City Council

July 21, 2017 MINOT CITY COUNCIL - SPECIAL MEETING – July 21, 2017 at 12:00 P.M. ROLL CALL: Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None Mayor Barney presiding and led the Council in the Pledge of Allegiance. PRESENTATION OF REPRESENTATIVE LOUSER’S FLOOD INFORMATION MAPPING SYSTEM REQUEST TO THE WARD COUNTY COMMISSION – WITHDRAWN Representative Scott Louser was not available to present to the Council. The Mayor requested staff contact him to reschedule. PHASE 1 CHANGES/PHASE 5 DESIGN GUIDANCE – APPROVED Alderman Wolsky moved the City Council direct Phase 5 designs to include a pedestrian opening to the wet-side of the MREFPP near 3rd St. NE, an easement from BNSF Railroad for a shared-use path under the BNSF tracks, and improvement of the path to ADA and BNSF standards. Motion seconded by Alderman Straight. Alderman Wolsky said, to his understanding, most of this request is already underway. He explained, the path under the tracks is vital to pedestrian traffic. In its current state, it is not aesthetically pleasing and can be dangerous. He does not want to lose the only current path from the northeast to southeast area. The wet side needs an access point opening at 3rd Street. Without the opening, there would be a large dead space without emergency access for Police or Fire. It would also encourage behaviors like graffiti and illegal activities. The Public works Director stated, Alderman Wolsky is correct. This is an option for phase 5, if the Council directs, it will remain in the design. However, he cautioned against additional openings in the flood wall. He said, the more amenities included in the design, the less it is considered flood protection. The Mayor expressed concerns over participating entities providing funding for these types of activities. He said, the City may need additional revenue sources to make it happen. Upon questioning by Alderman Podrygula, the Public Works Director stated, the plans currently include one opening in the flood wall as an entrance feature. This would be the second opening and Anne Street would be a third within a five block stretch, if the Council directs the engineers to include them in the design. Alderman Wolsky said there are qualifications used when evaluating projects, that question if the project will take something away that already exists. Since there is a current pathway, the designs should not remove it. The Public Works Director stated, if they disrupt the current pathway, they would be responsible for putting it back but it can be argued either way, since the pathway is not included as part of the trail system. Page | 1  July 21, 2017 The Mayor said, there will be a new State Water Commission to approve these plans and he does not want to jeopardize a funding source until we know the new Commission’s opinions. Alderman Straight brought up the larger vision of the NDR plan. He said, the path is not connected to the trail system but a greenway effort has been discussed in which improvements to this path would fit into the larger concept. Alderman Jantzer requested clarification on the process. He asked if the Council could direct the engineers to continue the design to include the trail and the wall opening without respect to costs. Since the plan is only 30% complete, he asked if decisions could be made later based on funding needs. The Public Works Director responded by saying, they will continue with the design and conduct public input meetings then submit the plan for review by the State Water Commission. If the Commission decides it is not considered flood protection, the SRJB may be responsible for costs locally. The Council always has the option to remove sections from the plan. Ryan Ackerman, administrator for the Souris River Joint Board said, it would be cheaper to design the plans and then decide to remove them, than it would be to add modifications later. He added, it may be difficult to justify trail upgrades in a flood protection plan and he suggested planning for additional revenue sources to fund those aspects of the project. He estimated the cost to be about $100,000 and said, part of the scope is to incorporate the community vision for a greenspace. The Mayor stated, the Souris River Joint Board is designing something that will outlive all of us. He said to plan for the long term. Access points may be helpful for the community living with the structure 50 years from now. Alderman Sipma commented on the short sidedness of the plans from the past that constructed rock side ditches that have become obstacles today. He said, the design could at least estimate the cost and try to identify potential funding. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky nays: none PHASE 1 WEST-END DESIGN EVALUATION – APPROVED Alderman Wolsky moved the City Council request the SRJB evaluate the cost and viability of continuing the wet- side shared-use path from the Broadway Park entrance westward under the Broadway Bridge to provide pedestrian access to 4th Avenue and points beyond. Motion seconded by Alderman Straight. Alderman Wolsky explained his ideas based upon the long term vision for connectivity to downtown. He said the busy roads are a dangerous obstacle for pedestrians so he suggested continuation of a path to the west and under the Broadway Bridge with the ability to go under 4th Ave. By adding a short path to 4th St NW there would be access from MSU’s campus to downtown. He described the 2012 River Front and Center project which thought out a vision for the community to develop a multi-season trail system. Alderman Podrygula expressed his support for the idea to encourage pedestrian traffic and to deter graffiti and cut down on vagrants under the bridge. Page | 2  July 21, 2017 The Public Works Director stated, the project will not be considered flood related and there will be costs involved. He also said, he has looked into the idea, and the plan would be difficult, if not, impossible to accomplish. He listed the potential obstacles, including: the Broadway Bridge project will add a five foot tall berm of rip rap where the path would have been; there is an outlet of a storm water pump station which poses an obstacle; there is a box culvert and inlet off of what becomes a storage loop. He also said, it would be almost impossible to meet the grade requirement from ADA. From the bottom of the bridge to the current water level is only about eight feet, meaning the top of the path would be constructed at the water level. He then mentioned, Broadway and 4th is an intersection with pedestrian actuated buttons which provides a safe crossing for bikers and pedestrians. The Mayor pointed out, the motion is to request the Souris River Joint Board evaluate the cost and viability. He believes it would be prudent to investigate the concerns Mr. Jonasson mentioned and look for alternative funding sources and find methods around the obstacles listed. Alderman Jantzer agreed, if the project does not directly relate to flood control and the path does not currently exist, it would be difficult to justify funding. He believes connectivity is a great idea but constructing the project would be determined by the Souris River Joint Board’s findings. Upon the suggestion by the Mayor to have City staff or members of the Park District investigate the viability of the path, the Public Works Director stated, the design engineers would be the SRJB, which would have costs associated. His opinion is that it would be very costly and nearly impossible build a path due to the clearance under the bridge. He said, he does not have staff available to do a design analysis. Alderman Wolsky explained, he phrased the motion in this way so that Houston Engineering would do the analysis and bring it to the SRJB, since they are the engineers familiar with the rest of the project and could incorporate the larger vision of the community. Jerry Bents, Design Engineer from Houston Engineering, responded to questions regarding the design. He said his understanding of the motion is, to do the evaluation, they would develop a plan sheet to identify what changes would need to be incorporated into the design and what costs would be associated with those changes. He estimated the design would cost about $5,000-$10,000 and said most of the data exists already, they would need to make adjustments. The new portion of the design would be the connection to the north under 4th Ave. He agreed with Mr. Jonasson by saying, it would be the challenging piece of the design. They currently have the Ramstad loop structure close to the bridge so they can get about halfway to where the idea suggests and could look at those options during their analysis. Mr. Jonasson said, the motion does not address safety concerns as the path would lead to an un-signaled intersection when they could go to a signal one block to the east. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Podrygula, Sipma, Straight, Wolsky nays: Olson PHASE 1- WET-SIDE SHARED USE PATH EASTWARD CONTINUATION – APPROVED Alderman Wolsky moved the City Council request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan for the purposes of continuing the wet-side shared-use path eastward to the termination point of Phase 1 construction. Motion seconded by Alderman Straight. Page | 3  July 21, 2017 Alderman Wolsky said, there is a plan for connecting the two areas and it would be the most efficient to consider it at the same time as the rest of the work. Upon questioning by Alderman Jantzer, Ryan Ackerman explained, the Souris River Joint Board would bear the cost as part of the design. They will be asking for approval to start the bidding process at the next Committee meeting so this part of the design, if directed, will be issued as an addendum so as not to delay the rest of the bid process. He clarified, the City pays 35% of the design. Mr. Ackerman also said, the path would not be considered flood control and the State Water Commission would not participate in funding the project so additional funding would be necessary. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Podrygula, Sipma, Straight, Wolsky nays: Olson PHASE 1: ANNE STREET BRIDGE OPENING – APPROVED Alderman Wolsky moved the City Council request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan (MREFPP) for the purposes of adding an 8’ pedestrian opening in the flood wall that provides direct access to the Anne Street Bridge. To accommodate operation and maintenance concerns, the Broadway Access flanking openings would be reduced from 16’ to 8’ each. Motion seconded by Alderman Straight. Alderman Wolsky said, during the discussion on this issue last December, citizens in northeast Minot voiced their support for an opening in the flood wall at the Anne Street Bridge. He would like to incorporate the wishes of those citizens in the design. He added, it will increase the cost but he does not believe it will make the flood wall less efficient. The other openings in the flood wall will be reduced to make them easier to work with. He said it is a public safety concern that there will only be one direction out of the location on the wet side. The Mayor asked Mr. Jonasson to explain the current condition of the Anne Street Bridge, to which he stated, the main structure is in good shape but the wooden boards are no longer able to fasten to the structure anymore. He said, it will eventually require major maintenance and there are concerns over its safety and viability. He explained, the railroad gave the bridge to the City and permitted an easement to cross the property. If the bridge undergoes major rehabilitation, a new easement would be required which is not easy to obtain. The Mayor clarified for those in attendance, the motion is to provide access to the bridge and they are not discussing the future of the bridge itself. Alderman Podrygula described the exercise that took place at 16th Street to practice installing the closures in the flood wall. He said, even under ideal conditions and supervision, it will not be an easy task and we must have the necessary staff and equipment. He also stated his concerns over the condition of the Anne Street Bridge but said he likes access to downtown. Alderman Straight mentioned the Grand Forks flood and compared its greater vision for a trail system. He said, he would take part in a greenway committee in order to work with the Parks Department to get more involved with the rehabilitation of the Bridge and take it off the Public Works Director’s workload. Alderman Olson stated, she walked the bridge for the first time and made it halfway before the broken boards and deteriorating wood caused her to turn back. She said, she does not believe the bridge will be around in 50 years Page | 4  July 21, 2017 and is not in support of an opening for the short term. She also mentioned the traffic concerns that were discussed during the previous meetings. Alderman Wolsky responded by saying the opening would be offset from a sidewalk but the amount of traffic on that street would not require a signal. The Public Works Director reminded, the street is a major thoroughfare. He also said, including what has been approved during the meeting, this would be the fifth access point within a five block area. There will be a welcome opening at the Broadway Bridge, an opening at 3rd Street Bridge, and the two that were just approved. During an actual emergency, there will not be perfect conditions and there will be limited equipment to haul, install, and prepare an opening. The Mayor stated, he supports access to downtown but does not believe this is the right one. The Anne Street Bridge is dangerous, deteriorating, and has an undetermined future. Alderman Wolsky said, there would still be a benefit from another opening in that area regardless of the bridge. The future of the Anne Street Bridge should be addressed at some point. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Podrygula, Sipma, Straight, Wolsky nays: Barney, Olson RESOLUTION NO. 3566 - RESOLUTION OF SUPPORT FOR THE MAGIC CITY WATERWAY CONCEPT – APPROVED Alderman Wolsky moved the City Council adopt resolution no. 3566 in support of the Magic City Waterway Concept. Motion seconded by Alderman Straight. Alderman Wolsky stated, he crafted the language in the resolution with input from the City Manager and City Attorney. It sets the waterway concept as a goal for the City and a vision to get water flowing through the “dead loops” or meanders. He said there is a feasibility study and if the City shows support, there is a better chance to secure a federal partner. The Mayor asked the Public Works Director to comment on whether there is support from the U.S. Army Corps of Engineers. Mr. Jonasson said, during their discussions, staff has always encouraged the USACE to restore the dead loops. The current design has resulted in silt buildup of eight feet which has gotten worse since the 2011 flood. He stated, if separate funding is available for ecosystem restoration it must meet a cost benefit analysis. Alderman Jantzer questioned some of the language in the resolution and asked if it should include references accusing the Corps of causing problems. He also wondered if it should mention assumptions and unsubstantiated information. The Public Works Director said, any direction staff can get is appreciated but his concern is locking the City into a funding commitment since he has not seen the details of the Magic City Waterway Concept. Alderman Straight and Alderman Podrygula spoke in support of the concept and corresponding vision to revitalize the dead loops. Page | 5  July 21, 2017 Alderman Wolsky stated, he wants to capture the sentiment behind the vision and believes the City must set a goal and take steps to accomplish it. The first step is to declare the river as an asset and identify possible solutions. Whereupon a vote was taken on the motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky nays: none ADJOURNMENT There being no further business, Alderman Jantzer moved the meeting be adjourned. Motion seconded by Alderman Straight and carried unanimously. The meeting was adjourned at 1:35 pm. ATTEST: APPROVED: _________________________________ Kelly Matalka, City Clerk Chuck Barney, Mayor Page | 6