City Council

November 16, 2020 Regular City Council Meeting MINOT CITY COUNCIL – SCHEDULED MEETING – NOVEMBER 16, 2020 AT 5:30 P.M. ROLL CALL Members Present: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma Members Absent: None PLEDGE OF ALLEGIANCE Mayor Sipma presiding and led the City Council in the Pledge of Allegiance AMEND THE AGENDA – APPROVED Alderwoman Evans moved the City Council amend the agenda, addressing item 4.2, Employee Recognition, as the next item followed by a COVID update. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. EMPLOYEE RECOGNITION Mayor Sipma recognized Shawn Danielson, a City Sanitation Driver, for being awarded the Public Safety Hero of the Year by Safe Fleet/Fleetmind. He said he was nominated for his exceptional driving record and commitment to serving the community. He then presented Mr. Danielson with a check for $1,000, a certificate, and the Mayor’s coin. COVID-19 UPDATE Lisa Clute, Director of First District Health Unit, provided the Council with statistics for Ward County. There has been a total of 6,208 cases, 1,370 currently active, as well as 95 deaths. The 14-day positivity rate is 25.2%. There are 4,743 recovered, meaning no longer contagious. There are 79 positive cases among long-term residents and 70 positive staff members at long- term facilities. Hospitalizations have increased dramatically and Trinity is doing what they can to increase capacity. The primary issue is not the number of beds, but rather available staff. Trinity continues to test symptomatic patients and First District Health Unit is providing asymptomatic testing and testing at MSU twice a week. The Governor issued an Executive Order on Friday night and they are still reviewing the best ways to implement it. First District has communicated information to businesses who hold licenses through them. The guidance from the Governor suggests event planners submit a COVID-19 Preparedness and Safety Plan to First District Health Unit to review before holding events. They are providing guidance to event planners but it is up to them what to do with the information. Protocols are still being established. She said that a vaccine looks promising. Trials conducted with a vaccine from Pfizer have demonstrated a 90% effectiveness rate and the vaccine from Moderna has a 94.5% effectiveness rate. They are anticipating 21,000 doses will be provided in the first couple weeks of December. First District Health Unit will receive about 1,500 of those doses which will be distributed through registered COVID vaccine providers. The second dosage will not require the cold temperature storage making it easier to transport. Vaccines will be distributed to priority groups first, including medical staff and first responders. She addressed concerns relating the virus to the flu by saying, in 2018, there were 172 flu deaths, in 2019, there were 157 and in 2020, 145 flu deaths. By October, there have been 571 COVID deaths and they are projecting it will exceed the flu substantially. She mentioned that funeral homes are overwhelmed but doing what they can. Alderwoman Olson asked about a statistic circulating, saying that the mask mandate could save 250 lives. Ms. Clute said she does not know where the information came from but she would assume they used a formula based on the current rate of deaths in North Dakota.  November 16, 2020 Regular City Council Meeting Alderman Ross asked when the citywide mask mandate which was implemented about four weeks before, would begin to demonstrate effectiveness. Ms. Clute said, it is dependent on how uniformly it was adopted. There would probably be a four to five week delay to account for close contacts. Alderwoman Olson asked Ms. Clute to describe their recommendations for the holidays. Ms. Clute responded by saying, people should limit group sizes and come up with creative ways to celebrate. She emphasized the need to make good decisions and said that individuals should find ways to mitigate personal risk. The Mayor said the Governor issued the Executive Order to the press on Friday night before releasing the information to the state’s Mayors. Some of the issues outlined in the order need to be better defined and methods of implementation and enforcement need to be determined. He said there should hopefully be more information the following day. SUBDIVISION OF THE BLUFFS 15TH ADDITION – APPROVED Alderwoman Olson moved the City Council approve a subdivision plat to create a new subdivision from Lot 24, Block 1, The Bluffs Addition and Lot 5, The Bluffs 11th Addition, with the intention of selling a portion of Lot 5 to his neighbor. The resulting lots will be known as Lots 1 & 2, The Bluffs 15th Addition. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. SUBDIVISION OF THE BLUFFS 16TH ADDITION – APPROVED Alderwoman Olson moved the City Council approve a subdivision plat to consolidate Lots 33 & 34, Block 1, The Bluffs Second Addition and Lot 26, The Bluffs 7th Addition, into two new lots to be known as Lots 1 & 2, The Bluffs 16th Addition. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. SUBDIVISION OF JOHNERSON'S 2ND ADDITION – APPROVED Alderwoman Olson moved the City Council approve a subdivision plat to replat Lot 6, Johnerson’s Subdivision of Lots 8, 9 & 10 of Hecker’s Second Addition to include an adjacent abandoned alleyway. The resulting property will be known as Lot 1, Johnerson’s 2nd Addition. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. RESOLUTION NO. 3676 - CONDITIONAL USE PERMIT - PRAIRIE GREEN ADDITION N 100' OF LOT 25– APPROVED Alderwoman Olson moved the City Council adopt resolution no. 3676 for a Conditional Use Permit to operate a doggie daycare at 3001 7th Street SW. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PUBLIC HEARING: OUTLOT 1, SECTION 10-154-83 The City Council held a public hearing to consider a request from Brad Abel, to plat an outlot from an unplatted portion of the NE ¼ NE ¼ of Section 10-154N-83W, to be known as Outlot 1 of Section 10-154N-83W and to rezone the resulting property from AG, “Agricultural District” to P, “Public” for a family cemetery for private use. Additionally, the Future Land Use Map of the Comprehensive Plan is going to be amended from “Rural/Agricultural” to “Cemetery.” No one appeared on behalf of the request. Alderman Pitner moved the City Council close the public hearing and approve the requests. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none.  November 16, 2020 Regular City Council Meeting ORDINANCE NO. 5544 – REZONING OUTLOT 1, SECTION 10-154-83 FROM AG TO P – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5544 on first reading to change the zone from AG “Agricultural District” to P “Public” on NE ¼ NE ¼ of Section 10-154N-83W. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5544. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. RESOLUTION NO. 3677 – AMEND THE COMPREHENSIVE LAND USE MAP- OUTLOT 1, SECTION 10-154-83 – APPROVED Alderman Pitner moved the City Council adopt resolution no. 3677 to amend the Comprehensive Land Use Map from “Rural/Agricultural” to “Cemetery” on NE ¼ NE ¼ of Section 10-154N-83W. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. OUTLOT PLAT OF OUTLOT 1, SECTION 10-154-83 – APPROVED Alderman Pitner moved the City Council approve an outlot plat from an unplatted portion of the NE ¼ NE ¼ of Section 10- 154N-83W for a family cemetery for private use. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PUBLIC HEARING: HIGHLANDER ESTATES 2ND ADDIITON, LOTS 1,2,4 & 8 The City Council held a public hearing to consider a request by Blue Ridge Properties, LLC & Highlander Office Park, LLC, applicants, to rezone Lots 1, 2, 4, & 8, Highlander Estates 2nd Addition from C1, “Neighborhood Commercial District” to C2, “General Commercial District.” Additionally, the applicants are also applying for a Conditional Use Permit on Lot 8 for a carwash. No one appeared on behalf of the request. Alderman Pitner moved the City Council close the public hearing. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5545 – REZONE HIGHLANDER ESTATES 2ND ADDITION, LOTS 1, 2, 4, & 8 – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5545 on first reading to rezone Lots 1, 2, 4, & 8, Highlander Estates 2nd Addition from C1, “Neighborhood Commercial District” to C2, “General Commercial District.” Motion seconded by Alderwoman Olson and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5545 on first reading. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. RESOLUTION NO. 3678 – CUP- HIGHLANDER ESTATES 2ND ADDITION, LOT 8 – APPROVED Alderwoman Olson moved the City Council adopt resolution no. 3678 for a Conditional Use Permit on Lot 8 Highlander Estates 2nd Addition for a carwash. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Podrygula, Ross, Sipma; nays: none; Abstain: Pitner PUBLIC HEARING: OTL15 NE1/4 S26-156N-83W  November 16, 2020 Regular City Council Meeting The City Council held a public hearing to consider a request by Blake & Pamela McKay, to plat a new outlot to include all of Outlot 13 and a portion of the unplatted NE ¼ of Section 26-156N-83W into a new outlot to be known as Outlot 15 of NE ¼ Section 26-156N-83W, for the purpose of installing new rows of trees around the outside perimeter of property. The resulting property is going to be rezoned from AG, “Agricultural District” and RA, “Agricultural Residential District” to just RA, “Agricultural Residential District.” No one appeared on behalf of the request. Alderman Pitner moved the City Council close the public hearing and approve the requests. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5546 – REZONE OTL15 NE1/4 S26-156N-83W FROM AG AND RA TO RA – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5546 on first reading to rezone Outlot 15 of NE ¼ Section 26- 156N-83W from AG, “Agricultural District” and RA, “Agricultural Residential District” to just RA, “Agricultural Residential District.” Motion seconded by Alderwoman Olson and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5546 on first reading. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. OUTLOT PLAT OF OTL15 NE1/4 S26-156N-83W – APPROVED Alderman Pitner moved the City Council approve a new outlot plat to include all of Outlot 13 and a portion of the unplatted NE ¼ of Section 26-155N-83W to be known as Outlot 15 of NE ¼ Section 26-156N-83W, for the purpose of installing new rows of trees around the outside perimeter of property. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5547 – ZONING ORDINANCE TEXT AMENDMENT CHAPTER 20 - FLOOD PROTECTION REQUIREMENTS – FIRST READING – APPROVED Alderwoman Olson moved the City Council place ordinance no. 5547 on first reading to amend Chapter 20 of the Minot Zoning Ordinance. Changes include formatting adjustments, clarifying language surrounding structural equipment such as heating, plumbing, and ventilation systems to be elevated at least one foot above base flood elevation, and the addition of a severability clause. Motion seconded by Alderman Jantzer and carried unanimously. Alderwoman Olson moved the City Council pass ordinance no. 5547 on first reading. Motion seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. CITY COUNCIL MINUTES – APPROVED Alderman Ross moved the City Council approve the minutes of the November 2, 2020 regular City Council meeting and the minutes from the November 5, 2020 special City Council meeting. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5540 - AMEND LIBRARY BUDGET TO INCLUDE CARES ACT FUNDS (LIB037) – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5540 on second reading amending the 2020 annual budget to increase the Library revenue and expenditures for the CARES Act grant through HND for the purchase of COVID-related supplies, Take & Make program supplies and other expenses related to COVID-19. Motion seconded by Alderman Pitner and carried unanimously.  November 16, 2020 Regular City Council Meeting Alderman Ross moved the City Council pass ordinance no. 5540 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5541 – AMEND THE 2020 ANNUAL BUDGET – USDOJ – OJP FY2020 BULLETPROOF VEST PARTNERSHIP GRANT – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5541 on second reading amending the 2020 annual budget to increase the Police department operation supplies revenues and expenditures for the FY2020 US Department of Justice Bulletproof Vest Grant. Motion seconded by Alderman Pitner and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5541 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5542 - CP RAIL MAIN ST CROSSING UPGRADE FINAL PAYMENT (4384) – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5542 on second reading amending the 2020 annual budget to increase the street department expenditures for the final payment for the updating of the CWT at the CP railway crossing on Main St N, which will be funded with General Fund reserves. Motion seconded by Alderman Pitner and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5542 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5543 - REPORTING STRUCTURE – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5543 on second reading amending the City of Minot Code of Ordinances to modify the reporting structure of City officers. Motion seconded by Alderman Pitner and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5543 on second reading. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2021 MEETING SCHEDULE- CITY COUNCIL & PLANNING COMMISSION – APPROVED Alderman Ross moved the City Council approve the 2021 meeting schedule. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. FINAL PAYMENT – 30TH AVE GRAVITY SEWER PHASE 2 (PROJECT - 3490.6) – APPROVED Alderman Ross moved the City Council approve final payment in the amount of $95,358.29 to be paid to Dakota Underground Specialties for 30th Ave Gravity Sewer Phase 2. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. GAMING SITE AUTHORIZATION- PRAIRIE GRIT ADAPTIVE SPORTS – APPROVED Alderman Ross moved the City Council approve the gaming site authorization for Prairie Grit Adaptive Sports to install pull tabs at Off the Vine (15 Main Street S). Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. UPDATE OF THE LIMITED ENGLISH PROFICIENCY PLAN FOR TITLE VI – APPROVED Alderman Ross moved the City Council approve the statistical update of the Limited English Proficiency Plan (LEP) as required for compliance with Title VI; and further, authorize the Mayor to sign the document on the City’s behalf.  November 16, 2020 Regular City Council Meeting Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. VOICE PRODUCTS SERVICE, LLC SERVICE CONTRACT – APPROVED Alderman Ross moved the City Council approve the service contract with Voice Products Service, LLC and authorize the Chief of Police to sign the service contract. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. USGS RIVER MONITORING AGREEMENT FOR 2021 – APPROVED Alderman Ross moved the City Council grant approval of the standard joint funding agreement with the USGS for operation of two (2) water quality gauges on the Souris River and authorize the Mayor and Public Works Director to sign the agreement. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. RENAISSANCE ZONE CASE NO. 79, FINAL APPROVAL, NORSK BROTHERS – APPROVED Alderman Ross moved the City Council grant final approval of an application for a Renaissance Zone Project filed by Norsk Brothers for a five-year property tax exemption, including improvements, but not for land and for a five-year business income tax exemption on the property located at 18 2nd Street NE (Minot’s 1st Addition, Lot 12, Block 31). Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. MASK USAGE RESOLUTIONS – APPROVED Alderwoman Olson moved the City Council extend the expiration of the following resolutions until the underlying state of emergency ends, unless either Resolution is modified or terminated sooner by the City Council: (1) resolution adopting a temporary employment policy regarding mask usage; and (2) resolution adopting a temporary policy requiring visitors to wear masks while in City buildings. Motion seconded by Alderwoman Evans. Alderwoman Olson wondered if the resolutions were affected by the Governor’s recent Executive Order issuing a statewide mask mandate. Mr. Lakefield responded by saying, one of the resolutions addresses the City employee policy and how issues with employees would be handled. The resolution adopting the policy for visitors to City buildings is duplicative but it could extend past the December 14th expiration of the Governor’s Executive Order. Mayor Sipma also elaborated on the differences between prosecution of the City mask mandate compared to the Governor’s Executive Order. Alderman Ross asked Chief Klug to comment on the Sheriff’s Departments who have said they will not enforce the order. Chief Klug stated, he is prepared for direction from City Council but at this time, education is the number one priority. If an issue arises, they will make sure the order is understood and ask the person to comply. if necessary, staff has been directed to issue written warnings. District Court has confirmed that a guilty plea will result in a $50 fine. Otherwise, an infraction could be subject to a fine up to $1,000. He said, it is an order from the Governor and it is their job under State law to enforce it and enforce it fairly. Upon further questioning he said, they have not issued any citations yet. Whereupon a vote was taken on the above motion by Alderwoman Olson, seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PUBLIC HEARING: RENAISSANCE ZONE CASE NO. 95, CONDITIONAL APPROVAL, TITA INC. – FAILED  November 16, 2020 Regular City Council Meeting The City Council held a public hearing to consider a request by TITA, LLC, represented by Mr. Gabriel Holt, to construct a new building located at 619 North Broadway, which has been unoccupied for several years. TITA is requesting a five-year property tax exemption, including improvements. No one appeared on behalf of the request. Alderwoman Olson moved the City Council close the public hearing and grant conditional approval of an application for a Renaissance Zone Project filed by Gabriel Holt for a five-year property tax exemption, including improvements on the property located at 619 N. Broadway (Tita’s 2nd Addition, Lot #1). Motion seconded by Alderman Podrygula. Alderwoman Evans asked Mr. Billingsley to provide an overview of the Renaissance Zone Program. Mr. Billingsley stated, the program has been in place for about 20 years to improve older properties in Minot and they have had almost 100 applications. Several buildings have been rehabbed in downtown and take advantage of the benefits. He explained that the criteria for a Renaissance Zone application does not factor in the highest and best use of a property. He then listed the criteria from his memo and said the applicant meets all of the requirements. This project was reviewed by staff to ensure eligibility, an application was then submitted and was approved by the Renaissance Zone Board. Alderwoman Evans read a series of questions that were brought up by a concerned citizen. The first concern related to what would happen if the car wash failed and they used their one opportunity for a Renaissance Zone project. Mr. Billingsley responded by saying, the current rule only allows one opportunity for the Renaissance Zone but there is a chance that rule could change in the next Legislative Session. Alderwoman Evans asked why development on North Hill should be incentivized when it is doing just fine without it. Mr. Billingsley said, the property next to this site, now Taco John’s, received approval for Renaissance Zone incentives as well. Alderwoman Evans said, a car wash does not align with the Main Street Initiative and people-centric initiatives. Mr. Billingsley agreed and said the property is on Broadway which is a C2 zone. The Main Street Initiative is mostly for C3 zones which are downtown. The Council approved an expansion of the Renaissance zone which included five blocks along North Broadway. There are some parcels that could use rehab and renovation to fill in vacant properties. Alderwoman Evans said, the constituent believes this is an indiscriminate use of the program which could jeopardize the entire program. Mr. Billingsley stated, the application meets all of the requirements in the Renaissance Zone Plan, which was reviewed and approved by the state of North Dakota. As long as the use is permitted within the zone, they are entitled to apply for benefits. Alderwoman Evans summarized by saying, the application is within the purview of the program and any policy changes could be addressed at a different venue. Mr. Billingsley agreed. Alderman Pitner stated he would be abstaining from a vote due to a conflict of interest. Alderman Podrygula agreed that they cannot change the rules in the middle of an application however, he is not comfortable supporting the application. He said, he understands it meets the criteria but it doesn’t add value as a Renaissance project. Alderwoman Olson said, the rules have been established and the applicant meets the criteria. She said, she does not believe they can deny an application based on personal preference. Alderman Ross disagreed and said, as a Council they can decide whether to approve the project or not and he does not support it. Mayor Sipma mentioned that the site has sat vacant since before the 2011 flood and will remain in the flood plain for many years, subjecting it to more strict building requirements. Whereupon a vote was taken on the above motion by Alderwoman Olson, seconded by Alderman Podrygula and failed by the following roll call vote: ayes: Jantzer, Olson, Sipma; nays: Evans, Podrygula, Ross; abstain: Pitner GRONDAHL V. CITY OF MINOT (INVERSE CONDEMNATION) 517 12TH STREET NW – APPROVED Alderman Jantzer moved the City Council accept a tentative agreement reached by the property owners and their attorney, which is as follows: Agree to purchase the Grondahl property at 517 12th Street SW necessary for construction, operation  November 16, 2020 Regular City Council Meeting and maintenance of the flood protection project for the amount of $205,000.00; Payment of attorney's fees and costs in the amount of $8,000.00 to Grondahls; and Dismissal of the litigation brought by Grondahls against the City of Minot. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. APPROVE PURCHASE OF 15 2ND AVE SW TO RELOCATE CITY HALL – APPROVED Alderman Ross moved the City Council reject the purchase of 15 2nd Avenue SW for $2,608,000 for the relocation of City Hall out of the flood impact zone into the center of the downtown. Motion seconded by Alderman Podrygula. Alderman Ross said, he wasn’t on the Council when they decided to move forward with the purchase of the former Wells Fargo building and he is opposed to purchasing the property for several reasons. He explained that he attended a meeting in July where staff presented an option to build onto the current City Hall. The expansion would be done in four phases, the first of which would add 10,000 square feet at a cost of $7 million. Since the NDR funds for the project add up to about $7 million, he wondered why that option was not fully considered. He raised concerns that the City is offering to purchase the Wells Fargo property at a higher cost than the appraised value creating negative equity. He also said, using reserves to pay for this project at a time when a new Fire Station was put on hold, wouldn’t look favorable to the public. He said he believes relocating City Hall downtown won’t have the economic impact they’re hoping for. Downtown is doing fine without City Hall. Alderwoman Evans said she also attended the meeting in July and was surprised to hear about the option to expand. She wondered why it was never discussed publicly. She then said she disagreed with the needs analysis and said a more realistic analysis should be conducted. She is not convinced that 54,000 square feet are necessary. She emphasized the need to make a financially sensible decision especially when COVID impacts are still undetermined. She concluded by saying they need accurate data regarding space analysis and financial impacts before making a decision. Alderman Pitner asked Mr. Zakian to explain the funding for this project. Mr. Zakian responded by saying, there is $7,750,000 of NDR funds allocated to relocating City Hall. Estimates have been brought up regarding what additional funds may be needed but a final estimate will be determined later in the project. In 2016, the City made a commitment to HUD to move City Hall out of harm’s way and into the downtown. The request was for $3,750,000 in NDR funds and the City would commit $2.5 million for the project. When the Gathering Space project was removed from the Action Plan, a substantial amendment was approved to move $2 million to the CTE project and the remaining funds to City Hall which made the total $7,750,000. He explained that other options have been discussed but his only focus is NDR. He clarified for Alderman Ross that he never said NDR funds could be used to pay for an expansion at the current City Hall location. NDR funds are specifically for rehabilitation of an existing building located outside the floodplain in downtown. Mr. Zakian also explained how they arrived at the purchase price. Under Federal rules for a voluntary acquisition, they can either use the City assessed value, an independent appraisal or another justifiable measure to determine the baseline offer. The current assessed value on the property is $2,740,000. Mr. Zakian said he felt is was worth it to have an independent appraiser conduct an assessment which came out to $2,500,000. His goal was to negotiate between $2,500,000 but no more than $2,740,000. He then gave assurance that the acquisition price meets all standards of due diligence and fiduciary responsibilities under Federal rules. Alderwoman Evans expressed concerns the project is not what’s best for the community at this time. It hasn’t been identified how much would be needed from reserves and a lot has changed since the project was discussed in 2015. She asked if it is possible to request a revision from HUD and if the NDR funds for City Hall could be used for other projects. Mr. Zakian explained how the City received a waiver from HUD to use NDR funds for the City Hall project which is an extremely rare opportunity. Amending the waiver would take an additional 90-120 days and would amend the approved Action Plan. He said, it is possible to reallocate funds to acquisitions. He also said, if all LMI Rental projects receive their maximum amount of funding, they would need an additional $3-$4 million, however, there is a remaining balance of $5 million in Single Family Housing and $1 million of Planning funds that could also be reallocated. Mr. Zakian then commented on the potential NDR extension which is being considered by Congress. He said it is unlikely to occur with the current administration but they will resume discussions in February or March. Right now, they continue to operate with the September 30, 2022 deadline. Alderwoman Olson explained that the Council has been presented with different options. The decision made by Council in the spring, was that building at the current site was not the most cost-effective option and rehabbing the building downtown  November 16, 2020 Regular City Council Meeting was more beneficial for several reasons. Building costs were lower, City Hall and the 9-1-1 dispatch center would be relocated out of harm’s way, and it opened up possibilities for the Police Department for a much-needed expansion. For all of those reasons, plus the fact the NDR grant would pay for most of it, is why they made the decision to move forward with the purchase. She said, they would be incredibly foolish to walk away from the NDR funding for the project. Mayor Sipma said, they have spent dozens of hours discussing options for City Hall. They have gone over the need for growth, how the NDR dollars could and could not be used, and the importance of staying within Federal guidelines regarding the NDR grant. He emphasized that they do not need to have the entire City Hall finished by September 30, 2022 but they do need to have the NDR funds spent, meaning they can wait to spend any City reserves for a time when they are ready. He said that current spacing for City staff is inadequate and inefficient. He has supported the project from the beginning and continues to support it. Per square foot, this is the best option and presents the best impact to downtown. Alderman Pitner explained that he initially wasn’t on board with the project until funds were reallocated and this was identified as the best option per square foot. It is economically responsible of the Council to use the NDR funds available for this project. It is not a matter of the Fire Station versus City Hall because the Federal government isn’t giving the City money for a Fire Station. He also commented that since downtown is doing well, they should continue to make improvements by bringing more activity downtown. He said the building has been for sale for years but since the private sector hasn’t been able to buy it, then it could be an opportunity for the City. There is also rentable space as a form of income. He stated, the City Engineer had presented the costs for the various options and there were numerous reasons for selecting the Wells Fargo Building. He mentioned how difficult it would be in the future to try and find money for a necessary expansion if they let this opportunity go. Alderwoman Evans commented that social distancing won’t be necessary in the future like it is during the COVID pandemic. She also raised questions about funding for the Police Department expansion and unknown changes due to COVID such as lay-offs. Upon questioning by Alderwoman Olson, Mr. Lakefield clarified, City funding won’t be necessary until after the NDR funds are spent. There are a few years to build reserves for the project. Alderman Podrygula asked for the timeframe for the project. City Engineer Meyer, available by phone, explained that the timeframe will be tight. He said the Phase 2 environmental review will take about eight weeks so the City would take possession of the building in January. Then they would issue an RFQ for a consultant to design and bid the project, which could take about eight months. He said it would be a challenge to spend the NDR funds by the deadline but they would do everything they can to move it along. He also said, the City funding could be used after the NDR deadline for furnishing and finishes on the project. Alderman Ross pointed out that COVID has demonstrated that employees can work efficiently from home as indicated by Mr. Meyer who was working from home at the time. He said, they may not need the space planned for in the new building. Alderman Podrygula listed several reasons for supporting the purchase of the Wells Fargo building for City Hall. He said, the timeframe has a built-in series of pauses where the Council can reevaluate the project at each step, which he is comfortable doing. The building offers more space for necessary expansion although he would like to reevaluate the space analysis with the involvement of the Council. He also said, he would like an estimate for digitizing records to reduce the amount of space taken up by physical records. He explained that the City made a commitment to HUD to complete the project and would be uncomfortable rejecting the proposal. He commented on the need to expand and relocate the dispatch center and said, considering the space needs, doesn’t want to walk away from $7,750,000 dollars. Mr. Zakian reiterated the schedule and said that each step will require Council approval. Whereupon a vote was taken on the above motion by Alderman Ross, seconded by Alderman Podrygula and failed by the following roll call vote: ayes: Evans, Ross nays: Jantzer, Olson, Pitner, Podrygula, Sipma Alderman Pitner moved the City Council approve the purchase of 15 2nd Avenue SW for $2,608,000 for the relocation of City Hall out of the flood impact zone into the center of the downtown. Motion seconded by Alderwoman Olson and carried by the following roll call vote: ayes: Jantzer, Olson, Pitner, Podrygula, Sipma; nays: Evans, Ross.  November 16, 2020 Regular City Council Meeting TOURISM RECOVERY & RESILIENCE PROJECT FUNDING FOR CONVENTION AND VISITORS BUREAU – APPROVED Alderwoman Olson moved the City Council authorize staff to move forward with an application for a Tourism Recovery and Resilience Project submitted by Stephanie Schoenrock on the Minot Convention and Visitors Bureau (CVB) for a three-year special project totaling $477,000. Motion seconded by Alderman Pitner. Stephanie Schoenrock, Executive Director at Visit Minot, presented their proposed project. She described the three aspects they would commit their focus including, data collection and management, destination development, and team events tourism development. She provided examples of potential events like hockey and softball tournaments but said they also envision tourism in the arts and education. She reviewed the performance measures they would track and the documented return on investment. She said, the City’s investment of $477,000 over the next three years could bridge the gap between COVID to recovery throughout the city of Minot. Mr. Lakefield clarified, the approval they are seeking today will authorize staff to move forward but an agreement and a budget amendment would be brought back to City Council for consideration. Upon further questioning, he said they anticipate funding would come from sales tax dollars for economic development. Under the ordinance revised in 2019, it is a permitted expense and is the same revenue stream as the MAGIC Fund. Alderman Pitner said that Mr. Rosenthal is the expert in Economic Development and he agreed this should have been done years ago. He continued by saying, Minot has the facilities and this project will help them maximize their potential. The goal is to attract tourists from out of state. Alderwoman Evans said she was glad to see benchmarks included in the proposal and looks forward to the results. Alderman Podrygula said, in his years on Council, they have discussed this as a concept but never made a commitment. He said he believes these activities have been undervalued in the past. He commended Ms. Schoenrock on the level of professionalism and accountability demonstrated in their efforts. There will be demand for activities after COVID so they need to plan for it now. Alderman Ross said, as a former member of the Convention and Visitors Bureau Board, he disagrees with the proposal. It may seem like this is long overdue but it has been done before. Youth activities brought a sense of pride to the community and tournaments were met with police escorts and city-wide welcomes. The advertising agency that Visit Minot worked with provided the type of data described in the project. He said, there was an active committee to accomplish the goals Ms. Schoenrock identified and shouldn’t cost anything to the City. He also said, they don’t need software to figure out what people are doing while in Minot; they are eating, drinking, and shopping. He said it seems like a fluff piece to gain operating money when that money could be used to help struggling businesses. Alderman Pitner pointed out that Williston operates with twice the budget Minot does. He agreed that some tournaments have been done with the help of volunteers but the city of Minot can do more than Class B Tournaments. With the facilities we have, Minot could attract national tournaments. They need the community to collaborate and attract tourists but the individuals need resources. The data they collect can be used to determine who and where to market toward. Alderwoman Olson stated, Minot has world class facilities because the City has made investments through the community development fund. This project would be the finishing touch for community development. Ms. Schoenrock agreed and said, there have been great tournaments in the past but we can do better. They have an opportunity to take the current environment and make investments to develop improvements. She said the CVB is funded through hotel taxes and this year, through thoughtful planning, they will be using some reserves to balance their budget. They will need further investments if they plan to build on current events and make improvements. She then stated, she worked for the advertising agency who tracked data and analytics for Visit Minot in the past and is very familiar with that aspect. Alderman Ross asked what kind of support Visit Minot offers and what the Event Coordinator will do. Ms. Schoenrock responded by saying, their support varies depending on the type of event but they provide estimates to increase team participation, buy down costs for referees, and provide welcome packages, as some examples. She continued by saying, the Event Coordinator has already been hired. They shifted the focus of the sales director position. Alderman Ross then asked about financial assistance from ND Tourism, to which Ms. Schoenrock stated, they don’t receive assistance in the form of cash but have gotten some advertising.  November 16, 2020 Regular City Council Meeting Alderman Pitner pointed out that attracting the types of events they are after requires someone to cater to the event organizer’s needs, which will differ greatly depending on the event. Whereupon a vote was taken on the above motion by Alderwoman Olson, seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Sipma; nays: Ross CITY OF MINOT V. TONITE WE RIDE, INC. (EMINENT DOMAIN) ATTORNEY FEES – APPROVED Alderman Jantzer moved the City Council accept a tentative agreement reached with property owners and their attorney, which is as follows: Agree to pay attorney fees and costs in the amount of $13,000 relating to the eminent domain action and purchase of the Tonite We Ride property (Ben's Tavern) at 220 – 6th Street NE in Minot which is necessary for construction, operation and maintenance of the flood protection project. Motion seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5548 - AMEND CHAPTER 24 - PERSONNEL CODE SEC. 24-64 ANNUAL LEAVE – FIRST READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5548 on first reading amending Section 24-64 (Annual Leave) of the City of Minot Code of Ordinances. Motion seconded by Alderwoman Evans and carried unanimously. Alderwoman Evans expressed her appreciation toward City staff for their continued efforts. Alderman Ross moved the City Council pass ordinance no. 5548 on first reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PERSONAL APPEARANCES Jasahel Stewart spoke in opposition of the mask mandate, citing health and religious reasons for his objections. Mayor Sipma stated, the Governor implemented and enforceable mask mandate over the weekend. LIAISON REPORTS Council members, Podrygula, Olson, Evans, and Jantzer had no meetings to report. Alderman Ross attended the Zoning Ordinance Steering Committee meeting. He said, the proposed ordinance will be posted on the City website in December and comments can be submitted through the online portal at that time. Alderman Pitner met with the Renaissance Zone Review Board and Visit Minot Board, both of which had projects earlier on the agenda. Mayor Sipma mentioned the discussions taking place to consolidate MADC and the Chamber of Commerce. He also said, Task Force 21 has been meeting virtually and he has been meeting weekly with the COVID Coalition. ADJOURNMENT There being no further business, Alderman Pitner moved the City Council meeting be adjourned. Motion seconded by Alderman Ross and carried unanimously. Meeting adjourned at 8:42 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Shaun Sipma, Mayor