City Council

October 23, 2015 MINOT CITY COUNCIL – SCHEDULED MEETING – October 23, 2015 AT 12:00 P.M. ROLL CALL Members Present: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento Members Absent: Barney, Berg, Frantsvog, Olson, Pankow President Jantzer presiding PLEDGE OF ALLEGIANCE President Jantzer led the City Council in the Pledge of Allegiance. IRWIN V. CITY OF MINOT SETTLEMENT – APPROVED Alderman Lehner moved the City Council (1) authorize Attorney Richard McGee to resolve the damages portion of the Irwin v. City of Minot case on behalf of the City of Minot with the City’s contribution of $100,000 and NDIRF’s contribution of $10,000 and with the issues relating to the entitlement and reasonableness of attorneys’ fees to be determined by the District Court; (2) authorize Attorney Richard McGee to proceed with preparation of the settlement documents regarding the damages portion of the case and with the briefing regarding the attorneys’ fees portion of the case; and (3) authorize the Finance Director to issue payment for the damages to the appropriate party in the amount of $100,000. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento. nays: none ORDINANCE NO. 5014 – ANNEXING UNPLATTED PORTION OF THE E½SE¼NW¼ AND W½SW¼ NE¼, SECTION 3-154-83 – SECOND READING – APPROVED Alderman Lehner moved the City Council place Ordinance no. 5014 on second reading to annex into city limits an unplatted portion of the E½SE¼NW¼ and W½SW¼ NE¼, Section 3-154-83. Motion seconded by Alderman Hatlelid and carried unanimously. Alderman Lehner moved the City Council pass ordinance no. 5014 on second reading. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento. nays: none JOINT POWERS AGREEMENT- CITY OF MINOT AND THE MINOT PARK DISTRICT – APPROVED Alderman Lehner moved the City Council approve the Joint Powers Agreement with the Minot Park District with regard to the appropriation of $1,000,000 of City sales tax proceeds for the purchase and installation of artificial turf for one full sized baseball field at the Jack Hoeven Baseball Complex. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento. nays: none JOINT POWERS AGREEMENT- CITY OF MINOT AND THE MINOT PARK DISTRICT – APPROVED Alderman Lehner moved the City Council approve the Joint Powers Agreement with the Minot Park District with regard to the appropriation of $1,000,000 of City sales tax proceeds to assist with improvements, expansion and construction of a third ice rink at the MAYSA Arena Facility. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento. nays: none JOINT POWERS AGREEMENT- CITY OF MINOT AND THE NORTH DAKOTA BOARD OF HIGHER EDUCATION – APPROVED  October 23, 2015 Alderman Lehner moved the City Council approve the Joint Powers Agreement with the State Board of Higher Education with regard to the appropriation of $1,000,000 of City sales tax proceeds to Minot State University for improvements and enhancement with installation of a multisport air dome at Herb Parker Stadium. Motion seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Schuler, Seymour, Shomento. nays: none SPECIAL ASSESSMENT- PAVING DISTRICT 478 – APPROVED Alderman Lehner moved the City Council reconsider the vote and approve the assessment list for Special Assessment Paving District 478 as recommended by the Special Assessment Commission. Motion seconded by Alderman Connole. Angie Ward, representing Ward Business Park, appeared before the Council. She asked why her property was being assessed even though it does not have access to 36th Ave and receives no benefit from it being paved. The City Engineer explained that the engineering department looks at both the current and proposed plans for development as the City is growing. The department uses lines going north and south as well as going east and west to determine the boundaries of the Paving District. From the point of the improved road they take half the distance to the next arterial road. The parcels included within that distance are part of the Paving District. This process is used in other cities like Bismarck, Grand Forks and Fargo. For parcels without direct access to the improvements, the City of Minot reduces the assessment by 75%. A report regarding district 478 was approved by Council in May of 2013. The proper process was carried out by the City and it even went above and beyond the requirements by sending out letters to the property owners. No protests were received therefore the Paving District continued as planned. Alderman Schuler questioned whether or not Ms. Ward received the 75% reduction in her assessment whereupon the City Engineer responded that she did. Alderman Miller asked if Paving District 478 was larger than other districts therefore incorporating more property. The City Engineer explained that they take the area that was paved and draw a direct line in each direction. If it intersects a property that is where the parcel gets assessed. Angie Ward stated that in her research she found the City uses Urban Roads Funds for some of the City’s projects, she questioned why those were not used for this situation. The City Engineer responded that there are several different sources of funding but the City uses what is available. The Urban Roads Fund account is currently overdrawn until the state replenishes it with more funding. The account will be positive again in 2018. Ron Allan, representing Bourgault Industries, stated that as a business operator, 36th Ave has no value to him at this time. The proposed access has no value and he questioned why the boundary extends to 8th Street. He believes it was an error to include his property and Ward Business Park in this assessment. He requested for Council to vote in favor of correcting the error so that it is not his responsibility to pay for it. President Jantzer referred to the City Engineer to clarify if there is an error in the layout of the paving district. The City Engineer replied there is no error. It was assessed using the standard process and it is done that way for a reason. There are projects planned with specific stopping points. Alderman Schuler asked if the same property would be assessed when 36th Ave continues to Broadway. The City Engineer responded that they are planning to use general funds and they will not use a special assessment. Ron Allan stated the plan for 8th St. is not set in stone and would like a guarantee he will not be assessed later. Alderman Lehner stated Council approves Special Assessment Districts as they are submitted by the engineering department. In this case the City Council would have to order a Special Assessment be created and that has never happened. Alderman Miller asked the City Attorney and Finance Director if Council is able to make an adjustment at this point or if it needs to be approved as is.  October 23, 2015 The City Manager said the process was done correctly. He stated if the Council should deny the motion, there is no other funding planned to cover these costs and it would impact the bonds in place. Angie Ward questioned why general obligation funds will be used on a future project but not on this one. The Finance Director explained when a project is brought to Council the finance department will then secure funding. They look at each project individually based on the circumstances at that time. Angie Ward stated she believes there is no consistency regarding funding and does not see why she is being assessed now when it is not beneficial. Ron Allan stated the only way to fairly fund a paving district is to charge the properties that are affected. He said the Council can vote for alternate funding. The City Manager stated he has reviewed the procedures several times with the City Engineer and the Finance Director. The process is consistent and he is comfortable with how the calculations were done for Paving District 478 and 479. Whereupon a vote was taken on the motion by Alderman Lehner, seconded by Alderman Connole and carried by the following roll call vote: ayes: Connole, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Seymour, Shomento. nays: Schuler. ADJOURNMENT There being no further business, Alderman Miller moved the City Council meeting be adjourned. Motion seconded by Alderman Lehner and carried unanimously. Meeting adjourned at 12:35 p.m. ATTEST: _________________ APPROVED: _____________________ Lisa Jundt, City Clerk Chuck Barney, Mayor