City Council

December 3, 2012 MINOT CITY COUNCIL - REGULAR MEETING - 6:30 P.M. ROLL CALL Members Present: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. Members Absent: None. Mayor Zimbelman presiding. PLEDGE OF ALLEGIANCE Mayor Zimbelman led the City Council in the Pledge of Allegiance. APPROVAL OF MINUTES Alderman Hatlelid moved that the minutes of the November 5, 2012, regular City Council meeting and the November 14, 2012 special City Council meeting be approved. Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. APPROVAL OF BILLS – NOVEMBER 2012 Alderman Hatlelid moved that the City Council approve the bills as listed for November 2012 in the total amount of $4,735,075.19 and transfers, as follows: A-1 EVANS SEPTIC TANK SERVICE 80.00 227977 CLAREY'S SAFETY EQUIPMENT INC. 564.38 228012 ABERLE, CHRIS 1701.45 227975 CLOUSE, TITUS 55.63 227897 ACKERMAN ESTVOLD 6291.67 227887 CLUTE OFFICE EQUIP. INC. 190.18 228013 ACKERMAN ESTVOLD 46208.38 227978 COGGINS, JEFF 124.72 227898 ACME TOOLS 6820.71 227979 COMFORT INN-BISMARCK 237.00 228014 ADVANCED BUSINESS METHODS 254.08 227980 COMMAND CENTER 8316.50 227844 ADVANCED ENGINEERING & 512.00 227981 COMMAND CENTER 5608.86 227899 ALL AMERICAN TROPHIES 486.00 227982 COMMAND CENTER 2297.08 228015 ALL SEASON ARENA 43848.77 227835 COMMUNITY AMBULANCE SERVICE 16.00 228016 AMERICAN PUBLIC WORKS ASSN. 1846.00 227983 COMPUTER STORE 2474.95 228017 AMERICINN OF BISMARCK 151.08 227984 COUGHLIN CONSTRUCTION 25357.34 227900 AMERIPRIDE 611.29 227986 CRAVEN, C.J. 300.84 227901 APEX ENGINEERING GROUP 139903.01 227987 CREATIVE PRODUCT SOURCE 214.00 227902 ARROWHEAD ACE HARDWARE 24.99 227988 CUMMINS NPOWER, LLC 2366.06 228018 ARTMAIN 175.90 227989 DACOTAH BANK 285.50 228019 ASSURANT EMPLOYEE BENEFITS 29.50 227990 DACOTAH PAPER CO. 3385.57 228021 ASTECH 90374.60 227888 DAKOTA ASPHALT PAVEMENT ASSOC 800.00 227903 AT&T 145.46 227836 DAKOTA FENCE 500.00 228022 AT&T 45.53 227837 DAKOTA FIRE EXTINGUISHER 810.95 228023 AT&T 105.15 227838 DAKOTA FLUID POWER, INC 338.73 228024 AT&T 37.01 227889 DAKOTA OUTERWEAR CO. 629.60 228025 AT&T 303.77 227890 DAKOTA SUPPLY GROUP 55.86 228026 AWE 3063.00 227891 DAKOTA TRUCK & FARM 130.42 228027 BAKER & TAYLOR BOOKS 4687.54 227992 DELL MARKETING L.P. 1362.90 228028 BECHTOLD PAVING 33711.12 227892 DEMCO 493.96 228029 BECHTOLD PAVING 180131.48 227993 DIRECTV 97.67 227904 BLUE CROSS ND 68346.56 227994 DIVERSE MEDIA, INC 173.55 228030 BNSF RAILWAY CO 17283.34 227995 DOC 184.80 228031 BORDER STATES ELECTRIC SUPPLY 852.28 227996 DOMESTIC VIOLENCE CRISIS CENTE 2542.80 227905 BREMER 880.00 227894 DOMESTIC VIOLENCE CRISIS CENTE 3621.99 228032 BREMER INSURANCE 66.00 227840 DR TRANSPORT, INC 52560.30 228033 BROADWAY PRINTING COMPANY 152.07 227997 DUNCAN, KAREN 51.51 227845 BROWN & SAENGER 344.96 227998 DUNCAN, KAREN 74.97 227906 BROWN TRAFFIC PRODUCTS 1075.00 227999 DUO-SAFETY LADDER 153.26 228034 BROWN, AUSTIN 108.38 227841 ECOLAB 425.04 228035 BUTLER MACHINERY CO. 892.25 228000 ECONOMY AUTO GLASS SALES INC 521.25 228036 BWI 2335.76 228002 ELDORADO NATIONAL - CALIFORNIA 198.74 228037 BYE, DONNA 52.02 227842 EMERGENCY AUTOMOTIVE TECHNOLOGIES 344.78 227907 CALIFORNIA CONTRACTOR SUPPLIES 359.88 228003 ENERBASE 57173.59 228040 CAMP GRAFTON TRAINING CENTER 121.20 228004 ENERBASE 16873.52 228041 CARSWELL, PAMELA 92.70 227896 ENTERPRISE 378.75 227908 CBCINNOVIS, INC 18.00 227843 ENVIRONMENTAL SPECIALISTS 7785.00 228042 CDBG DR RELATED 14770.00 227949 ESLINGER, ASHLEY 10.41 227847 CDW GOVERNMENT INC. 271.71 228005 ETHANOL PRODUCTS 4998.16 228043 CENTER FOR EDUCATION & EMPLOYMENT 254.95 228006 ETSYSTEMS 25.50 228044 CHIEF 703.97 228007 FACTORY MOTOR PARTS 160.81 228045 CHOQUETTE, MICHAEL 88.74 228008 FARGO GLASS & PAINT COMPANY 634.49 228046 CIRCLE SANITATION 901.75 228009 FARGO WATER EQUIPMENT 26875.36 228047 CITY DIRECTORIES 2275.00 228010 FARSTAD OIL CO 2528.10 228048 CITY LAUNDRY & DRY CLEANERS 43.00 228011 FASTENAL COMPANY 53.12 228049  December 3, 2012 FBI/LEEDA 50.00 228050 MINOT CONVENTION&VISITORS BUR. 12344.79 227925 FERGUSON ENTERPRISES, INC 289.34 228051 MINOT COUNCIL ON THE ARTS 5000.00 228120 FERGUSON WATERWORKS 4657.94 228052 MINOT DAILY NEWS 189.80 227926 FIRESIDE OFFICE PRODUCTS INC 896.00 228053 MINOT DAILY NEWS 177.00 227927 FIRST DISTRICT HEALTH UNIT 19445.00 227848 MINOT DAILY NEWS 1744.14 228121 FIRST DISTRICT HEALTH UNIT 53.80 228054 MINOT DAILY NEWS 1089.70 228122 FLEET PRIDE 288.38 228055 MINOT ELECTRIC 142927.89 228123 FUNKE, LANDI 29.58 227849 MINOT EMPLOYEE DONATIONS 1047.55 227928 GAFFANEYS 49.95 228056 MINOT LUMBER 59.44 228124 GALE GROUP 760.20 228057 MINOT PAVING 50093.56 227929 GCR TIRE CENTERS 26.24 228058 MINOT PAVING 1679.72 228125 GENERAL SCRAP INC 1050.78 228059 MINOT VETERINARY CLINIC 6706.00 228126 GENERAL TRADING 486.36 228061 MINOT VOC ADJ WORKSHOP 96.00 228127 GERDAU AMERISTEEL 15.44 228062 MISC POLICE VENDORS 49.88 227893 GOETTLE, SHANE C 3500.00 227850 MN CHILD SUPPORT PAYMENT CENTER 44.30 227868 GOODMAN, DAVID 129.41 227851 MN CHILD SUPPORT PAYMENT CENTER 44.30 227930 GOOSENECK IMPLEMENT 35.46 227852 MONTAGE ENTERPIRSES INC 223.51 228128 GRANITE SPRINGS CO. 102.00 228063 MOORE, MELANIE 174.00 227931 GRANT THORNTON LLP 2000.00 228064 MORELLI'S DISTRIBUTING INC. 138.32 228129 GRAVEL PRODUCTS, INC. 14173.11 228066 MOTOROLA 33546.00 228130 H.A. THOMPSON & SONS, INC. 1752.89 228067 MOWBRAY & SONS 16368.68 228131 HACH 322.49 228068 MUNICODE 603.07 228132 HARLOW'S BUS SALES INC. 54.54 228069 MUUS LUMBER 32.52 228133 HARMAN, STEPHANIE 51.41 227911 MVTL LABORATORIES 4663.75 228134 HAWKINS, INC 4081.50 228070 NAPA AUTO PARTS 1874.79 228139 HEDAHL'S INC 327.68 228071 NATIONAL PAYMENT CORPORATION 110.04 227869 HEWLETT PACKARD COMPANY 1961.98 228072 NBS CALIBRATIONS 175.00 228140 HIGHT CONSTRUCTION 12211.28 227854 ND ASSOCIATION OF OIL & GAS 100.00 228141 HIGHT CONSTRUCTION 7975.00 227912 ND DEPT OF TRANSPORTATION 21306.61 228142 HOME OF ECONOMY 422.33 228073 ND DEPT OF TRANSPORTATION 11.50 228143 HOMESTEADERS RESTAURANT 28.04 228074 ND FIREFIGHTER'S ASSOCIATION 992.10 228144 HOUSTON ENGINEERING, INC 29244.34 228075 ND LEAGUE OF CITIES 2100.00 228145 HUWE, KEVIN & EVE 2835.00 227913 ND ONE CALL, INC 1272.50 228146 INFORMATION TECHNOLOGY DEPARTMENT 1300.75 227855 ND RURAL WATER SYSTEMS ASSN 200.00 228147 INFORMATION TECHNOLOGY DEPARTMENT 111.00 228076 ND SEWAGE PUMP & LIFT STATION COMP 686.00 228148 INSPECTION MISC WORKERS 265.20 227856 ND STATE RADIO COMM. 2400.00 228149 INSPECTION MISC WORKERS 147.90 227918 ND STATE WATER COMMISSION 408089.90 228150 INTERSTATE BATTERY 12.78 228077 ND STATE WATER COMMISSION 5016.44 228151 INTERSTATE BATTERY SYSTEM 1412.30 228078 ND WATER & POLLUTION CONTROL CONF 900.00 228152 J C PENNEY CO 288.00 228079 NDAAO 195.00 227932 JAMESTOWN COMMUNICATIONS 935.00 228080 NDREAB 200.00 227933 JH MEDICAL SUPPLY 243.83 228081 NELSON & SONS LANDSCAPING 1400.00 228153 K MART 312.14 228082 NELSON, PAULETTE 253.83 227934 KADRMAS, LEE, & JACKSON P.C. 452390.35 228084 NESET, KRIS & CHERI 3437.00 227935 KAUP, JERRY 1066.30 227916 NESS, ROGER 52.02 227870 KELLER PAVING AND LANDSCAPING 123918.75 228085 NESTER, RICHARD & MARY 4762.00 227936 KIPP'S HEATING & AIR 12019.50 228087 NEW VIZIONS INC 800.00 228154 KRILL, JOHN 59.00 227919 NEWMAN, MARLIN 21.00 227871 KUSTOM SIGNAL INC. 26.00 228088 NORTH COUNTRY MERCANTILE 87.98 228155 LACAL EQUIPMENT 414.81 228089 NORTH COUNTRY SPORTSWEAR 419.40 228156 LAW ENFORCEMENT TARGETS 261.51 228090 NORTH PRAIRIE RURAL WATER 111.33 227937 LEADSONLINE 3468.00 228091 NORTHERN BRAKE 99.94 228157 LEONARD, TOM 61.76 227857 NORTHERN IMPROVEMENT COMPANY 4092.08 228158 LEXISNEXIS MATTHEW BENDER 109.89 228092 NORTHERN PLAINS CONTRACTING 71137.00 228159 LIBRARY MISC VENDORS 95.03 227915 NORTHERN SAFETY TECHNOLOGY 79.11 228160 LOWES PRINTING, INC. 525.55 228093 NORTHERN TESTING 875.00 228161 LUDLUM MEASUREMENTS, INC 2829.25 227976 NORTHERN TROPHY & ENGRAVING 29.95 228162 LUTHERAN SOCIAL SERVICES OF ND 13441.06 228094 NORTHWEST TIRE AND RETREAD 9679.71 228165 M & S SHEET METAL, INC. 140.00 228095 NORTHWESTERN EQUIPMENT 68.01 228166 M&T FIRE AND SAFETY INC 12783.80 227920 OCLC 1173.39 228167 M&T FIRE AND SAFETY INC 1768.52 228096 ODNEY ADVERTISING 1400.00 228168 MACS INC 5.26 228097 OFFICE MAX 62.54 227872 MADC 28750.00 227859 OFFICE MAX 409.43 227938 MADC 7947.97 228098 OFFICE MAX 2.39 228169 MAGIC CITY GARAGE DOOR COMPANY 774.25 227921 OK AUTOMOTIVE 375.83 228170 MAIN ELECTRIC CONSTRUCTION 20274.43 228101 OLSON'S TOWING 4359.50 228174 MANN SIGNS, INC 250.00 228102 OVERHEAD DOOR CO. OF MINOT 272.00 228175 MARKETPLACE FOODS 186.58 228103 PAINT & FLOOR STORE 47.95 228176 MARSHALL & SWIFT 284.95 227922 PEI 20.00 228177 MASSEY, ANDREW 94.35 227860 PEPSI-COLA BOTTLING COMPANY 3517.45 228179 MASSEY, ANDREW 96.90 227923 PETRON, MATT 178.00 227940 MATERIAL TESTING 8640.00 228104 PIETSCH AIRCRAFT RESTORATION & REPR 255.00 228180 MATHISON COMPANY 909.39 228105 PLESSAS, DALE 34.15 228181 MDU 1262.04 227862 POLICE 18.00 228182 MDU 7511.52 227924 POST BOARD 990.00 228183 MEDICINE SHOPPE 55.00 228106 POSTMASTER 100.00 227941 MEDTOX LABORATORIES 136.28 228107 PRAIRIE SUPPLY 504.72 228184 MENARDS 1818.82 228110 PRAXAIR DISTRIBUTION, INC. 39.16 228185 MEYER CONTRACTING, INC 221222.00 228111 PROCOLLECT 589.03 228186 MFOA 90.00 228112 PSYCHOLOGICAL RESOURCES 220.00 228188 MIDLAND ATLAS COMPANY 104.00 228113 PUPPY DOG PROPERTIES, LLC 19536.00 227942 MIDSTATES WIRELESS, INC 25922.50 228114 QUALITY BOOKS 86.16 228189 MINOT AUTO 196.00 227864 RADISSON HOTEL BISMARCK 107.10 228190 MINOT AUTO 2212.00 228117 RAMADA 99.00 228191 MINOT AUTOMOTIVE CENTER 178.62 228118 RAMER MANUFACTURING, INC 258.51 228192 MINOT CHAMBER OF COMMERCE 620.00 228119 RDO EQUIPMENT 377.85 228193 MINOT CITY AUDITOR 78.00 227865 RECORDED BOOKS 131.80 228194 MINOT COMMISSION ON AGING 11775.00 227866 REHAB SERVICES 69.00 227943 MINOT CONVENTION&VISITORS BUR. 89026.53 227867 RHI SUPPLY 619.04 228195  December 3, 2012 RICHARDS REFRIGERATION 82.50 228196 U.S. FOODSERVICE 815.10 228240 RIPPLINGER, BONNIE 117.81 227944 U.S. POST OFFICE 347.00 227962 ROYAL FORK BUFFET 249.83 228197 UNIFORM CENTER 2224.63 228241 RUBBELKE, ROSS 71.09 227873 UNITED MAILING SERVICE 5709.12 228242 RYAN CHEVROLET INC. 10.00 227945 UNUM LIFE INSURANCE COMPANY OF AMER 1885.85 227963 RYAN CHEVROLET INC. 414.75 228198 UPS STORE #1423 75.35 228243 RYAN DEVELOPMENT 50945.85 228199 UST FIRE APPARATUS 142759.00 227881 SANDUSKY, CRAIG 175.75 228200 VALUE LINE PUBLISHING 898.00 227964 SANITATION PRODUCTS 456.29 228201 VERENDRYE ELECTRIC 9.00 227966 SCHEELS 58.49 228202 VERIZON 50.31 227967 SCHELDE NORTH AMERICA 424.87 228203 VERIZON 343.24 228244 SCHMITZ, AARON & HEIDE 18313.00 227947 WAGNER PLACE INC., 122843.36 228245 SCHOCKS SAFE AND LOCK SERVICE 354.95 228204 WAIND, DAVID 223.50 227882 SCHULTZ LAW FIRM 325.15 228205 WAIND, DAVID 9.00 227968 SDU 212.30 227874 WARD COUNTY RECORDER 26.00 227969 SDU 212.30 227948 WASHINGTON STATE SUPPORT REGISTRY 122.33 227883 SECURITY PLUS 145.52 228206 WASHINGTON STATE SUPPORT REGISTRY 122.33 227970 SERTOMA CLUB OF MINOT 405.00 228207 WATER ACCOUNT REFUNDS 17.88 227839 SESSIONS, STEPHEN 34.21 227875 WATER ACCOUNT REFUNDS 71.19 227846 SHERWIN WILLIAMS 63.26 228208 WATER ACCOUNT REFUNDS 2.90 227858 SICKLER, KEVIN 99.53 228209 WATER ACCOUNT REFUNDS 2.66 227861 SIGNS TODAY 1180.00 228210 WATER ACCOUNT REFUNDS 44.38 227878 SOLTIS BUSINESS FORMS CO. 309.48 228211 WATER ACCOUNT REFUNDS 6.29 227895 SPEE-DEE DELIVERY SERVICE 22.66 228212 WATER ACCOUNT REFUNDS 10.45 227909 SPORTSMAN'S LOFT 2923.00 228213 WATER ACCOUNT REFUNDS 9.95 227910 SRF CONSULTING GROUP 10777.95 228214 WATER ACCOUNT REFUNDS 21.98 227914 SRT COMMUNICATIONS 461.45 227876 WATER ACCOUNT REFUNDS 121.26 227917 SRT COMMUNICATIONS 238.00 228215 WATER ACCOUNT REFUNDS 40.23 227939 STANDARD INSURANCE COMPANY 5771.76 227950 WATER ACCOUNT REFUNDS 14.05 227946 STANTEC CONSULTING SERVICES INC 21647.00 228216 WATER ACCOUNT REFUNDS 6.48 227954 STAPLES 624.05 227877 WATER ACCOUNT REFUNDS 14.64 227959 STAPLES 1459.14 227952 WATER ACCOUNT REFUNDS 10.00 227965 STAPLES 1644.20 228217 WATER ACCOUNT REFUNDS 11.70 228086 STATE BOARD OF LAW EXAMINERS 730.00 228218 WATER ACCOUNT REFUNDS 6.27 228187 STEEN CONSTRUCTION & ASSOCIATES 24511.04 227953 WATER ACCOUNT REFUNDS 73.23 228246 STEEN CONSTRUCTION & ASSOCIATES 3612.00 228219 WELLS FARGO BANK 31.25 228247 STEIN'S INC. 391.55 228220 WEST PAYMENT CENTER 354.25 228248 STRATA BLOCK & MASONRY 1015931.00 228221 WESTERN STEEL AND PLUMBING 157.08 228249 STREICHER'S 9313.59 228222 WESTLIE FORD 337.72 228250 STROKLUND, TAMI 53.45 227955 WESTLIE TRUCK CENTER 13323.94 228252 STROKLUND, TAMI 32.10 228223 WORKFORCE SAFETY & INSURANCE 335.00 227971 SUBPEONA FEES 15.00 227853 WORLD TRADE PRESS 450.00 227972 SUNDBAKKEN, LARRY & MARLYS 13443.00 227956 XCEL 32409.40 227885 SUNDRE SAND & GRAVEL, INC. 711.50 228224 XCEL 63132.79 227973 SUNGARD PUBLIC SECTOR 510.00 228225 ZEE MEDICAL SERVICE 70.15 228253 SUNGARD PUBLIC SECTOR 25.00 228226 ZIETZ, CRAIG 400.00 227974 SWANSON & WARCUP, LTD 3922.69 228227 701 CUSTOMS, INC 200.00 228254 SWANSTON EQUIPMENT COMPANY 1610.14 228228 TOTAL 4,735,075.19 TEAM ELECTRONICS 369.95 228229 TERNES, KEVIN 17.90 227957 TERNES, KEVIN 486.43 228230 THOMAS NAGEL 440.00 227958 THORSRUD SUPPLY CO., INC. 334.80 228231 THREE-D SPECIALTIES INC. 152.86 228232 TIRES PLUS 152.54 228233 TITAN ACCESS 541.91 228234 TNC INDUSTRIES, INC 411.50 228235 TOM'S BACKHOE SERVICE 202577.35 228236 TRACTOR SUPPLY COMPANY 294.87 227879 TRACTOR SUPPLY COMPANY 171.48 227960 TRANSPORTATION SECURITY CLEARINGHOU 1000.00 227961 TRILLION AVIATION 2625.00 228237 TRINITY HEALTH 573.00 228238 TRINITY HOSPITALS AND MEDICAL GROUP 2148.60 228239 TSCHIDER, IVAN 310.05 227880 Charge these funds: AUDITORIUM/RECREATION $8,010.33 LIBRARY $3.977.58 GARBAGE COLLECTION $1,401.50 LANDFILL $30,171.00 WATER AND SEWER ACCOUNTING $6,772.42 WATER SUPPLY $61,993.67 WATER DISTRIBUTION $37,655.42 SEWER $23,643.58 STORM SEWER MTCE $3,611.50 AIRPORT $11,153.00 CEMETERY $2,721.33 PUBLIC TRANSPORTATION $3,355.67 PENSION $26,776.12 November PARKING AUTHORITY $376.25  December 3, 2012 TOTAL TRANSFERRED $221,619.37 ELECTRONIC PAYMENTS FEDERAL TAX WITHHOLDING (MONTH OF NOVEMBER) $217,661.21 ND STATE DISBURSEMENT UNIT (MONTH OF NOVEMBER) $ 5,659.48 CELLULAR (MONTH OF NOVEMBER) $ 50.35 BLUE CROSS (MONTH OF NOVEMBER) $118,744.60 INSURANCE (MONTH OF NOVEMBER) $ 14,661.47 DEFERRED COMP (MONTH OF NOVEMBER) $ 15,913.44 CITY EMPLOYEE PENSION (MONTH OF NOVEMBER) $341,391.36 VERENDRYE ELECTRIC (MONTH OF NOVEMBER) $ 23,043.22 2012 INTEREST DISTRIBUTION TO: GENERAL FUND $207,315.88 001-0000-361.00-00 LIBRARY 2,180.70 210-0000-361.00-00 MAGIC FUND 45,759.83 262-0000-361.00-00 SELF-FUNDED INSURANCE FUND 5,470.44 502-0000-361.00-00 FROM: UNDISTRIBUTED INTEREST $260,726.85 602-0000-472.04-00 Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. APPROVAL OF PAYROLL – OCTOBER 21, 2012 THROUGH NOVEMBER 17, 2012 – APPROVED Alderman Hatlelid moved that the City Council approve the payroll for the period of October 21, 2012 through November 17, 2012 in the amount of $1,265,379.75. Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – RESOLUTION NO. 3109 – DECLARING PROTESTS INSUFFICIENT – PAVING DISTRICT NO. 476 – APPROVED The City Council held a public hearing on the resolution declaring the necessity of Paving District No. 476 (reconstructing 36th Avenue NE from 2nd Street NE to 13th Street NE to a two-lane urban roadway). No one appeared before the Council and one protest was received. The City Engineer reported one protest had been received which constituted 5% of the assessment area. He stated the National Guard property could not be assessed. Whereupon, Alderman B. Miller moved that the public hearing be closed and that the City Council adopt Resolution No. 3109, declaring protests insufficient on Paving District No. 476. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – BUILDING RELOCATION REQUEST – CHARLES AVERS – 107 20TH STREET NW – APPROVED The City Council held a public hearing on the request from Charles Avers to relocate a 2013 27’ x 40’ manufactured home from Iseman Homes to 107 20th Street NW (Garden Valley Addition, Block 6, Lot 5 and north ½ Lot 6). Several people appeared before the Council and a protest petition signed by 91 citizens was received. Gene Ritchie, 13 20th Street NW, appeared before the Council to express opposition to the request. He presented a protest petition with signatures from the neighborhood. He stated he did not feel manufactured homes belong in residential neighborhoods. He urged the Council to deny the request as the majority of the neighborhood is in protest to the request. Becky Nelson, 100 20th Street NW, and Joe Sedevie, 101 20th Street NW, appeared before the Council to express concern over the effect the manufactured home placement would have on values of surrounding properties. Andrew Holland, 18 20th Street NW, appeared before the Council and questioned whether the home will be a residence or rental property. Tom Ripplinger, representing Iseman Homes, appeared before the Council and indicated the applicant would be occupying  December 3, 2012 the home. Alderman Moen expressed concern that the neighborhood was opposed to the request. Following discussion, Alderman Moen moved that the public hearing be closed. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, Moen, Olson, Seymour, Withus. nays: B. Miller. Whereupon, Alderman Knudsvig moved that the City Council approve the request from Charles Avers to relocate a 2013 27’ x 40’ manufactured home from Iseman Homes to 107 20 th Street NW (Garden Valley Addition, Block 6, Lot 5 and north ½ Lot 6); subject to the following conditions: 1. A ten-thousand dollar performance bond must be posted with the City prior to start of any work at site or relocation of the manufactured home. 2. All work at the new location must be performed in compliance with the applicable state and local codes and ordinances for residential zones. 3. Permits for all work must be obtained from the City of Minot. 4. The property must be properly drained, and landscaped in a manner similar to surrounding properties. 5. Home must be placed on a permanent foundation. 6. Work shall be accomplished generally in accordance with the following schedule: a. Foundation to be complete within one month. b. Relocation of structure to be complete within two months. c. All work associated with the request to be complete within four months. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, Olson, Withus. nays: none. Connole, Frantsvog, B. Miller, Moen, Seymour. PUBLIC HEARING – BUILDING RELOCATION REQUEST – DELMORE LAFONTAINE – 1520 3RD AVENUE SE – APPROVED The City Council held a public hearing on the request from Delmore Lafontaine to relocate a 2013 27’ x 40’ manufactured home from Iseman Homes to 1520 3rd Avenue SE (Lenox Park Addition, Lot 96). No one appeared before the Council and no written protests were received. Whereupon, Alderman Frey moved that the public hearing be closed and that the City Council approve the request from Delmore Lafontaine to relocate a 2013 27’ x 40’ manufactured home from Iseman Homes to 1520 3 rd Avenue SE (Lenox Park Addition, Lot 96); subject to the following conditions: 1. A ten-thousand dollar performance bond must be posted with the City prior to start of any work at site or relocation of the manufactured home. 2. All work at the new location must be performed in compliance with the applicable state and local codes and ordinances for residential zones. 3. Permits for all work must be obtained from the City of Minot. 4. The property must be properly drained, and landscaped in a manner similar to surrounding properties. 5. Home must be placed on a permanent foundation. 6. Work shall be accomplished generally in accordance with the following schedule: a. Foundation to be complete within one month. b. Relocation of structure to be complete within two months. c. All work associated with the request to be complete within four months. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Olson, Withus. nays: Connole, Frantsvog, Moen, Seymour. PUBLIC HEARING – BUILDING RELOCATION REQUEST – DEL LOUGHEAD – 5117 14TH STREET SE – APPROVED The City Council held a public hearing on the request from Del Loughead to relocate a 2013 40’ x 70’ manufactured home from Homes America to 5117 14th Street SE (Joyce’s Subdvision, Lot 18). No one appeared before the Council and no written protests were received. Whereupon, Alderman Hatlelid moved that the public hearing be closed and that the City Council approve the request from Del Loughead to relocate a 2013 40’ x 70’ manufactured home from Homes America to 5117 14 th Street SE (Joyce’s Subdvision, Lot 18); subject to the following conditions:  December 3, 2012 1. A ten-thousand dollar performance bond must be posted with the City prior to start of any work at site or relocation of the manufactured home. 2. All work at the new location must be performed in compliance with the applicable state and local codes and ordinances for residential zones. 3. Permits for all work must be obtained from the City of Minot. 4. The property must be properly drained, and landscaped in a manner similar to surrounding properties. 5. Home must be placed on a permanent foundation. 6. Work shall be accomplished generally in accordance with the following schedule: a. Foundation to be complete within one month. b. Relocation of structure to be complete within two months. c. All work associated with the request to be complete within four months. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Olson, Withus. nays: Connole, Frantsvog, Moen, Seymour. PUBLIC HEARING – BUILDING RELOCATION AND VARIANCE REQUEST – MIRANDA VANWINKLE – 1109 43RD STREET SE – APPROVED The City Council held a public hearing on the request from Miranda VanWinkle to relocate a 2013 28’ x 52’ manufactured home from Iseman Homes to 1109 43rd Street SE (Section 28-155-82, NW 1/4NW1/4 Outlot 13). No written protests were received. David VanWinkle, 1015 52nd Street SE, appeared before the Council and stated the manufactured home would replace an older trailer on the property. Whereupon, Alderman Jantzer moved that the public hearing be closed and that the City Council approve the request from Miranda VanWinkle to relocate a 2013 28’ x 52’ manufactured home from Iseman Homes to 1109 43 rd Street SE (Section 28-155-82, NW 1/4NW1/4 Outlot 13); subject to the following conditions: 1. A ten-thousand dollar performance bond must be posted with the City prior to start of any work at site or relocation of the manufactured home. 2. All work at the new location must be performed in compliance with the applicable state and local codes and ordinances for residential zones. 3. Permits for all work must be obtained from the City of Minot. 4. The property must be properly drained, and landscaped in a manner similar to surrounding properties. 5. Home must be placed on a permanent foundation. 6. Work shall be accomplished generally in accordance with the following schedule: a. Foundation to be complete within one month. b. Relocation of structure to be complete within two months. c. All work associated with the request to be complete within four months; and futher Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – BUILDING RELOCATION REQUEST – DOUG AND DONNA WHITE – 4925 33RD AVENUE SE – APPROVED The City Council held a public hearing on the request from Doug and Donna White to relocate a 2012 32’ x 80’ manufactured home from Lifeway Homes to 4925 33 rd Avenue SE (East Side Estates Addition, Block 4, Lot 1). No one appeared before the Council and no written protests were received. Whereupon, Alderman Hatlelid moved that the public hearing be closed and that the City Council approve the request from Doug and Donna White to relocate a 2012 32’ x 80’ manufactured home from Lifeway Homes to 4925 33 rd Avenue SE (East Side Estates Addition, Block 4, Lot 1); subject to the following conditions: 1. A ten-thousand dollar performance bond must be posted with the City prior to start of any work at site or relocation of the manufactured home. 2. All work at the new location must be performed in compliance with the applicable state and local codes and ordinances for residential zones. 3. Permits for all work must be obtained from the City of Minot. 4. The property must be properly drained, and landscaped in a manner similar to surrounding properties. 5. Home must be placed on a permanent foundation. 6. Work shall be accomplished generally in accordance with the following schedule:  December 3, 2012 a. Foundation to be complete within one month. b. Relocation of structure to be complete within two months. c. All work associated with the request to be complete within four months. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Lehner, B. Miller, Olson, Seymour, Withus. nays: Moen. abstain: Krabseth. PUBLIC HEARING – COMMUNITY FACILITY FUNDS – DAKOTA TERRITORY AIR MUSEUM - $500,000 – APPROVED The City Council held a public hearing on the request from Dakota Territory Air Museum for proceeds from the City sales tax for community facilities in the amount of $500,000 for the building expansion, ramp and taxiway. No one appeared before the Council and no written protests were received. Whereupon, Alderman Frantsvog moved that the City Council close the public hearing and approve the request from Dakota Territory Air Museum for proceeds from the City sales tax for community facilities in the amount of $500,000 for the building expansion, ramp and taxiway. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4639 - AMEND CMCO – CHAPTER 32 – ENTERPRISES UNDER HOME RULE – DAKOTA TERRITORY AIR MUSEUM – FIRST READING – APPROVED Alderman Frantsvog moved that the City Council place Ordinance No. 4639, enacting Article III of Chapter 32, authorizing the City of Minot to engage in enterprise activities for funding the Dakota Territory Air Museum in the amount of $500,000, on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Frantsvog moved that the City Council pass Ordinance No. 4639, on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – COMMUNITY FACILITY FUNDS – MINOT PARK DISTRICT - $1,700,000 – APPROVED The City Council held a public hearing on the request from Minot Park District for proceeds from the City sales tax for community facilities in the amount of $1,700,000 for flood recovery and restoration of the parks, playgrounds, golf courses, pools and trails, with the understanding that in 2013 the Minot Park District could submit requests for the balance of park facilities recovery and restoration costs attributable to the flood of 2011. No one appeared before the Council and no written protests were received. Whereupon, Alderman Lehner moved that the City Council close the public hearing and approve the request from Minot Park District for proceeds from the City sales tax for community facilities in the amount of $1,700,000 for flood recovery and restoration of the parks, playgrounds, golf courses, pools and trails. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4640 – AUTHORIZING AND APPROPRIATING CITY SALES TAX FUNDS – COMMUNITY FACILITIES – MINOT PARK DISTRICT – FIRST READING – APPROVED Alderman Lehner moved that the City Council place Ordinance No. 4640, authorizing and appropriating City sales tax proceeds for community facilities to the Minot Park District in the amount of $1,700,000, on first reading. Motion seconded by Alderman Olson and carried unanimously. Alderman Lehner moved that the City Council pass Ordinance No. 4640, on first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – COMMUNITY FACILITY FUNDS – MINOT RECREATION COMMISSION - $287,440 – APPROVED The City Council held a public hearing on the request from Minot Recreation Commission for proceeds from the City sales tax for community facilities in the amount of $287,440 to build a new outdoor ice skating rink at Perkett Elementary. No one appeared before the Council and no written protests were received.  December 3, 2012 Whereupon, Alderman Lehner moved that the City Council close the public hearing and approve the request from Minot Recreation Commission for proceeds from the City sales tax for community facilities in the amount of $287,440 to build a new outdoor ice skating rink at Perkett Elementary. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4641 – AMEND 2012 BUDGET - CITY SALES TAX FUNDS – COMMUNITY FACILITIES – MINOT RECREATION COMMISSION – FIRST READING – APPROVED Alderman Lehner moved that the City Council place Ordinance No. 4641, amending the 2012 budget to increase the recreation capital purchases budget for funds received and expended from the City sales tax proceeds for community facilities (outdoor ice skating rink at Perkett Elementary School) in the amount of $287,440, on first reading. Motion seconded by Alderman Jantzer and carried unanimously. Alderman Lehner moved that the City Council pass Ordinance No. 4641, on first reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – COMMUNITY FACILITY FUNDS – MINOT STATE UNIVERSITY - $1,000,000 – APPROVED The City Council held a public hearing on the request from Minot State University for proceeds from the City sales tax for community facilities in the amount of $1,000,000 for the completion of Phase III of the Herb Parker Stadium project. No written protests were received. Val Bruels, representing the Minot State University Board of Regents, and Ryan Hertz, President of Minot State Alumni Association, appeared before the Council to request support for the completion of the community stadium. Kristen Boen, 1530 Cook Drive, stated she supports the request for $1 million but urges the Community Development Committed and City Council to prioritize future project requests before granting additional funds to Minot State University. Alderman Knudsvig commented the proposed ordinance is for the initial $1 million request. Alderman Miller urged the Council to support the request as an economic generator for the community. Alderman Lehner stated the next deadline for applications is June 1, 2013 with the allocations presented for the 2014 budget considerations. He agreed the request would be an economic generator and used for many youth activities. Whereupon, Alderman B. Miller moved that the City Council close the public hearing and approve the request from Minot State University for proceeds from the City sales tax for community facilities in the amount of $1,000,000 for the completion of Phase III of the Herb Parker Stadium project. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Frey. ORDINANCE NO. 4642 - AUTHORIZING AND APPROPRIATING CITY SALES TAX FUNDS – COMMUNITY FACILITIES – MINOT STATE UNIVERSITY – FIRST READING – APPROVED Alderman B. Miller moved that the City Council place Ordinance No. 4642, authorizing and appropriating City sales tax proceeds for community facilities to Minot State University in the amount of $1,000,000, on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Frey. Alderman B. Miller moved that the City Council pass Ordinance No. 4642, on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Frey. PUBLIC HEARING – RENAISSANCE ZONE REQUEST – TODD MOCK – 620 2ND AVENUE NE - APPROVED The City Council held a public hearing on the request from Todd Mock, for a 100% five-year property tax exemption, including improvements, but not land and for the five-year personal income tax exemption, to rehabilitate their flood damaged property located at 620 2nd Avenue NE (Torbensons 2nd Addition, Block 1, Lot 3). No one appeared before the Council and no written protests were received. Whereupon, Alderman Lehner moved that the public hearing be closed and that the City Council approve the application by  December 3, 2012 Todd Mock, for a 100% five-year property tax exemption, including improvements, but not land and for the five-year personal income tax exemption, to rehabilitate their flood damaged property located at 620 2 nd Avenue NE (Torbensons 2nd Addition, Block 1, Lot 3) . Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. PUBLIC HEARING – RENAISSANCE ZONE REQUEST – FIRST AVENUE CONCEPTS – 318 1ST AVENUE NE - APPROVED The City Council held a public hearing on the request from First Avenue Concepts, represented by Justine Fisher, for a 100% five-year property tax exemption, including improvements, but not land and for the five-year business income tax exemption, to rehabilitate the property located at 318 1st Avenue NE (Ramstad’s 2nd Addition Block 2, Lots 1-5, less the west 6’ thereof). No one appeared before the Council and no written protests were received. Whereupon, Alderman Hatlelid moved that the public hearing be closed and that the City Council approve the application by First Avenue Concepts, represented by Justine Fisher, for a 100% five-year property tax exemption, including improvements, but not land and for the five-year business income tax exemption, to rehabilitate the property located at 318 1 st Avenue NE (Ramstad’s 2nd Addition Block 2, Lots 1-5, less the west 6’ thereof) . Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. MAYOR’S REPORT Alderman Hatlelid moved that the City Council approve the Mayor’s appointments to the following committees: Renaissance Zone Review Board Chad Vogel – Appointed to replace Terry Zeltinger with a term to expire January 2016. Denise Lindbo – Re-Appointed with a term to expire January 2016. Convention and Visitors Bureau Maria Effertz – Re-Appointed with a term to expire December 31, 2015. Jim Mello – Re-Appointed with a term to expire December 31, 2015. George Maragos – Appointed to replace Vance Castleman with a term to expire December 31, 2015. Minot Commission on Aging Lisa Olson – Appointed to replace Alan Walter with a term to expire December 31, 2015. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. Mayor Zimbelman welcomed Rae Schobinger and the Student Government Association from the Burdick Job Corp Center to the meeting. CITY MANAGER REPORT The City Manager commended the staff of the Finance Department in earning the Certificate of Achievement for Governmental Accounting. He commented it is the department has earned this award for the 33rd year and is the first in North Dakota to achieve this record. The City Manager stated the biennial Legislative Workshop would be held in Bismarck on December 5, 2012. He indicated several important topics of interest to the City of Minot would be covered. He also reminded the Council and those in attendance of a special City Council meeting to be held on December 18, 2012 at 12:00 pm in the City Council Chambers.  December 3, 2012 CITY ATTORNEY REPORT The City Attorney provided an update on the voluntary property acquisitions. He indicated the settlement offer to Carl and Barbara Clemetson in the amount of $117,500 would be split between the City of Minot, in the amount of $112,000, and the law firm of Swanson and Warcup, in the amount of $5,500. MADC - $156,336 – PACE INTEREST BUY DOWN LOAN – UNITED PULSES – APPROVED Alderman Hatlelid moved that the City Council approve the application of United Pulse Trading for a MAGIC Fund Pace Interest Buy Down Loan in the amount of $156,336 to assist in the funding of the construction of a new United Pulse Trading facility in Minot. Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4643 - REZONING GARDEN HOME ADDITION, BLOCK 6, LOT 12 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4643, rezoning Garden Home Addition, Block 6, Lot 12 from R-1G (Single-Family Residence District Grandfathered) to R-2 (Two-Family Residence District) on first reading. This property is located at 2200 4th Avenue NW. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4643 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4644 - ANNEXING HAWK’S VIEW ADDITION, LOT 2 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4644, annexing Hawk’s View Addition, Lot 2 on first reading, subject to the following condition: 1. Hook up fees would apply. This property is located at 1330 37th Avenue SE. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4644 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4645 - ANNEXING HAWK’S VIEW ADDITION, LOT 3 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4645, annexing Hawk’s View Addition, Lot 3 on first reading, subject to the following condition: 1. Hook up fees would apply. This property is located at 1300 37th Avenue SE. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4645 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. SUBDIVISION – LINHA’S 5TH ADDITION, LOT 1 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of Linha’s 2nd Addition, Lots 21-26 and ½ vacated 4th Street NW into 1 lot to be known as Linha’s 5th Addition, Lot 1; subject to the following conditions: 1. Storm water management plan will be required when property is developed. 2. Hook up fees will apply. 3. Sidewalks will be required when roads are built to urban standards.  December 3, 2012 This property is located just west of Broadway and north of 30th Avenue NW. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. SUBDIVISION – LOCHTHOWE 2ND ADDITION, LOTS 1 & 2 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of Section 32-156-83, Outlot 6 into 2 lots to be known as Lochthowe 2nd Addition, Lots 1 & 2. This property is located north of County Rd 10 (46th Avenue NW) and west of 46th Street NW. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4646 - REZONING LOCHTHOWE 2ND ADDITION, LOTS 1 & 2 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4646, rezoning Lochthowe 2nd Addition, Lots 1 & 2 from AG (Agricultural District) to R-1(Single-Family Residence District) on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4646 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. SUBDIVISION – NORTHEAST BUSINESS PARK 2ND ADDITION, LOT 1 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of Northeast Business Park Addition, Lot 1 and the unplatted portion of the NW1/4NW1/4 Section 8-155-82 into 1 lot to be known as Northeast Business Park 2nd Addition, Lot 1; subject to the following conditions: 1. Adjacent roadways need to be improved to handle an increase in traffic if industrial development occurs. 2. Storm water management plan is required. 3. Rural sewer review would be required. It is possible that City sewer will be within reach in the next 2 years and hook up should be required at that time. This property is located on County Road 19 and south of 30th Avenue NE. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4647 - REZONING NORTHEAST BUSINESS PARK 2ND ADDITION, LOT 1 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4647, rezoning Northeast Business Park 2nd Addition, Lot 1 from AG (Agricultural District) & M-1 (Light Industrial District) to M-1 (Light Industrial District) on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4647 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none.  December 3, 2012 RESOLUTION NO. 3128 - AMEND RESOLUTION NO. 3049 – SPECIAL USE PERMIT – BEE KEEPING BUSINESS – NORTHEAST BUSINESS PARK ADDITION, LOT 1 – APPROVED Alderman Krabseth moved that the City Council adopt Resolution No. 3128, amending Resolution No. 3049, granting a special use permit for to Bruce Walker/Joe Romance to operate a bee-keeping business on the property previously platted as Northeast Business Park Addition, Lot 1, now known as Northeast Business Park 2nd Addition, Lot 1. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. SUBDIVISION – SOUTHWEST KNOLLS 9TH ADDITION, LOTS 1 & 2 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of Southwest Knolls 4th Addition, Lots 4 & 5 into 2 lots to be known as Southwest Knolls 9th Addition, Lots 1 & 2; subject to the following condition: 1. Sidewalks are required. This property is located at 1408 & 1412 12th Street SW. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4648 - REZONING STONEBRIDGE FARMS 4TH ADDITION, BLOCK 3, LOTS 1A-3B & LOTS 38A-38B; BLOCK 4, LOTS 1A-2B & 17A-17B; BLOCK 5, LOTS 1A-18B – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4648, rezoning Stonebridge Farms 4th Addition, Block 3, Lots 1A-3B & Lots 38A-38B; Block 4, Lots 1A-2B & 17A-17B; Block 5, Lots 1A-18B from R-3C (Townhouse Residence District) to R-4 (Planned Residence District) to allow for reduced setbacks on corner lots, on first reading. This property is located at Mulberry Loop NE between 34th Avenue NE and 8th Street NE. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4648 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3129 - AMENDING PLAT NAME – HIGHLANDS AT NORTH HILL, BLOCK 1, LOTS 1-4, BLOCK 2, LOTS 1-20, BLOCK 3, LOTS 1-35, BLOCK 4, LOTS 1-27, BLOCK 5, LOTS 1-10, BLOCK 6, LOTS 1-18 – APPROVED Alderman Krabseth moved that the City Council adopt Resolution No. 3129, amending the name on the subdivision known as Highlands at North Hill, Block 1, Lots 1-4, Block 2, Lots 1-20, Block 3, Lots 1-35, Block 4, Lots 1-27, Block 5, Lots 1-10, Block 6, Lots 1-18 to Highlands at North Hill, Block 1, Lots 1-4, Block 2, Lots 1-20, Block 3, Lots 1-5, Block 4, Lots 1-35, Block 5, Lots 1-22, Block 6, Lots 1-10, Block 7, Lots 1-18. This property is located east of the Highway 83 Bypass and north of 21st Ave NW. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4649 - REZONING NORTH MINOT ADDITION, BLOCK 3, LOTS 1 & 2 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4649, rezoning North Minot Addition, Block 3, Lots 1 & 2 from R-2B (Two-Family Residence District) to R-3B (Multiple-Family Residence District), on first reading, subject to the following conditions: 1. The site plan shall be reviewed by staff prior to issuance of building permit. 2. Screening and landscaping at a minimum of 6 feet in height shall be provided along the entire southern property line. A landscape plan shall be reviewed and approved by the City Planner prior to issuance of a building permit. 3. Additional elevation plans of the sides and rear shall be submitted and approved by the City Planner. 4. Stormwater management plan shall be approved by the City Engineer prior to grading. 5. Hook up fees shall apply.  December 3, 2012 6. Property shall be reguided to Medium Density Residential. This property is located at 611 & 615 3rd Street NW. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4649 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3130 – SPECIAL USE PERMIT – FEMA TEMPORARY HOUSING UNIT ON PRIVATE PROPERTY – SECTION 17-155-83, OUTLOT 1– APPROVED Alderman Krabseth moved that the City Council adopt Resolution No. 3130, approving the request by Matthew Enney for a special use permit to allow a FEMA temporary housing unit to remain on his property that also contains his primary residence for the use by his handicapped in-laws, who were flooded, on Section 17-155-83, Outlot 1; subject to the following condition: 1. Staff is developing a policy for this type of request and can support this request until June 24, 2013. Prior to that date, further instruction will be provided to the applicant and the applicant will be required to conform to the new policy. This property is located at 5500 County Road 15 West. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4650 - REZONING OUTLOT 19 LESS LOTS A-C, SECTION 29-155-82 & FEIST SUBDIVISION OF A PORTION OF GOLD NUGGET ADDITION, BLOCK 2 LESS EAST 197.45’ – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4650, rezoning Outlot 19 less Lots A-C, Section 29-155-82 & Feist Subdivision of a portion of Gold Nugget Addition, Block 2 less east 197.45’ from R-1 (Single-Family Residence District) and AG (Agricultural District) to MH (Manufactured Home District), on first reading, subject to the following conditions: 1. Storm water management plan would be required. 2. Sidewalks along public right-of-way. 3. Screening along east property line. 4. Circulation road along east property line. 5. Hook up fees would apply. 6. Revised and detailed common area. 7. No structures within or on the force main easement. 8. File street vacation for 15th Avenue SE. 9. 13th Avenue to property line be constructed with urban road standards, with cost incurred by property owner, with access centered from development. 10. All lots impacted by the flood of record, will be required to construct all structure’s lowest floor a minimum of one foot above flood of record. This property is located south of 13th Avenue SE and east of 35th Street SE. (South of Jefferson Mobile Home Park). Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4650 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4651 - ANNEXING OUTLOT 19 LESS LOTS A-C, SECTION 29-155-82 & FEIST SUBDIVISION OF A PORTION OF GOLD NUGGET ADDITION, BLOCK 2 LESS EAST 197.45’ – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4651, annexing Outlot 19 less Lots A-C, Section 29-155-82 & Feist Subdivision of a portion of Gold Nugget Addition, Block 2 less east 197.45’ on first reading. Motion seconded by Alderman Lehner and carried unanimously.  December 3, 2012 Alderman Krabseth moved that the City Council pass Ordinance No. 4651 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. SUBDIVISION – 55TH CROSSING 2ND ADDITION, BLOCKS 1-10 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of Outlots 35, 36 and a vacated portion of Sunset Ridge Road, Section 28-155-82 into 10 blocks to be known as 55th Crossing 2nd Addition, Blocks 1-10; subject to the following conditions: 1. Master development plans shall be prepared for all blocks prior to future subdivision or applications for rezoning. 2. Traffic studies completed and agreement between City and developer on timing and funding of these projects. 3. A storm water management plan is required. 4. Hook up fees would apply. 5. Sidewalks are required. This property is currently being used as the FEMA Park just west of 55th Street SE and 16th Avenue SE. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4652 - REZONING 55TH CROSSING 2ND ADDITION, BLOCKS 1-7 AND 10 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4652, rezoning 55th Crossing 2nd Addition, Blocks 1-7 and 10 from AG (Agricultural District) to R-1 (Single-Family Residence District), on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4652 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4653 - REZONING 55TH CROSSING 2ND ADDITION, BLOCKS 8 AND 9 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4653, rezoning 55th Crossing 2nd Addition, Blocks 8 and 9 from AG (Agricultural District) to MH (Manufactured Home District), on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4653 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4654 - ANNEXING 55TH CROSSING 2ND ADDITION, BLOCKS 1-10 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4654, annexing 55th Crossing 2nd Addition, Blocks 1-10 on first reading. Motion seconded by Alderman Lehner and carried unanimously. Alderman Krabseth moved that the City Council pass Ordinance No. 4654 on first reading. Motion seconded by Alderman Lehner and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none.  December 3, 2012 SUBDIVISION – RIVER OAKS 4TH ADDITION; BLOCK 1, LOTS 1-18; BLOCK 2, LOTS 1-48; BLOCK 3, LOTS 1A- 19B; AND BLOCK 4, LOTS 1-13 – APPROVED Alderman Krabseth moved that the City Council approve the subdivision of River Oaks Subdivision, Block 2, Lot 20; Outlot 34, Section 28-155-82, a portion of Outlot 42, Section 29-155-82, & Outlot 8, Section 33-155-82 into 117 lots to be known as River Oaks 4th Addition; Block 1, Lots 1-18; Block 2, Lots 1-48; Block 3, Lots 1A-19B; and Block 4, Lots 1-13; subject to the following conditions: 1. A storm water management plan be reviewed and approved by City Engineering prior to issuance of any building permits. 2. A detailed plan shall be submitted for Lot 48 with trail connections identified on the plat for access to the lot. 3. Lot surveys shall be provided to determine house pads can meet all setbacks on all lots including riparian lots prior to the issuance of a building permit. 4. All lots impacted by the flood of record, will be required to construct all structure’s lowest floor a minimum of one foot above flood of record, but should be held by applicant until flood control plans are further designed. 5. A traffic impact study will be required to be submitted and approved by staff prior to the issuance of any building permits. 6. All related sewer and water fees shall apply. 7. East/West road to be re-aligned so that it is more linear and a turn-around (cul-de-sac) be implemented on east end. 8. Roads must be built to urban road standards. This property is located at the south end of Rivers Edge Drive SE and north of 20th Avenue SE. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. ORDINANCE NO. 4655 - REZONING RIVER OAKS 4TH ADDITION, BLOCK 1, REMAINING PORTION OF NEWLY DESCRIBED LOT 1, BLOCK 1, LOTS 2 -18; BLOCK 2, LOTS 1-48, AND BLOCK 4, LOTS 1-13 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4655, rezoning River Oaks 4th Addition, Block 1, remaining portion of newly described Lot 1, Block 1, Lots 2 -18; Block 2, Lots 1-48, and Block 4, Lots 1-13 from AG (Agricultural District) to R-1 (Single-Family Residence District), on first reading. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. Alderman Krabseth moved that the City Council pass Ordinance No. 4655 on first reading. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. ORDINANCE NO. 4656 - REZONING RIVER OAKS 4TH ADDITION; BLOCK 3, LOTS 1A-19B – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4656, rezoning River Oaks 4th Addition; Block 3, Lots 1A- 19B from AG (Agricultural District) to R-2 (Two-Family Residence District), on first reading. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. Alderman Krabseth moved that the City Council pass Ordinance No. 4656 on first reading. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. ORDINANCE NO. 4657 - ANNEXING RIVER OAKS 4TH ADDITION, BLOCK 1, REMAINING PORTION OF NEWLY DESCRIBED LOT 1, BLOCK 1, LOTS 2–18; BLOCK 2, LOTS 1-48; BLOCK 3, LOTS 1A-19B; AND BLOCK 4, LOTS 1-13 – FIRST READING – APPROVED Alderman Krabseth moved that the City Council place Ordinance No. 4657, annexing River Oaks 4th Addition, Block 1, remaining portion of newly described Lot 1, Block 1, Lots 2–18; Block 2, Lots 1-48; Block 3, Lots 1A-19B; and Block 4, Lots 1-  December 3, 2012 13 on first reading. Motion seconded by Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. Alderman Krabseth moved that the City Council pass Ordinance No. 4657 on first reading. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: Connole, Hatlelid. AWARD OF BIDS – BOILER AND MACHINERY AND AIRPORT LIABILITY INSURANCE COVERAGE – APPROVED Alderman Jantzer moved that the City Council award the bid for Boiler and Machinery insurance coverage for 2013 to Farmers Union at an annual premium of $3,100 through Hartford Steam Boiler Inspection and Insurance Company and, further, award the Airport Liability coverage in the amount of $5,000,000 to Farmers Union Insurance at an annual premium of $7,102 through Old Republic/Phoenix. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. AWARD OF BID – NORTH DAKOTA INSURANCE RESERVE FUND – AGENT OF RECORD FOR LIABILITY COVERAGES – APPROVED Alderman Jantzer moved that the City Council award the North Dakota Insurance Reserve Fund Agent of Record for a three-year period beginning January 1, 2013 through December 31, 2015 to First Western Insurance Agency; and further, authorize the Mayor to sign any contracts on the City’s behalf. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3131 - CREATING PAVING DISTRICT NO. 477 - APPROVED Alderman Jantzer moved that the City Council adopt Resolution No. 3131, creating Paving District No. 477. This project will to build an urban road section on 42nd Avenue NW from 8th Street NW east approximately 750 feet (Jack’s 6th Addition, Lots 1-3). Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3132 – PREPARATION OF ENGINEER’S REPORT – PAVING DISTRICT NO. 477 - APPROVED Alderman Jantzer moved that the City Council adopt Resolution No. 3132, directing preparation of an engineer’s report for Paving District No. 477. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3133 – APPROVING ENGINEER’S REPORT – PAVING DISTRICT NO. 477 - APPROVED Alderman Jantzer moved that the City Council adopt Resolution No. 3133, approving the engineer’s report for Paving District No. 477. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3134 – PREPARATION OF PLANS AND SPECIFICATIONS – PAVING DISTRICT NO. 477 - APPROVED Alderman Jantzer moved that the City Council adopt Resolution No. 3134, directing preparation of plans and specifications for Paving District No. 477. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3135 – WAIVING RESOLUTION OF NECESSITY & PUBLIC HEARING – PAVING DISTRICT NO. 477 - APPROVED Alderman Jantzer moved that the City Council adopt Resolution No. 3135, waiving the resolution of necessity and public hearing  December 3, 2012 for Paving District No. 477. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ENGINEERING SERVICES AGREEMENT AND ACCEPT FEES– WOLD ENGINEERING, PC – PAVING DISTRICT NO. 477 – APPROVED Alderman Jantzer moved that the City Council authorize the Mayor to finalize the Engineering Services Agreement with Wold Engineering PC. on the City’s behalf and accept the engineering consultant fees deposit in the amount of $23,128.71 for Paving District No. 477. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. AWARD OF BID – US 2 & 52 EROSION CONTROL PROJECT – APPROVED Alderman Jantzer moved that the City Council concur with the North Dakota Department of Transportation and declare the bid by Meyer Contracting, Inc. for the US 2 & 52 Erosion Control Project in the amount of $948,205.98 to be the lowest and best bid received; and further, authorize the Mayor to sign the contract on the City’s behalf. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. AWARD OF BID – 13TH STREET SE RECONSTRUCTION PROJECT – PHASES 1 & 2 – APPROVED Alderman Jantzer moved that the City Council concur with the North Dakota Department of Transportation and declare the bid by Knife River Corporation – North Central for 13th Street SE Reconstruction Phase 1 and 2 in the amount of $3,657,016 to be the lowest and best bid received; and further, authorize the Mayor to sign the contract on the City’s behalf. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. STORM WATER MANAGEMENT PLAN – ADDITIONAL FUNDING - APPROVED Alderman Jantzer moved that the City Council authorize additional funding in the amount of $169,355 for the additional analysis in the Citywide Storm Water Management Plan. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4632 - AMEND TRAFFIC ORDINANCE – PARKING RESTRICTION – 8TH STREET NW – SECOND READING - APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4632, adding to the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; No Parking Zones, by restricting parking on the west side of 8th Street NW from 13th Avenue NW to 17th Avenue NW, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4632, on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4633 - AMEND TRAFFIC ORDINANCE – STOP SIGN – 44TH STREET SE AND 16TH AVENUNE SE – SECOND READING - APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4633, deleting the intersection of 16th Avenue SE (stop street) and 44th Street SE and adding the intersection of 44th Street SE (stop street) and 16th Avenue SE to the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; stop signs, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4633, on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4634 - AMEND CHAPTER 27 – ALARM PERMITS – SECOND READING - APPROVED  December 3, 2012 Alderman Jantzer moved that the City Council place Ordinance No. 4634, amending Chapter 27 of the City of Minot Code of Ordinances, to establish the definition of a calendar year and annual fees for alarm permits and amend the fee structure to allow 1 false alarm per calendar year with a flat fee of $50 per additional false alarm, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4634, on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4635 - AMEND CHAPTER 32 – COMMUNITY FACILITIES ENTERPRISES OR OTHER ENTERPRISE ACTIVITIES UNDER HOME RULE – SECOND READING – APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4635, amending Chapter 32 of the City of Minot Code of Ordinances to authorize the City of Minot to engage in community facility enterprise activities, on second reading. Motion seconded by Alderman Jantzer. Whereupon, Alderman Jantzer moved that the City Council pass Ordinance No. 4635 on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4636 – AMEND 2012 BUDGET – POLICE DEPARTMENT RADIO ANTENNA ENHANCEMENT SYSTEM – SECOND READING - APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4636, amending the 2012 annual budget in the amount of $59,152 for the purchase of a radio antenna enhancement system, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4636 on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4637 – AMEND 2012 BUDGET – FEMA REIMBURSEMENTS, LANDFILL REVENUES, AND ENGINEERING REVENUES – SECOND READING - APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4637, amending the 2012 annual budget in the amount of $1,163,803 for funds received and expended from FEMA, landfill revenues and engineering revenues, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4637 on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4638 – AMEND 2012 BUDGET – POLICE DEPARTMENT K-9 PATROL DOG PURCHASE AND TRAINING – SECOND READING - APPROVED Alderman Jantzer moved that the City Council place Ordinance No. 4638, amending the 2012 annual budget in the amount of $7,488 for the purchase and training of a Police Department K-9 patrol dog, on second reading. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Jantzer moved that the City Council pass Ordinance No. 4638 on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. AWARD OF BID – ENGINEERING SERVICES – 37TH STREET SE RECONSTRUCTION PROJECT – APPROVED Alderman Jantzer moved that the City Council declare the proposal by Kadrmas, Lee, and Jackson, Inc. for the 37th Street SE Reconstruction Project to be the best received; and further, authorize the Mayor to sign the contract on the City’s behalf. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4658 - AMEND TRAFFIC ORDINANCE – REMOVE PARKING RESTRICTION – 2ND AVENUE SW – 10TH STREET TO MAPLE STREET - FIRST READING - APPROVED Alderman Knudsvig moved that the City Council place Ordinance No. 4658, amending the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; No Parking Zones, by removing the  December 3, 2012 parking restrictions on the south side of 2nd Avenue SW from 10th Street SW and Maple Street, on first reading. Motion seconded by Alderman Connole and carried unanimously. Alderman Knudsvig moved that the City Council pass Ordinance No. 4658, on first reading. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4659 - AMEND TRAFFIC ORDINANCE – STOP SIGN – 8TH STREET NW AND 30TH AVENUE NW – FIRST READING - APPROVED Alderman Knudsvig moved that the City Council place Ordinance No. 4659, deleting the intersection of 8th Street NW and 30th Avenue NW from the list of yield controlled intersections and add the intersection of 8 th Street NW and 30th Avenue NW to the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; stop signs, on first reading. Motion seconded by Alderman Connole and carried unanimously. Alderman Knudsvig moved that the City Council pass Ordinance No. 4659, on first reading. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4660 - AMEND TRAFFIC ORDINANCE – YIELD SIGN – EASTBOUND 19TH AVENUE NW AND SUNSET BOULEVARD – FIRST READING - APPROVED Alderman Knudsvig moved that the City Council place Ordinance No. 4660, adding the intersection of eastbound 19th Avenue NW and Sunset Boulevard to the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; yield signs, on first reading. Motion seconded by Alderman Connole and carried unanimously. Alderman Knudsvig moved that the City Council pass Ordinance No. 4660, on first reading. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. AWARD OF CONTRACT – ARCHITECTURAL AND ENGINEERING SERVICES – FIRE TRAINING GROUNDS – APPROVED Alderman Knudsvig moved that the City Council authorize the Fire Chief to negotiate a scope of service and rate with Kadrmas, Lee, and Jackson/JLP for the architectural and engineering services for the new Fire Training Grounds; and further, authorize the Fire Chief to negotiate the same services with EAPC should a suitable agreement not be reached with Kadrmas, Lee, and Jackson/JLP. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. CALL FOR BIDS – SALE OF SURPLUS EQUIPMENT – HANDICAP ACCESSIBLE VAN – APPROVED Alderman Knudsvig moved that the City Council authorize the Public Works Director to call for bids for the sale of a surplus handicap accessible van. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. WAIVE BID PROCESS – PURCHASE OF USED FORKLIFT – APPROVED Alderman Knudsvig moved that the City Council waive the formal bid process for the purchase of a used forklift and authorize the Public Works Director to obtain written quotes for the equipment and from the quotes, purchase the equipment that best suites the needs of the department. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4557 – REZONING LAKEVIEW 4TH ADDITION, LOTS 1 & 2 – SECOND READING – APPROVED Alderman Knudsvig moved that the City Council place Ordinance No. 4557, rezoning Lakeview 4th Addition, Lots 1 & 2 from R- 1 (Single-Family Residence District) to R-3C (Townhouse Residence District), on second reading. Motion seconded by Alderman Connole and carried unanimously.  December 3, 2012 Alderman Knudsvig moved that the City Council pass Ordinance No. 4557 on second reading. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4631 - AMEND 2012 BUDGET – FEMA REIMBURSEMENT – SECOND READING – APPROVED Alderman Knudsvig moved that the City Council place ordinance no. 4631, ordinance amending the 2012 budget for the funds received or received and expended from FEMA, oil and gas, court bond, and inspection proceeds in the amount of $2,620,050, on second reading. Motion seconded by Alderman Connole and carried unanimously. Alderman Knudsvig moved that the Council pass Ordinance No. 4631 on second reading. Motion seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. 2013 FAA PROJECT VALIDATION SUBMITTALS – APPROVED Alderman Hatlelid moved that the City Council authorize the Mayor to sign the 2013 Project Validation Worksheets for the FAA and any documents associated with its submittal. Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. DOMESTIC WINERY – RENSLAND FAMILY PROPERTIES, LLC – DAKOTA PRAIRIE WINERY – APPROVED Alderman Krabseth moved that the City Council approve the request by Rensland Family Properties, LLC for a Domestic Winery alcoholic beverage sales license, dba Dakota Prairie Winery (710 31 st Avenue SW, Suite 3), effective January 1, 2013. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ADMINISTRATIVE APPROVALS – RATIFICATION Alderman Krabseth moved that the City Council ratify the following administratively approved requests for November 2012: a. Blue Line Club for a local permit to conduct raffle and bingo from December 1, 2012 to February 16, 2013 at the MAYSA Arena (2501 East Burdick). b. MSU Men’s Hockey Club for a local permit to conduct raffle from November 10, 2012 to February 17, 2013 at the MAYSA Arena (2501 East Burdick). c. Rehab Services Inc. for a local permit to conduct raffle on December 22, 2012 at the Harmony Center (112 2nd Avenue SW). st d. Ebeneezer’s for a special event permit on December 15, 2012 at Parker Suites Center (21 1 Avenue SE). Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ADVISORY BASE FLOOD ELEVATION PRESENTATION The Finance Director presented a summary of the advisory base flood elevation and reported the City Council would need to make a decision on the ABFE at a special City Council meeting to be held on December 18, 2012 at 12:00 pm in the City Council Chambers. CHRISTMAS EVE – PAID TIME OFF PLAN – CITY EMPLOYEES – APPROVED Alderman Hatlelid moved that the City Council approve a plan, on file in the Human Resources Office, to grant City employees paid time off, 8 hours, for December 24, 2012 (Christmas Eve). Motion seconded by Alderman B. Miller and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Knudsvig, Krabseth, Lehner, B. Miller, Moen, Olson, Seymour, Withus. nays: none. ADJOURNMENT There being no further business, Alderman B. Miller moved that the City Council meeting be adjourned. Motion seconded by Alderman Withus and carried unanimously. Meeting adjourned at 8:18 p.m. ATTEST: Lisa Jundt, City Clerk APPROVED:________________ Curt Zimbelman, Mayor