The City of Minot’s City Council Committee of the Whole meet’s this week on Tuesday and Wednesday. The agendas are below along with notes from one Alderman. Of primacy in community concern, the disucssion on the future of Minot’s landfill will take place Tuesday.
Committee of the Whole
Tuesday, October 30, 2018 – 4:15 PM
City Council Chambers

1. AUDITORIUM MAIN ARENA FLOOR REPLACEMENT – FINAL PAYMENTS

The new arena flooring system will finish the Auditorium updates and give the building a better playing surface for recreational activities and also improve the aesthetics of the arena during other events. The flooring system project was completed on September 17, 2018.

  1. Request Final Payment to Dynamic Sports Construction in the amount of $194,365.00 for Resurfacing of the Main Auditorium Arena Floor. 
  2. Request Final Payment to EAPC Architects in the amount of $1,733.17 for Architecture Design and Construction Administration of the Main Arena Floor.
  1. Main Arena Flooring Replacement Memo – 2018 – Final Payment.pdf
  2. 20182500 Bid Recommendation Letter 6.21.18_with bid tabulation.pdf
  3. Minot Municipal Auditorium Layout 4.pdf

Alderman Notes:
The floor is finished and looks good. I will support this on consent agenda.

2. CONFERENCE ROOM SMARTBOARD EQUIPMENT PURCHASE (FIN004)

Staff is requesting the Council authorize the purchase of a SMART board for the Finance Conference Room. The SMART board will allow meetings to be able to capture information and produce handouts to all in attendance. It will also allow for images to be projected onto the writing screen and meetings to be more efficient and productive.  Funding for this project will come from the General and Administration budget in the amount of $4,858 and cost savings from the Council Chamber upgrades project in the amount of $3,142.

Recommend the City Council approve the purchase of a SMART board for the Finance Conference Room and pass an ordinance on first reading amending the 2018 annual budget.

Documents:

  1. 2018 Memo – Finance Conference Room SMART Board (FIN004).pdf
  2. 34. 2018 BA – Finance Conference Room SMART Board (FIN004).pdf

Alderman Notes:
Delivering new technology into the organization is a key component to improving efficiency. I typically support these requests if we’ve planned for them, but this is one that I will be opposing. My reason: one of the funding sources for this is leftover community facility funds. We cannot make a practice of using these funds — however diminished — for projects that don’t meet the guidelines provided. I do not believe this request is aligned with those recommendations.

3. PROFESSIONAL CONSULTING SERVICES FOR ACDBE PROGRAM DEVELOPMENT (AIR075)

As a component of accepting grant money from the FAA for Capital Projects, the Airport is required to have in place a compliant Airport Concession Disadvantaged Business Enterprise (ACDBE) Program.  As outlined in the Sponsor’s Grant Assurances, this program has very specific requirements for leveling the playing field for small businesses who wish to participate in contracting opportunities at the Airport.  Recent updates to these requirements necessitate review of current policies and an update of the Airport’s plan and legal commitments to these enterprises.

Along with this, a review and update of lease agreements relating to privately owned hangars and business’ on Airport property is also appropriate.  To the extent possible, a template will be developed which ensures consistency and compliance, which is currently lacking in many current agreements.  These updated leases will help the Airport and City avoid disputes and legal action that may arise from use of outdated agreements.

1. Recommend approval of the Statement of Work from Trillion Aviation to develop an ACDBE program and lease template; and
2. Authorize the Mayor to sign any applicable documentation.

Documents:

  1. MEMO Trillion ACDBE SOW (AIR075) (3).pdf
  2. MOT SOW 14 ACDBE and lease template.pdf

Alderman Notes:
I will be pulling this for a brief discussion and questions. Among the topics I want clarification on are whether this is a budgeted expense and the specific policies we will deploy in an attempt to equalize the playing field for small businesses.

4. RETAIL LIQUOR & BEER LICENSE – ICE TIME, LLC DBA ACES

Paperwork was submitted to transfer the retail liquor and beer license from Gary Huber, owner of H O Entertainment, LLP dba dae Udder Place Lounge & Casino, to Ice Time, LLC.

The City received a request from Ice Time, LLC dba Aces, for a retail liquor and beer license operating at 1524 S. Broadway.  All documentation has been submitted and is being reviewed by the appropriate departments.

  1. It is recommended the Committee and 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.
  2. It is also recommended the Committee and Council 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. 

Documents:

  1. Memo- Aces.pdf
  2. Transfer Form.PDF

Alderman Notes:
I have several comments regarding this request which I will address during the meeting and in a post later this week.

5. APPROVAL OF CDBG-NDR NON-SUBSTANTIAL AMENDMENT

In the past several months, we have completed a comprehensive assessment and review of the City’s HUD approved CDBG-NDR Action Plan. The primary focuses of the assessment have been to align activities and uses of funds in the Action Plan with the current and projected private sector housing and business markets as well as incorporate needs for which awareness was not complete at the time the Action Plan was developed three years ago.

It is recommended the City Council approve the CDBG-NDR Non-Substantial Amendment.

Documents:

  1. CDBG-NDRTechnicalAmendmentCouncilmemo.pdf
  2. NDRC Technical Amendment Clarificationsa.pdf

Alderman Notes:
This an administrative action required to ensure the NDR program is delivering the highest impact possible into the community. I will support this request, but I do have a question regarding the use of acquired lands for the purposes of a operating a seasonal in-town campground. 

6. APPROVE CHANGE ORDER # 2 REDUCING TOTAL CONTRACT PRICE FOR 2017 DEMO CONTRACT (3755.4)

This is the 2017 contract which has been completed but remains in effect for the warranty period. Change Order #2 is essentially a pro forma ministerial action but it does eliminate a punitive situation which arose in which we were made aware by the contractor that the insurance company that provides their performance bond is holding them to the total contract price and not the actual amount spent. By reducing the contract total to the actual amount spent, it eliminates this unfair situation.

It is recommended the City Council approve Change Order #2 reducing total contract price for the completed 2017 CDBG-DR/CDBG-NDR demolition contract.

Documents:

  1. ChangeOrder2for2017DemocontractCouncilmemo.pdf
  2. CDMSmithChangeOrder2memo2017democontract.pdf

Alderman Notes:
This an administrative action required to ensure those who do business with the City are treated reasonably. I will support this on the consent agenda.

7. APPROVE ACQUISITION POLICIES AND PROCEDURES TO CEASE USE OF APPEALS COMMITTEES

When the city first began undertaking acquisitions, it was felt by City personnel that an Appeals Committee process inserted into the acquisition and relocation negotiation procedure might mitigate property owners concerns regarding the entire process and the need to proceed to eminent domain. As the program has progressed, it has become evident that even with the best of intentions at the beginning in creating the Appeals Committee process, this added layer of bureaucracy has increasingly become misunderstood by affected property owners and has increased rather than diminished difficulties in negotiating a purchase price to avoid eminent domain.

It is recommended 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.

Documents:

  1. AppealsCommitteecessationCouncilmemo.pdf

Alderman Notes:
A clearer example of best intentions working against the desired outcome is hard to find. In most of the conversations I’ve had with those going through the buyout process, few, if any, have expressed any value in the appeals process. Most shared an exact opposite sentiment. I will support eliminating this layer of red tape so we can communicate clearly about expectations, process, and give these acquisition negotiations the best chance at succeeding without the burden of false expectations created by ineffective bureaucratic steps.

8. APPROVAL ADDING FOUR ACQUIRED BUYOUT STRUCTURES TO CITY’S AUCTION PROGRAM

To reduce demolition costs and add funds for property acquisition in support of the flood mitigation buyout program under the CDBG-NDR Action Plan, all properties upon being acquired are reviewed for soundness of the structures with a determination made on viability of offer for auction to be moved off site and out of flood inundation area by successful bidder. In the most recent round of acquisitions, there have been four structures which meet the standards to be offered for auction.

It is recommended 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.

Documents:

  1. AddstructuresforauctionCouncilmemo.pdf

Alderman Notes:
Every house we can save and relocate is a benefit to the City and community. I will support this on consent agenda.

9. AUTHORIZE EMINENT DOMAIN PROCESS FOR INVOLUNTARY BUYOUT PROPERTIES

These three properties are located in what is identified as Buyout Area #4 in the HUD approved CDBG-NDR Action Plan. The city has carried out the due diligence with the owners of these properties as set forth in HUD’s involuntary acquisition guidelines and the requirements of the federal Uniform Relocation Act.

It is recommended 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.
Documents:

  1. Eminentdomainauthorizationcouncilmemo10-23-18.pdf

Alderman Notes:
These cases are an unfortunate reality attached to the flood protection project. I will support this on consent agenda.

10. CITY COUNCIL GUIDANCE ON PURSUING NATIONAL MAIN STREET ACCREDITED STATUS

The National Trust for Historic Preservation began the national Main Street program in 1980 to promote revitalization and sustainability of downtowns. In 2013, the National Main Street Center was spun off as a subsidiary of the National Trust with a distinct and defined focus on downtowns. A City Council policy statement supporting the pursuit of becoming an accredited Main Street through the Main Street Center encouraging city staff within available resources and expertise to support such an effort can serve as a baseline for the Technical Committees and Stakeholders involved in the Downtown in their planning and needs assessment efforts.

City staff is requesting the City Council offer guidance on whether to pursue Main Street accredited status with the national Main Street Center for the downtown.
Documents:

  1. MainStreetCenterCouncilmemo.pdf
  2. Accreditation_StandardsMainStreet.pdf
  3. 2018_Coordinating_Program_ListMainStreet.pdf

11.LANDFILL EXPANSION (PROJECT NUMBER 4264)

The City of Minot has been seeking land to expand the landfill dating back to 2002. The current landfill, as permitted, has capacity until about 2025. In 2017, after years of negotiations, two quarter sections of land were successfully purchased adjacent to the existing facility. The newly acquired land would provide about 50 plus years of capacity.

When the City proceeded to the next step to expand our key infrastructure by rezoning the land for public use, residents in the area of the landfill opposed the expansion plan.In an effort to ensure all comments and concerns were addressed, the City engaged the services of a consultant to perform a siting and cost analysis for relocation of the landfill as well as formed a focus group to talk through issues and concerns. Both of those efforts have come to their conclusions and a public input meeting was held to present the results. Attached to this memo are comments received during the input meeting along with explanations or clarifications.

It is recommended the City Council select the landfill expansion option and direct staff to proceed. 
Documents:

  1. Landfill Expansion memo to council.pdf
  2. Landfill Study public input responses.pdf
  3. Emailed and FB comments.pdf

Alderman Notes:
I will have comments and an additional post here on TheMinotVoice related to the landfill discussion.

12.DEPARTMENT PRESENTATION: ASSESSOR’S OFFICE

The City Assessor will present an update on current activities, opportunities, and obstacles encountered within the Assessor’s Office.

Alderman Notes:
These presentations are a new part of the City Council meeting process, and I have thus far appreciated the deeper look at our various department operations. I encourage readers to review these from time to get a better sense of the how the City operates.

—- END TUESDAY AGENDA — BEGIN WEDNESDAY AGENDA —-

Committee of the Whole
Wednesday, October 31, 2018
City Council Chambers, City Hall

1. 2018 STREET SEAL DISTRICT FINAL PAYMENT (4310)

This is the annual maintenance project to seal the asphalt pavement surfaces and fill the cracks that have developed over time. The project helps protect the pavement surface and prevents surface water infiltration for approximately 5 years.

Approve the final payment of $734,521.70 to be paid to Asphalt Surface Technologies Corp.  (ASTECH) for the 2018 Street Seal District.  

Documents:

  1. 4310 -Final Pay Memo.docx
  2. 4310 – Pay Application 3 Final Signed.pdf

Alderman Notes:
This is an administrative step required of a previously approved item. I will support this on the consent agenda motion.

2. 2018 WATERMAIN REPLACEMENT – FINAL PAYMENT (CITY PROJECT NO. 4312)

Each year, the Water and Sewer Department budgets funds for water main replacement in areas where old water mains are in poor condition. The improvements are necessary because of the high maintenance costs over the past several years with respect to the old mains and hydrants.

Recommend council approve the final payment for the 2018 Water Main Replacement Project to Post Construction in the amount of $519,767.47.
Documents:

  1. 4312 – 2018 Watermain Replacement – Final Payment.pdf
  2. 4312 – Final Payment.pdf

Alderman Notes:
This is an administrative step required of a previously approved item. I will support this on the consent agenda motion.

3. PUBLIC WORKS BUILDING ADDITION – FINAL PAYMENT (CITY PROJECT NO. 3884)

Multiple departments added staff between 2010 and 2014 to accommodate flood recovery and the rapid growth in our community. This created a very crowded office complex with limited locations for training and meeting space. This project built a 12,000 square foot addition to the Street Department and shop along with about 5,000 square feet of office and meeting room space to the public works facility.

It is recommended the City  Council approve the final payment for the Public Works Building Addition Project to Rolac Construction in the amount of $15,000.00.

Documents:

  1. 3884 – Public Works Building Addition – Final Payment.pdf
  2. Rolac Pay request final.pdf

Alderman Notes:
This is an administrative step required of a previously approved item. I will support this on the consent agenda motion.

4. RENAISSANCE PARKING STRUCTURE FINAL PAYMENT (3738.1)

The parking structure work started in October 2013 and was substantially complete in February 2016. All punch list and warranty items have been completed and the project is ready for final payment.

It is recommended the City Council approve the final payment to Shaw Lundquist & Associates in the amount of $265,392.51 for the Renaissance Parking Structure.

Documents:

  1. 3738.1 Renaissance Parking Structure Final Payment.docx
  2. Renaissance Parking Structure Final Pay App.pdf

Alderman Notes:
This is an administrative step required of a previously approved item. I will support this on the consent agenda motion.

5. CENTRAL PARKING STRUCTURE FINAL PAYMENT (3738.2)

The parking structure work started in October 2013 and was substantially complete in May 2016. All punch list and warranty items have been completed and the project is ready for final payment.

It is recommended the City Council approve the final payment to Shaw Lundquist & Associates in the amount of $275,957.58 for the Central Parking Structure.

Documents:

  1. 3738.2 Central Parking Structure Final Payment.docx
  2. Central Parking Structure Final Pay App.pdf

Alderman Notes:
This is an administrative step required of a previously approved item. I will support this on the consent agenda motion.

6. ORDINANCE AMENDING SECTION 2-48(A) VACATION AND SICK LEAVE

The City Council approved a change to the annual leave observed by employees of the City and the attached ordinance reflects those changes to apply to the City Manager’s position.

It is recommended the City Council pass an ordinance 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. 

Documents:

  1. Ordinance 2-48 (a) City Manager Vacation.pdf

Alderman Notes:
This was discussed as an employee retention and morale tool and was considered as a part of the budget recommendations. I will support this on consent agenda.

7. RURAL COMMUNITY GRANT FUND – BOMB K9 PROJECT

The Minot Police Department requests authorization to pursue $19,396 in grant funding through the Rural Community Grant Fund for the purchase of an additional police K9 to be trained in the detection of explosives and police patrol work. This funding will pay for the purchase of the police dog, training and lodging for the new handler during training.

Recommend authorization to apply for and accept the Rural Community Grant for the purchase of a dual purpose police dog for the purpose of bomb detection and patrol work for the Minot Police Department.
Documents:

  1. Rural Community Grant Fund _ Council Memo.pdf
  2. Rural Community Grant Fund Cycle MPD.pdf

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

8. DONATION OF EXPLOSIVE MAGAZINE STORAGE CONTAINER

The Minot Police Department Bomb team uses explosives for render safe procedures which includes counter charging dangerous items or devices. Explosive magazine storage containers are used to house these explosives. Transportation costs for explosives delivered to Minot can be significant. C&J Energy Services Casehold Solutions offered to donate a used explosive storage magazine container to the Minot Police Department Bomb Team.

It is recommended the City Council approve and accept the equipment donation offer from C&J Energy Services Casehold Solutions.

Documents:

  1. Explosive Magazine Container Donation.pdf
  2. IMG_0942.JPG
  3. IMG_0944.JPG
  4. IMG_0943.JPG

Alderman Notes:
This sounds like something we can use and that will improve efficiency and reduce costs. My concern: how have we handled locating this with regards to our zoning and planning laws? My position on this issue will depend on that answer.

9. NAWS ADAPTIVE MANAGEMENT PLAN MOU WITH BUREAU OF RECLAMATION

The MOU was sent back to the Bureau and asked that section “VII Terms” be revised. The Bureau has provided a letter that in summary states, ”the intent of the MOU term in question is to clearly state that no party signatory to the MOU will seek relief against Reclamation in the event the party disagrees with a future adaptive management decision. This term is included in each MOU Reclamation is entering into, and we believe consistency in these MOUs is important. Because Reclamation is the sole decision maker, we don’t believe it is necessary or appropriate for this MOU term to be reciprocal. Reclamation will not seek relief against the City of Minot for carrying out its role under this MOU.” In discussions between staff, the City Attorney and the City Manager, we believe this supplemental letter is adequate in lieu of adjusting the actual MOU.

Recommend approval of the MOU with the supplemental letter, as attached 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.
Documents:

  1. memo naws amp plan agreement revised.pdf
  2. DRAFT_Minot MOU Clarification Letter 2018-10-23.pdf
  3. US Bureau of Reclamation.PDF

Alderman Notes:
I’m comfortable passing this on consent agenda.

10. DEPARTMENT PRESENTATION: PUBLIC WORKS

The Director of Public Works will present an update on current activities, opportunities, and obstacles encountered within the Public Works Department.

            

Josh Wolsky, Writer & Developer, The Minot Voice

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.