City Council

December 19, 2013 MINOT CITY COUNCIL – SCHEDULED MEETING – 12:00 P.M. ROLL CALL Members Present: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. Members Absent: Connole Knudsvig, Krabseth, B. Miller. Mayor Zimbelman presiding. PLEDGE OF ALLEGIANCE Mayor Zimbelman led the City Council in the Pledge of Allegiance. PUBLIC HEARING – MAGIC CITY ARTSPACE LOFT APARTMENTS COMPLEX - APPROVED The City Council held a public hearing on the use of Community Development Block Grant Funds for the Magic City Artspace Loft Apartment Complex. No one appeared before the Council and no protests were received. Whereupon, Alderman Lehner moved the public hearing be closed. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. MAYOR APPOINTMENTS – APPROVED Alderman Hatlelid moved to approve the Mayor’s appointments to the following committees: City Manager Search Committee Community at Large – Pam Karpenko Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ADOPTION OF THE 401 (a) RETIREMENT SAVINGS PLAN (2014 STATEMENT) – APPROVED Alderman Hatlelid moved the City Council adopt the City of Minot, North Dakota 401 (a) Retirement Savings Plan (2014 Statement); and further authorize the Mayor to sign the Plan Document on the City’s behalf. Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. RESOLUTION NO. 3259 - TO REQUIRE EMPLOYEES TO CONTRIBUTE 7.5% OF THEIR EARNINGS TO BE RECOGNIZED AS EMPLOYER PICK-UP CONTRIBUTIONS TO REPLACE SOCIAL SECURITY CONTRIBUTIONS AS DEFINED IN INTERNAL REVENUE CODE §414 (H)(2) – APPROVED Alderman Hatlelid moved to adopt Resolution No. 3259 which states that employee contributions contributed to the Defined Contribution Plan will be employer pick-up contributions as defined in Internal Revenue Code §414 (H)(2). Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. DEFINED BENEFIT PENSION PLAN (2014 RESTATEMENT) – APPROVED Alderman Hatlelid moved the City Council approve the Defined Benefit Plan Restatement per the Internal Revenue Service 5 year requirement.; and further authorize the Mayor to sign the Plan Document on the City’s behalf.  December 19, 2013 Motion seconded by Alderman Withus and carried by the following roll call vote: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4789 - AMENDING 2013 ANNUAL BUDGET – CAPITAL PURCHASES, REVENUES AND EXPENDITURES TO CRIMINAL INVESTIGATIONS BUDGET – FIRST READING – APPROVED Alderman Hatlelid moved to place Ordinance No. 4789 on first reading, to amending the 2013 Annual Budget to move revenues and expenditures from the Capital Purchases Fund for equipment to the Criminal Investigations Budget as part of the North Dakota Bureau of Criminal Investigation Grant for the Police Department. Motion seconded by Alderman Withus and carried unanimously. Alderman Hatlelid moved to pass Ordinance No. 4789 on first reading. Motion seconded by Alderman Withus, and was carried by the following roll call votes: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4790 - AMENDING 2013 ANNUAL BUDGET – DECREASE FIRE CONTROL BUDGET AND INCREASE FIRE EQUIPMENT PURCHASE FUND – FIRST READING – APPROVED Alderman Hatlelid moved to place Ordinance No. 4790 on first reading, to amending the 2013 Annual Budget to decrease the Fire Control Budget for a FY12 North Dakota Homeland Security Grant and increase the Fire Equipment Purchase Fund. Motion seconded by Alderman Withus and carried unanimously. Alderman Hatlelid moved to pass Ordinance No. 4790 on first reading. Motion seconded by Alderman Withus, and was carried by the following roll call votes: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4791 - AMENDING 2013 ANNUAL BUDGET – INCREASE THE DEPARTMENT BUDGETS FOR FUNDS SPENT USING CASH RESERVES AND CORRESPONDING REVENUES – FIRST READING – APPROVED Alderman Hatlelid moved to place Ordinance No. 4791 on first reading, to amending the 2013 Annual Budget to increase the Department Budgets for funds spent using cash reserves and corresponding revenues. Motion seconded by Alderman Withus and carried unanimously. Alderman Hatlelid moved to pass Ordinance No. 4791 on first reading. Motion seconded by Alderman Withus, and was carried by the following roll call votes: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4788 – AMENDING CHAPTER 5 (ALCOHOLIC BEVERAGES), ARTICLE II (LICENSES), SECTION 5-35(b) OF THE CODE OF ORDINANCES RELATING TO ALCOHOLIC BEVERAGES– SECOND READING – APPROVED Alderman Hatlelid moved to place Ordinance No. 4788 on second reading, to amend Chapter 5 (Alcoholic Beverages), Article II (Licenses), Section 5-35(b) of the Code of Ordinances relating to Alcoholic Beverages. Motion seconded by Alderman Withus and carried unanimously. Alderman Hatlelid moved to pass Ordinance No. 4788 on second reading. Motion seconded by Alderman Withus, and was carried by the following roll call votes: ayes: Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none. ORDINANCE NO. 4770 – REZONING – SECTION 25-155-83, OUTLOT 16– SECOND READING – APPROVED Alderman Hatlelid moved to place Ordinance No. 4770 on second reading, rezoning Section 25-155-83, Outlot 16, from Single Family Residential District (R-1) to Medium Density Residential District (RM). Motion seconded by Alderman Withus and carried unanimously.  December 19, 2013 Alderman Hatlelid moved to pass Ordinance No. 4770 on second reading. Motion seconded by Alderman Withus, and was carried by the following roll call votes: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none SUB-AGREEMENT – SOURIS RIVER JOINT WATER RESOURCE BOARD – CITY OF MINOT- MOUSE RIVER ENCHANCED FLOOD PROTECTION PROJECT – APPROVED Alderman Hatlelid moved the City Council approve the Sub-Agreement between Souris River Joint Water Resource Board and the City of Minot for the Mouse River Enhanced Flood Protection Project; and further authorize the Mayor to sign the necessary documentation with the addition added by Joint Board regarding amendment of the agreement. The Finance Director stated the City is working to put a City representative on the Souris River Joint Board, who will be a voting member. Details of who the representative will be have not been decided. She continued by stating, this agreement will make a City commitment of one-half cent sales tax funding for flood control border to border. The City’s responsibility in this agreement is for operation and maintenance of features within the corporate limits of the City. Mayor Zimbleman indicated he would like to make sure there is a City representative on this Board before approving this agreement. Alderman Hatlelid moved the original motion be amended with approval of the agreement contingent on having City representation, who is a voting member, on the Souris River Joint Board. Motion was seconded by Alderman Jantzer and was carried by the following roll call votes: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none The City Manager stated that it was his understanding that there was no objection to having a City representative on the Board; the Board is working to make this happen. He also stated the pace of completing this project will depend on State and Federal funding availability in addition to how fast the project can proceed within local share funding limitations, which will be a one-half cent sales tax share beginning July 1, 2014. The City Attorney pointed out this agreement provides that Minot’s financial obligation is limited to proceeds obtained from a one-half cent City Sales tax. Whereupon a vote was taken on the original motion by Alderman Hatlelid seconded by Alderman Jantzer and carried by the following call votes: ayes: Connole, Frantsvog, Frey, Hatlelid, Jantzer, Lehner, M. Miller, Moen, Olson, Seymour, Withus. nays: none ADJOURNMENT There being no further business, Alderman Lehner moved the meeting be adjourned. Motion seconded by Alderman Hatlelid and carried unanimously. The meeting was adjourned at 12:09 p.m. ATTEST: APPROVED: _________________________________ Lisa Jundt, City Clerk Curt Zimbelman, Mayor