilities of the Parties a. Under this agreement, Skien and Minot undertake to reciprocally market and promote each other’s activities and qualities.
b. Each of the parties will appoint one dedicated liaison officer for Minot—Skien cooperation. The liaison officers will serve as an administrative link, relaying information on matters and issues of mutual interest, and helping to prepare and conduct joint activities. Minot and Skien must notify each other immediately of any change of liaison officer.
c. Vekst i Grenland AS will serve as the liaison organization on the Norwegian side for activities pursuant to section 4b above.
6. Finance The parties have agreed that the cost of sister city activities will be kept at a reasonable level
7. DuratIon of Agreement This agreement is effective from October 1, 2017, until October 1, 2022
Minot/Skien, cal.
Skien komi signed
signed
Minot Area signed ~opmentorpora~on
Attachements: 1. Supplementary Agreement for Business Development Supplementary Agreement for Business Development
1. the Parties to this Agreement are 1 Skien kommune [the City of Skiesi) 2 Vekst Gren and tk3 3 TheCtyofMinot 4. Minot Area Development Corporation all referred to below as parties.
2. The Parties agree that they all will work for: a. facilitating businesses in USA and Norway to have the best poss bie support for bus ness development in both countr es. b making available the rnetworks and connections in public and private sector to promote business development and to ass st individual companies. c supporting each other parties by commun cate business and pubic sector in both cities and counties / states. d. supporting and working for tourism dove opment in both countries
3. Other cotitractlng Parties The parties may also cooperate with other businesses and corporations (private and public) with similar purpose as written in section 2 above
4. Finance The parties agree that this agreement do not include f nancial support to individual companies Each party covers its own costs.
S. Liaison Officers Each of the parties will appoint one dedicated liaison officer who are responsible For ongoing works, as set out in section 5a in the Skien M not Sister C ty Agreement
Minot/Skien Q4 O~ 14.
Skien komm e Cltyo i p1
signed sign
Vekst I Gr nd b≤ .tys Minot Area Development Corporation signed j .àft~t414i.s..c.L” signed RESOLUTION IN SUPPORT OF MUTAL EFFORTS BY THE CITY OF MINOT, NORTH DAKOTA, AND SISTER-CITY, SKIEN, NORWAY TO FURTHER BUSINESS, EDUCATIONAL AND CULTURAL OPPORTUNITIES
RESOLUTION NO. 3515
WHEREAS the City of Minot, North Dakota and the city of Skien, Norway have enjoyed a Sister City relationship for many years; and
WHEREAS, both cities enjoy exploring opportunities to develop business contacts and relationships for the benefit of both cities, and
WHEREAS, both cities share the desire to establish relationships and programs that foster the exchange of students and educational programs both at the secondary and university levels; and
WHEREAS, both cities share a common heritage both in terms of ancestry and in the size and make-up of the cities, therefore nurturing cultural exchange and renewal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Minot, North Dakota, supports and encourages this Sister City relationship with Skien, Norway using the City of Minot, Minot Area Development Corporation, North Dakota State Commerce Department and other entities to help accomplish the above similar beliefs, goals and objectives.
Adopted and passed this 3’~ day of October, 2016.
Chuck Barney, ATTEST:
~kH#vcLEoiIeDJ~ Kelly Matalka, City Clerk