The City of Minot City Council Committee of the Whole will meet Tuesday and Wednesday at 4:15 at City Hall to consider items on the agendas below.  Below you’ll find full agenda items along with links to staff-provided supporting documents. In red, you have the chance to take a peak inside the thinking of one Alderman.

City of Minot City Council and Committee meetings are streamed live on both Youtube and Facebook.

— # BEGIN TUESDAY AGENDA

1. 16TH STREET SW SHARED USE PATH REPLACEMENT (4183)

The existing shared use path has sections of asphalt and concrete, originally constructed in 1995 and 1978 respectively. Over the years, the path has experience several repairs and has significantly deteriorated.

It is recommended the City Council 

  1. Authorize city staff to submit the Transportation Alternatives application for the 16th St SW Shared Use Path Replacement; and
  2. Authorize the Mayor to sign the application; and
  3. Authorize the inclusion of the project in the 2021 Capital Improvement Plan.

Documents:

  1. CW_Memo_16thStSUP.pdf

Alderman Notes:
I support investments in pedestrian infrastructure. As a regular user of this path via bike, it is in need of attention. That said, I have a couple of questions and comments:

  1. In inserting this into the 2021 Capital Improvement Plan, what are we prioritizing this investment in front of? It’s difficult to set priorities when I don’t have a clear picture of all the needs. This requires a process/system change in the way projects are added to the Capital Improvement plan; that change is in the works and will be introduced in the spring of 2019.
  2. Does this project access federal funds and does it ‘require’ we build a 10-ft path instead replacing the existing 8-ft path? My assumption is that a large part of the cost associated with this is mobilization and prep work such that a 20% reduction in paving likely wouldn’t realize a 20% cost savings… but I’d still like to hear our staff opinion.

These projects are often subject to application deadlines and I do see this as a priority; my support seems likely.

2. STORM SEWER DISTRICT 123 – 10TH STREET SW – REQUEST FOR QUALIFICATIONS (4393)

10th Street SW from 37th Avenue to 31st Avenue SW and surrounding areas have long been identified as known storm water problem areas. Because the project is a little over a year away from scheduled construction, now is the time to start the necessary environmental clearance and design engineering for this project.

Recommend Council authorize the engineering department to solicit Requests for Qualifications for engineering services for the Storm Sewer District 123 – 10th Street SW Project.

Documents:

  1. 4393 – SSD123 10th St SW Request RFQ Memo.pdf

Alderman Notes:
These projects are prioritized through the storm-sewer development fund. The reason we have the fund (and assess ourselves the cost each month on our water bills) is to address these existing problem areas. Though it will likely not be supported by the residents in the neighborhood (who wants a special assessment placed on their property?), we should either advance these projects as they’ve been prioritized or end the city-wide assessment on our water bill. 

3. WASHINGTON ELEMENTARY SAFE ROUTES TO SCHOOL DECISION DOCUMENT (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. Council must authorize the Mayor to sign the decision document at the December meeting as the final environmental report is due to the NDDOT on December 7, 2018.

Recommend the City Council authorize the Mayor to sign the decision document for the Washington Elementary School Safe Routes to School project. 

Documents:

  1. 4367 – Washington Elementary SRTS Decision Document Memo.docx
  2. Decision Document.pdf
  3. Public Involvement Report_PCN 22267_181107.pdf

Alderman Notes:
I support the project. A couple notes:

  1. This is based on a priority list from 2010. It’s time to update the list and evaluate our priorities.
  2. The construction engineering fee on this is roughly 10% of ~$290,000 worth of work. Seeing as sidewalk construction doesn’t have rigorous load requirements, I would assume the construction standards are comparably lower as well. Perhaps we don’t need to outsource this service at this cost?

4. 2019 INSURANCE RFP

An RFP for revised insurance coverage has been advertised and responses are due on November 21st.  The responses will be evaluated and a recommendation will be brought to the Committee of the Whole.

Documents:

  1. COW Nov212018 Insurance.pdf

Alderman Notes:
I will be curious to see how the market responds to the opportunity of earning the City’s business. 

5. POLARIS SETTLEMENT AGREEMENT

Polaris LP owns three multiplexes at 300 27th Ave NW and is asking for partial reimbursement of alleged overcharges on their utility bill.  Staff recommends approval of the agreement.

It is recommended the City Council approve the Settlement agreement, release, and covenant not to sue, and authorize the Mayor to sign the agreement. 

Alderman Notes:
Mistakes happen. When they do, we should pay for them. This is an example.

6. AMENDMENTS TO MEETING ORDINANCE

Currently, the City Council meets, in a regular meeting, at 6:30 p.m. once per month. The Committee of the Whole meets, in two meetings, the week prior to the regular City Council meeting. The City Council previously discussed amending the City ordinances to provide for two regular City Council meetings per month, both of which would occur at 5:30 p.m. With this change, the City Council also contemplated eliminating the Committee of the Whole meetings.

The City Council approve, on first reading, the attached ordinance amendments. 

Documents:

  1. Meetings Ordinance Memo.pdf
  2. Meetings Ordinance _First Reading.pdf
  3. Secs. 2-26 — 2-31.pdf

Alderman Notes:
This is an adjustment from a long-standing practice. I don’t mind the Committee of the Whole process; I appreciate having two looks at items. This adjustment will require better meeting preparation and will likely result in fewer consent items, more discussion, and more-regular tabling of items. It’s an experiment worth having. I will support the scheduling change. 

7. PARKING LOT IMPROVEMENTS (AIR071) BUDGET AMENDMENT AND CHANGE ORDER

The Airport was authorized by City Council to award the bid for the rental car parking lot project to the lowest bidder and begin construction. A budget amendment is now required in order to match the actual costs with the originally budgeted amount.  All costs for this project are being funded with Car Rental Customer Facility Charges.

1. Recommend approval of the Budget Amendment to increase the Airport landside maintenance and capital expense accounts for parking lot improvements and rental car relocation; and
2. Recommend approval of Change Order No. 2, Parking Lot Improvements (AIR071) Construction Support; and
3. Authorize Mayor to sign all applicable documentation.  

Documents:

  1. MEMO Parking Lot Improvements AIR071 (3).docx
  2. CO 2 – Constuction Support.pdf
  3. 39. 2018 BA – RAC Relocate car rental return construction additional amount.docx

Alderman Notes:
This is an improvement to the rental car facility at the airport being funded by fees from car rentals. I will support this on the consent agenda.

8. ASSIGNMENT OF LEASE, T-HANGAR NO. 6

There is one (1) vacancy out of sixteen (16) t-hangars owned by the Airport. Protocol established a policy of a waiting list for vacancies. Craig VanTilborg is the next interested party on the waiting list. Mr. VanTilborg has indicated interest in renting a t-hangar for a monthly rent of $75.00 per month, and will abide by the lease terms and obligations. The lease term is month-to-month, which may be terminated by the City or the Tenant with a 30-day written notice.


1. Recommend approval of the Airport Lease, T-Hangar between the City of Minot and Craig VanTilborg for T-Hangar No. 6 for $75.00 per month; and
2. Authorize the Mayor to sign the agreement

Documents:

  1. MEMO T-Hangar 6.pdf
  2. No. 6 Craig VanTilborg.pdf

Alderman Notes:
I will support this on the consent agenda. My question: is there a way to administratively approve these without Council action? I don’t need to vote every time we want to honor a waiting list for a $75-per-month lease.

9. APPROVE ADJUSTMENT TO FINAL PAYMENT FOR PARK SOUTH PROJECT

City Council approved recently what was believed to all remaining costs for the Park South Multi-Family CDBG-NDR project. However, it turns out that there were 6 minor finishing work products that the contractor had not billed to Essential Living Inc., the non-profit developer. All finishing work is consistent with the contract and the amount requested of $120,585.25 brings the total project cost to the CDBG-NDR cap of $1,970,585.25.

It is recommended 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.

Documents:

  1. ParkSouthFinalPaymentAdjustmentCouncilmemob.pdf
  2. Essential Living Final Payment.pdf

Alderman Notes:
This project is a great example of a public/private partnership. I will support this on consent agenda.

10. AMENDED SOURIS BASIN PLANNING COUNCIL SUB-RECIPIENT AGREEMENT

The city entered into a sub-recipient agreement with the Souris Basin Planning Council for calendar year 2018 to support CDBG-NDR economic development resilience planning activities associated with filling missing critical data pieces to develop a long term, sustainable economic development strategy. Their support and work has been beneficial to these efforts and warrants an extension for one more year to complete the follow through necessary to carry out the implementation of data collection efforts to support the IEDC recommendations and optional plans of action in their report.

It is recommended 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.

Documents:

  1. AmendedSourisBasinPlanningCouncilSub-recipientAgreementCouncilmemo11-18-18.pdf
  2. AgreementSourisBasinPlanningCouncil.pdf
  3. Souris Basin sub-recipient agreementamendment.docx

Alderman Notes:
In my time on Council, I’ve observed the SBPC to be an asset to the City and the larger region. This is fee-for-service work and I support this continued agreement with the City.

11. CITY COUNCIL APPROVAL TO AUTHORIZE EMINENT DOMAIN PROCEEDINGS FOR NINE PROPERTIES

These nine properties are located in what is identified as Buyout Area #4 in the HUD approved CDBG-NDR Action Plan. Letters have been sent to the affected property owners advising them of this step of recommending commencement of eminent domain proceedings but informing them that the opportunity continues for them to avoid legal proceedings by accepting the final offer made. Authorizing eminent domain proceedings by the City Council does not mean we will not  continue to seek a resolution of the acquisition outside of a court decision. It does trigger the City’s use of the outside counsel under contract for eminent domain proceedings.

It is recommended 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.

Documents:

  1. Eminentdomainauthorizationcouncilmemo11-20-18.pdf

Alderman Notes:
Eminent domain is a tool of last resort, but to keep the flood protection moving, the process must be started. I will support this item but remain hopeful that our staff and agents continue to work toward amicable outcomes short of court proceedings.

12. CITY COUNCIL APPROVAL TO ADD STRUCTURE TO AUCTION LIST

Properties with structures acquired through the CDBG-NDR flood mitigation buyout program are reviewed for structural soundness to determine if can be auctioned and moved. A review of a recently acquired structure on the property at 1115 6th Avenue SW by staff has been determined to be structurally sound to be moved and is recommended for auction.

Request City Council approval to add structure located on 1115 6th Avenue SW acquired through CDBG-NDR flood mitigation buyout program to auction list.

Documents:

  1. AddstructuretoauctionlistCouncilmemo11-18-18.pdf

Alderman Notes:
I appreciate these items. Though we are acquiring many properties, I’m glad to see we’re making efforts to see them bought, moved, and repurposed. I will support this on the consent agenda.

13. CITY COUNCIL APPROVAL OF FOUR DEMOLITION BID AWARDS

These projects were previously bid twice with a decision both times to make no award. Several weeks ago, we held a workshop for companies interested in bidding to review the requirements and expectations of the bidding process under HUD rules. Bidding this time was both for each of the four individual projects as well as the option of one bid for all projects. The lowest responsible bid price for each of the four individual projects when totaled is $6,000 less than the lowest responsible bid price for the one bid on all four projects. Therefore, the recommendation is to award the individual projects to the lowest responsible bidder.

City Council approve award contracts to lowest responsible bidders for demolition of structures at 400 Maple Street, 430 4th Ave. NE, 205/215 Maple Street, and 614/701 4th Ave. NE.

Documents:

  1. demoltionauthorizationcouncilmemo11-20-18.pdf
  2. Recommendation to Award – 430 4th Ave NE Project 3755.7.pdf
  3. Recommendation to Award – 400 Maple St Project 3755.8.pdf
  4. Recommendation to Award – 205 215 Maple St Project 3755.9.pdf
  5. Recommendation to Award – 614 701 4th Ave NE Project 3755.10.pdf

Alderman Notes:
These demolition projects have taken a long time getting to this point, but I’m confident staff did the appropriate amount of due diligence in securing the lowest price for the required work. I will support this on the consent agenda.

14. APPOINTMENT OF SPECIAL ASSISTANT CITY ATTORNEY FOR CONFLICT CASE

On November 11, 2018, a city employee was charged with a criminal offense in violation of a City ordinance. The City recommends the appointment of a special assistant city attorney to avoid any conflict of interest or appearance of impropriety.

Move to 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.

Documents:

  1. Memo_Conflict Case.pdf
  2. Appointment_Council.pdf

Alderman Notes
I will support this on the consent agenda.

15. APPOINTMENT OF CONTRACT ATTORNEY

The City Attorney’s office currently consists of two attorneys, one full-time legal assistant, and one part-time legal assistant. This office is responsible for prosecuting all criminal ordinance violations, infractions, and traffic code violations. In recent years, the workload has become more consuming due, in part, to an increased amount of time spent on prosecution matters; unprecedented litigation matters; and the City’s increased activities with federal funds (CDBG-DR Funds; NDR Funds) and flood control projects. Beyond that, City staff and City Council members have identified numerous antiquated or non-existing ordinances, policies, and processes that should be updated or adopted.

  1. It is recommended the City Council appoint Attorney Caitlyn A. Pierson to represent the City of Minot in the prosecution of municipal ordinance violations.
  2. Authorize the Mayor to sign any agreements relating to Attorney Pierson’s appointment

Documents:

  1. Memo_Prosecution Appointment Final.pdf
  2. Pierson – Cover Letter.pdf
  3. Pierson – Resume w References.pdf

Alderman Notes:
The Council’s demand on legal staff due to ordinance revision and added work related to ongoing lawsuits warrants support of this request. We want improved results; we need to be willing to pay for them. I will support this on the consent agenda.

16. 3RD AVENUE SE AND BURDICK PEDESTRIAN IMPROVEMENTS (4426)

Overhead yellow flashing beacons bring to attention the pedestrian crosswalks crossing 3rd
Avenue SE at 3rd Street SE and crossing Burdick Expressway at 13th Street SE. Vehicle yield
to pedestrian compliance has been an issue at both crossings.It is recommended the City Council

  1. 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
  2. Authorize the mayor to sign the grant applications.

Documents:

  1. CW_Memo_PedCrossings.pdf

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

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

The owner of 16 vacant, residential lots owned by C & K Consulting, LLC has filed an abatement for a reduction in the 2016 True and Full Value.  A list of each lot’s 2016 assessment and the requested reduction is attached.

The City Assessor recommends a motion to deny the request.

Alderman Notes:
On this request, it appears that little supporting information has been provided to suggest the valuation was incorrect. I will support our assessor’s recommendation.

18. APPLICATION FOR ABATEMENT OR REFUND OF TAXES FOR 3215 8TH ST NE

The owners of an apartment building complex, Stonebridge Villas II have filed an abatement for the 2016 Property taxes asking for a reduction from $6,691,000 to $3,735,000.

The City Assessor recommends a motion to deny the request.

19. APPLICATION FOR ABATEMENT OR REFUND OF TAXES FOR 3241 8TH ST NE

Stonebridge Villas II, LLC has filed an application 3241 8th St NE for an abatement to reduce their 2016 True and Full Valuation from $4,965,000 to $2,700,000.

The City Assessor recommends a motion to deny the request.

Documents:

  1. 2016 abatement Agenda memo Stonebridge for 3241 8th St NE 40 unit apartment applied for by Fredrikson Byron PA f.docx
  2. 3241 NE 8th St packet for abatement 40 units.pdf
  3. Assessors Office Methodology and Assessment Process.pdf

Alderman Notes:
On this request, it appears that little supporting information has been provided to suggest the valuation was incorrect. I will support our assessor’s recommendation.

20. APPLICATION FOR ABATEMENT OR REFUND OF TAXES FOR 3343 8TH ST NE

Stonebridge Villas LLC has filed a tax abatement on a 68 unit apartment complex asking for a reduction on the 2016 True and Full Value from $7,724,000 to $3,655,000.

The City Assessor recommends a motion to deny the request.

Documents:

  1. 3343 8th St NE Packet for Abatement 68 plex at Stonebridge Villas .pdf
  2. 2016 abatement Agenda memo Stonebridge for 3343 8th St NE 68 unit apartment applied for by Fredrikson Byron PA.docx
  3. Assessors Office Methodology and Assessment Process.pdf

Alderman Notes:
On this request, it appears that little supporting information has been provided to suggest the valuation was incorrect. I will support our assessor’s recommendation.

21. APPLICATION FOR ABATEMENT OR REFUND OF TAXES FOR 46 TOWNHOMES OWNED BY TOWNHOMES AT STONEBRIDGE

Property tax abatement submitted by the owners of 46 townhomes along 7th St NE.  A spreadsheet of current 2016 True and Full Values and Requested Reductions is attached.

The City Assessor recommends a motion to deny the request.

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

The owner of 58 residential lots that were vacant as of the assessment date of 2016 has filed an abatement to reduce the 2016 assessment.  A spreadsheet of each parcel’s 2016 assessment and the owner’s request is attached.

The City Assessor recommends a motion to deny the request.

Documents:

  1. 2016 abatement Agenda memo for Stonebridge Development Vacant 58 Lots.docx
  2. 2016 Abatement Request Spreadsheet of 58 Lots.xlsx
  3. 2016 vacant lot abatement documents 58 lots stonebridge.pdf
  4. 2016 Abatement 58 lots Stonebridge analysis and exhibits.pdf

Alderman Notes:
On this request, it appears that little supporting information has been provided to suggest the valuation was incorrect. I will support our assessor’s recommendation.

23.OMBUDSMAN POSITION

An Ombudsman is a governmental official appointed to hear and investigate complaints made by private citizens against a governmental body. The City Council planned to discuss the ombudsman position at the City Council Retreat, but time did not permit for the discussion.

The City Council discuss the ombudsman position and determine whether it wishes to create that position for the City of Minot.

Documents:

  1. Ombudsman_Memo.pdf

Alderman Notes:
On this issue, I don’t have a strong opinion. I look forward to the discussion of the merits of the idea and the expected changes it might bring about.

24.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:
There will be lots to say here. Last month I offered an amendment to the expand-in-place motion offered by the Mayor. Basically, the amendment called for a more limited expansion than staff proposed and an exploration of a more regionally focused governance model. I’ll be curious to hear staff comments on where we’re at and any additional comments from my fellow Alderman.

25. DEPARTMENT PRESENTATION

——- # END TUESDAY AGENDA — BEGIN WEDNESDAY AGENDA # ——–

Committee of the Whole 
Wednesday, November 28, 2018 – 4:15 PM
City Council Chambers

1. 2018 NUISANCE ABATEMENT PROJECT – FINAL PAYMENT (4347)

This is the yearly project to address nuisances throughout the City.

Recommend approval of the final payment in the amount of $971.98 to Dig It Up Backhoe Service for 2018 Nuisance Abatement.

Documents:

  1. 4347 – Final Payment Memo with documentation.pdf

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

2. 2018 PAVEMENT MARKINGS FINAL PAYMENT (4343)

This is the annual maintenance project to stripe pavement markings throughout the City’s streets.

Approve the final payment of $36,422.87 to be paid to West River Striping Company for the 2018 pavement markings.

Documents:

  1. 4343 -Final Pay Memo.pdf

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

3. 2018 SIDEWALK, CURB, & GUTTER FINAL PAY APPLICATION NO. 3 (4311)

This annual project consists of constructing, rebuilding or repairing of sidewalk, curb & gutter in the right of way.

Approve the 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.

Documents:

  1. 4311 – Final Pay App No 3 Memo Packet.pdf

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

4. 2018 STREET IMPROVEMENT DISTRICT FINAL PAYMENT (4308)

This project was the annual maintenance project to repair and replace streets that were showing moderate to severe pavement distresses.

Approve the final payment of $498,789.96 to be paid to Bechtold Paving, Inc. for the 2018 Street Improvement District.

Documents:

  1. 4308 – 2018 Street Improvement Final Payment Memo.pdf

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

5. FINAL PAYMENT- MINOT SWIF ACTION B – STORM SEWER OUTFALL TELEVISING AND INSPECTION (3135.2B)

This project televised or inspected all storm sewer outfalls or oxbow (Dead-Loop) flood control structures within the City of Minot to identify any maintenance requirements. The project was bid October 3, 2016 and Pace Construction, Inc. submitted the low bid for the project at $240,088.85. After the project was bid, the SRJB (Souris River Joint Board) requested a change order to include televising work outside the City of Minot to this contract, which was granted. The total cost of the Project came to $381,520.32.

Recommend approval of 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.

Documents:

  1. 3135.2B Final Payment Memo to council.pdf
  2. 3135.2B Pay App 5 – Final.pdf

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

6. REVISION OF CEMETERY SUPERINTENDENT JOB DESCRIPTION

Rosehill Memorial Cemetery has a very small staff which consists of the Cemetery Superintendent and three (3) Equipment Operators.  Since its inception, the position of the Cemetery Superintendent has taken on more of an administrative role with limited involvement in skilled maintenance duties. Revising the job description to include and emphasize skilled maintenance duties will be helpful to the already limited staff in the department, especially during those periods when there are multiple burials on a daily/weekly basis and extensive summer seasonal maintenance.

Recommend approval of revisions to the Cemetery Superintendent job description as proposed.

Documents:

  1. Memo for Revision of Cemetery Superintendent Job Description.docx
  2. CEMETERY SUPERINTENDENT 2018.docx

Alderman Notes:
This revised job description will help efficiency. I will support this on the consent agenda.

7. RESOLUTION APPROVING PARTICIPATION IN NDPERS PORTABILITY ENHANCEMENT PROGRAM

The City Council approved participation in the North Dakota Public Employees Retirement program with the adoption of the 2019 Annual Budget.  This participation will take effect on January 1, 2019.The Portability Enhancement Program (PEP) is an additional tool offered by NDPERS which allows employees to invest additional dollars in a 457b Deferred Compensation Plan, which would enable the employee to gain a portion of the vesting in the employer’s match dollars for the retirement program.  This option would increase the employees’ retirement benefits provided they invest the additional dollars.

Recommend adopting resolution approving participation in the NDPERS Portability Enhancement Program
.

8. 2019 LIBRARY SALARY DISCREPANCY

Following the Minot Public Library Board’s approval of the 2019 proposed Library salaries on May 17, 2018 the City released it’s FY 2019 Compensation plan which was approved on June 13, 2018. Traditionally, the Library attempts to follow the City’s pay plan guideline even though the department is not considered Civil Service. If the Library Director’s proposed salary plan (approved in May) had followed the City’s plan (approved in June), Library employees would be eligible for a salary increase of 1.5% to 5% rather than the 1.1% to 1.8% increased approved by the Library Board based on holding the line with the 2018 salaries.

The Minot Public Library Board is requesting that City Council approve the attached Budget Amendment 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.

Documents:

  1. 2019 Salary Discrepency Memo.pdf
  2. BA 2019 Salary.docx.pdf
  3. 2019 Library Salary Adjustment.pdf

Alderman Notes:
Welcome to the tangled web of laws that is library management. I would like to know if the Library Board has acted on this.

9. RIGHT OF WAY ENCROACHMENT APPLICATION – BUILDING ACCESS RAMP – 18 2ND STREET NE

Norsk Brothers, LLC wishes to provide access to their building from the adjacent public sidewalk. The proposal is to construct an ADA accessible ramp and walkway to allow ingress/egress to the west side of the building. as shown in the attached sketch. The proposed ramp/walkway will encroach on the City’s right-of-way.

Recommend approval of 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.

Documents:

  1. Memo_Encroachment_NorskBros.pdf

Alderman Notes:
Private developers should be applauded for making accessibility a priority; even more so in historic properties where costs can quickly become prohibitive. I will support this recommendation, and further suggest that we make it a standing policy to waive encroachment fees processed for the encroachment requests that serve and improve accessibility standards.

10.EDGEWOOD VISTA DRAINAGE EASEMENT (4427)

The Edgewood Vista subdivision was platted in 2006. During the infrastructure design, a 60” storm sewer was installed through the subdivision that conveys drainage from a large watershed in southeast Minot. The pipe discharges into a ditch that flows to the southeast. However, a drainage easement was never platted over this small section of the ditch within the Edgewood Vista park.

Recommend Council accept the drainage easement on a portion of Park in Block 5, Edgewood Vista Subdivision, to the City of Minot, North Dakota. 

Documents:

  1. 4427 Edgewood Vista Drainage Easement Memo.docx
  2. Easement Photo.pdf

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

11. REAL ESTATE TRANSFER – 27TH AVENUE NW REGIONAL STORMWATER POND (3575)

Under a Development Agreement with the City dated August 31, 2012, Northern Lights Property Development, LLC created a regional stormwater pond as a part of the 27th Avenue NW Storm Sewer Improvements Project. The Development Agreement provides that upon completion of Northern Lights’ obligations under the Development Agreement, the Development Agreement will terminate and Northern Lights is required to transfer title to certain property, improvements, and associated easements to the City. Northern Lights has completed their obligations.

Recommend approval of 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.

Documents:

  1. Memo_3575_RealEstateTransfer.pdf

Alderman Notes:
I will pull this for a couple questions:

  1. Are these agreements common?
  2. Do we know how much accepting ownership will cost us in operation and maintenance and are there any known or expected future capital costs?  

12. CITY HALL RETAINING WALL – REQUEST FOR QUALIFICATIONS (4398)

A grouted rock retaining wall system is currently in place to retain the soil for the City Hall complex. Additional wall damage is likely to occur in the future if a change is not made.

Recommend Council authorize the engineering department to solicit Requests for Qualifications for engineering services for the City Hall Retaining Wall Project. 

Documents:

  1. 4398 – City Hall Retaining Wall Request RFQ Memo.pdf

Alderman Notes:
With the current information, I will not be able to support this request. I will have additional comments at the meeting.

13. TRANSIT BUDGET AMENDMENT FOR ROUTEMATCH UPGRADE (BUS034) P4430

The NDDOT has approved a change in use for grant funds to upgrade our current RoutematchbAutomatic Voice Announcement system and WiFi capabilities. They have also approved the Alternate Procurement Request to use RouteMatch as the sole source for this upgrade since it is their system. The cost of this upgrade will be approximately $24,500.00. Because of the cost and type of upgrade this purchase will need to be capitalized so a budget amendment is
included to capitalize this purchase if approved.

Recommend 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.

14. ANNE STREET BRIDGE ANALYSIS ENGINEER SELECTION (4385)

The Anne Street Bridge is currently in poor condition. An assessment is needed to determine the most cost effective method of repairs to the bridge deck and any structural members in need of replacement. Requests for qualifications were solicited for this work. EAPC was the sole respondent to the request for qualifications. This is likely due to the complex nature of this project. Upon review of their qualifications, staff feels they can accomplish the scope requested.

  1. Recommend selection of EAPC to perform the necessary analysis work
  2. Authorize the City Engineer to negotiate a scope and fee
  3. Authorize the Mayor to sign the agreement

Documents:

  1. 4385 – Anne Street Bridge Analysis Engineer Selection.docx

Alderman Notes:
I’m a fervent supporter of the Anne Street Bridge as a valuable piece of pedestrian and bike infrastructure. I also believe the bridge is both a historic and cultural asset for the community, and I would like to see it maintained for another hundred years. I will support this recommendation, but I will pull the item to request the scope of work include investigating the implications the bridge’s status as a historic structure has on meeting current code and ADA standards.

15. RETAIL LIQUOR & BEER LICENSE TRANSFER

Paperwork was submitted to transfer the retail liquor and beer license from Rose Keyes, owner of Rose’s Blind Duck, LLC to be transferred to Blindside Investments, LLP.

It is recommended the Committee and Council approve the transfer of the retail liquor and beer license.

Documents:

  1. Memo- Liquor License Transfer.pdf
  2. License Transfer Form.PDF
  3. License Agreement.PDF

Alderman Notes:
Minot’s liquor license system is a mess; our licensing and ordinances desperately need a revision, but for the purposes of this meeting I wish to clarify the ‘inactive date’ for this license. I’m also curious what is actually exchanged when we approve these transfers. By ordinance, these licenses are defined as ‘property’, do we issue title to them? Is there are a piece of paper that says this license belongs to someone? Is there a license number so we can see a chain of ownership?

16. MINOT ENVIRONMENTAL POLICY GROUP RECOMMENDATIONS REGARDING SINGLE-USE PLASTIC SHOPPING BAGS

In February of 2018, a group of other like-minded individuals from Minot expressed frustration with the amount of single-use plastic bags stuck in trees, gutters, bushes, and fields in our community and wanted to do something about it. The name of the work group became the Minot Environmental Policy Group and the invitation was extended to members of the Minot community to share their thoughts, views, and experiences regarding single-use plastic bags in our community and what we could do to reduce waste and litter from this product.

It is recommended the City Council discuss the information provided by the Minot Environmental Policy Group and consider their proposed recommendations. 

Alderman Notes: 
I greatly appreciate the manner in which this has been brought forward. If you’re looking for a template for how to go about influencing your local government, this is a good place to start.

On the issue, the social costs (an ugly town) and environmental costs (this stuff ends up in the river; I’ve observed this first hand in our many Friends of the Souris clean-ups) of single-use plastics are not accounted for in the current retailer-customer market exchange. And while the bags are certainly convenient and inexpensive, the social and environmental costs are accruing. Right now those costs are being carried by the larger community. In effect, we are subsidizing our convenience. We have every right to do that, but perhaps we should do so only after acknowledging and fully understanding the costs. 

In my opinion, we need a behavior change from both retailers and consumers. Bringing this issue forward creates awareness which is a great first step. If that’s not enough, tax policy can serve as tangible, monetary nudge. I’m not opposed to the latter, but I’m not ready to adopt anything yet without further using the City’s pulpit to bring everyone to the discussion. By meeting time, I expect to have some starting-point ideas to consider in addition to those offered by the Environmentally Minded Citizens of Minot.

17. AMENDED MAGIC FUND GENERAL POLICY GUIDELINES

The City Council as part of the 2018 Budget Deliberation and Approval process requested that a task force be established to review the MAGIC Fund uses, and its policies for the purpose of recommending amended language to more clearly define scope and uses of the Fund as well as to promote transparency and clarity. The recommended adjustments and clarifications of the MAGIC Fund guidelines are the result of this extensive review and assessment.

It is recommended the City Council approve the Amended MAGIC Fund General Policy Guidelines.

Documents:

  1. AmendedMagicFundCouncilmemo.pdf
  2. draft amendments to MAGIC Fund guidelinesc.pdf

Alderman Notes:
I will not be supporting these changes to the MAGIC Fund guiding document. Here are my reasons:

  1. I do not understand it. The document is full exceedingly long sentences and paragraphs that are filled with jargon. I would rate the readability at beyond post-graduate level. If the document isn’t clear and easy to understand, it sets us up for using the MAGIC fund any way we choose. All it will take is a little political clout to encourage the right ‘interpretation’.
  2. I have structure concerns. This related to the first concern, but this document references ideas like ‘primary sector’ before it defines them. The structure part is easily addressed; we could probably argue for an eternity about the definitions.
  3. This is the cart before the horse. The City and community are in the process of a major economic development practices review and development of a plan. The MAGIC Fund is an enormous resource we can direct toward our plan, but we seem to be defining how we’re going to use it before we finish the plan. This doesn’t make sense to me.
  4. I dislike the manner in which this arrived for our consideration. I hope someone corrects me at the meeting and that I am wrong in my next statement, but I don’t remember formally appointing this committee. I remember having discussions about wanting revisions to this document and our larger economic development practices, but I don’t remember tasking anyone specifically. Again, I hope I am wrong. So, to my knowledge, the work in drafting these changes has taken place behind closed doors. In my perfect world of transparent government, I see no reason for this process to have been private. I do not live in my perfect world, but I do have a vote that can help us get closer to it.

18. INFORMATIONAL UPDATE ON THE PARKING RAMPS

The Finance Director will provide an update on the parking ramps.

Alderman Notes:
Given the circumstances of a parking garage customer becoming stranded in one of the City-operated parking garages, I’m curious to hear how staff are addressing this issue.

19. DEPARTMENT PRESENTATION

              

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.