City Council

MINOT CITY COUNCIL - Special Meeting - Friday, October 21, 2016 – 12:00 pm City Council Chambers TO: All Aldermen You are hereby notified pursuant to the authority vested in me as Acting City Manager of the City of Minot, North Dakota, under Section 2-27 of the City of Minot Code of Ordinances, that I am calling a special meeting of the Minot City Council to be held in the City Council Chambers, Minot, North Dakota, on Friday, October 21, 2016 at 12:00 pm for the purpose of confirming Paving District 493, placing and passing a proposed ordinance on first reading amending Chapter 5 of the City of Minot Code of Ordinances, and appointing a new City Manager. _________________________________ Cindy Hemphill, Acting City Manager AGENDA MINOT CITY COUNCIL 1. Roll call. 2. Pledge of Allegiance 3. Prepayment of Refunding Improvement Bonds 4. Confirmation of Paving District 493 5. Proposed Ordinance Amendment- Chapter 5, Article II, Section 5-21 – First Reading 6. Proposed Ordinance Amendment- Chapter 5, Article I, Section 5-6 – First Reading 7. Appointment of City Manager, Thomas Barry 8. Award of Bid- Parking Ramps Cladding (3738.4) 9. Adjournment  MINOT CITY COUNCIL - Special Meeting - Friday, October 21, 2016 – 12:00 pm City Council Chambers MEMO TO: City Council FROM: City Clerk's Office RE: Agenda for Friday, October 21, 2016- 12:00 pm 3. Prepayment of Refunding Improvement Bonds The City has issued $1,905,000 Improvement Refunding Bonds, Series 2008C, dated as of December 18, 2008, $440,000 aggregate principal amount of which remains outstanding. Bonds maturing in the years 2017 and 2018 are subject to prepayment on November 22, 2016 (the Redemption Date), upon notice of call for redemption thereof mailed not less than 30 days before the Redemption Date to the bank at which principal and interest are payable and to the holder of each bond. This City has determined there exists sufficient money in the Sinking Fund established by a resolution duly adopted by the City on December 1, 2008, to prepay the Bonds maturing in the years 2017 and 2018 (collectively, the “Redeemed Bonds”) on the Redemption Date. It is recommended the City Council pass and adopt the resolution authorizing call of certain outstanding refunding improvement bonds, Series 2008C; and further authorize the Mayor to sign any necessary documentation. 4. Confirmation of Paving District 493 Please find the attached minutes and accompanying documentation from the Special Assessment Commission public hearing held on September 30, 2016 and August 9, 2016. Per Century Code 40-23-15 and 16, the governing body shall confirm the assessment list. The governing body shall hear and determine the appeals and objections and may increase or diminish any of such assessments as it may deem just, except that the aggregate amount of all the assessments returned by the commission shall not be changed and no assessments as adjusted shall exceed the benefits to the parcel of land on which it is assessed as determined by the assessment commission. It is recommended the City Council approve the assessment of Paving District 493. 5. Proposed Ordinance Amendment- Chapter 5, Article II, Section 5-21 – First Reading It is recommended the City Council pass an ordinance on first reading amending Chapter 5 (Alcoholic Beverages), Article II (Licenses), Section 5-21 (Premises Ineligible for License), of the City of Minot Code of Ordinances to read as follows: Sec. 5-21. – Premises ineligible for license. a) No license required by this article shall be granted for any premises within two hundred (200) feet of a building occupied exclusively as a school, church, synagogue, or other place of worship; the measurement to be taken in a straight line from the center of the nearest entrance to the building used for such school,  MINOT CITY COUNCIL - Special Meeting - Friday, October 21, 2016 – 12:00 pm City Council Chambers church, synagogue, or other place of worship to the center of the nearest entrance of the premises to be licensed This section shall not apply when the retailer is a club or lodge having a membership of two hundred (200) members or more and was in existence on or before November 3, 1936. b) No license required by this article shall be granted for any premises: 1) Upon which is located a gasoline filling station or service station; or 2) Which premises are owned commonly with and which abut premises upon which is located a gasoline filing station or service station. c) No license required by this article shall be granted for any premises which abut other premises, which other premises are used primarily for the sale of personal property, if the majority of the personal property sold at such other premises is not consumed by the purchaser on the premises where sold, unless the licensed premises are entirely separated from such other premises by a solid wall with no openings therein, except for those openings necessary for utility service. 6. Proposed Ordinance Amendment- Chapter 5, Article I, Section 5-6 – First Reading It is recommended the City Council pass an ordinance on first reading amending Chapter 5 (Alcoholic Beverages), Article I (In General), Section 5-6 (Persons Under Twenty-One Not To Enter Upon Licensed Premises; Exceptions), of the City of Minot Code of Ordinances to read as follows: 4. Nothing herein shall be construed to prohibit the consumption (as opposed to the sale) of alcoholic beverages in bowling centers under the following circumstances: a) The licensee owning or controlling the bowling center must approve to such consumption; b) There must be a designated area where beverages are purchased, served, and/or mixed and persons under twenty-one years of age may not enter that designated area of the premises; c) The designated area must be separated from the rest of the establishment by a permanent partition/barrier which is at least three feet in height. d) Alcoholic beverages purchased within the designated area may be consumed in the bowling area and concourse adjacent to the bowling area. 7. Approve Appointment of City Manager, Thomas Barry After two months of searching for a new City Manager, a mayoral appointed search panel has made its selection. Mr. Thomas Barry, current Public Works Director with Meridian, Idaho, has accepted the formal offer from the City to be the next City Manager. Below is an overview of the Contract Compensation. • 3 year term of contract with a 6 month severance if contract is terminated by the City without cause before term is complete. • Base annual salary - $150,000. • City will pay 6.2% of salary to social security. • City to provide 7% contribution of annual salary for retirement plan of Barry’s choice. • City to provide 21 days of vacation pay per year accrued at 1 ¾ days per month. • City to provide 9 paid holidays per year. • City will provide 1 personal day annually commencing on January 1, 2018. • City to provide sick leave accrual of 1 day per month. • City to provide full Family Health Insurance Benefit. All other voluntary benefits (e.g. dental, vision) will be paid by Barry.  MINOT CITY COUNCIL - Special Meeting - Friday, October 21, 2016 – 12:00 pm City Council Chambers • City will provide same life insurance policy benefit as provided to other City employees. • City will provide same long-term disability benefit as provided to other City employees. • City will pay a car allowance of $425.00 per month to be re-evaluated annually commencing January 2018 based on the CPI-All Urban Consumers for transportation. • City will appropriate money in budget to pay for ICMA annual dues; customary expenses to attend annual ICMA conference and ND League of Cities conference. • City to pay dues for membership in community service club. • City to pay relocation costs of up to $10,000. • City will consider adjusting Barry’s annual compensation at budget time which would take effect the next fiscal year. • The Mayor, City Council President, City Council Vice President will review Barry’s performance of duties each fall commencing in 2017. • First day of employment to begin tentatively on December 12, 2016. It is recommended the City Council approve the appointment of Mr. Thomas Barry as City Manager for the City of Minot. 8. Award of Bid- Parking Ramp Cladding (3738.4) On October 18th, bids will be opened for the exterior finish to the Central & Renaissance parking ramps. A recommendation will be placed on the Council’s desk in time for the City Council meeting.