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City Council

Regular Meeting

Minot, ND · March 5, 2018

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Minutes

March 5, 2018 Regular City Council Meeting MINOT CITY COUNCIL – SCHEDULED MEETING – MARCH 5, 2018 AT 6:30 P.M. ROLL CALL Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None Mayor Barney presiding PLEDGE OF ALLEGIANCE Mayor Barney led the City Council in the Pledge of Allegiance. APPROVAL OF MINUTES- FEBRUARY 5, 2018 REGULAR CITY COUNCIL MEETING – APPROVED Alderman Olson moved the City Council approve the minutes of the February 5, 2018 regular City Council meeting. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF BILLS – FEBRUARY 2018 – APPROVED Alderman Jantzer moved the City Council approve the bills and transfers as listed for February, 2018 in the amount of $3,037,605.61 as follows: ABSOLUTE COMFORT INC 95.00 APH/AUTO VALUE 77.98 268544 268855 ACKERMAN ESTVOLD 22705.00 ARNY'S BOTTLE SHOP & LOUNGE 15.00 268804 268856 ACKERMAN ESTVOLD 3869.25 ARROWHEAD ACE HARDWARE 51.91 268843 268555 ACME TOOLS 974.26 ARROWHEAD ACE HARDWARE 101.65 268546 268857 ACME TOOLS 3127.40 ASTECH 14074.68 268845 268556 ACUITYBRANDS 3720.00 AT&T 4186.71 268547 269103 ADVANCED BUSINESS METHODS 2702.91 ATHENS TECHNICAL SPECIALISTS, INC 630.49 268548 268858 ALENTADO TRAINING CONSULTANTS 7956.25 BAKER & TAYLOR BOOKS 1269.54 268846 268557 ALL AMERICAN TROPHIES 104.95 BAKER & TAYLOR BOOKS 6817.11 268549 268859 ALL AMERICAN TROPHIES 203.50 BALLANTYNE, BRITTANY 148.50 268847 268860 AMAZON/GECRB 1805.69 BARNEY, CHUCK 274.57 268849 268861 AMERICAN LIBRARY ASSOCIATION 274.00 BARRY, TOM 10.00 268850 268558 AMERICAN TRUCK & TRAILER, LLC 2400.00 BARRY, TOM 76.50 268851 268862 AMERICAN WELDING & GAS, INC. 84.22 BATTERIES PLUS BULBS #639 313.85 268550 268863 AMERICAN WELDING & GAS, INC. 239.67 BAUER, KATHERINE 28.34 268852 268559 AMERIPRIDE 64.23 BECKER, KRYSTA 98.58 268551 268864 AMERIPRIDE 64.23 BERGER ENTERPRISES, LLC 50161.13 268853 268869 AMERITAS LIFE INSURANCE CORP 2838.40 BEST BUY BUSINESS ADVANTAGE ACCOUNT 289.99 268552 268560 ANDERSON, JANET 27.58 BIBLIOTHECA, LLC 3750.33 268553 268561 APEX ENGINEERING GROUP 21403.00 BLUE CROSS BLUE SHIELD 146051.12 268854 268562 APH/AUTO VALUE 1885.83 BLUE CROSS BLUE SHIELD 20.00 268554 268805 Page | 1 March 5, 2018 Regular City Council Meeting BOHANNON, MAGGIE LAPC 500.00 268563 G & P COMMERCIAL SALES 288.61 268935 BORDER STATES ELECTRIC SUPPLY 3913.90 268564 GAFFANEYS 56.75 268632 BORDER STATES ELECTRIC SUPPLY 489.21 268870 GAFFANEYS 22.95 268936 BOXWOOD TECHNOLOGY, INC 795.00 268871 GAME STOP 90.00 268633 BROWN & SAENGER 143.70 268565 GENERAL TRADING 435.87 268634 BROWNE, ROBERT 16.00 268566 GENERAL TRADING 529.67 268937 BUECHLER, MIKE & STACY 4110.60 268567 GERDAU AMERISTEEL 15.73 268635 BUNK, MATTHEW 91.80 268872 GERDAU AMERISTEEL 483.66 268938 BUREAU OF RECLAMATION 60000.00 268568 GILLIG LLC 485.72 268939 BURLINGTON ELECTRIC 866.95 268873 GLASS DOCTOR 198.35 268940 BUTLER MACHINERY CO. 8411.00 268569 GOLDADER, GRANT 122.40 268941 BUTLER MACHINERY CO. 4178.52 268875 GOODMAN, DAVID 27.96 268636 CASAREZ, JR, ANDRES 40.80 268876 GOOSENECK IMPLEMENT COMPANY 140.77 268942 CDM SMITH 357776.25 268571 GRANITE SPRINGS CO. 135.00 268637 CDW GOVERNMENT INC 1517.16 268572 GRANITE SPRINGS CO. 15.00 268943 CDW GOVERNMENT INC 94.45 268877 GRAVEL PRODUCTS, INC. 939.64 268638 CENGAGE LEARNING/GALE 182.93 268878 GRAVEL PRODUCTS, INC. 3663.43 268944 CENTRAL MACHINING&PUMP REPAIR 1068.00 268879 GRAYBAR 1951.80 268639 CHRISTOPHER A. CARLSON 264.33 268806 H.A. THOMPSON & SONS, INC. 682.86 268945 CIVICPLUS 7402.01 268880 HACH 612.75 268946 CLAREY'S SAFETY EQUIPMENT INC. 25.12 268573 HAMMER, LORNE 168.30 268640 CLEAN TECH 265.00 268881 HARLEYS SERVICE CENTER INC 34.96 268641 CLUTE OFFICE EQUIP. INC. 13.99 268574 HARLOW'S BUS SALES INC. 313.18 268947 COFELL, BEN 600.00 268575 HAUG, SHANE 27.96 268948 COLONIAL LIFE PREMIUM PROCESSING 2598.52 268576 HAWKINS, INC 1086.60 268642 COMFORT SUITES-BISMARCK 251.10 268882 HAYHURST, MYRON 500.00 268643 COMMUNITY AMBULANCE SERVICE 124.00 268577 HIATT, MATT 202.77 268644 CORE & MAIN 406.00 268883 HIGH PLAINS TECHNOLOGY INC 1225.00 268949 CPS, LTD 1619.00 268578 HOME DEPOT CREDIT SERVICES 322.21 268950 CPS, LTD 20974.00 268885 HOME OF ECONOMY 49.98 268645 CRABTREE, JASON 574.00 268886 HOMETOWN MOVING & STORAGE 8059.78 268951 CREATIVE PRINTING 108.25 268887 HORST, NANCY 49.84 268952 CROSS COUNTRY DELIVERY 218.95 268579 HOUSTON ENGINEERING, INC 20969.00 268646 CUMMINS POWER, LLC 76.86 268580 HP INC 6160.00 268647 CUMMINS POWER, LLC 66.74 268888 ICC 20.00 268648 DACOTAH PAPER CO. 1902.67 268581 ICC 240.00 268649 DACOTAH PAPER CO. 6991.12 268890 IFM EFECTOR INC 517.76 268953 DAKOTA FIRE EXTINGUISHER 1044.78 268582 INFAX, INC 2100.00 268954 DAKOTA FLUID POWER, INC 119.52 268583 INFOGROUP/INFO-USA MARKETING 1995.00 268955 DAKOTA FLUID POWER, INC 69.16 268891 INFORMATION TECHNOLOGY DEPARTMENT 2482.65 268651 DAKOTA SUPPLY GROUP 27.96 268892 INTERNATION ECONOMIC DEVEL COUNCIL 545.00 268652 DAKOTA TRANSIT ASSOCIATION .00 268584 INTERNATIONAL TRAVEL AGENCY 1064.00 268956 DAKOTA TRANSIT ASSOCIATION 250.00 268807 INTERSTATE BATTERY SYSTEM 678.70 268653 DAKOTALAND AUTOGLASS 80.00 268585 INTERSTATE BATTERY SYSTEM 689.69 268957 DC ENTERTAINMENT 834.20 268893 IPMA-HR 397.00 268958 DELTA DENTAL OF MINNESOTA 13730.20 268587 J C PENNEY CO 36.18 268959 DEZEMBER PARRENT C/O DGS 25.00 268588 J.D. POWER 125.00 268654 DIRECTV 110.24 268589 JH MEDICAL SUPPLY 152.54 268655 DLT SOLUTIONS INC. 15338.85 268894 JIMS WELDING,INC. 135.00 268960 DOMESTIC VIOLENCE CRISIS CENTE 3736.01 268895 JOHN DEERE FINANCIAL 58448.57 268656 DOMINO'S PIZZA 165.00 268590 K MART 119.99 268658 DORSEY & WHITNEY 514.80 268896 KADRMAS, LEE & JACKSON (BISMARCK) 6367.54 268962 DR TRANSPORT, INC 10556.73 268897 KELLER PAVING AND LANDSCAPING 15836.92 268809 DRUSE, DAMON 40.80 268591 KELLER PAVING AND LANDSCAPING 183796.74 268964 DUDE SOLUTIONS INC 20.00 268898 KFD TRAINING AND CONSULTATION 339.00 269107 DYKE, DARREN 429.38 268899 KING, MATT 158.66 268965 DYNATEST CONSULTING, INC 11050.00 268900 KK BOLD 2470.65 268966 EBSCO INFORMATION SERVICES 95.42 268901 KLIMPEL EXCAVATING, INC. 315.00 268659 ECOLAB 499.59 268592 KOSTENKO, SETH 60.00 268661 EICKHOF COLUMBARIA INC 378.00 268902 KRANDA, TODD D 280.01 268819 ELDORADO NATIONAL - CALIFORNIA 74.85 268903 KUSTOM SIGNALS, INC. 66.00 268662 EMERGENCY AUTOMOTIVE TECHNOLOGIES 419.28 268904 KUSTOM SIGNALS, INC. 470.62 268967 ENERBASE 41210.12 268618 LANG, LANCE 191.67 268663 ENERBASE 36386.83 268925 LARSON, MACEY 85.02 268664 ETHANOL PRODUCTS 5663.15 268619 LAUDENSCHLAGER, ERIK 54.06 268665 ETHANOL PRODUCTS 3717.92 268926 LAUDENSCHLAGER, ERIK 53.92 268968 FACTORY MOTOR PARTS 558.18 268620 LEMAR, NEAL 20.00 268666 FACTORY MOTOR PARTS 1419.40 268928 LEROYS HOME IMPROVEMENTS 40000.00 268969 FARSTAD OIL CO 96.25 268621 LEWIS & CLARK TRAIL HERITAGE FOUNDA 49.00 268667 FASTENAL COMPANY 51.86 268929 LN GANN LLC 99.80 268668 FBI-LEEDA 400.00 268930 LOAF N JUG 2.49 268669 FEDERAL EXPRESS 119.68 268622 LOCATORS & SUPPLIES 50.13 268670 FEDERAL EXPRESS 28.54 268931 LOCATORS & SUPPLIES 66.69 268970 FELTNER, RICHARD 2222.00 268623 LOVELACE, DAN 40.80 268672 FIDELITY SECURTIY LIFE 2208.29 268624 LOWES PRINTING, INC. 475.10 268971 FIRE SAFETY USA, INC 186.00 268932 LTP 7013.00 268673 FIRST DISTRICT HEALTH UNIT 28750.00 268625 LUDLUM MEASUREMENTS, INC 119.00 268674 FIRST DISTRICT HEALTH UNIT 52.00 268933 LUDLUM MEASUREMENTS, INC 129.00 268972 FIRST INTERNATIONAL BANK & TRUST 1020.00 269105 M & S SHEET METAL, INC. 333.90 268675 FIRST WESTERN INSURANCE 203267.00 268627 M & S SHEET METAL, INC. 90.00 268973 FIRST WESTERN INSURANCE 292996.00 268808 M&T FIRE AND SAFETY INC 615.00 268974 FLEETMIND SOLUTIONS INC 9937.50 268628 M-B COMPANY 210.44 268975 FLERMOEN, KELLI 26.29 268934 MACA 3000.00 268676 FLEXIBLE PIPE TOOL COMPANY 1272.60 268629 MACS INC 41.36 268677 FUSION AUTOMATION INC 11874.00 268630 MACS INC 283.28 268976 G & P COMMERCIAL SALES 157.89 268631 MAD MAGAZINE 44.99 268678 Page | 2 March 5, 2018 Regular City Council Meeting MADC 30416.67 268679 NORTHERN TESTING 972.00 269026 MADC 180.00 268977 NORTHWEST TIRE AND RETREAD 3603.10 268725 MAGIC CITY GARAGE DOOR COMPANY 4160.34 268680 NORTHWEST TIRE AND RETREAD 3739.82 269028 MAGIC CITY GARAGE DOOR COMPANY 1034.50 268978 O'DAY EQUIP. INC. 19.13 268726 MAIN ELECTRIC CONSTRUCTION 2916.04 268681 O'DAY EQUIP. INC. 128.50 269029 MARAGOS, SHEILA 25.50 268682 OCLC 1261.98 269030 MARCO, INC 196.50 268683 OFFICE DEPOT 430.79 269031 MARCO, INC 263.53 268979 OK AUTOMOTIVE 160.13 268727 MARKETPLACE FOODS 41.82 268684 OK AUTOMOTIVE 116.71 269032 MARKETPLACE FOODS 94.72 268980 OLSON, JACOB 11.83 269033 MARKETPLACE FOODS ARROWHEAD 18.47 268981 OLSON'S TOWING 3775.00 268730 MARKETPLACE NORTH 519.72 268982 PBBS EQUIPMENT CORPORATION 158.25 268731 MARSHALL & SWIFT 644.20 268685 PENWORTHY COMPANY LLC 339.34 268732 MATHRE COMMUNICATIONS INC 250.00 268983 PEOPLE FACTS, LLC 16.67 269113 MDU 4451.05 268984 PEPSI-COLA BOTTLING COMPANY 1232.60 268733 MEI TECHNOLOGIES 2185.00 268686 PEPSI-COLA BOTTLING COMPANY 3859.92 269034 MELANDER, TIM 2400.00 268688 PERFORMANT RECOVERY, INC 216.27 268814 MENARDS 1070.47 268690 PHYSIO-CONTROL CORP. 1778.40 269035 MENARDS 1885.52 268987 PIONEER MANUFACTURING COMPANY 307.45 269036 MERRIMAN, ERIC 1415.00 268988 PLASTICARDS, INC 398.00 268734 MEYER, LANCE 811.23 268989 POLICEONE.COM 225.00 269114 MICKELSON, TODD 72.50 268990 POLLARD WATER 176.01 268735 MICROSOFT CORPORATION 1498.54 268691 POLLARD WATER 198.27 269037 MINOT AUTO 1443.80 268696 POLLMAN, DANA 438.10 268736 MINOT AUTO 1783.64 268996 POST CONSTRUCTION COMPANY 31327.52 268737 MINOT AUTOMOTIVE CENTER 52.53 268697 PRAIRIE SUPPLY 696.23 268738 MINOT AUTOMOTIVE CENTER 33.19 268997 PRAIRIE SUPPLY 176.14 269038 MINOT CHAMBER OF COMMERCE 50.00 268998 PRAXAIR DISTRIBUTION, INC. 21.60 269039 MINOT COMMISSION ON AGING 12500.00 268698 PREFERRED CONTROLS CORP 4642.00 268739 MINOT CONVENTION&VISITORS BUR. 24381.27 268810 PRINGLE & HERIGSTAD, P.C. 1659.00 268740 MINOT CONVENTION&VISITORS BUR. 15836.89 269109 PROCOLLECT 2485.12 269040 MINOT DAILY NEWS 113.15 268699 PROTECH INTEGRATIONS LLC 299.88 268741 MINOT DAILY NEWS 1896.38 268999 PROTECTION SYSTEMS, INC 300.00 269041 MINOT ELECTRIC 2584.87 268700 PROVIDENT LIFE & ACC INS CO 702.18 268742 MINOT EMPLOYEE DONATIONS 1274.66 269110 QUALITY INN-BISMARCK 251.10 269042 MINOT LUMBER 400.00 269000 R & R INDUSTRIES, INC 44.95 269043 MINOT PARK DISTRICT 2500.00 268701 RALPH'S PLUMBING 1976.53 269044 MINOT PLUMBING&HEATING CO INC 101.00 268702 RAMKOTA HOTEL & CONFERENCE CENTER 83.70 269045 MINOT RESTAURANT SUPPLY 56.75 269001 RAPID FIRE PROTECTION INC 1530.00 269046 MINOT RURAL FIRE PROTECTION DIST 392.00 269002 RAZOR TRACKING INC 6476.50 269047 MINOT VETERINARY CLINIC 1882.49 269003 RDO EQUIPMENT 560.80 268743 MINOT WELDING COMPANY 307.13 268703 RDO EQUIPMENT 3435.15 269048 MISCELLANEOUS A/R 600.00 268794 REAL SIMPLE 46.44 268744 MISCELLANEOUS A/R 8.50 269106 REALTIME TRANSLATIONS, INC 59.00 269049 MN CHILD SUPPORT PAYMENT CENTER 164.74 268812 RECORDED BOOKS 224.83 268745 MN CHILD SUPPORT PAYMENT CENTER 164.74 269111 RECORDED BOOKS 148.40 269050 MOORE ENGINEERING, INC 3693.44 268704 REPUBLIC PARKING SYSTEM 31298.37 268746 MOORE, MELANIE 22.00 268705 REPUBLIC PARKING SYSTEM 50656.61 269051 MOORE, MELANIE 57.00 269004 REYNOLDS, JOHN 376.96 269052 MORELLI'S DISTRIBUTING INC. 2021.90 268706 RHI SUPPLY 177.10 268747 MORELLI'S DISTRIBUTING INC. 2432.25 269005 RHI SUPPLY 561.91 269054 MOWBRAY & SONS 135.00 269006 RODMAN, DAVID 29.75 268748 MPLA 130.00 269007 RODMAN, DAVID 80.82 269055 MSC INDUSTRIAL SUPPLY CO 207.59 269008 RYAN CHEVROLET INC. 242.56 269056 MUNICODE 950.00 269009 RYAN GMC 59.21 268749 MUUS LUMBER 85.60 268707 SAMMY'S 79.25 268750 MUUS LUMBER 31.98 269010 SANDBERG, MADISYN 10.00 269057 NAGEL, THOMAS 1155.00 269112 SANITATION PRODUCTS 5950.64 268751 NAPA AUTO PARTS 1620.32 268710 SANITATION PRODUCTS 81.59 269058 NAPA AUTO PARTS 982.10 269013 SCHAEFER SYSTEMS INTERNALTIONAL 28952.48 268752 NATIONAL PAYMENT CORPORATION 660.10 269014 SCHEELS 10.00 268753 ND CHIEFS OF POLICE ASSOCIATION 90.00 268711 SCHEELS 80.00 269059 ND DEPT OF HEALTH 16.48 269015 SCHOCKS SAFE AND LOCK SERVICE 1810.50 268754 ND DEPT OF TRANSPORTATION 5.00 268712 SCHOCKS SAFE AND LOCK SERVICE 334.50 269060 ND DEPT OF TRANSPORTATION 44.00 269016 SCHOOL PRODUCTS & EQUIPMENT CO 9711.12 269061 ND FIREFIGHTER'S ASSOCIATION 50.00 268713 SECURITY PLUS 55.00 269062 ND INSURANCE DEPT 35.77 269017 SECURSCREEN 500.00 268755 ND LEAGUE OF CITIES 140.00 269018 SHARE CORPORATION 133.64 268756 ND MUNICIPAL JUDGE'S ASSOCIATION 50.00 268714 SHARPENING SUPPLIES 146.00 268757 ND ONE CALL, INC 33.65 268715 SHERWIN WILLIAMS 201.05 268758 ND ONE CALL, INC 69.60 269019 SIGNS TODAY, INC 256.40 269063 ND WATER & POLLUTION CONTROL CONF 100.00 268716 SIMTECH INC 360.00 268759 ND WATER EDUCATION FOUNDATION 280.00 268717 SKILL PATH, INC. 63.80 269064 NDAPHMC 95.00 268718 SNAP ON TOOLS 549.01 269065 NDWPCC 20.00 268719 SOARING EAGLE OUTERWEAR LLC 110.00 268760 NESS IRREVOCABLE FARM TRUST 20.00 269020 SOURIS BASIN PLANNING COUNCIL 1208.33 268761 NET TRANSCRIPTS 1244.47 269021 SOURIS RIVER JOINT WATER RESOURCE 236417.65 268762 NEW HORIZONS CLC OF SOUTH DAKOTA 8000.00 269022 SOUTH DAKOTA CHILD SUPPORT 164.77 268815 NEWMAN TRAFFIC SIGNS 131.48 269023 SOUTH DAKOTA CHILD SUPPORT 164.77 269115 NICOLAISEN, CLEO 83.79 268720 STANTEC CONSULTING SERVICES INC 76.50 268763 NORTH CENTRAL RENTAL & LEASING 27682.00 268721 STAPLES 736.62 268764 NORTH DAKOTA GUARANTY & TITLE 256.64 269024 STAPLES 130.58 268816 NORTH DAKOTA LIBRARY ASSOCIATION 412.50 269025 STAPLES 1965.19 269067 NORTH PRAIRIE RURAL WATER 116.40 268722 STATE HISTORICAL SOCIETY OF ND 35.00 268765 NORTHERN BRAKE 29.55 268723 STATE WATER COMMISSION 13403.51 268766 NORTHERN PLAINS EQUIPMENT CO., INC. 17.86 268724 STEEN CONSTRUCTION & ASSOCIATES 1420.00 269068 Page | 3 March 5, 2018 Regular City Council Meeting STEIN'S INC. 49.33 268767 VANTAGEPOINT TRANSFER -- 10### 908.72 269118 STEIN'S INC. 731.56 269069 VERIZON 137.13 268791 STEVICK BUSINESS SPECIALTIES & WEAR 700.00 268768 VERIZON 2257.62 268825 SUDBRINK, ANDREW 4230.14 269070 VERIZON 61.62 269087 SUMMERS, DANA 15.00 268770 VERMONT SYSTEMS, INC 18636.57 268826 SUN LIFE FINANCIAL 46.50 268771 VOICE MEDIA LLC. 120.00 269119 SUNRISE DELIVERY 424.00 268772 VOICE PRODUCTS SERVICE, LLC 2771.00 268792 SWANSON & WARCUP, LTD 1510.00 269071 WAGNER CONSTRUCTION 19025.68 268793 SWANSTON EQUIPMENT 142.81 269072 WARD COUNTY AUDITOR 11740.00 269088 TALBOTT, MIKALI 197.98 269073 WARD COUNTY TREASURER 123136.31 268842 TANDBERG, LOIS 10966.67 268773 WASTE EXPO 2017/PENTON 1950.00 268795 TARGET 20.00 269074 WATER ACCOUNT REFUNDS 42.60 268586 TEAM ELECTRONICS INC 28.00 268817 WATER ACCOUNT REFUNDS 41.81 268657 TEAM ELECTRONICS INC 900.00 269075 WATER ACCOUNT REFUNDS 150.64 268660 TENN CHILD SUPPORT 92.30 268818 WATER ACCOUNT REFUNDS 9.31 268671 TENN CHILD SUPPORT 92.30 269116 WATER ACCOUNT REFUNDS 107.07 268687 TERNES, KEVIN 96.90 268774 WATER ACCOUNT REFUNDS 28.52 268769 THE PIONEER WOMAN MAGAZINE 28.00 269076 WATER ACCOUNT REFUNDS 1.89 268776 THORSON, ANTHONY 20.00 269077 WATER ACCOUNT REFUNDS 21.19 268790 TITAN MACHINERY 23.80 268775 WATER ACCOUNT REFUNDS 42.57 268803 TITAN MACHINERY 2332.31 269078 WATER ACCOUNT REFUNDS 27.23 268811 TODD FERM CONSTRUCTION LLC 337.50 269079 WATER ACCOUNT REFUNDS 12.31 268813 TOO DARK MOTORSPORTS 74.00 268777 WATER ACCOUNT REFUNDS 10.81 268884 TRACTOR SUPPLY CREDIT PLAN 31.99 268778 WATER ACCOUNT REFUNDS 44.55 268961 TRACTOR SUPPLY CREDIT PLAN 89.95 269080 WATER ACCOUNT REFUNDS 50.38 268963 TRAFFIC CONTROL CORPORATION 265.00 268779 WATER ACCOUNT REFUNDS 10.00 269104 TRANSUNION 154.90 268780 WATER ACCOUNT REFUNDS 70.63 269108 TRILLION AVIATION 2000.00 268781 WATER ACCOUNT REFUNDS 36.62 269120 TRINITY HEALTH 10.00 269081 WAY PROPERTIES, LLC 480.00 269089 TRINITY MEDICAL CENTER 573.00 269082 WENDY'S 35.00 268796 TRINITY MEDICAL GROUP 2059.50 268820 WESTERN STEEL AND PLUMBING 188.10 269090 TUFF TRUCKS 659.98 268782 WESTLIE FORD 218.87 268797 TWISTED CRK RANCH SUPPLY 44.99 268783 WESTLIE FORD 79.09 269091 TYLER TECHNOLOGIES, INC 185508.67 268784 WESTLIE TRUCK CENTER 4205.07 268799 TYLER TECHNOLOGIES, INC 1850.00 269083 WESTLIE TRUCK CENTER 18966.37 269093 U.S. FOODSERVICE 3689.53 269084 WHEELER, MARY 27.00 268800 ULTEIG 60903.33 268785 WHITESELL, STEVE 322.67 268801 UNIFORM CENTER 867.85 269085 WHITESELL, STEVE 20.97 269094 UNITED #7 BOYS BASKETBALL 400.00 268786 WINNELSON 526.81 268802 UNITED MAILING SERVICE 356.97 268787 WOODS, PATRINA 25.00 269095 UNITED MAILING SERVICE 312.89 269086 WSI CLAIM 10.00 269096 UNITED RENTALS 17.15 268788 XEROX 252.42 269097 UNUM LIFE INSURANCE COMPANY OF AMER 3456.10 268821 XEROX CORPORATION 1165.27 269098 UNUM LIFE INSURANCE COMPANY OF AMER 7458.36 268822 ZAKIAN, JOHN 922.00 269099 UPS STORE #1423 171.92 268789 ZELLNER, ANTHONY & SHANNON 5600.00 269100 VANTAGEPOINT TRANSFER - 30##### 121.16 268823 102.9 KWGO-FM 469.00 269101 VANTAGEPOINT TRANSFER - 30##### 121.16 269117 VANTAGEPOINT TRANSFER -- 10### 908.72 268824 TOTAL: $3,037,605.61 CHARGE THESE FUNDS: Airport $ 26,131.42 Cemetery 3,539.58 Parking Authority 376.25 Garbage Collection 21,274.42 Landfill 30,171.00 Water/Sewer Storm Sewer Maintenance 11,885.75 Water Supply 61,993.67 Water Distribution 37,655.42 Sewer 23,643.58 Utility Billing 6,772.42 Replacement 9,013.75 Public Transportation 5,120.92 Library 6,693.83 Auditorium/Recreation 13,948.34 Page | 4 March 5, 2018 Regular City Council Meeting Total Transferred $ 258,220.35 ELECTRONIC PAYMENTS AFLAC 26,540.41 BCBS 162,416.75 Federal Tax Withholding 286,493.65 State Income Tax 0 Sales and Use Tax 0 ND State Disbursement 7,236.45 Deferred Comp 19,976.60 Verendrye Electric 46,684.35 Xcel 143,920.38 MDU 34,667.45 SRT 11,433.37 Verizon 309.86 Credit Card Payments 19,025.07 Mass Mutual 137,348.65 Credit Card Fees 149.90 Total 896,227.89 Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF PAYROLL – JANUARY 21, 2018 THROUGH FEBRUARY 17, 2018 – APPROVED Alderman Jantzer moved the City Council approve the payroll for the period of January 21, 2018 through February 17, 2018 in the amount of $1,921,837.21. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PERSONAL APPEARANCES Jon Newman, of 3515 Buckskin Drive NE, read a letter from the homeowners affected by the poor construction of their homes. It stated, “I represent the community that was impacted by the poor construction of a builder, and the lack of oversight from the City as they allowed him to build in any manner that was pleasing to him without recourse. We feel had the city held this builder to the state building codes that were adopted by the city, with the responsibility to enforce, these many homes would not have been built in a negligent manner. The city allowed him to continually build by not holding him to the building codes that we as consumers rely so heavily on when purchasing a home. As a community we rely on the building department to ensure that structures meet the applicable building codes, then properly issue a certificate of occupancy. This is the same process that has been implemented all over the country. This certificate certifies and verifies that these homes were in fact, inspected and met the building code. In our situation, these building codes were overlooked and ignored during the construction of these homes. We feel that the city has a responsibility to repair the damage that they allowed to be created. The building department did not ensure the proper inspections were completed, and completed to code, nor did they ensure the building permit and plans complimented each other before the certificate of occupancy was issued, which we all rely so heavily upon as home buyers. Page | 5 March 5, 2018 Regular City Council Meeting We feel the city has a responsibility to help us now in our time of need, as well as ensure that this does not happen to anyone again. From the meetings that we have had with the city so far, we do not feel that the city cares about our situation. If they did care, action would have been taken by now to fix the problems that the city helped to create, by failing to hold the builder accountable. The city created this problem, and by so doing have placed an unfair burden on us as homeowners to repair the problems with our homes, that should have been caught during inspections, and during the construction of our homes. The city did not take action against the home builder by passing inspections when code was violated, then they issued a certificate of occupancy without properly matching information on the plans and permit If the city had, he would not have impacted the enormous number of homes that he did and we would not be standing before you asking for assistance. It is time for Minot City to take responsibility for this. Any other citizen of North Dakota would have to follow the laws, the city and its employees should not be exempt from following the law, enforcing the code, and protecting the homeowners in Minot. We ask that Minot City do the moral and right thing, regardless of the consequence. Lack of integrity and morality is something the city has been struggling with, please show the citizens and constituents of Minot that Minot truly is a good place to live, where we can hopefully, once again trust our elected officials to represent the people. The republic of the United States of America was created for the people and by the people. No government entity should be immune from liability. We just ask that the city be held to the same laws and standards of responsibility as any of us individuals would be subject to. As the Pledge of Allegiance, that we just recited moments ago states, “for Liberty and Justice for All”. At this time, we come to the city with solutions. 1. Under the Minot Review Permit & Inspections Guide Chapter 11 Code Compliance Program, the Building official is responsible for the investigation and enforcement of complaints of building code violations. We as homeowners’ request that a thorough inspection of each home in question be conducted certifying in writing that these homes either meet or do not meet the building code requirements and a solution to repair these issues if any. If there is a claim process, we request all details pertaining to filing a claim to start this process. 2. When it is determined that building codes are not met in any circumstance, the city will take responsibility to repair and correct the code violation at no cost to the homeowner within a time frame agreed upon between the city and homeowner. 3. We also request that the board of appeals be convened to discuss, if in fact, a certificate of occupancy should or should not have been issued after reviewing these findings. 4. The City needs to ensure that this builder is not able to move forward with rezoning his property, building, or selling property until the city has reclaimed all costs associated with the home repairs that are found during inspections from item 1. 5. The City needs to ensure that all contractors go through a certification program that the city will create. This will ensure the builders that work here are competent to follow and build to the current state building code adopted by the city at the time. 6. Look into and obtain possible grants to relieve these unfair burdens. 7. We request at the next city council meeting the city council present the course of action they will take in regard to these requests.” MAYOR’S REPORT The Mayor listed his recent meetings: February 6th welcomed the AFGSC CC Conference, February 7th had dinner and met with representatives from BNSF, February 8th represented the City at the MADC annual meeting, also on February 8th spoke at the State of the City event, February 12-13 attended the Governor’s Main Street Initiative meetings in Bismarck, February 14th was on the “Good Talk” pod show, February 20th represented the City at the 5th Bomb Wing annual awards banquet, February 28th along with Task Force 21 met with senior executives from Northrup Grumman, March 2nd celebrated Dr. Seuss’ birthday by reading to children at Main Street Books, and on March 2nd represented the City at the MAFB Prairie Warrior auction. He also had numerous meetings regarding the Mayor’s Committee On Addiction. CITY MANAGER’S REPORT The City Manager announced upcoming important dates including, the HUB City testimony in Bismarck on March 8, hosting international visitors in Minot on March 12, working with the IEDC March 12-13, the Main Street Dashboard Data conference in Bismarck March 21, and a MAGIC Fund meeting March 23. The Planning Commission will meet March 26 and Committee of the Whole will meet March 27 and 28. City Offices will be closed March 30 in observance of Good Friday. There is a groundbreaking ceremony for Phase 1 of Flood Protection, scheduled for March 28, 2018 at 1:30 pm at 16th Street and Forrest Road. Page | 6 March 5, 2018 Regular City Council Meeting He continued with updates on NDR projects. The Gathering Place is in the process of determining fair market value for the properties involved. All owners have expressed interest in selling except for CP Rail but that should not be an issue. The Multi-Family Housing RFP will be considered later in the agenda but will focus on rehabilitating downtown and working with nonprofits rather than sub-recipient agreements. The City requested a waiver for City Hall but is still awaiting a response from HUD. The Single Family Housing project is focusing on the gap financing program. There will be a three days of meetings with the members of the International Economic Development Corporation (IEDC) March 12-14. They will meet with multiple stakeholders and organizations involved in economic development in order to develop a comprehensive report on the city’s strengths, weaknesses, challenges, opportunities, and strategies. The City Council workshop will take place April 4th from 12:00 pm until 5:00 pm. This is an opportunity for staff and our elected leaders to discuss vision, engagement, management, and priorities as a group. This will be a public meeting and will be held at the Minot Municipal Auditorium. The workshop will focus on the areas of personnel management, recruitment and retention challenges, employee pay plan, health care and pension as well as budget priorities for 2019. The HUB City discussion will continue on March 8th in Bismarck. City staff are telling the story of how Minot has been impacted by oil and gas and are reengaging the conversation for HUB City funding. He used a graph to demonstrate how the population change in Minot has not been proportional to the amount of HUB City funding received and said that the City of Minot is working to earn our fair share. The City Manager described some of the updates that have been done to the Council Chambers. A ramp has been added for ADA accessibility. New cameras and audio system improved the quality of broadcasting meetings. There is a system available for hearing assistance and a new podium will be installed prior to the April meeting. The updates totaled about $70,000 which was paid for through funding from the Community Facilities fund. Mr. Barry then announced promotions and awards in the Police Department. Senior Officer Greg Johnson was promoted to Sergeant. Senior Officer Ross Lakoduk received the Officer of the Year Award and Lead Dispatcher Sean Christie received the Employee of the Year Award. He concluded his report with an update on the Community Development Director position. He said, we are using internal resources first and have posted the job on several different sites including APA, APWA, ICMA, Governmentjobs.com, Job Service, South Dakota League of Cities, Montana League of Cities, Facebook and the City website. A few applications have already been submitted but if a successful candidate is not found, staff may request approval to use a head hunter to fill the position. Alderman Straight offered the assistance of the City Council in any legislative efforts that would help with HUB City funding. The Mayor commented that Senator Wardner from Dickinson has been very supportive of Minot and when putting these meetings together was cognizant not to cut Minot out of participating. CITY ATTORNEY’S REPORT The City Attorney submitted a written report. MAGIC FUND – ANNUAL COMPLIANCE REPORT FOR 2017 Mr. Zimmerman came before the City Council to respond to any questions on the MAGIC Fund Annual Compliance Report. There being none the Council moved on. ORDINANCE NO. 5274 - ANNEX INTO CITY LIMITS AN UNPLATTED PORTION OF THE SW¼SW¼ SECTION 15-155-83 – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5274 on first reading to annex into city limits an unplatted portion of the SW¼SW¼ Section 15-155-83. Motion seconded by Alderman Sipma and carried unanimously. Page | 7 March 5, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council pass ordinance no. 5274 on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVISION OF BEL AIR COMMONS, LOTS 1 & 2 – APPROVED Alderman Jantzer moved the City Council approve an application by Merit Development, Phil Handley, to subdivide Bel Air Twinhomes 2nd Addition, Lot 1 and a portion of vacated 5th Ave NW and the remaining unplatted portion of the SW¼SW¼, Section 15-155-83 into 2 lots to be known as Bel Air Commons, Lots 1 & 2. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5275 - CHANGE THE ZONE FROM C1 DISTRICT AND AG DISTRICT TO C1 DISTRICT ON BEL AIR COMMONS, LOT 2 – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5275 on first reading to change the zone from C1 (Neighborhood Commercial) District and AG (Agricultural) District to C1 (Neighborhood Commercial) District on Bel Air Commons, Lot 2. Motion seconded by Alderman Sipma and carried unanimously Alderman Jantzer moved the City Council pass ordinance no. 5275 on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5276 – CHANGE THE ZONE FROM C1 DISTRICT AND AG DISTRICT TO P (PUBLIC) DISTRICT ON PROPOSED BEL AIR COMMONS, LOT 1 – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5276 on first reading to change the zone from C1 (Neighborhood Commercial) District and AG (Agricultural) District to P (Public) District on Bel Air Commons, Lot 1. Motion seconded by Alderman Sipma and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5276 on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3584 - AMEND THE FUTURE LAND USE MAP FROM THE DESIGNATION OF LOW DENSITY RESIDENTIAL TO CONCEPTUAL GREENWAY ON BEL AIR COMMONS, LOT 1 AND TO COMMERCIAL ON BEL AIR COMMONS, LOT 2 – APPROVED Alderman Jantzer moved the City Council adopt resolution no. 3584 to amend the Future Land Use Map from the designation of Low Density Residential to Conceptual Greenway on proposed Bel Air Commons, Lot 1 and to Commercial on Bel Air Commons, Lot 2. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3585 - CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT DISPLAYING BOATS, ATVS, AND UTVS ON LOTS 11-16, SUBDIVISION OF OUTLOT 22, SECTION 27-155-83 – APPROVED Alderman Jantzer moved the City Council adopt resolution no. 3585 for a Conditional Use Permit to allow an open sales lot displaying boats, ATVs, and UTVs on Lots 11-16, Subdivision of Outlot 22, Section 27-155-83. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3586 - CONDITIONAL USE PERMIT TO ENLARGE A DAYCARE FROM THE ALLOWED 18 CHILDREN PLUS STAFF TO 22 CHILDREN PLUS STAFF ON BODIEN’S SUBDIVISION OF LOTS 4-7, S½ LOT 8 & S½ LOT 3, BLOCK 3, HOMES ACRES ADDITION, BLOCK 2, LOT 3 – APPROVED Page | 8 March 5, 2018 Regular City Council Meeting Alderman Straight moved the City Council adopt resolution no. 3586 to approve an application by Jennifer and Greg Combs for a Conditional Use Permit to enlarge the daycare in their home from the allowed 18 children plus staff to 22 children plus staff on Bodien’s Subdivision of Lots 4-7, S½ Lot 8 & S½ Lot 3, Block 3, Homes Acres Addition, Block 2, Lot 3. Motion seconded by Alderman Sipma. Alderman Wolsky asked the Fire Chief if she had an opportunity to review the request and if she believes there are any issues. Chief Flermoen responded by saying, the State is the licensing agency and as long as it is approved by the State the Fire Department does not have a determination in the matter. Alderman Straight said, the dispute with the application seemed to be a neighborhood disagreement. The State allows 30 children in a home daycare but he is concerned about the effect that has on the neighborhood when it comes to parking concerns and the safety of the children. Greg Combs, presented a letter from Ward County Social Service Board, recommending approval of the request. Upon questioning by Alderman Straight, Jennifer Combs said, she is licensed for 18 children and is currently overstaffed. She said, there is one child who is in and out of her daycare due to issues with her parents and their drug use. The State licensor requested she increase the number of children allowed under her care to accommodate the additional child. She does not want to take on more children but requested the increase to 22 because the number of staff required wouldn’t change. She said, she has four full time staff members regardless of how many children are there. She has been licensed for over 25 years and wishes to continue to provide quality care. The purpose of the request is to provide some consistency for the child involved. The Mayor commented, since he has been involved with the Mayor’s Committee On Addiction, he has become sensitized to these issues and understands that quite often, it is the children who suffer. He thanked Mr. and Mrs. Combs for their help. Alderman Olson said she understands how important daycare is in our community and whenever we can support our daycare providers, we need to do so. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SOUTHWEST CROSSING PARTNERS – SEND APPLICATION FOR A VARIANCE TO THE PAVING REQUIREMENT BACK TO PLANNING COMMISSION – APPROVED Alderman Jantzer moved the City Council request the Planning Commission reconsider an application by Southwest Crossing Partners, Jerome Kuechle, for a variance to the paving requirement to allow approximately 350 lineal feet of asphalt milling, as an interim parking lot surfacing until permanent paving can be installed, on Southwest Crossing Addition, Block 1, Lot 2. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. AUDITORIUM SEATING FINAL PAYMENT REQUEST (REC030) – APPROVED Alderman Sipma moved the City Council approve Final Payment of $9,711.72 to SP&E, Inc. for Auditorium Seating. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ELECTRICAL ENGINEERING - AUDITORIUM LIGHT REPLACEMENT – APPROVED Alderman Sipma moved the City Council award the Engineering Service contract to Prairie Engineering for the removal of (543) T-12 Lights, at the Auditorium complex, and installation of a new LED lighting system. Page | 9 March 5, 2018 Regular City Council Meeting Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CDBG-DR/NDR DEMOLITION BID AUTHORIZATION – APPROVED Alderman Sipma moved the City Council authorize staff to issue a demolition bid for 2018 buyout acquisitions with structures deemed to require demolition with funding from the CDBG-NDR grant. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 36TH AVENUE NW EXTENSION TO BROADWAY FINAL PAYMENT (4071) – APPROVED Alderman Sipma moved the City Council approve the final payment of $183,796.74 be paid to Keller Paving and Landscaping for 36th Ave NW Extension to Broadway. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. AWARD OF ARCHITECTURAL SERVICES - NEW MULTI-PURPOSE AUDITORIUM FLOOR – APPROVED Alderman Sipma moved the City Council award the Architectural Service contract to EAPC for the removal and replacement of a multi-purpose floor in the Main Arena of the Auditorium. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. HHW AND E-WASTE COLLECTION (4342) – APPROVED Alderman Sipma moved the City Council award the bid to Clean Harbors Environmental for HHW and Kalix for E-Waste for the 2018-2019 collection contracts. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PURCHASE OF HEAVY DUTY LOW FLOOR BUS (4344) – APPROVED Alderman Sipma moved the City Council approve the purchase of a 2018 Eldorado National-California EZ-Rider II Low Floor Heavy Duty Bus and authorize the Public Works Director to sign the purchase order and any other associated forms for this purchase. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVE CDBG-NDR MULTI-FAMILY REHABILITATION RFP – APPROVED Alderman Sipma moved the City Council approve a CDBG-NDR RFP for rehabilitation of multi-family housing units for low and moderate income residents. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF CDBG-DR ALLOCATION #1 TECHNICAL AMENDMENT #14 – APPROVED Page | 10 March 5, 2018 Regular City Council Meeting Alderman Sipma moved the City Council authorize staff to submit a Technical Amendment for CDBG-DR Allocation #1 shifting unused funds of $1,584,407 to the Northern Sewer Project to complete the final phase. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CDBG-DR ALLOCATION #1 SUBSTANTIAL AMENDMENT #15 – APPROVED Alderman Sipma moved the City Council City Council authorize staff to proceed with the HUD process for CDBG-DR Allocation #1 Substantial Amendment #15 to address blighted homes and to create a revolving loan program for downtown and adjacent businesses. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. TABLE THE RECOMMENDATION - NDR SINGLE FAMILY HOME BUILDABLE LOT RFP– APPROVED Alderman Sipma moved the City Council table the recommendation from the Technical Review Committee for the NDR Single Family Home Buildable Lot RFP. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. NEIGHBOR NEXT DOOR LOT SALE PROGRAM – APPROVED Alderman Sipma moved the City Council approve a Neighbor Next Door Lot sale program with properties acquired by the city because of flood damaged homes and not needed for flood mitigation measures to be offered for sale contiguous homeowners. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. AUTHORIZING RESOLUTION TO APPLY FOR NDDOT SECTION 5311 TRANSIT OPERATING GRANT – APPROVED Alderman Podrygula moved the City Council approve the Authorizing Resolution to Apply for NDDOT Section 5311 Transit Operating Grant. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. RENEWAL OF BUS ADVERTISING CONTRACT WITH ZZ FOOD GROUP LLC, DBA JL BEERS – APPROVED Alderman Podrygula moved the City Council approve the renewal of a three (3) year advertising agreement with ZZ Food Group, LLC dba J.L. Beers to advertise on the sides of one transit bus and authorize the Mayor to sign the contract on behalf of the City. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CITY OF MINOT EQUIPMENT RENTAL RATES 2018-2019 – APPROVED Alderman Podrygula moved the City Council approve City of Minot equipment rental rates for 2018-2019. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Page | 11 March 5, 2018 Regular City Council Meeting RETAIL BEER AND WINE LICENSE – WITH ROOM COFFEE, LLC DBA WITH ROOM COFFEE – APPROVED Alderman Podrygula moved the City Council approve the request from With Room Coffee, LLC for a Specialty Restaurant Beer and Wine license operating at 400 E Central, Suite 103 subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBMIT CENSUS TRACT 38101010100 TO GOVERNOR FOR OPPORTUNITY ZONE DESIGNATION – APPROVED Alderman Podrygula moved the City Council authorize staff to submit the downtown census tract (Census Tract 38101010100) to the Governor for Opportunity Zone Designation. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SCBA – BID ACCEPTANCE (FD0067) – APPROVED Alderman Olson moved the City Council award the bid for the Self Contained Breathing Apparatus (SCBA) to Grand Forks Fire Equipment/MSA in the amount of $298,905.74. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. SCBA COMPRESSOR – BID ACCEPTANCE (FD0068) – APPROVED Alderman Jantzer moved the City Council reject the bids for the Self Contained Breathing Apparatus (SCBA) Air Compressor and authorize the Fire Chief to rebid the purchase with revised bid specifications. Motion seconded by Alderman Straight. Upon questioning by Alderman Sipma, the Fire Chief said, the bid specifications will request a four stage compressor rather than a five stage, which will still accomplish what they need but should be within budget. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. STATION 3 REMODEL PROJECT – BID ACCEPTANCE – APPROVED Alderman Sipma moved the City Council award the bid to Hight Construction, LLC in the amount of $1,163,625 for the Fire Station 3 Remodel. Motion seconded by Alderman Jantzer. Alderman Sipma asked if there has been any communication with the FAA regarding funding. The Fire Chief responded by saying, they received a preliminary percentage of support which came back at 63.3%. The Airport Director had planned on 50% FAA funding so it looks good so far but it is not confirmed yet. The awards will be made in September. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. FIRE DEPARTMENT TRAINING OFFICER POSITION – APPROVED Page | 12 March 5, 2018 Regular City Council Meeting Alderman Olson moved the City Council allow the Fire Department to move forward with the creation of a Fire Department Training Officer position. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 2018 STREET PATCHING AWARD OF BID – MINOT PAVING COMPANY (4309) – FAILED Alderman Sipma moved the City Council award the bid to Minot Paving Co. in the amount of $419,254.50 for the 2018 Street Patching Project. Motion seconded by Alderman Straight. Dustin Keller and Justin Thurn from Keller Paving and Landscaping, came forward in opposition of the recommendations for the 2018 Street Patching Project and the 2018 Sidewalk, Curb and Gutter Project. Mr. Keller explained, these projects are the type of work they regularly do and that is why they can save the taxpayers $90,000 on street patching and $25,000 on sidewalk, curb and gutter. They used last year’s pricing to develop their bids without lowballing or posturing for any change orders. They completed the project for street patching in 2016 and City staff was even able to add additional work as the budget allowed. He said, they understand the delays and damages from past projects are being considered but those were multi-stage projects utilizing millions of dollars and liquidated damages have only followed a small number of Keller’s projects. Awarding the bid to Keller Paving would save the taxpayers $115,000 between the two projects. Liquidated damages, when paid are intended to make the contract holder whole after the project is complete and he believes they are being unjustly penalized two times over. He explained in an email to the Council members, the projects they have worked on for the City over the past few years and highlighted the projects where liquidated damages occurred. They believe contractors should be held accountable with liquidated damages and at Keller they are accountable. He said, they felt blindsided by staff’s recommendation and believe their bid should be accepted because it was opened. During a conversation with the City Engineer, he told them he believes they are capable of doing this work but in order to maintain consistency, he will not be recommending any prime contracts to Keller in 2018. He explained that Minot calls on Keller Paving for miscellaneous patching, paving, snow removal and other tasks. He described some of the unforeseen issues that resulted in delays on the downtown infrastructure project and the 36th Avenue NW project. They dealt with the issues as they arose and absorbed the liquidated damages associated with those issues. The database of previous work performance has been requested by the City Council and by Keller Paving. Since it does not exist yet Keller Paving should not be punished when City Council does not know how other contractors compare to Keller Paving. Alderman Wolsky asked them to describe their process when a subcontractor underperforms. Mr. Thurn said, on the 36th Avenue project, they had to hire another contractor to complete the work. However, it is hard to find another contractor during the season. Alderman Sipma stated, the delays on the downtown project echoed economically and he emphasized the need for a performance database to make sure the low bid matches the work performed. Mr. Thurn responded by saying, they have done the street patching project in the past and are asking to complete the same project again. He said larger projects may have to be considered on a case by case basis. Reed Soderstrom, representing Keller Paving, distributed a handout to the Council. He said, North Dakota Century Code states, “At the time and place specified in the notice, a governing body or its designated agent shall open publicly and read aloud each responsible bid received.” He said, the fact that Keller’s bid was opened establishes they are a responsible bidder. He described some of the work Keller has done for the community including helping during the flood, emergency street patching and snow removal. He said he believes Keller is the responsible bidder and should be awarded the bid on behalf of the taxpayers. Upon questioning by Alderman Jantzer, Mr. Thurn said there would be one subcontractor used for the curb and gutter project; Flores Concrete, which the City has used multiple times. Upon request for clarification on Mr. Soderstrom’s comments, the Assistant City Attorney said, a designated agent was responsible for opening the bids. While it does state a responsive bidder should meet submission specifications, the language of the notice gives the governing body the authority to determine the lowest responsible bidder. The governing body may involve the elements of ability, capacity, reputation and experience when determining the lowest responsible bidder. Page | 13 March 5, 2018 Regular City Council Meeting The City Engineer responded to questioning about a contractor performance database by saying, until recently all of the information was by memory. He compiled the relevant information from the past few years for the purpose of the memo. He said, despite the differences between a major project like downtown and a simple project like street patching, when reviewing bids, they look at whether the contractor can perform the work and if they have the management capabilities to manage subcontractors and contracts over and over. From a staff standpoint, a company is either a responsible bidder or they’re not. They don’t pick and choose whether they are a responsible bidder in one situation and not in another. Staff’s recommendation to choose the second lowest bidder was based on that determination, knowing that the City Council has the final authority. Alderman Podrygula commented on the projects that were significantly behind schedule and asked if the obstacles were under Keller’s control. Mr. Meyer gave an example of a project that ran into similar issues but in order to meet contract times they found other contractors to complete the work. The job of the general contractor is to bring in the resources necessary to keep a job on track. The City Engineer said the second low bidders in this case have not had any liquidated damage issues. Minot Paving recently completed the downtown alley project on time. They have also been subcontractors for other general contractor on city projects and have not had any problems. Upon questioning by Alderman Olson, Mr. Meyer said, there is no official “blacklist” so if a bid is responsive, which means it meets all the qualifications to open the bid, we have to do that. Once staff analyzes the bid, they look at what is responsible according to the bidding documents. If there were still projects to bid in 2018, his recommendation would still hold. The following year is to be determined. What they want to get across to the contractor is that they need to do some work internally to ensure this type of issues doesn’t affect the City and its citizens. The Council expressed their opinions that the discussion has sent a message to contractors. They got their point across that they are looking for more than just the lowest price and expect consistency from work provided or there will be consequences. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Straight and failed by the following roll call vote: ayes: Olson, Sipma; nays: Barney, Jantzer, Podrygula, Straight, Wolsky. 2018 STREET PATCHING AWARD OF BID – KELLER PAVING & LANDSCAPING (4309) – APPROVED Alderman Jantzer moved the City Council award the bid to Keller Paving & Landscaping in the amount of $328,439.50 for the 2018 Street Patching Project. Motion seconded by Alderman Wolsky. Alderman Straight said, he appreciates the City Engineer for bringing these issues to the attention of the Council and believes they have made their point to contractors that they will be held accountable for their performance. He said, it is in the best interest of the community to award the bid to Keller Paving. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky; nays: Sipma. 2018 STREET SEAL DISTRICT AWARD OF BID (4310) – APPROVED Alderman Sipma moved the City Council award the bid to Asphalt Surface Technologies Corporation for the total bid of $937,596.18 for the 2018 Street Seal Project and authorize the Mayor to sign the contract. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 2018 SIDEWALK, CURB AND GUTTER AWARD OF BID- KELLER PAVING & LANDSCAPING (4311) – APPROVED Page | 14 March 5, 2018 Regular City Council Meeting Alderman Jantzer moved the City Council award the bid to Keller Paving & Landscaping in the amount of $279,236.00 for the 2018 Sidewalk, Curb and Gutter Project. Motion seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. LANDFILL USE/FINANCIAL ARRANGEMENTS FOR PRIVATE CONTRACTORS – APPROVED Alderman Sipma moved the City Council request City staff develop formal policies and procedures for commercial users of the city landfill, including a formal contract (pending development of a franchise arrangement). Also, effective April 1, 2018, the City will impose a monthly interest charge of 1.75% on any commercial landfill accounts that are over 30 days due. Also effective April 1, 2018, the City will terminate commercial landfill use privileges on any accounts over 60 days due. Reinstatement of privileges will require full payment of all monies due the city. The City Council also approve a 1.75% monthly finance charge for all overdue City accounts. Motion seconded by Alderman Straight. Alderman Podrygula moved to amend the motion to modify the start date from April 1, 2018 to June 1, 2018 to give staff more time to work out the details involved with implementing the changes and to notify customers. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Straight, as amended, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5266 - TO CHANGE THE ZONE FROM C2 (GENERAL COMMERCIAL) DISTRICT TO RA (AGRICULTURAL RESIDENTIAL) DISTRICT ON SECTION 28-155-83, OUTLOT 5 – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5266 on second reading to change the zone from C2 (General Commercial) District to RA (Agricultural Residential) District on Section 28-155-83, Outlot 5. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5266 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5268 AMEND THE 2017 ANNUAL BUDGET - OVER BUDGET LINE ITEMS – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5268 on second reading to amend the 2017 annual budget to adjust department budgets for funds approved by City Council for Library Memorial, City Accident Claims, Various Grants, Sidewalks, Bond Interest, CDBG-DR Relocations, and Interest Distribution. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5268 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5269 - AMENDING THE 2017 ANNUAL BUDGET - $80,000 CAPITAL PURCHASE – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5269 on second reading amending the 2017 Annual Budget to approve an increase of the special assessment debt reserve funding to capital purchases for the acquisition of two parking lots in the amount of $80,000 owned by the Open Gate Church as part of the flood mitigation buyout. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5269 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. Page | 15 March 5, 2018 Regular City Council Meeting ORDINANCE NO. 5270 - AMEND THE 2018 ANNUAL BUDGET- LIBRARY DIGITAL SIGN PURCHASE (LIB033) – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5270 on second reading amending the 2018 annual budget to increase the library capital expenditures and memorial revenue for the purchase and installation of an exterior digital sign and authorize the Library Director to advertise a request for bids. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5270 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5271 – AMEND THE 2018 ANNUAL BUDGET – RELOCATING CAR RENTAL OPERATIONS – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5271 on second reading to amend the 2018 annual budget to increase the airport capital purchases for the design of relocating the car rental operations to the west short term parking lot. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5271 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5272 – AMEND THE CMCO CHAPTER 14 (GARBAGE AND TRASH) – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5272 on second reading amending the City of Minot Code of Ordinances, Chapter 14, Garbage and Trash, to strike section 14-103 and add language to Section 14-126. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5272 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5273 – AMENDING THE CMCO CHAPTER 7, ANIMALS AND FOWL – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5273 on second reading amending Section 7-5 and Section 7- 15 to Chapter 7 (Animals And Fowl), Article 1 (In General) of the City of Minot Code of Ordinances to remove “snakes” from the list of prohibited animals and instead prohibit boa constrictors and all venomous and non-venomous injurious snakes as defined by U.S. Fish and Wildlife Services. Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5273 on second reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ADMINISTRATIVE APPROVALS – APPROVED Alderman Sipma moved the City Council ratify the following administratively approved requests: 1. Power of 1 to conduct a raffle April 30, 2018 at Buffalo Wild Wings (3820 S Broadway) 2. Trinity Health to conduct poker and twenty-one on March 30, 2018 at the Grand Hotel (1505 N Broadway) 3. Wildwood Men’s Golf Association to conduct a raffle March 24, 2018 at Knights of Columbus (2601 N Broadway) 4. Knights of Columbus Council 9839 to conduct a raffle May 6, 2018 at Little Flower Church (800 University Ave W) 5. Rocky Mountain Elk Foundation to conduct a raffle April 7, 2018 at the Moose Lodge (400 9th St SW) 6. Longfellow PTA to conduct a raffle April 13, 2018 at Longfellow School (600 16th St NW) 7. Minot Ducks Unlimited to conduct a raffle March 23, 2018 at the Grand Hotel (1505 North Broadway)Minot State University Staff Senate to conduct a raffle May 11, 2018 at Minot State University (500 University Ave W) Page | 16 March 5, 2018 Regular City Council Meeting 8. Minot Optimist Club to conduct a raffle August 1, 2018 at the Parker Senior Center (21 First Ave SE) Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. BUSH FOUNDATION GRANT AGREEMENT – APPROVED Alderman Jantzer moved the City Council approve the Bush Foundation Grant Agreement in the amount of $208,000 to the City of Minot and authorize the Finance Director to sign the agreement. Motion seconded by Alderman Olson. The Finance Director explained, the Council previously approved a fiscal sponsorship agreement between the City of Minot and Souris Valley United Way, to administer the Bush Foundation grant. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. The Mayor publicly thanked Megan Laudenschlager for her work in securing the $200,000 grant to combat addiction in Minot. ADJOURNMENT There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Sipma and carried unanimously. Meeting adjourned at 7:52 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Chuck Barney, Mayor Page | 17

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