City Council

March 4, 2019 Regular City Council Meeting MINOT CITY COUNCIL – SCHEDULED MEETING – MARCH 4, 2019 AT 5:30 P.M. ROLL CALL Members Present: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky Members Absent: None PLEDGE OF ALLEGIANCE Mayor Sipma presiding and led the City Council in the Pledge of Allegiance. PERSONAL APPEARANCES None PUBLIC HEARING - ORDINANCE NO. 5354 – REZONING L. JOHNSON SUBDIVISION, LOT 1 – FIRST READING – APPROVED The City Council held a public hearing to consider rezoning L. Johnson Subdivision, Lot 1 from C2 (General Commercial) to R1 (Single Family Residential). No one appeared on behalf of the public hearing. Alderman Jantzer moved the City Council close the public hearing and place ordinance no. 5354 on first reading rezoning L. Johnson Subdivision, Lot 1 from C2 (General Commercial) to R1 (Single Family Residential). Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no.5354 on first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none PUBLIC HEARING - ORDINANCE NO. 5355- REZONING OAK PARK PLACE, 2ND ADDITION, LOT 1 – FIRST READING – APPROVED The City Council held a public hearing to consider rezoning of Oak Park Place, 2nd Addition, Lot 1 from R4 (Planned Residence) to R2 (Two-Family Residential). No one appeared on behalf of the public hearing. Mayor Sipma asked about the base flood elevation for new construction in the valley. He asked if it was of consideration by the applicant. Mr. Lang responded by saying, they would have to comply with the flood plain regulations in order to get a building permit and be at least one foot above the flood elevation as established by a surveyor. The Mayor reminded the public about the base flood elevation for new construction and significant improvements. Alderman Pitner moved the City Council close the public hearing and place ordinance no. 5355 on first reading rezoning Oak Park Place, 2nd Addition, Lot 1 from R4 (Planned Residence) to R2 (Two-Family Residential). Motion seconded by Alderman Straight and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5355 on first reading. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none PUBLIC HEARING - ORDINANCE NO. 5356- REZONING OF SECTION 34, TWP 155 NORTH, RANGE 82 WEST, OUTLOT 20 – FIRST READING – APPROVED The City Council held a public hearing to consider rezoning of Section 34, TWP 155 North, Range 82 West, Outlot 20 from MH (Manufactured Home) to RA (Agricultural Residential). No one appeared on behalf of the public hearing.  March 4, 2019 Regular City Council Meeting Alderman Jantzer moved the City Council close the public hearing and place ordinance no. 5356 on first reading rezoning Section 34, TWP 155 North, Range 82 West, Outlot 20 from MH (Manufactured Home) to RA (Agricultural Residential). Motion seconded by Alderman Pitner and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5356 on first reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none PUBLIC HEARING - ORDINANCE NO. 5357- REZONE LOT 1, BLOCK 2, OVERLOOK PARK ADDITION – FIRST READING – APPROVED The City Council held a public hearing to consider a request to rezone Lot 1, Block 2, Overlook Park Addition from R1 (Single Family Residential) to P (Public). No one appeared on behalf of the public hearing. Alderman Pitner moved the City Council close the public hearing and place ordinance no 5357 on first reading rezoning Lot 1, Block 2, Overlook Park Addition from R1 (Single Family Residential) to P (Public). Motion seconded by Alderman Jantzer and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5357 on first reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none PUBLIC HEARING - ORDINANCE NO. 5358- REZONING PRAIRIE GREEN SECOND ADDITION LOT 6, BLOCK 22 LESS PORTION FOR HIGHWAY (PARCEL 6-3) – FIRST READING – APPROVED The City Council held a public hearing to consider rezoning Prairie Green Second Addition Lot 6, Block 22 less portion for highway (Parcel 6-3) from C4 (Planned Commercial) to C2 (General Commercial). No one appeared on behalf of the public hearing. Alderman Pitner moved the City Council close the public hearing and place ordinance no. 5358 on first reading rezoning Prairie Green Second Addition Lot 6, Block 22 less portion for highway (Parcel 6-3) from C4 (Planned Commercial) to C2 (General Commercial). Motion seconded by Alderman Straight and carried unanimously. Alderman Wolsky said, most of the area is zoned C4, which is now a defunct zone. He asked if the requested C2 zoning will be isolated or if the rest of the area will be rezoned in the future. Mr. Lang stated, since C4 is a defunct zone, the direction in the ordinance is to treat C4 like C2. Since this application came forward for a Conditional Use Permit, it was an opportunity to adjust the zone as well. He then pointed out that there are locations in the area that also have C2 zoning. Alderman Pitner moved the City Council pass ordinance no. 5358 on first reading. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none PUBLIC HEARING – ORDINANCE NO. 5359- REZONING OF SW1/4 & NE1/4, SECTION 33-155-83 – FIRST READING – APPROVED The City Council held a public hearing to consider rezoning of SW1/4 & NE1/4, Section 33-155-83 from AG (Agricultural) District to P (Public). No one appeared on behalf of the public hearing. Alderman Jantzer moved the City Council close the public hearing and place ordinance no. 5359 on first reading rezoning SW1/4 & NE1/4, Section 33-155-83 from AG (Agricultural) District to P (Public). Motion seconded by Alderman Olson and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5359 in first reading. Motion seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none MAYOR’S REPORT The Mayor listed the following meetings and events he attended over the past month: February 5th - Lunch presentation to the Women Owned Women Operated Business WOWOB  March 4, 2019 Regular City Council Meeting February 5th - IEDC White Paper Wrap-up meeting February 13th - Carside Karaoke for Giving Hearts Day February 13th - Flood Home Acquisition at Minot Guarantee & Title February 14th - Lunch Presentation for the Magic City Apartment Renters Association at Sammy’s Pizza February 14th - Attending Giving Hearts Day Event at Oak Park Theater February 15th - Met with Minot Park District Leadership on Transition Plan February 18th - Task Force 21 Meeting February 19th - Minot City Council February 20th - Lunch Meeting with Senator Kevin Cramer & Rep. Kelly Armstrong at Minot Air Force Base February 20th - MADC Annual Meeting at the Grand Hotel February 21st - Park & Recreation merger contract meeting February 2lst - Spoke at the International Mother’s Language Day at Minot State University February 22nd - Spoke at the ND State Fire School providing open remarks for the morning session February 22nd - IEDC Steering Committee Meeting February 22nd - Spoke at Burdick Job Corps Graduation Ceremony February 22nd - Master of Ceremonies at the Delta Waterfowl Banquet in Minot at the Grand Hotel February 23rd - Attended the Champaign & Ice Gala benefiting the Northern Plains Children’s Advocacy Center February 25th - Interview by KX News regarding the Gathering Space February 27th - Attended the IEDC Technical Committee Meeting February 27th - Interview by KMOT regarding the Gathering Space February 28th - Participated in the launch of a new package ride share delivery service called PAKKAGE March 1st - Attended the League of Cities Day at the State Capital March 1st - Testified in opposition to HB 1471 regarding the State Regulating permit fees in extraterritorial areas March 1st - Attended afternoon session of the State Senate Session with Senator Karen Krebsbach March 4th - Attended IEDC Steering Committee at City Hall CITY MANAGER’S REPORT The City Manager began by listing upcoming meeting dates including a Legislative Forum March 9th, March for Meals on Wheels March 12th, City Council March 18th, another Legislative Forum March 23rd, a Library Merger meeting March 25th, Planning Commission also March 25th, NDLC March Madness March 26th -27th, and City Council April 1st. Mr. Barry went into detail about the Legislative process and the bills that have been introduced and monitored this year. He said, there were nearly 1,000 bills filed and of those, 269 Senate bills crossed to the House and 351 House bills crossed to the Senate. The City has been closely monitoring over 100 bills that could affect the city of Minot but 40% of those have been voted down. He said that all five tax cap bills had failed and are no longer a concern this year and SB 2166 was voted down which would have quadrupled the City’s tort liability and likely doubled insurance premiums. There are still eight bills we are actively supporting and eight bills we are actively opposed along with 48 others that we are keeping an eye on. Staff has been very busy with tracking and testifying on behalf of these issues. Upon questioning by Alderman Wolsky, Mr. Barry said, there are multiple resources used to track information on the legislative session. The North Dakota League Cities has bill information and most of the City testimony can be found on the City website. There are multiple associations with different perspectives that are used as well. The City Manager moved on to discuss progress regarding the IEDC report. He explained that the Stakeholders Group met several times after breaking into smaller Technical Teams. Those teams created reports which can be found on the City website. The reports have been compiled into a work plan for the Steering Committee to identify which organizations can provide services to best fill the gaps. The Steering Committee formed two recommendations during their meetings. They endorsed the idea that was recommended from the Stakeholder Group suggesting the City should hire an Economic Development Specialist. City staff is currently working on developing a job description for that position. They also approved the One Brand Committee’s recommendation to hire a consultant and apply to the MAGIC Fund. The City Manager announced that Brian Billingsley has accepted the position of Community & Economic Development Director and will start April 1st. He listed his qualifications by saying, he has 25 years of planning and community development experience. He has worked on downtown revitalization, river space design and gathering space development. Mr. Barry gave updates on the NDR projects. He said, HUD has issued a release of funds for the Gathering Space and offer letters have been sent to property owners. He explained that the project is a voluntary acquisition and the property owners  March 4, 2019 Regular City Council Meeting are given an offer based on the City’s assessed value plus 10%. The project includes $2.5 million for acquisition and demolition and $3.5 million for construction. He announced that HUD approved the City Hall Relocation waiver. It was denied in 2016 because HUD felt the City had not yet fulfilled the needs of the vulnerable population. Since other projects have progressed, it was resubmitted last year. Mr. Barry listed several drivers and benefits of relocating City Hall. He said, City Hall is out of space and expansion is eminent. The Police Department is out of space and Public Works is nearly at capacity. If City offices were relocated, the Auditorium could be freed up for public use. Consolidation and relocation will avoid the need to expand multiple facilities. He continued by saying, the current location was threatened by flooding in 2011 which is dangerous because it houses dispatch for emergency services. Relocating to downtown will enhance the economic revitalization of downtown that was described in the NDR application. We will also be able to centralize services to improve the customer experience. The City Hall relocation could also resurrect the project for a Center for Technical Education (CTE). HUD allocated $1.5 million for a CTE but that is not enough to build a Center. If it is combined with a public building, that project can potentially move forward. He said, the City Hall Relocation project has $6.2 million in available funding but that will not be enough to complete it. Staff is now conducting a space analysis to figure out what would be needed. After that, we will assess available properties and once one is chosen, could make a contingent offer before conducting an environmental review under HUD guidelines. The project must be complete by September 30, 2022. He continued with a few other NDR updates. HUD feels no need to audit the City grants programs in 2019 due to previous compliance. They are confident in our managements of the grants. The City has acquired five more “zombie” homes with two more for probable demolition this spring. Park South has turned out to be a very successful project and 40 out of the 41 units are occupied. This is an example of the demand for low to moderate income (LMI) housing. He stated, HUD has adjusted the LMI limits by increasing the low-income threshold, meaning more families will qualify for this type of housing. The City Manager briefly spoke about the Capital Improvement Plan (CIP). The City Engineer will present further details on the 2019-2023 CIP later in the meeting. He said, the document will help to identify and complete projects by providing a whole picture for each project including charts and data that prioritizes each one. He thanked Lance Meyer, the City Engineer for compiling the document and the Department Directors for their contributions to it. Mr. Barry announced that United Airlines will be adding another flight from Minot to Denver starting the summer. He thanked the Airport Director for his ongoing work to improve operations. The City Manager concluded his report by recognizing Sarah White, as Outstanding Police Employee of the Year and Sgt. Paul Burns as Outstanding Police Officer of the Year. The City Manager said he is glad Chief Olson makes recognizing staff a priority in his department. Sarah White was unable to attend but Chief Olson shared some of the comments from Sgt. Burns’ nomination letter. Both were presented with awards during a ceremony at the Police Department. Alderman Straight requested the City Manager work on reeducating the public on NDR funding fundamentals such as, what we can and cannot spend grant money on. He wants to ensure the public is aware of the stipulations associated with the use of grants. He recognized the need for additional space at City Hall but said the public may not have the same understanding. CITY ATTORNEY’S REPORT The City Attorney submitted a written report. SUBDIVISION OF LIVINGSTON'S 8TH ADDITION, LOTS 1-3 – APPROVED Alderman Jantzer moved the City Council approve an application by Ward County Farm Bureau submitted by John Pietsch, to replat Livingston’s 6th Addition, Lot 1, into a three-lot subdivision to be known as Livingston’s 8th Addition, Lots 1-3. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVISION OF L. JOHNSON SUBDIVISION, LOTS 1 & 2 – APPROVED Alderman Jantzer moved the City Council approve an application by Larry D. Johnson to replat Outlot 8, Section 36, TWP 156 North, Range 83 West, into two lots to be known as L. Johnson Subdivision, Lots 1 & 2.  March 4, 2019 Regular City Council Meeting Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVISION OF OAK PARK PLACE, 2ND ADDITION, LOT 1 – APPROVED Alderman Jantzer moved the City Council approve an application by Mike and Sheila Hayes to combine Lots 6A through 10B of Oak Park Place into one lot to be known as Oak Park Place, 2nd Addition, Lot 1. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. REPLAT OF OUTLOTS 18 & 19 OF SECTION 34, TWP 155 NORTH, RANGE 82 WEST, TO BECOME TWO NEW OUTLOTS KNOWN AS OUTLOT 20 & 21 – APPROVED Alderman Jantzer moved the City Council approve an application by Deven Mantz to replat Outlots 18 & 19 of Section 34, TWP 155 North, Range 82 West, to become two new outlots known as Outlot 20 & 21, by adjusting the common lot line between proposed Outlots 20 & 21, fifty feet (50’) east of its current location. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. SUBDIVISION PLATTING OF OVERLOOK PARK ADDITION, LOT 1, BLOCK 1, & LOT 1, BLOCK 2 AND DEDICATED 1ST ST NW RIGHT-OF-WAY – APPROVED Alderman Jantzer moved the City Council approve an application by the Minot Park District, applicant Ron Merritt, for subdivision platting to define the fifty-foot (50’) wide corridor for dedicated 1st Street, NW Right-of-Way and establish property extents of proposed lots and blocks. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3610- AMEND THE FUTURE LAND USE MAP DESIGNATION FROM “INDUSTRIAL”, “GENERAL MIXED USE” AND “HIGH DENSITY RESIDENTIAL” TO “PUBLIC” ON THE SE1/4 & NE1/4, SECTION 33-155-83 – APPROVED Alderman Jantzer moved the City Council adopt resolution no. 3610 to amend the Future Land Use Map designation from “Industrial”, “General Mixed Use” and “High Density Residential” to “Public” on the SE1/4 & NE1/4, Section 33-155-83. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3609- CONDITIONAL USE PERMIT (CUP) TO ACCOMMODATE A CLINIC, MORE SPECIFICALLY DESCRIBED AS A MEDICAL MARIJUANA DISPENSARY – APPROVED Alderman Jantzer moved the City Council adopt resolution no. 3609 for a Conditional Use Permit (CUP) to accommodate a clinic, more specifically described as a medical marijuana dispensary on Prairie Green Second Addition Lot 6, Block 22, less portion for highway (Parcel 6-3). Motion seconded by Alderman Wolsky. Alderman Wolsky asked if the Conditional Use Permit application was dependent on action by the State to approve the dispensary. Mr. Lang explained, the State is in charge of permitting but from a City standpoint, the property must comply with local zoning codes. Applications for dispensaries were due to the State by February 26th and from what he has read, there were four applicants. Under the conditions set by the State the applicants can move forward but it is a competitive process. He said, he expects to see the other applicants request Conditional Use Permits as well. Upon further questioning, the City Attorney added, a CUP is granted to the company that applied for it but it can be amended with approval by the Planning Commission and City Council.  March 4, 2019 Regular City Council Meeting Alderman Straight asked if other groups can apply for a CUP in the same location, to which Mr. Lang responded by saying, each applicant must cater the application to their own business. He said, it is possible but they would still have to apply. This applicant plans to purchase the property if granted the permit by the State. Mr. Lang clarified, the dispensary is controlled by the State and only qualified, medicinal marijuana card holders will be allowed to purchase marijuana. The City’s only concern regarding the dispensary is whether if follows the Zoning Code. Alderman Wolsky said, he supports the application and will likely support the others, as long as they follow the code. 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: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF MINUTES- FEBRUARY 4, 2019 & FEBRUARY 19, 2019 – APPROVED Alderman Jantzer moved the City Council approve the minutes from the February 4, 2019 & February 19, 2019 Regular City Council meetings. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF BILLS – FEBRUARY 2019 – APPROVED Alderman Jantzer moved the City Council approve the bills and transfers as listed for February in the amount of $4,786,995.96 as follows: ACME TOOLS 119.00 BECKER, KRYSTA 104.50 275890 276120 ACME TOOLS 559.84 BERG, JESSE 143.00 276107 276287 ADVANCED BUSINESS METHODS 2774.28 BERG, MONDA 282.00 275891 275900 ADVANCED FIRST AID INC 238.00 BEST BUY BUSINESS ADVANTAGE ACCOUNT 13.39 275892 276121 AE2S CONSTRUCTION LLC 46546.00 BIBLIOTHECA, LLC 3937.85 276108 275901 ALL AMERICAN TROPHIES 30.00 BLUETARP FINANCIAL, INC 41.95 276109 275902 ALL SEASON ARENA 19016.91 BORDER STATES ELECTRIC SUPPLY 226.87 276110 275903 AMAZON.COM 1154.12 BORDER STATES ELECTRIC SUPPLY 234.95 1000000 276122 AMERICAN LIBRARY ASSOCIATION 181.24 BROADWAY PRINTING COMPANY 284.00 276111 1000001 AMERICAN TRUCK & TRAILER, LLC 7397.38 BURNS, AUSTIN 393.30 276112 275905 AMERICAN WELDING & GAS, INC. 4561.53 BUTLER MACHINERY CO. 925.78 276113 275906 AMERIPRIDE 61.19 BUTLER MACHINERY CO. 520.24 275893 276123 AMERIPRIDE 122.38 C.A. PIERSON LAW P.C. 6000.00 276114 275907 AMERITAS LIFE INSURANCE CORP 2466.91 CASAREZ, JR, ANDRES 104.50 275894 276124 ANDERSON, JANET 182.60 CDW GOVERNMENT INC 23666.47 276115 275909 APEX ENGINEERING GROUP 51455.56 CDW GOVERNMENT INC 3312.70 276116 276125 APH/AUTO VALUE 1699.00 CDW GOVERNMENT INC 1496.86 275895 1000002 ARROWHEAD ACE HARDWARE 11.28 CENGAGE LEARNING/GALE 160.44 275896 276126 AXON ENTERPRISE, INC 14950.00 CHIEF/LAW ENFORCEMENT SUPPLY 405.00 275897 276263 AXON ENTERPRISE, INC 91580.50 CHRISTOPHER A. CARLSON 277.09 276117 276077 BAKER & TAYLOR BOOKS 418.38 CHRISTOPHER A. CARLSON 277.09 275898 276264 BAKER & TAYLOR BOOKS 6986.28 CIRCLE SANITATION 44.00 276118 275910 BAKKE GRINOLDS WIEDERHOLT 2773.40 CITY OF MINOT 100.00 276075 275911 BANK OF NORTH DAKOTA 55162.46 CLUTE OFFICE EQUIP. INC. 78.34 276119 276127 BAUER, KATHERINE 37.06 COLONIAL LIFE PREMIUM PROCESSING 2782.44 275899 275912 BAUER, KATHERINE 2.38 COLOR DYNAMICS LLC 3200.00 276076 275913  March 4, 2019 Regular City Council Meeting COMMUNITY AMBULANCE SERVICE 194.00 275914 LEMAR, NEAL 50.00 276175 CORRPRO COMPANIES 3275.00 275915 LHOIST NORTH AMERICA OF MISSOURI 25443.06 275990 CPS, LTD 18696.50 276078 LHOIST NORTH AMERICA OF MISSOURI 16754.58 276177 CRAFT BUILDERS, INC 51313.20 275916 LINNERTZ, DARRELL 736.50 275991 CRAFT BUILDERS, INC 806.70 276128 LOWES PRINTING, INC. 2595.00 275992 CROSS COUNTRY DELIVERY 318.85 275917 M & H GAS 7.77 275993 CUMMINS POWER, LLC 261.37 275918 M-B COMPANY 3250.00 276178 CUMMINS POWER, LLC 1229.08 276129 MADC 27450.00 275994 CURT'S STARTER & ALT. SERVICE 179.50 275919 MAIN ELECTRIC CONSTRUCTION 4268.97 275995 DACOTAH PAPER CO. 4120.59 276130 MARCO, INC 221.49 275996 DAKOTA FIRE EXTINGUISHER 52.26 275920 MARCO, INC 371.50 275997 DAKOTA FLUID POWER, INC 491.03 276131 MATERIAL TESTING 1812.00 275998 DAKOTA PUMP & CONTROL CO. 760.00 276265 MDU 4532.01 276179 DEERE CREDIT, INC 58448.57 275921 MENARDS 25.85 275999 DELL MARKETING L.P. 1554.98 275922 MENARDS 68.47 276180 DELL MARKETING L.P. 1060.96 276133 MEYER, LANCE 227.75 276181 DELTA DENTAL OF MINNESOTA 16808.80 275923 MICROSOFT CORPORATION 1759.54 276000 DEMCO 4375.86 275924 MIDCONTINENT COMMUNICATIONS 1740.44 276001 DOMESTIC VIOLENCE CRISIS CENTE 1554.18 275925 MIDSTATES WIRELESS, INC 125.00 276002 DR TRANSPORT, INC 4639.73 276079 MIDSTATES WIRELESS, INC 187.50 276182 DR TRANSPORT, INC 15926.24 276266 MINOT AUTO 2556.62 276007 DXP ENTERPRISES, INC 505.00 275926 MINOT AUTO 2386.43 276187 DYKE, DARREN 104.50 276134 MINOT AUTOMOTIVE CENTER 151.83 276008 EBIX / HOPE NEWSLETTER 187.35 276135 MINOT AUTOMOTIVE CENTER 73.87 276188 ECOLAB 367.43 275927 MINOT COMMISSION ON AGING 7083.33 276009 EMERGENCY AUTOMOTIVE TECHNOLOGIES 1149.00 275928 MINOT CONVENTION&VISITORS BUR. 18414.45 276090 EMERGENCY AUTOMOTIVE TECHNOLOGIES 228.29 276136 MINOT CONVENTION&VISITORS BUR. 3049.45 276189 ENERBASE 46522.95 275946 MINOT DAILY NEWS 383.25 276010 ENERBASE 49797.38 276157 MINOT DAILY NEWS 678.90 276190 ESTATE OF JOE KRAFT 715.00 275947 MINOT ELECTRIC 3366.54 276011 FACTORY MOTOR PARTS 642.12 275948 MINOT EMPLOYEE DONATIONS 1406.52 276274 FACTORY MOTOR PARTS 945.65 276080 MINOT PLUMBING&HEATING CO INC 101.00 276012 FACTORY MOTOR PARTS 859.39 276158 MINOT PLUMBING&HEATING CO INC 101.00 276191 FARGO GLASS & PAINT COMPANY 51.00 276159 MISCELLANEOUS A/R 50.00 276083 FARSTAD OIL CO 79.70 275949 MISCELLANEOUS A/R 50.00 276089 FARSTAD OIL CO 1254.00 276160 MISCELLANEOUS A/R 50.00 276098 FASTENAL COMPANY 92.17 275950 MISCELLANEOUS A/R 650.00 276239 FEDERAL EXPRESS 15.92 275951 MN CHILD SUPPORT PAYMENT CENTER 164.74 276091 FELTNER, RICHARD 264.40 276268 MN CHILD SUPPORT PAYMENT CENTER 164.74 276275 FIDELITY SECURTIY LIFE 2783.01 275952 MORELLI'S DISTRIBUTING INC. 3943.62 276013 FIRST DISTRICT HEALTH UNIT 8333.33 275953 MORELLI'S DISTRIBUTING INC. 2022.79 276192 FIRST INTERNATIONAL BANK & TRUST 1040.00 276269 MOUSE RIVER FIREFIGHTER'S ASSN 25.00 276014 FIRST WESTERN INSURANCE 671672.00 275956 MOWBRAY & SONS 276.00 276193 FLEETMIND SOLUTIONS INC 1987.50 276081 MUNICODE 1109.91 276015 FLOW MEASUREMENT AND CONTROL 1225.00 276270 MUNICODE 950.00 276194 FOLEY, JARED 55.00 275957 NAGEL, THOMAS 1412.50 276276 FORCE AMERICA 471.57 276161 NAPA AUTO PARTS 398.45 276017 FRENCH, JOHN 37.57 276162 NAPA AUTO PARTS 163.79 276092 FUSION AUTOMATION INC 230.00 275958 NAPA AUTO PARTS 1060.53 276196 FUSION AUTOMATION INC 888.90 276082 NATIONAL PAYMENT CORPORATION 670.45 276093 G & P COMMERCIAL SALES 121.73 276163 ND CHILD SUPPORT 25.00 276018 GEFROH ELECTRIC 160.00 276164 ND CHILD SUPPORT 5.00 276197 GENERAL TRADING 1021.29 275961 ND DEPT OF HEALTH 911.00 276198 GENERAL TRADING 127.82 276165 ND DEPT OF TRANSPORTATION 42556.96 276019 GERDAU AMERISTEEL 716.43 275962 ND HOUSING FINANCE AGENCY 246.39 276020 GERDAU AMERISTEEL 120.12 276166 ND ONE CALL, INC 32.70 276094 GFOA 150.00 275963 ND ONE CALL, INC 82.60 276199 GLADBACK, BELINDA 110.00 275964 ND WATER EDUCATION FOUNDATION 280.00 276021 GOETTLE, SHANE C 7500.00 275965 NDAPHMC 95.00 276022 GOOSENECK IMPLEMENT 23.88 275966 NDBOA 885.00 276200 GRAND FORKS FIRE EQUIPMENT 2797.50 275967 NDWPCC 20.00 276023 GRANITE SPRINGS CO. 81.50 275968 NEWMAN TRAFFIC SIGNS 7547.64 276024 HACH 852.68 275969 NIESS IMPRESSIONS 52.25 276201 HANKS, ELIJAH 115.50 275970 NORTH DAKOTA HIGHWAY PATROL 1013.78 276202 HARLEYS 13.98 276167 NORTH PRAIRIE RURAL WATER 76.39 276025 HARLEYS SERVICE CENTER INC 26.98 276271 NORTHERN BRAKE 578.91 276026 HOFFART, JESSE 143.00 276272 NORTHERN PLAINS EQUIPMENT CO., INC. 183.30 276027 HOLIDAY GAS STATION 50.00 275971 NORTHERN TRUCK EQUIPMENT CORP 2363.55 276203 IACP 190.00 275972 NORTHWEST TIRE AND RETREAD 4568.14 276028 ICC 105.00 275973 NORTHWEST TIRE AND RETREAD 2394.01 276205 INDIGO SIGNWORKS, INC 247.50 275974 NOYES, JOSHUA 104.50 276206 INFOGROUP/INFO-USA MARKETING 1995.00 276168 OAKWELLS COMMUTER RAIL LLC 1327.82 276207 INFORMATION TECHNOLOGY DEPARTMENT 2813.74 275977 OCLC 1309.30 276208 INFORMATION TECHNOLOGY DEPARTMENT 5272.85 276087 OFFICE DEPOT 219.76 276029 INTERNATIONAL ACADEMIES OF EMERGEN 50.00 276169 OFFICE DEPOT 48.49 276209 INTERNATIONAL CODE COUNCIL, INC 1280.00 275978 OFFICE DEPOT 238.53 1000003 INTERSTATE BATTERY SYSTEM 381.90 275979 OLSON'S TOWING 2075.00 276211 INTERSTATE BATTERY SYSTEM 555.15 276170 OVERHEAD DOOR CO. OF MINOT 42.00 276212 IPMA-HR 405.00 276171 PEPSI-COLA BOTTLING COMPANY 1788.12 276030 ISUZU DIESEL MIDWEST 2428.75 276172 PEPSI-COLA BOTTLING COMPANY 1195.05 276213 J.D. POWER 137.00 275980 PEREZ JR., ISRAEL 150.00 276277 JEROMES COLLISION CENTER 1334.86 276173 PETERSON, AARON 393.30 276031 JERRY'S REPAIR & ALIGNMENT 85.00 275981 PKG CONTRACTING, INC. 289831.99 276095 JH MEDICAL SUPPLY 175.27 275982 POST BOARD 270.00 276032 JOB SERVICES OF NORTH DAKOTA 7542.00 275983 PRAXAIR DISTRIBUTION, INC. 29.29 276214 JONASSON, DAN 90.00 275984 PRINGLE & HERIGSTAD, P.C. 1126.15 276033 KADRMAS, LEE & JACKSON (BISMARCK) 6839.00 276273 PRINGLE & HERIGSTAD, P.C. 2975.95 276215 KEVINS AUTO BODY 7036.77 275985 PRINGLE & HERIGSTAD, P.C. 1594.00 276278 KLIMPEL EXCAVATING, INC. 140.00 276174 PROCOLLECT 567.92 276216 KRONSCHNABEL, KELLI 132.18 275986 PROLAWN 565.20 276217 LACAL EQUIPMENT 1112.56 275987 PROTECTION SYSTEMS, INC 300.00 276218 LANDMARK STRUCTURES 214826.50 275988 PROVIDENT LIFE & ACC INS CO 622.00 276034  March 4, 2019 Regular City Council Meeting RAPID FIRE PROTECTION INC 230.50 276219 U.S. FOODSERVICE 2274.68 276055 RAZOR TRACKING INC 6287.50 276096 U.S. FOODSERVICE 2542.95 276249 RDO EQUIPMENT 447.60 276035 U.S. GEOLOGICAL SURVEY 20580.00 276250 RDO EQUIPMENT 326.52 276220 U.S. POST OFFICE 5000.00 276102 REGENT BOOK COMPANY 17.09 276221 ULTEIG 1203.50 276251 ROTELIUK, RONDEL 39.44 276097 UNIFORM CENTER 2049.84 276056 RYAN CHEVROLET INC. 522.58 276222 UNIFORM CENTER 119.98 276252 SANITATION PRODUCTS 2243.38 276036 UNITED MAILING SERVICE 178.53 276057 SANITATION PRODUCTS 24479.95 276223 UNITED MAILING SERVICE 339.03 276253 SATHER, MYRON GENE 20.00 276224 UNUM LIFE INSURANCE COMPANY OF AMER 11594.46 276058 SCHEELS 100.00 276037 UPS STORE #1423 61.07 276059 SECURITY PLUS 105.00 276225 UPS STORE #1423 38.71 276254 SERTOMA CLUB OF MINOT 100.00 276038 VANTAGEPOINT TRANSFER - 30##### 124.19 276104 SHOWCASES 9.94 276226 VANTAGEPOINT TRANSFER - 30##### 124.19 276282 SIMTECH INC 360.00 276039 VERIZON 2395.25 276060 SOURIS BASIN PLANNING COUNCIL 4208.33 276040 VERIZON 281.13 276283 SOURIS RIVER JOINT WATER RESOURCE 1111984.98 276228 WAL MART 10.00 276061 SOUTH CAROLINA DMV 6.00 276041 WAL MART 14.96 276284 SOUTH DAKOTA CHILD SUPPORT 175.87 276099 WANTZ, MACEY 76.30 276062 SOUTH DAKOTA CHILD SUPPORT 175.87 276280 WANTZ, MACEY 4.90 276105 SPENCER, DAVID 1102.50 276229 WARD COUNTY DIVE TEAM 5000.00 276063 STAPLES 219.21 1000004 WARD COUNTY RECORDER 20.00 276064 STATE WATER COMMISSION 900526.78 276042 WARD COUNTY RECORDER 20.00 276065 STATE WATER COMMISSION 34314.42 276230 WARD COUNTY RECORDER 20.00 276066 STEIN'S INC. 64.00 276043 WARD COUNTY RECORDER 132329.60 276106 STEVICK BUSINESS SPECIALTIES & WEAR 195.00 276044 WARD COUNTY RECORDER 20.00 276286 STEVICK BUSINESS SPECIALTIES & WEAR 7213.00 276233 WARD COUNTY TREASURER 18851.04 276069 STEVICK, VERN 413.33 276045 WATER ACCOUNT REFUNDS 50.00 275904 STRANDEMO, COLE 203.50 276234 WATER ACCOUNT REFUNDS 18.46 275908 STREICHER'S 350.00 276046 WATER ACCOUNT REFUNDS 40.90 275929 SUN LIFE FINANCIAL 46.50 276047 WATER ACCOUNT REFUNDS 107.56 275959 SUNDRE SAND & GRAVEL, INC. 2753.63 276048 WATER ACCOUNT REFUNDS 20.72 275989 SUNDRE SAND & GRAVEL, INC. 12695.25 276235 WATER ACCOUNT REFUNDS 1276.24 276088 SUNRISE DELIVERY 212.00 276049 WATER ACCOUNT REFUNDS 9.12 276103 SUNRISE DELIVERY 212.00 276236 WATER ACCOUNT REFUNDS 10.00 276132 SUPERPUMPER 20.00 276237 WATER ACCOUNT REFUNDS 72.03 276176 SWANSTON EQUIPMENT 275.33 276050 WATER ACCOUNT REFUNDS 2.30 276255 SWANSTON EQUIPMENT 9611.87 276238 WATER ACCOUNT REFUNDS 50.00 276267 THATCHER COMPANY OF MONTANA 10227.14 276240 WATER ACCOUNT REFUNDS 107.09 276279 THE VIEW 25.00 276100 WESTLIE FORD 121.97 276070 THOMSON REUTERS 407.00 276241 WESTLIE FORD 112.22 276256 THOMSON REUTERS-WEST PAYMENT CENTER 252.00 276242 WESTLIE TRUCK CENTER 407.41 276071 TIMOTHY, SCOTT 90.00 276051 WESTLIE TRUCK CENTER 1000.79 276257 TITAN MACHINERY 491.68 276052 WHITESELL, STEVE 27.96 276258 TITAN MACHINERY 60.60 276243 WILLIAM E. YOUNG CO., INC 1346.04 276259 TOTALFUNDS 395.49 276244 WILLIAMS, AARON 392.08 276072 TRAFFIC CONTROL CORPORATION 8460.00 276053 WORKFORCE SAFETY & INSURANCE 168548.05 276290 TRANSUNION 152.20 276245 WORLD TRADE PRESS 210.00 276260 TRANSUNION 40.00 276246 WSI CLAIM 1196.84 276073 TRILLION AVIATION 2372.71 276247 WSI CLAIM 250.00 276261 TRINITY MEDICAL GROUP 97.50 276248 XEROX CORPORATION 131.42 276074 TX CHILD SUPPORT SDU 318.46 276101 XEROX CORPORATION 1118.80 276262 TX CHILD SUPPORT SDU 318.46 276281 TYLER TECHNOLOGIES, INC 136500.00 276054 TOTAL: $4,786,995.96 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 61,993.66 Water Distribution 37,655.42 Sewer 23,643.58 Utility Billing 6,772.42 Replacement 9,013.75 Public Transportation 5,679.33 Library 6,693.83 Auditorium/Recreation 16,821.34  March 4, 2019 Regular City Council Meeting Total Transferred $ 261,651.75 ELECTRONIC PAYMENTS AFLAC 28,862.76 BCBS 351,516.76 Federal Tax Withholding 340,401.26 State Income Tax Sales and Use Tax 2,593.12 ND State Disbursement 7,804.74 Deferred Comp 17,250.59 Verendrye Electric 56,687.64 Xcel 141,548.25 MDU 39,225.74 Wells Fargo Credit Cards 123,789.21 Verizon 0 Credit Card Payments 459.27 Mass Mutual 82,803.16 Credit Card Fees 149.90 Discovery Benefits 10,989.34 Stop Payment 25.00 NDPERS Pension 16,690.87 SRT 9,966.70 Total $1,230,764.31 Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. APPROVAL OF PAYROLL – JANUARY 20, 2019 THROUGH FEBRUARY 16, 2019 - APPROVED Alderman Jantzer moved the City Council approve the payroll for the period of January 20, 2019 through February 16, 2019 in the amount of $2,119,799.03. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ADMINISTRATIVE APPROVALS – APPROVED Alderman Jantzer moved the City Council ratify the following administratively approved requests. 1. Mule Deer Foundation to conduct a raffle March 2, 2019 at the Grand Hotel (1505 North Broadway) 2. Minot Public School Foundation to conduct a raffle March 14, 2019 in downtown Minot 3. 1 II V Motorcycle Club to conduct a raffle October 23, 2019 at the Ranger Lounge (1218 South Broadway) 4. Minot State University Women’s Hockey to conduct a raffle March 25, 2019 at MAYSA Arena (2501 Burdick Expy West) 5. Knights of Columbus Council 9839 to conduct a raffle May 5, 2019 at Little Flower Catholic Church (800 University Ave West) 6. Ward County Historical Society to conduct a raffle April 12, 2019 at Sleep Inn (2400 10th St SW) 7. The Tap Room for a special event permit February 22, 2019 at The Parker (21 1st Ave SE)  March 4, 2019 Regular City Council Meeting 8. The Tap Room for a special event permit March 21, 2019 at Prairie Federal Credit Union (1430 South Broadway) 9. Arny’s 2.0 for a special event permit April 4, 2019 at Northwest Arts Center Minot State University (500 University Ave West) Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5352- AMEND THE ANNUAL BUDGET- CHIP SEALING CEMETERY ROADS – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5352 on second reading to amend the 2019 annual budget to allocate $50,000 of unused sales tax improvements reserves to the 2019 Cemetery budget. Motion seconded by Alderman Pitner and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5352 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Wolsky; nays: none. ORDINANCE NO. 5353- AMEND CHAPTER 23-61 TO PROVIDE EXCEPTION TO PROHIBITION ON DISCHARGING FIREARMS WITHIN CITY LIMITS – SECOND READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5353 on second reading amending Section 23-61 of Division 1, Article IV, Chapter 23 of the City of Minot Code of Ordinances to allow the Minot International Airport to use a firearm to reduce wildlife hazards at the Airport; and authorize the Mayor to sign the Ordinance. Motion seconded by Alderman Pitner and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5353 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. FINAL PAYMENT- LIBRARY EXTERIOR (LIB024) – APPROVED Alderman Jantzer moved the City Council approve the final payment in the amount of $23,507 to Rolac Contracting, Inc. for the completion of their work on the Library Exterior. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. PURCHASE OF 2019 ADA COMPLIANT BRAUN ENTERVAN (BUS037) Alderman Jantzer moved the City Council authorize staff to purchase a 2019 ADA Compliant Braun Entervan via the State contract, to replace the 2016 Braun Entervan that was damaged beyond repair in an accident. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5360 – AMEND THE 2019 ANNUAL BUDGET- VAN PURCHASE (BUS037) – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5360 on first reading to amend the 2019 annual budget to increase the equipment purchases revenues and expenditures for the purchase of an ADA Compliant Braun Entervan. Motion seconded by Alderman Pitner and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no.5360 on first reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. STORM SEWER DISTRICT 123 – 10TH STREET SW – ENGINEERING SELECTION (4393)  March 4, 2019 Regular City Council Meeting Alderman Jantzer moved the City Council select Ackerman-Estvold to perform all consulting engineering for Storm Sewer District 123, 10th Street SW, authorize the City Engineer to negotiate a scope and fee for services, and authorize the Mayor to sign the contract. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3611 - STORM SEWER DISTRICT 123 – 10TH STREET SW – APPROVED Alderman Jantzer moved the City Council adopt resolution no. 3611 authorizing the use of refunding improvement bonds in order to preserve the option of the City to finance the costs of Storm Sewer District 123, 10th Street SW, with tax-exempt obligations. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. DEPOSIT PLACEMENT AGREEMENT – APPROVED Alderman Olson moved the City Council approve the Deposit Placement Agreement with First Western Bank. Motion seconded by Alderman Straight. Tore Maras-Lindeman, resident of Minot, asked who decided to use First Western Bank. The Finance Director explained, this agreement is for an account that is already in place and is used daily for cash transactions. Because the amount of money in that account exceeds the FDIC limit of $250,000, First Western Bank is required to either pledge securities or come up with another mechanism that guarantees those funds. A recent change from the legislature approved these types of programs instead of pledging securities. First Western Bank proposed this service and in exchange the City gets a better return on funds that are held at the bank. He said, his assumption is that we will see more of these regarding funds that we have in other institutions within Minot. He explained that this service essentially farms out deposits to other banking institutions. The City can provide a list of institutions that we don’t wants funds going to, to avoid exceeding the $250,000 cap so it is a service that bundles deposits to stay under the limit. Alderman Wolsky asked about the rate of return, to which Mr. Lakefield responded by saying, it is variable but the assumption is that we will be about 25 to 50 basis points. It depends on the rate of return they get to farm these out to other institutions as well. Alderman Wolsky asked about the policy change that lead to the ability to do this. Mr. Lakefield said, this particular case originated with First Western. He said, he believes this is the direction other banking institutions will start moving toward with public funds. Maintaining the pledge of securities is cumbersome for them and this makes the process more streamlined, hence the greater rate of return. Alderman Podrygula asked about increased risk to which Mr. Lakefield responded by saying, the higher rate of return is on efficiencies of investing the money. Currently, the banking institution has to manage the deposits and it has to be held at 110% of what we actually have. These companies have figured out a way to do that efficiently and pass on those cost savings. Alderman Wolsky commented that it appears we are exchanging a local pledge guaranteeing these dollars and deferring it to the Federal government. Because the money is being spread out to multiple institutions to avoid reaching the threshold, the Federal Government becomes the guarantor. He questioned if we have more faith in the federal government than in our local institutions. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. CITY HALL RETAINING WALL – ENGINEERING SELECTION (4398) – APPROVED Alderman Olson moved the City Council select KLJ to perform all consulting engineering for the City Hall Retaining Wall, authorize the City Engineer to negotiate a scope and fee for services and authorize the Mayor to sign the contract. Motion seconded by Alderman Jantzer.  March 4, 2019 Regular City Council Meeting Alderman Wolsky raised concerns that the scope of the project was too limited and said he believes the sloped wall is stable. Alderman Wolsky moved to amend the motion to advise the City Engineer to negotiate with the consulting engineering firm to first evaluate the cost of alternatives to replacing the facing with a wall. Motion seconded by Alderman Podrygula. Alderman Straight suggested instead of using the $1.4 million for the retaining wall, use that money toward a new City Hall. He said, however, he understands the building would still be used for the Police Department and Council Chambers. Alderman Olson said, she sat on the selection committee for choosing an engineering firm and listened as they presented other options. The firm that was selected presented other options but this was the recommendation that would be the most efficient choice long term. The City Engineer explained, they can continue to study the issue but there is a cost associated. They can replace the covering with another rip rap but cannot guarantee it will last. There are similar walls around Minot that have failed and it depends on groundwater and soil conditions. Even if City Hall is relocated, we will not be vacating the building and it affects the Auditorium. There is a need for additional parking which will be a benefit to the Auditorium when tournaments and events take place. A retaining wall system will be an overall benefit for the facility and will outlast a replacement covering. Upon questioning by Alderman Podrygula regarding additional engineering costs and the effect of delays in the project, Mr. Meyer said, it would depend on the scope. He said, there are basically three options, we can build the wall, we can do nothing or we can remove and replace. Studying nonconventional options will take time, analysis and testing which then has to be weighed with the impacts to other facilities. He mentioned that in a previous discussion on the issue, Alderman Wolsky suggested sloping the hillside back and planting grass. He said, it can be done but we would lose 3rd Avenue and eliminate the fire lane next to the Auditorium. Alderman Podrygula asked if the engineering firm had already done the analysis and concluded this would be the best option. Mr. Meyer said, the firm listened to the conversation that took place previously and understand they can do another analysis but the likely conclusion is that it will be an inferior alternative to the retaining wall system that was recommended. They briefly looked at other options but they stand behind the recommendation that a retaining wall is the best option. Alderman Wolsky clarified that he assumed the preliminary data that was already collected including geological surveys and borings would be adequate for composing estimates of alternative solutions. He did not expect them to have to collect additional information. Mr. Meyer responded by saying, they should have some of the data they need but there are additional factors, such as testing to the rip rap to see if there is something we can do to prolong the design life, which may require consulting with the geotechnical engineers. Alderman Wolsky then asked what grade of slope would be necessary to accept a vegetative surface. Mr. Meyer said, a 4 to 1 slope is preferred, but a 3 to 1 slope would be acceptable, anything less cannot be maintained. The steeper the slope, the higher potential for erosion from rainwater. Alderman Wolsky asked about a slope of native grass that doesn’t require maintenance. Mr. Meyer said, native grasses are still not maintenance free and take time to establish growth. For the most part, a retaining wall will not require maintenance other than initially checking seals. Alderman Straight asked about the slope of walls 3 & 4 and if they are the same as 1 & 2. Mr. Meyer explained, the other walls have a gentler slope and are not as high as 1 & 2 so the soil pressure behind them isn’t as great. Wall 2 is interesting because of the serpentine shape and wall 1 is difficult because of the cooling equipment located there. Walls 1 & 2 are a priority because of the infrastructure but 3, 4, & 5 will need to be addressed at some time in the future. Alderman Pitner asked the City Engineer to elaborate on why alternatives were not considered. He asked if those options would result in higher costs. Mr. Meyer said, the costs of a slope would be lower but there is a tradeoff. He said, doubling the horizontal distance would push well into 3rd Avenue and be very close to the Auditorium. Alderman Straight asked the City Manager to discuss the agreement with the Parks District regarding the Auditorium. Mr. Barry said, they are contemplating a 20-year lease of the facility to the Park District. Both entities will cooperate on maintenance but the asset will remain owned by the City. We want to ensure the facilities are used in beneficial ways to enhance services. The City has an obligation to maintain the infrastructure and investments here even with the contemplation  March 4, 2019 Regular City Council Meeting of the lease agreement. If the Parks District ends up buying or taking over the facilities in the future, we would have to see what point we are at in that point in time. Alderman Wolsky stated, the report that was provided in 2016 did not investigate alternatives but only considered different wall types and additional parking. Before making a commitment, he wants to see other alternatives. He calculated that for a $1.4 million project, it equates to $28,000 per parking space and he is not willing to pay that rate for additional parking. He said, he would prefer to consider sacrificing a portion of the Auditorium parking lot or closing the avenue access to the lower parking lot if it saves money. Mayor Sipma said, he looks at traffic flow and for events like the basketball tournaments that take place at the Auditorium, it would be a mistake to cut off access in and out. During the recent Championship Basketball game all nearby parking lots were full. He said, if we are hoping to grow the activities and the uses of the Auditorium, he doesn’t quantify it as dollars per parking space, he is quantifying it as what it means for the future. He is concerned about the assets we are protecting at the Auditorium and at City Hall. He also said, this project has been delayed for numerous years and should not be delayed anymore. A vote was taken on the amendment by Alderman Wolsky and failed by the following roll call vote: ayes: Straight, Wolsky; nays: Jantzer, Olson, Pitner, Podrygula, Sipma. Alderman Straight said he does not enjoy spending all of these dollars but he understands the need to protect our assets. Alderman Podrygula said it is reasonable to follow through with walls 1 & 2 but maybe we could look at another approach for 3, 4, and 5. Due to the topographical constraints, he does not see a better solution. Whereupon a vote was taken on the above motion by Alderman Olson seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5361 – AMEND CHAPTER 24 OF THE CMCO DUE TO MERGER MINOT RECREATION DEPARTMENT WITH MINOT PARK DISTRICT – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5361 on first reading amending Sections 24-2 (Definitions), 24-31(A) (Composition of Civil Service) and adding Section 24-41(F) (Filling Vacancies) of the City of Minot Code of Ordinances. Motion seconded by Alderman Straight and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5361 on first reading. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3612 - EMINENT DOMAIN- 805 2ND AVENUE NE – APPROVED Alderman Olson moved the City Council adopt resolution no. 3612 authorizing the commencement of Eminent Domain Proceedings for 805 2nd Avenue NE. Motion seconded by Alderman Pitner. Tore Maras-Lindeman, of 11th Street NW came forward and asked about the ordinance that was passed in the previous motion and whether the citizens voted on it. Mayor Sipma explained that the item is no longer for discussion but that the Council was elected to take that type of action. She then went on to discuss the MakeMinot campaign and the number of members on the City Council. She brought up Chapter 12 ½ of the Code of Ordinances and claimed that it gave the Council the authority to take anyone’s house for the use of parks or recreation. She said it is unacceptable. The Mayor explained that she was out of the context of the item in question. Ms. Maras-Lindeman continued to describe the family that would be displaced as a result of eminent domain. She claimed there is a pending Federal case behind it but would maintain her journalistic integrity and not share their information. She asked what the City is offering for the house. Mr. Zakian, NDR Program Manager, explained that there is a limited ability to use eminent domain by the North Dakota Century Code and the Uniform Relocation Act which governs all Federal grant programs. The properties listed here have been reviewed and vetted by HUD and have been found to be compliant. The City has attempted to negotiate a purchase price with the property owners of all three properties listed but have reached an impasse. We have not reached an agreement between what they want to sell it for and what we can justify to the Federal Government as being cost effective and efficient with the use of tax payer money. It is our obligation as the stewards of taxpayer money to be sure it is used in a prudent and  March 4, 2019 Regular City Council Meeting efficient manner. He also said, even after eminent domain is authorized, there is still an opportunity to negotiate with the property owners. He pointed out, there is very limited strict ability for any municipality to use eminent domain to acquire property and there is not a vast array of uses for the property. One of the distinct public purposes in which eminent domain is allowed is for flood control projects that have been planned and designed to mitigate if not eliminate flood experiences similar to what took place in 2011. Ms. Maras-Lindeman asked for an explanation as to how the City can offer crumbs to a family for their home when they did nothing but buy the house. She said, the City is not helping them and the citizens of Minot are not advocating for them. She said, it is unfair they should pay on a mortgage for a house that is no longer theirs because the City took it to build a green patch. Mayor Sipma asked Mr. Zakian to explain the process that proceeds eminent domain. Mr. Zakian responded by saying, the USACE, SRJB and the City have deemed it necessary to acquire these three properties in order to continue long term flood control to preserve and protect this City from having another flood experience. All property owners are provided a fair price for their property that is justifiable and cost effective to HUD and other Federal agencies. They are also provided with relocation benefits if necessary, to make sure they have the opportunity to stay within the city of Minot and to purchase another home. He then explained that the property owners were notified more than a year ago of the need for these properties to be acquired for critically needed flood projects. Under the rules we are obligated to function under, we have to do two independent appraisals, by appraisers licensed in the state of North Dakota. They review the appraisals and have to reach an agreement on the value. A third administrative review is done internally with the City to make sure the value set and the process followed is consistent with the federal statute. They then make an initial offer to the property owner, who then has sufficient time to make a counteroffer. They can go back and forth until they reach a point where there is too far a gap between the values than can be justified as being a cost-effective use for the federal monies. At that point, they can resort to eminent domain. It has happened where the parties have successfully reached an agreement before having to go to court. Even at court, they are given a fair and equitable hearing before a decision is made. Alderman Straight made a point to say that his uncle will likely be involved in the eminent domain process but will receive no favoritism due to his relation to a Council member. Alderman Pitner said, he sat on the appeals committee and can attest to the stressful and sometimes contentious process that takes place. He said, however, there is a diligent process that is followed. He has family that is also involved with the buyout and he trusts that appraisals are done accurately. He said, he works in real estate and understand the value of a house to the homeowner is primarily emotional. He said the property owners have rights and are protected to make sure they get a fair opportunity. Whereupon a vote was taken on the above motion by Alderman Olson seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3613 – EMINENT DOMAIN- 303 6TH STREET NE – APPROVED Alderman Olson moved the City Council adopt resolution no. 3613 authorizing commencing Eminent Domain Proceedings for 303 6th Street NE. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. RESOLUTION NO. 3614 – EMINENT DOMAIN- 208 6TH STREET NE – APPROVED Alderman Olson moved the City Council adopt resolution no. 3614 authorizing commencing Eminent Domain Proceedings for 208 6th Street NE. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. UNDERWRITING GUIDELINES FOR CDBG-NDR HOUSING PROJECTS – APPROVED Alderman Straight moved the City Council approve underwriting guidelines based on HUD rules and regulations as well as past practices for use in future CDBG-NDR funded LMI housing projects.  March 4, 2019 Regular City Council Meeting Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5362 – ADDING STOP CONTROL TO THE INTERSECTION OF 10TH AVENUE SE AND 2ND STREET SE – FIRST READING – APPROVED Alderman Podrygula moved the City Council place ordinance no. 5362 on first reading adding the intersection of 10th Avenue SE and 2nd Street SE to the list of City Council created traffic restrictions provided for in Section 20-2 of the City of Minot Code of Ordinances; Stop Signs and Yield Signs. Motion seconded by Alderman Pitner and carried unanimously. Alderman Podrygula expressed his support for what seems like a mundane change but, he emphasized, it makes a big difference. He thanked the Engineer for providing such a great graphical presentation and complimented the quality of the data. Alderman Wolsky reminded the City Engineer of a nearby intersection that he believes also has a sight issue. Alderman Podrygula moved the City Council pass ordinance no. 5362 on first reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. LIBRARY MERGER COMMITTEE RECOMMENDATION – APPROVED Alderman Olson moved the City Council Support the Library Merger Committee's continuing work toward implementing a plan to merge the Minot and Ward County Public Libraries; and allow City staff to continue working toward this implementation plan. Motion seconded by Alderman Podrygula. Janet Anderson, Director of the Minot Public Library and Kerrianne Boetcher, Ward County Library Administrator, gave a presentation on the Library Merger Committee’s progress. They gave an overview and displayed graphs depicting the cost savings over the next ten years if a merger took place. Ms. Anderson compared the objectives from the previously adopted resolutions to the enhanced services and expansions that could be done with the merger. She also explained the value of Library services and the return on investment for the citizens who use those services. Mayor Sipma thanked the Committee for their commitment and research for this endeavor. He also commended Alderman Olson for chairing the Committee. Upon questioning by Alderman Jantzer, they stated, the merger would happen if a County-wide election voted in favor of it. Alderman Olson encouraged the Council to approve the motion to move forward. She said, she was impressed by the numbers the Committee concluded in their research. Alderman Podrygula said, there is rarely a time when a group finds a way to enhance services and save money. He commended the group’s effort. Alderman Straight commented that things like this are why Minot is a Hub City. He said, they try to be mindful of the dollars spent and efficiencies gained and Minot is doing the best we can. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. SUB-RECIPIENT AGREEMENT WITH ESSENTIAL LIVING – APPROVED Alderman Straight moved the City Council approve the Sub-recipient Agreement with Essential Living, Inc. to construct 22 twin homes for Low/Moderate Income residents. Motion seconded by Alderman Olson. Alderman Straight said he spoke with Mr. Walker about the project and the importance of infill in the community. He also commented on the demand for housing for vulnerable populations, as mentioned in Mr. Barry’s City Manager Report. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none.  March 4, 2019 Regular City Council Meeting PURCHASE OF NUISANCE HOME – APPROVED Alderman Jantzer moved the City Council approve the purchase of the property located at 1004 3rd Ave NW from Ward County. Motion seconded by Alderman Podrygula. Alderman Podrygula requested a current list of the “zombie” homes and their status as well as listing any road blocks preventing them from moving forward. The Finance Director explained that this particular property was foreclosed by the bank and the City can purchase it for a portion of the back taxes. Some of the “zombie” homes are structurally sound which gives the City no legal reason to demolish them. Upon questioning by Alderman Pitner, Mr. Zakian stated, the properties affected by the flood are eligible as an NDR expense but they are a voluntary acquisition and we cannot use eminent domain to acquire them. Once the property is purchased, the house can be demolished, and he would come back before the Council with a recommendation of what to do with the property. The goal would be to sell the land to get it back on the City’s tax roll. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5363- PURCHASE OF NUISANCE HOME – FIRST READING – APPROVED Alderman Jantzer moved the City Council place ordinance no. 5363 on first reading to amend the 2019 annual budget to increase the Capital Purchases expenditures for the purchase of a property located at 1004 3rd Ave NW to be funded with Demolition cash reserves. Motion seconded by Alderman Podrygula and carried unanimously. Alderman Jantzer moved the City Council pass ordinance no. 5363 on first reading. Motion seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. SNOW PLAN POLICY CHANGE PROPOSAL- REFER TO STAFF FOR REVIEW Alderman Wolsky moved the City Council consider changes to the City’s Snow Removal Plan that include the addition of ‘Arterial Pedestrian’ snow routes and add them to the operational plan. Motion seconded by Alderman Straight. Alderman Wolsky initiated the proposed changes and invited the Public Works Director to share his comments. Mr. Jonasson said, though it is admirable attempt, the proposal presents issues. The only sidewalk addressed is on Broadway but Public Works gets call on a lot of sidewalks besides Broadway. He questioned how they should determine which areas get consideration. He said, with limited staff, prioritizing sidewalks over residential roads causes concerns. It adds time to the response of emergency services. He then showed a map of all of the sidewalks they have to clear and said they have to consider the bigger picture. Alderman Jantzer asked about the current process, to which Mr. Jonasson said, sidewalks are cleared after residential streets. As soon as there is a spare person not needed on a plow, sander, or dozer, they start on sidewalks. The rate of completion averages 72 hours or less. Alderman Podrygula raised concerns about the width of some of the streets and said that seems like a bigger safety concern than sidewalks. He mentioned the bigger issue being resources. Alderman Jantzer said, he does not support the proposal as-is because there are details the Public Works Director needs to work out. Alderman Jantzer moved the City Council refer the proposal back to staff to revise and bring to the next meeting. Motion seconded by Alderman Podrygula. Alderman Pitner said, adding responsibilities will reduce response times.  March 4, 2019 Regular City Council Meeting Alderman Straight brought up another issue by saying, the City provides a bus service but it is a challenge to flag down a bus especially when sidewalks are not cleared. Mayor Sipma commended Alderman Wolsky for bringing up accessibility but said that time is a challenge. Management of assets prioritizes the needs of the many over the needs of the few. Costs of this plan would need to be assessed before approving. Alderman Wolsky explained that an issue was presented and he is happy to start the conversation to find a solution. He said, he would like to see this prioritized but would not support spending more money. He suggested they consider BID districts to take care of the sidewalks for property owners on Broadway. He also said, there are cities who restrict on street parking entirely and we should be more aggressive about on street parking. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. CONTRACT FOR PLANNING CONSULTING SERVICES – APPROVED Alderman Wolsky moved the City Council approve the contract for consulting services with SRF Consulting Group, Inc. for planning consulting services to assist in a comprehensive update to the Minot Zoning Ordinance. Motion seconded by Alderman Pitner. Tyler Neether, Vice Chairman of the Zoning Ordinance Steering Committee, said, they have discussed the proposal and are on board. He said, the Committee has made progress with their revisions but there are still issues to address and they do not have the manpower to do it. Alderman Straight thanked the Committee for their continued work and said the builders appreciate the effort. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5364 - CONTRACT FOR PLANNING CONSULTING SERVICES – FIRST READING – APPROVED Alderman Wolsky moved the City Council place ordinance no. 5364 on first reading to amend the 2019 annual budget to increase the Planning Department professional service contracts expenditures to be funded with cash reserves. Motion seconded by Alderman Pitner and carried unanimously. Alderman Wolsky moved the City Council pass ordinance no. 5364 on first reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma, Straight, Wolsky; nays: none. PRESENTATION- DRAFT CAPITAL IMPROVEMENT PLAN (4365) Lance Meyer, City Engineer, prepared a presentation to describe the Capital Improvement Plan 2019-2023. He said, the entire 154-page document took about 700-800 hours of staff time and he thanked key personnel for their effort. Mr. Meyer explained that the City has been producing CIP documents for decades to display the capital needs of the city and assign funding sources to those needs. The Council recently asked for a more detailed CIP and additional data was desired. He described the methods that were used to quantify and rank projects based on criteria each department established. The new CIP format is intended to give the council, engineers, developers, builders, and interested citizens the information they need to make decisions for growth and development of the City. Since this is the first year in the new format, staff will be listening for feedback to improve the document in future years. He concluded by saying, the document is available for the Council’s review and staff is available to answer questions. He will request formal adoption of the CIP at next month’s City Council meeting. The Council expressed their gratitude for the monumental improvements to the CIP. MISCELLANEOUS AND DISCUSSION Alderman Podrygula said, he would like to discuss an article on climate change in North Dakota. He gave the article to the City Clerk to distribute for the next meeting.  March 4, 2019 Regular City Council Meeting Mayor Sipma said, he appreciated the decorum of the Council during the passionate discussions that took place. He reminded everyone that Council meetings offer equal opportunity for citizens to share opinions but need to maintain order and respect. This is not a platform for misinformation and grandstanding will not be tolerated. ADJOURNMENT There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Pitner and carried unanimously. Meeting adjourned at 8:32 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Shaun Sipma, Mayor