City Council Agenda & Alderman Notes: January 22, 3019

Minot’s City Council will meet Tuesday, January 22, 2019 to consider the following agenda. Below you’ll find the full agenda along with the thoughts of one Alderman on each. And if you’re wondering about the cover image, there’s a related agenda item.

Regular City Council Meeting
Tuesday, January 22, 2019 at 5:30 PM
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. PERSONAL APPEARANCES

4. CONSENT AGENDA

4.1. APPROVAL OF THE MINUTES

Approval of the minutes of the January 7, 2019 Regular City Council minutes.

Documents:

  1. 190107.PDF

Alderman Notes
We approve the minutes as a matter of process and assuring that the record of business is accurate. It’s important, but becoming less so. Consider that our meetings are now recorded and streamed online. The written record is important and serves as an easily searchable archive of official actions, but we have a much more accurate record of the discussion within meetings in the recordings. It’s interesting to think about because an adjustment of state law to allow these video recordings to serve as one aspect of the official record may save time and resources.

4.2. CONSIDER THE FOLLOWING ORDINANCES ON SECOND READING

Ordinance No. 5321 – Rezone Section 26-155-83, Outlot 50 from AG to R2
Ordinance No. 5339 – Amend the 2018 Annual Budget- Compost Site Cameras
Ordinance No. 5340 – Stop Control at 12th Street SW and 17th Ave SW
Ordinance No. 5341 – Stop Control at 6th St SW and 18th Ave SW

Documents:

  1. ORDINANCE NO. 5321.PDF
  2. ORDINANCE NO. 5339.PDF
  3. ORDINANCE NO. 5340.PDF
  4. ORDINANCE NO. 5341.PDF

Alderman Notes:
I have no reason to revisit any of these. I will support on the consent agenda.

4.3. FINAL PAYMENT TO CLOSE OUT 2017 DEMOLITION CONTRACT

As standard practice, the city of Minot held $73,645.18 in retainage against the 2017 demolition contract with Berger Enterprises, LLC as assurance of all work being satisfactorily completed and the one-year warranty of such work satisfied. The one-year warranty period has been completed resulting in the ability to release the retainage and pay to Berger Enterprises, LLC.

It is recommended the City Council approve final payment of $73,645.18 to Berger Enterprises, LLC to close out 2017 CDBG-DR/NDR demolition contract.

Documents:

  1. 2017DEMOCONTRACTFINALPAYMENTCOUNCILMEMO.PDF
  2. INVOICE 20 FINAL RETAINAGEPAYMENTRECOMMENDATIONFOR2017DEMOCONTRACT.PDF

Alderman Notes:
I will support this on the consent agenda.

4.4. TRUCK BOX AND HOIST (PROJECT NUMBER 4411)

In 2018, the Street Department had a dump body on a truck damaged beyond repair. Funds were put in the 2019 budget to have a new dump body and hoist installed. On January 3, 2019 bids were opened for this project and three bids were received.

Recommend Council award the bid for the installation of a box and hoist to Bert’s Truck Equipment in the amount of $19,869.75.

Documents:

  1. MEMO TO COUNCIL – AWARD OF BID – TRUCK BOX AND HOIST.PDF

Alderman Notes:
I will support this on the consent agenda.

4.5. INDUSTRIAL WHEEL LOADER (PROJECT NUMBER 4412)

On January 3, 2019, the Public Works Department opened bids for an industrial wheel loader for the Street Department. There were five bids received.

It is recommended the Council reject the bids for the loader bid and direct staff to modify the specifications and rebid. 

Documents:

  1. 4412 – MEMO TO COUNCIL – WHEEL LOADER.PDF

Alderman Notes:
I will pull this for discussion. The bid spec on this project wasn’t up to snuff; it didn’t include a provision for a local preference, and it didn’t include a service or maintenance standard that reflected our true needs. As a result, we have a group of bidders who are no longer playing a true bid-game to earn the City’s business. These oversights betray trust in process and government. I’m also not following how we determined the lowest cost of ownership; I need to know how this was determined.

4.6. 70% CALCIUM NITRATE AWARD OF BID (PROJECT NUMBER 4232)

On January 3, 2019, the Public Works Department opened bids for 70% calcium nitrate solution for the wastewater odor control facility for 2019.

Recommend award of bid to Thatcher Company Inc. for the bid price of $2.831 per gallon.

Documents:

  1. 4232 – MEMO TO COUNCIL – WTP CHEMICALS AWARD.PDF

Alderman Notes:
I will support this on the consent agenda.

4.7. 2018 TRAFFIC SIGNAL POLE/MAST ARM REPLACEMENT FUNDS (4429)

The City of Minot engineering department was not able to complete the 2018 Traffic Signal Pole/Mast Arm Replacement project due to the lack of a Traffic Engineer. Now that the Engineering Department has hired a Traffic Engineer, the Engineering Department is asking that the allocated and unspent 2018 Traffic Signal Pole/Mast Arm Replacement funds be rolled over into the 2019 Traffic Signal Pole/Mast Arm Replacement funds so that both the 2018 and 2019 replacement projects may be completed in 2019.

It is recommended the City Council pass an ordinance to amend the 2019 annual budget allocating the unused 2018 Traffic Signal Pole/Mast Arm Replacement funds into the 2019 Traffic Signal Pole/Mast Arm Replacement funds.

Documents:

  1. 5. 2019 MEMO – SIGNAL STANDARD.PDF
  2. 5. 2019 BA – TRAFFIC SIGNAL STANDARD REPL 4317.PDF

Alderman Notes:
I will support this on the consent agenda.

4.8. 2018 TRAFFIC SIGNAL CABINET REPLACEMENT FUNDS (4428)

The City of Minot engineering department was not able to complete the 2018 Traffic Signal Cabinet Replacement project due to the lack of a Traffic Engineer. The Engineering Department is asking that the allocated and unspent 2018 Traffic Signal Cabinet Replacement funds be rolled over into the 2019 Traffic Signal Cabinet Replacement funds.

It is recommended the City Council pass an ordinance on first reading amending the 2019 annual budget allocating the unused 2018 Traffic Signal Cabinet Replacement funds into the 2019 Traffic Signal Cabinet Replacement funds.

Documents:

  1. 4. 2019 MEMO – SIGNAL CABINET.PDF
  2. 4. 2019 BA – TRAFFIC SIGNAL CABINET REPL 4316.PDF

Alderman Notes:
I will support this on the consent agenda.

4.9. CITY COUNCIL APPROVAL FOR RELEASE OF DEBRA CARPENTER FROM PROMISSORY NOTE

The city of Minot financed a flooded home reconstruction program under CDBG-DR Allocation #1 for eligible homeowners. Requirement of the program was that the homeowner had to sign a promissory note for receipt of the funds which required that the homeowner maintain flood insurance for the fixed period of the promissory note. Staff recommendation is to accept Ms. Carpenter’s extenuating financial hardship request and to release her from the Promissory Note.

It is recommended the City Council approve release of Debra Carpenter from Promissory Note for CDBG-DR home rehabilitation for extenuating medical financial hardship.

Documents:

  1. MS.CARPENTERPROMISSIORYNOTECOUNCILMEMO.PDF
  2. CARPENTER REQUEST FOR FOREGIVENESS.PDF

Alderman Notes:
I will support this on the consent agenda.

5. ACTION ITEMS

5.1. WASHINGTON ELEMENTARY SAFE ROUTES TO SCHOOL CPM AGREEMENT AND TEMPORARY EASEMENTS AUTHORIZATION (4367)

The Washington Elementary School Safe Routes to School project is a Transportation Alternatives Program (TAP) project designed to install sidewalks around Washington Elementary School.

  1. Recommend Council approve the Cost Participation and Maintenance Agreement (CPM) and authorize the Mayor to sign the agreement
  2. Authorize the City Engineer to obtain the necessary temporary easements and sign the documents.
  3. Approve the attached budget amendment transferring the funds from highway capital projects to sidewalk curb & gutter projects

Documents:

  1. 4367 – WASHINGTON ELEMENTARY SRTS CPM AGREEMENT AND TEMP EASEMENT AUTHORIZATION.PDF
  2. CPM AGREEMENT.PDF
  3. 6. 2019 BA – WASHINGTON SCHOOL EXPENSE 413 TO 270.PDF

Alderman Notes:
I support this agenda item, but as mentioned in a previous meeting, I remain concerned about an ~10% construction engineering fee.

5.2 ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO ALCOHOLIC BEVERAGES, CHAPTER 5, ARTICLE II, SECTION 5-17(13)

During the January 7th City Council Meeting, the expansion of the liquor license service area of the Minot International Airport was approved. To remain in compliance with the City of Minot Code of Ordinances, it is recommended that Council approve an amendment to the Code of Ordinances Relating to Alcoholic Beverages to reflect the approved expansion.

  1. Recommend approval of the Ordinance to amend the Code of Ordinances Relating to Alcoholic Beverages (Chapter 5, Article II, Section 5-17(13) relating to the Airport Terminal Restaurant); and
  2. Authorize the Mayor to sign the Ordinance

Documents:

  1. MEMO ORDINANCE RELATING TO ALCOHOLIC BEVERAGES AT AIRPORT.PDF
  2. ALCOHOL LICENSE_AIRPORT LICENSE.PDF

Alderman Notes:
Per our action at the last meeting and on the recommendation of the City Attorney, this is a necessary change. But it highlights the fact that our liquor license ordinances remain a headache and we’d be well served to address these challenges holistically rather than one at a time.

5.3. CITY COUNCIL APPROVE REDUCTION IN 2018 DEMOLITION CONTRACT TOTAL DOLLAR AMOUNT

The city bids an annual demolition contract through CDBG-DR and CDBG-NDR for structure removal as a result of acquisitions for flood mitigation and control projects.

It is recommended the City Council approve the reduction in the 2018 Demolition contract with Berger Enterprises, LLC from $1,799,920 to $856,694.13.

Documents:

  1. 2018DEMOLITIONCONTRACTDOLLARAMOUNTREDUCTIONCOUNCILMEMO.PDF
  2. CDMSMITHDEMOLITIONCONTRACTREDUCTIONRECOMMEDATION.PDF

Alderman Notes:
I will support this item.

5.4. CDBG-NDR PLANNING FUNDS FOR DOWNTOWN WAYFINDING SITE STRATEGY (NDR014)

It is universally practiced in any vibrant, sustainable, thriving downtown to have as a basic, customer oriented measure using what is known as “Wayfinding signage” which external to the downtown gives directions to the downtown and within the downtown provides details in strategic locations as to the office, professional, cultural, retail, entertainment, restaurant, bar, and related enterprises’ locations street by street throughout the district. The plan is to issue a RFP to hire a firm which will be tasked with identifying the locations throughout Minot where directional signs should be located for the downtown and to undertake a comprehensive assessment of the downtown to identify locations within the downtown where wayfinding signs should be located which are both pedestrian and vehicle friendly.

It is recommended the City Council approve the use of $30,000 in CDBG-NDR Planning allocation to undertake through an RFP a Wayfinding Sign location strategy for the downtown.

Documents:

  1. WAYFINDINGSIGNLOCATIONRFPAUTHORIZATIONCOUNCILMEMO.PDF

Alderman Notes:
I would view several of the items in this as a near critical need. Downtown is the heart of Minot and an important commerce center; it is poorly signed. I will support this item but also request Park District involvment in the consultant selection and ongoing work as it’s expected they will have an important role in construction and development of the gathering space.

5.5. CITY COUNCIL APPROVAL FOR EXTENSION OF BEYOND SHELTER, INC. DEVELOPER AGREEMENT

The city of Minot entered into a Development Agreement with Beyond Shelter Inc. on June 18, 2015 for the new construction of multi-family rental housing for low and moderate income residents to be undertaken in two phases.

It is recommended the City Council approve an amendment to the Developer Agreement with 501(c)3 non-profit Beyond Shelter, Inc. extending the term subject to added conditions to complete Low Income Multi-Family Housing.

Documents:

  1. BEYONDSHELTEXTENSIONDEVELOPERAGREEMENTCOUNCILMEMO.PDF
  2. BEYONDSHELTERAMENDMENTAGREEMENT.PDF
  3. CDBGDR SIGNED DEV AGRMT (00000002)BEYONDSHELTERA.PDF

Alderman Notes:
I have a few questions on this:

  1. We’ve taken a fairly hardline position with developers not able to fulfill their obligations, so I’d like to hear directly why this situation is different.
  2. I’d like to be sure that we’re not advancing or creating the opportunity for new dollars to this project. Minot’s housing market is still soft, and I’d to be clear that we’re not using government dollars to further compete with private dollars.
  3. I find it interesting that we approved a LMI housing project that isn’t served by our public transit system. This is a systemic flaw that needs to be addressed.

5.6. CITY COUNCIL APPROVAL FOR MINOT HOUSING AUTHORITY SUB-RECIPIENT AGREEMENT

Milton Young Tower which is owned and operated by the Minot Housing Authority located in downtown is a primary source of stable rental housing for Minot’s vulnerable populations especially low and moderate income residents. While Milton Young Towers, itself, was not directly impacted by the 2011 flood, its significance and importance as a sustainable, long term source of housing for Minot’s vulnerable populations was amplified as a result of the enormous loss of housing for LMI residents as a result of the 2011 flood.

It is recommended the City Council approve a sub-recipient agreement with Minot Housing Authority providing up to $5 million in CDBG-NDR funds for resilience enhancement capital projects in Milton Young Towers.

Documents:

  1. SUB-RECIPIENTMHAGREEMENTCOUNCILMEMO.PDF
  2. SUBRECIPIENT-AGREEMENT MHA FOR COUNCILAB.PDF

Alderman Notes:
I view this as an excellent use of NDR dollars. Milton Young tower was built in the early 1960s which leaves me assuming it’s in critical need of updates. The building serves an important role in our housing supply. My only concern is that the parties involved in this project have the professional expertise and capacity to manage what I assume is a complicated project.

5.7. CITY COUNCIL APPROVAL OF CHAD THOMPSON RENAISSANCE ZONE APPLICATION WITH FEE WAIVER

The Renaissance Zone Board at a special meeting on January 15, 2019 approved recommending to City Council approval of the Preliminary Application submitted by Chad Thompson on behalf of Norsk Brothers, LLC. This application was originally given preliminary approval by both the Renaissance Zone Board and the City Council in January/February, 2014. In late 2018, Mr. Thompson approached the city advising that while the project had not previously advanced, it was now ready to proceed.

It is recommended the City Council approve Renaissance Zone Application for Chad Thompson on behalf of Norsk Brothers, LLC for $620,000 rehabilitation of warehouse to convert to office/retail space and waive the application fee. 

Documents:

  1. CHADTHOMPSONPRELIMINARYRENAISSANCEZONEAPPLICATIONAPPROVALCOUNCILMEMO.PDF
  2. CITYASSESSORMEMORENAISSANCE18 2ND ST NE REVISED FOR 2018 APPLICATION.PDF
  3. CHAD THOMPSON RENAISSANCE ZONE APPLICATION.PDF

Alderman Notes:
Another downtown project underway that I believe more than meets the intent and goals of the Renaissance Zone program. I will support this enthusiastically.

5.8. PACE BUYDOWN – ESSENTIAL LIVING, INC

The City of Minot, using Community Development Block Grant National Disaster Resilience (CDBG-NDR) funds, invested in the Park South apartment complex. Essential Living, Inc. is the entity the City has worked with on this project. The City contributed the funds to rehabilitate thirty five (35) apartment units and construct five (5) additional apartment units within the existing structure.

Recommend approval of the Flex PACE Buydown agreement for Essential Living, Inc; and authorize the Mayor and City Attorney to sign the necessary documents.

Documents:

  1. 2019 MEMO – PACE BUY DOWN ESSENTIAL LIVING.PDF
  2. A. ESSENTIAL LIVING INC. AGREEMENT.PDF
  3. B. CHANGE ORDER 1.PDF
  4. D. INTEREST BUYDOWN AGREEMENT PACE PROGRAM.PDF
  5. E. ESCROW AGREEMENT PACE PROGRAM.PDF
  6. F. COMMUNITY PACE INTEREST BUYDOWN APPLICATION.PDF

Alderman Notes:
I have a few questions about this item, but I anticipate supporting it.

6. DEPARTMENT PRESENTATION: DISASTER RESILIENCY GRANT PROGRAM MANAGER

7. MISCELLANEOUS AND DISCUSSION ITEMS

8. ADJOURNMENT

Josh Wolsky

Josh Wolsky is a Minot native and developer of the Minot Voice. He is also actively involved the Friends of the Souris River and all efforts to #MakeMinot. He also had the recent misfortune of being elected to Minot's City Council.

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