City Council

February 1, 2021 Regular City Council Meeting MINOT CITY COUNCIL – SCHEDULED MEETING – FEBRUARY 1, 2021 AT 5:30 P.M. ROLL CALL Members Present: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma (phone) Members Absent: None PLEDGE OF ALLEGIANCE City Council President Olson presiding and led the City Council in the Pledge of Allegiance COVID-19 UPDATE Lisa Clute, Executive Officer of First District Health Unit, stated, they are focusing on vaccines and monitoring epidemiology. They still provide PCR testing on Monday, Wednesday, and Thursday at First District as well as at MSU on Tuesday and Friday. She extended her appreciation to Minot Fire Department and the City for conducting Binax testing. She then said, about 40% of the 75 and older age group have been vaccinated in Ward county. Trinity and private providers are working aggressively to distribute as many vaccines as possible. First District Health Unit will hold vaccine clinics next week, Tuesday through Friday, when they have vaccines on hand. They hope to move on to the next group in the Tier which will be offered by healthcare providers and will be done by invitation first. They are providing vaccines in a rotation to private healthcare providers one week, public healthcare providers the next week and pharmacies the week after. They are working closely with all healthcare providers to shift doses between them and make sure demands are met. As of today, 9.1% of Ward county has received their first dose and 2.3% have received their second dose. She explained that the rates are provided by the State but she is concerned that the denominator used in their calculation may not be as accurate as they would like it. She said they are using the total number of people vaccinated in the community rather than the community’s population. She then said they are pleased with the positivity rate but encourage everyone to continue mitigation efforts. The situation is much better than it was in November and December but we need to hold these numbers while vaccinations are being done. Alderwoman Evans read the subcategories listed under Tier 1B and Ms. Clute confirmed they have only vaccinated about 40% of the first category which is individuals age 75 and up. Alderman Jantzer asked how many Ward county residents have had COVID, to which Ms. Clute stated, there have been 8,989 positives to date. Alderwoman Evans pointed out that the Minot VA Center would be providing vaccinations at the Armory on Wednesday from 7:00 am-5:00 pm. Ms. Clute also said the Minot Air Force Base has been vaccinating as well. Upon questioning by Alderman Podrygula, Ms. Clute explained they likely will not reach the 65 and older age group during the next round vaccines available, but individuals should monitor news releases for vaccination dates. She also said, there has been discussion regarding the criteria for the subcategories for vaccinations. Medical providers will invite eligible people when vaccines are available. She estimated they would have additional vaccines the week of February 13th and the following week but it is based on distribution. She said, First District would open up the week of February 20th for the next category. Alderwoman Olson asked if any vaccines had gone to waste. Ms. Clute said they have been able to use every drop of vaccine made available to them. They have a list of individuals to call that can be vaccinated on short notice if any vaccine is remaining in an open vial. Alderman Ross asked if people are still susceptible to COVID between the first and second dose. Ms. Clute explained, they would still be susceptible until the second dose increases the effectiveness to 95%.  February 1, 2021 Regular City Council Meeting Alderman Ross pointed out that since 40% of the 75 and up age group has only received the first vaccine it gives a false sense that they are no longer at risk for COVID. Alderman Ross then asked Ms. Clute if the City was in a position to lift the mask mandate. Ms. Clute responded by saying, whether there is a mandate or not, everyone needs to continue mitigation efforts. Masks are just one tool and they are still encouraged along with social distancing and proper hygiene. Alderwoman Evans asked how many vaccines were distributed since last Friday. Ms. Clute said First District Health Unit didn’t have any vaccines available but Trinity was vaccinating over the weekend. Alderman Pitner asked if they are concerned about the availability of a second dose to which Ms. Clute said, they are prepared and have doses allocated. Alderwoman Evans reminded everyone to visit the First District Health Unit website at www.FDHU.org. Alderwoman Olson then read a letter from Mayor Sipma, which he provided to the Council earlier that day: “With the Executive Order repealing Minot’s Mask Mandate came ahead of the council decision to reevaluate the issue at the Mid-February Council Meeting I feel it necessary to disclose the factors taken into consideration. I had hoped to be present, as with every council meeting, but in-person testimony at the House Appropriations Committee in support of HB 1431 had to take priority. HB 1431 contains appropriations for Mouse River Flood Control funding and Minot CTE funding. Factors that were relevant to the Executive Order Removing the Mask Mandate Effective 1/29/2021:  At the City Council meeting 01/19/2021 I nor any council members were aware of the Governor’s intentions of reducing the COVID-19 Risk Level from Moderate to Low.  Rolling 14 day infection rate for Ward County under 5% of those tested (3.39% on 1/28/2021) *First District Health Unit Data  Business capacity and operations restrictions removed from the Governor’s Executive order to Low Risk Level  Hospital (COVID-19) capacity sufficient  As of 1/28/2021 Nearly 40% of 75-Plus population in Ward County Received COVID-19 Vaccination *First District Health Unit Data  Availability for Binax testing in Minot through Minot Fire Department Testing Location  Optics to State Law Makers considering bills relating to local Government Powers during Emergencies. (Affect in Municipalities) a) House Concurrent Resolution 3007 – Terminating State of Emergency for North Dakota (City would no longer qualify for Federal Emergency Funding relating to COVID-19 Response) b) House Bill 1260 – In Emergency Declarations that negatively affect business, a moratorium on select Department Heads, City Managers & elected officials. (Key Department Heads & the City Manager would be forced to work without pay during any emergency declaration that has an impact on any business. Legal issues of forcing someone to work without pay, likelihood of losing key positions in times of emergency, breaking City manager Contract. This bill has been amended now to just target City Managers and City elected officials.) c) House Bill 1323 – Relating to limitations on mask wearing requirements. (Would prevent any municipality from mask mandate in an emergency situation – Public Health Issue) d) House Bill 1118 – Relating to Gubernatorial Disaster Declaration – Pandemic (Would require the declaration to expire without special assembly by the legislature – creating bureaucratic process when a process is already in place for the legislature to repeal by calling a special session. State Aid or Federal aid to local municipalities could be affected.) e) House Bill 1204 – Relating prohibiting an employee from wearing a mask at work (Substantial health implications specific to FD & PD along with healthcare)  February 1, 2021 Regular City Council Meeting f) House Bill 1259 – Relating to prohibiting from participating in a wastewater surveillance program unless approved by the governing body. (Health officials routinely monitor wastewater for communicable disease. Creates more bureaucracy) There are a handful of other COVID-19 reactionary bills under consideration. These listed above are, at this point, highlighted as those of greatest impact to local response and handling of emergencies. By carefully considering the factors outlined above as well as the political reaction in some of the proposed bills I felt it prudent to be responsive to the risk level being lowered, hospital capacity being sufficient, the rolling 14 day infectious rate being under 5% and the vaccination progress moving forward. In a brief phone call with Council President Olson the morning the health risk level was announced it would be lowered I advised her of my intentions. I also advised that if the council disagrees a special meeting could be called to override my decision or that decision could be overridden at the next council meeting. As I have stated prior, I prefer these types of decision to be made with the full council. Given the nature of the political atmosphere in Bismarck and lack of timely communication from the Governor’s office about upcoming changes I felt it necessary to exercise the executive action. Healthcare officials continue to advise people to follow the recommendations of wearing a mask when around groups of people, practice personal distancing and good hygiene to limit COVID Spread in the community. I am encouraging people to follow those same recommendations that have been in place since COVID started impacting our community.” Mayor Sipma, available by phone, said that several of the bills are working through the legislative process and it is likely that some will not gain traction. There are others however, that if passed could take away the authority of a municipality to impose a mask mandate if one is necessary in the future. He said he would prefer to keep the mandate in place until vaccinations were further along but since the risk level is low at this point, it is more important to make sure they retain local authority to make decisions. Alderwoman Evans read a prepared statement on the issue: “I take my position as a member of this City Council very seriously. I am entrusted by the voters of Minot to act in their best interest and to do so with transparency and integrity. I believe one of the roles of elected officials is to ensure that the rules of our democracy are followed. One of these rules is to not use the power that is bestowed upon us inappropriately. Last week I believe the powers the City Council bestowed upon the Mayor were used inappropriately. On March 16, 2020, City Council affirmed the Emergency Declaration made by the City Manager. The state of emergency for COVID-19 allowed the City to be eligible for state and federal COIVD related funding. The Council made this declaration in effect until rescinded by the City Council or until Executive Order 2020-03, issued by North Dakota Governor, Doug Burgum, is rescinded. Neither of these actions have occurred and Minot is still under this emergency declaration. On March 19, 2020, at a Special City Council Meeting, the Council passed, on first reading, Ordinance 5486. This ordinance authorizes the mayor, to take 29 procedural actions and issue orders when the City is under a state of emergency. At the introduction of the ordinance, the Mayor stated, the proposed ordinance grants the Mayor certain powers during a declared emergency in order to expedite decisions without having to call special meetings of the City Council. He said, a similar ordinance was brought forward during the 2011 flood but was denied for being too overreaching. Several members of the Council went on record stating they supported this ordinance but wanted the Mayor to keep them informed. To that the Mayor responded by saying, of course, a critical aspect of emergency situations is that everyone be informed. The Mayor also said, they are still able to call Council meetings for large decisions. On March 26th at another Special Meeting, the City Council considered the ordinance on second reading. Alderman Podrygula offered an amendment that removed the words “suspend, limit, cancel,” in reference to the Mayor’s ability to decide if the City Council would meet. The Mayor could still postpone, reschedule or relocate meetings to maintain flexibility. This amendment passed. Alderman Pitner said he trusts that the Mayor would only express his authority in the interest of public safety. At the end of discussions, the ordinance was passed by a 7-0 vote.  February 1, 2021 Regular City Council Meeting Since that time, the Mayor has exercised some powers given under Section 2-38, some of these have included: closing long term parking at the airport and modifying the Airport fee regulations; the extension of the time period in which a temporary alcoholic beverage license can be permitted and eliminating the $250 fee for license amendments; permitting supper club licensees to sell beer and wine off sale and to allow applicants for alcoholic beverage licenses to pay their license fees in two installments. Remaining true to his word the Mayor did bring “large decisions” to the Council. Most notably on the issue of whether masks would be required in City buildings, whether mask wearing would be mandatory for city staff and whether we would require masks to be worn by the general public. On October 19, 2020, the Council by a 5-2 voted to direct the Mayor to require masks in Minot. This issue was revisited at our last meeting on January 19, 2021. Once again, the Council affirmed the mask mandate and agreed to revisit the issue at our February 16, 2021 meeting. In recommending that we continue with the mandate, the Mayor said that based on his consultations with First District and Trinity, the continuing Bionex testing and the fact that we are not too deep into vaccinating Tier 1-B, (and I quote ) “It makes sense to continue the City mask mandate for one month.” He went on to say that the appropriate time for the removal of the mask mandate would involve making progress on vaccinating our Tier 1-B people, a “reasonable” infection and the continued accessibility of the vaccination. So you can imagine my utter surprise when 8 days later when I received an email from the Mayor stating he was rescinding the mask mandate. There were only two of the six members of the Council sent the email. To be sure, I not disagreeing with the Mayor’s power to revoke the mask mandate. However, I am in disagreement on how the decision was made. Let me take a minute to highlight why I believe the Mayor acted inappropriately. 1. He committed to the Council that he would bring “large decisions” to us. And while he did this TWO TIMES with the issuance of the mandate, he does not seem to have even entertained to bring this “large decision” to the Council. 2. Since March 16, 2020, the City Council has had 18 Special Meetings on various topics. There is no reason the Mayor could not have called a Special meeting last week to bring this “large decision” to the Council. He chose not to. a. Furthermore, the Mayor’s decision was effective Friday morning, today is Monday. There is no compelling reason the Mayor could not have waited an additional few days to bring this “large decision” to us. When the Council passed the ordinance extending emergency powers to the Mayor, it did so to allow the Mayor to act quickly and for the safety of the public. It remains unclear to me how lifting the mask mandate is such a pressing public health or safety emergency that it could not be brought before a Special Meeting or today’s regular meeting of the Council. 3. At our last meeting, the Mayor stated one of the reasons we needed to extend the mask mandate until at least Feb 16th was to allow the medical community to make inroads into vaccinating our vulnerable populations in Tier 1-B. What happened to that reasoning, Mr. Mayor? There are eight sub-categories of people in Tier 1-B and we are not even done vaccinating the first group. In fact, according to First District only about 38% of the first sub-category (75 and older) has been vaccinated. That is not even half of the first of eight groups in Tier 1-B. 4. The Mayor failed to keep the Council informed. His email stating he was going to lift the mandate was only sent to two Council members. The remaining four had to be forwarded the email from one of those members. This is not acceptable. Why, Mr. Mayor were you unable to add four additional people onto that email or use the email address that sends emails to all seven members? If the four had not been forwarded this email, the odds are they would have found out about your unilateral actions in a press release. This is not acceptable. 5. While the City Council retains the power to terminate the state of emergency declared in Minot and thus terminate the Mayor’s emergency powers, I am not going to recommend that. If we terminated the state of emergency, we would become ineligible for state and federal related COVID funding. And this is not what would be best for our community at this time. 6. It appears from everything the Mayor has communicated, that his decision was not based on any COVID related emergency or any of the reasons he stated at our Jan 19th meeting to keep the mask mandate until at least Feb 19th. In fact, he lays much of his rationale on politics in the legislature. 7. His decision was not made in contemplation of Section 2-38 or the intentions of Council when that ordinance was passed. We did not pass this law so the Mayor could act unilaterally in non-emergency situations. It undermines democracy and the duly elected members of this Council when the Mayor uses powers granted to him in an inappropriate way. It brings me no joy to offer this statement of criticism of the Mayor. However, I strongly believe  February 1, 2021 Regular City Council Meeting that our system relies on checks and balances and I want to register my disapproval of the Mayor usurping the expected process, in the hopes it will not happen again.” Alderman Ross agreed with Alderwoman Evans’ statement. Alderman Podrygula said, it is a tough call and they presented compelling reasoning. He said he had no problem granting emergency powers but was concerned the full Council wasn’t involved or notified of the decision. He commented that he would like to be informed before a media release. MAYOR’S REPORT The Mayor was not available to present his report at the meeting; however, he provided a written summary of his meetings and activities over the past month. January 5th – KMOT Interview January 6th – COVID Coalition Meeting January 6th – Water Coalition Meeting January 6th – COVID-19 Task Force Meeting January 7th – Military Affairs Committee January 8th – Home Acquisition Closing NDT&G January 9th – Testified in support of HB 1020 House Appropriations, Education & Environment Division in conjunction with SRJB January 9th – CTE Committee Meeting January 9th – Task Force 21 Meeting January 12th – Chamber/EDC Meeting January 13th – COVID Coalition Meeting January 13th – Governor Conference Call with ND Mayors January 14th – Home Acquisition Closing NDT&G January 14th – Minot City Podcast Interview January 15th – League of Cities Meeting January 15th – Legislative Planning Meeting January 16th – Chamber/EDC Legislative Forum Virtual January 18th – Home Acquisition Closing NDT&G January 19th – Regular City Council Meeting January 20th – Testified in opposition to HB 1260, moratorium on pay for certain employees when emergency declaration affects the community January 20th – Testified in opposition to HB 1138, enable civil action against political subdivision for violations of Sec 4 of Article 1 of State Constitution January 22nd – Governor’s Conference Call with ND Mayors January 22nd – ND League of Cities Legislative Meeting January 22nd – Legislative Planning Meeting January 25th – KMOT Interview January 26th – KX News Interview January 27th – Chamber/EDC Meeting January 27th – MDN Interview January 28th – HB 1431 Meeting in Bismarck re: Flood Control & NAWS January 29th – State of the City Final Prep January 29th – ND League of Cities Legislative Meeting January 29th – Legislative Planning Meeting January 30th – Chamber/EDC Legislative Forum Virtual February 1st – Testify in Support of HB 1431 Infrastructure Bonding Bill He also indicated, there were numerous phone calls, e-mails, and individual contact concerning City business. ​ PROCLAMATION – GIVING HEARTS DAY President Olson read the Mayor’s Proclamation for Giving Hearts Day. The Mayor Proclaims February 11, 2021 Giving Hearts Day.  February 1, 2021 Regular City Council Meeting WHEREAS, the goals of Giving Hearts Day are to raise awareness of the charitable non-profit sector and its organizations in North Dakota, to promote online giving, and to provide donors with the opportunity to multiply the results of their giving; and WHEREAS, Giving Hearts Day is a powerful example of the private sector providing assistance to charitable, non-profit organizations that offer vital services to improve the quality of life for many members of our community; and WHEREAS, the charitable, non-profit sector supports individuals and families with quality programs, materials and funds that promote, encourage, and sustain independence and self-sufficiency; and WHEREAS, in order to provide these benefits, charities need ongoing funds to continue providing long-term, sustainable services to our residents in need; and WHEREAS, these charities have demonstrated a need for collaboration and resources, and have joined together for this 24- hour fundraising event that is dedicated to inspiring online donations for charities at impactgiveback.org; NOW, THEREFORE, DO I, Shaun Sipma, Mayor of the City of Minot, hereby proclaim February 11, 2021, as Giving Hearts Day in Minot, and call upon public officials, business and community leaders, and all Minot residents to observe this day with appropriate activities and programs; recognize charitable non-profits, their staffs and volunteers who provide essential services to our community; and support Giving Hearts Day by volunteering or providing financial support to local charities in Minot and central North Dakota at givingheartsday.org. CITY MANAGER REPORT The City Manager provided a written update describing events and activities for various departments. CITY ATTORNEY REPORT The City Attorney submitted a written report. CITY COUNCIL MINUTES – APPROVED Alderman Ross moved the City Council approve the minutes of the January 19, 2021 regular City Council meeting. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. BILLS, TRANSFERS & PAYROLL Alderman Ross moved the City Council approve payroll for the period of December 20, 2020 through January 16, 2021 in the amount of $2,170, 371.22 and bills and transfers in the amount of $3,132,840.10 as follows: 28517 28518 ACKERMAN ESTVOLD 13,110.00 1 BROADWAY PRINTING COMPANY 1,079.00 9 28517 28519 ADVANCED BUSINESS METHODS 8,525.03 2 BUTLER MACHINERY CO. 273.58 0 28517 28519 ALL AMERICAN TROPHIES 3,165.00 3 C&C PLUMBING AND HEATING 127.50 1 28517 28526 ALL SEASON ARENA 8,414.29 4 CARI ROBISON 50.00 3 28517 28519 AMERICAN WATER WORKS ASSN. 3,764.00 5 CAROLINA SOFTWARE 250.00 2 28517 28519 AMERICAN WELDING & GAS, INC. 7,057.20 6 CASHWISE 150.00 3 28517 28519 AMERITAS LIFE INSURANCE CORP 1,676.88 7 CENTRAL TRENCHING, INC. 6,600.00 4 28517 28522 AQUA-PURE, INC. 910.38 9 CHARITY LEMERE 41.40 2 28518 28519 ARAMARK 81.64 0 COLONIAL LIFE 2,517.44 5 28518 28519 ARCHKEY TECHNOLOGIES 670.00 1 COMPUTER STORE 674.98 6 28518 28519 BAKER & TAYLOR BOOKS 443.35 2 DACOTAH PAPER CO. 308.53 7 28518 28519 BLUE RIDGE PROPERTIES, LLC 915.50 4 DAKOTA FLUID POWER, INC. 348.17 8 28518 28519 BOOK SYSTEMS, INC. 1,720.00 6 DAKOTA TRUCK & FARM 21.84 9 28518 28518 BORDER STATES INDUSTRIES, INC. 3,362.72 7 DAX BREVIK 37.50 8  February 1, 2021 Regular City Council Meeting 28522 28525 DELLA MARTISEN & OLIVIA CHRISTMAS 20.00 8 NEBRASKA CHILD SUPPORT PAYMENT 563.08 2 28520 28525 DIVISION OF CHILD SUPPORT 102.00 0 NORTH COUNTRY SPORTSWEAR 122.00 4 28520 28525 DOMESTIC VIOLENCE CRISIS CENTE 799.07 1 NORTH PRAIRIE RURAL WATER DISTRICT 74.82 5 28520 28525 DORSEY & WHITNEY 13,935.68 2 NORTHWEST TIRE AND RETREAD 4,238.34 6 28520 28525 ECOLAB PEST ELIMINATION DIVISION 505.27 3 OLSON'S TOWING 2,445.00 7 28518 28525 EILEEN BEAN 30.02 3 PINKERTON ANIMAL HOSPITAL 150.00 8 28520 28525 EMPLOYEE ONE TIME PAY 10.00 4 PROCOLLECT 647.22 9 28520 28526 ENERBASE 12,452.63 5 PROVIDENT LIFE & ACC INS CO 525.92 0 28520 28522 ENVIRONMENTAL TOXICITY CONTROL, INC. 375.00 6 RANDI LACROIX 29.10 1 28520 28524 ESRI, INC. 38,500.00 7 RANDI MONLEY 22.58 0 28520 28526 FACTORY MOTOR PARTS 1,625.37 8 RDO EQUIPMENT 4,158.35 1 28520 28526 FARSTAD OIL CO 16,698.18 9 REAL TIME TRANSLATIONS, INC. 58.10 2 28521 28525 FASTENAL COMPANY 51.59 0 RODNEY BRIAN NEUHALFEN 50.00 3 28521 28526 FIRST INTERNATIONAL BANK & TRUST 640.00 1 ROUTEMATCH 2,000.00 4 28521 28526 G & P COMMERCIAL SALES 441.86 2 SCHOCKS SAFE AND LOCK SERVICE 437.59 5 28521 28526 GAFFANEYS 117.73 3 SCHONSTEDT INSTRUMENT COMPANY 305.95 6 28521 28526 GENERAL TRADING 210.99 4 SOLTIS BUSINESS FORMS CO. 723.50 8 28521 28526 GOETTLE LAW, PLLC 7,500.00 5 SOUTH DAKOTA CHILD SUPPORT 188.31 9 28521 28527 HAWKINS, INC. 6,201.00 7 STATE WATER COMMISSION 11,888.20 0 28517 28527 JANET ANDERSON 75.22 8 SUN LIFE FINANCIAL 73.00 1 28521 28527 JOHN DEERE FINANCIAL 230.00 6 SUNDRE SAND & GRAVEL, INC. 4,199.02 2 28521 28527 KALIX 30.34 8 SUPERION, LLC 81,122.67 3 28521 28527 KITTILSON, CLOYD 2,461.00 9 SWANSTON EQUIPMENT 3,091.19 4 28522 28526 KIWANIS CLUB OF MINOT 150.00 0 TAMRA SIVERTSON 25.00 7 28522 28518 LHOIST NORTH AMERICA OF MISSOURI 10,404.34 3 THE BANK OF NEW YORK MELLON 500.00 5 28522 28527 LIQUIDITY SERVICES OPERATIONS, LLC. 1,861.67 4 THE BARK PORCH INC 1,083.00 5 28522 28527 MAC'S CONSTRUCTION INC. 8,500.00 5 THEIN WELL 136,482.53 6 28528 28527 MACEY WANTZ 73.60 6 THERM AIR SALES CORP 653.76 7 28522 28527 MAIN ELECTRIC CONSTRUCTION 242,540.58 6 TRINITY EVANGELICAL FREE CHURCH 300.00 8 28522 28527 MARCO, INC. 245.24 7 TRINITY MEDICAL GROUP 116.00 9 28522 28528 MCKAY, BLAKE A. 1,474.00 9 TWENTERPRISES, INC. 245.42 0 28523 28528 MIDWEST TAPE 137.45 0 TYLER TECHNOLOGIES, INC. 172,390.31 1 28523 28528 MILLER LAW OFFICE, P.C. 930.00 1 UNIQUE FOR YOU 18,166.33 2 28523 28528 MINOT AUTO 650.01 2 UNITED MAILING SERVICE 5,250.52 3 28523 28528 MINOT AUTOMOTIVE CENTER 60.00 3 UNUM LIFE INSURANCE 12,482.75 4 28523 28528 MINOT CHAMBER OF COMMERCE 5,432.09 4 VERIZON WIRELESS 4,439.96 5 28523 28528 MINOT CONVENTION&VISITORS BUR. 16,828.59 5 WARD COUNTY AUDITOR 3,995.00 7 28523 28528 MINOT DAILY NEWS 886.16 6 WARD COUNTY RECORDER 20.00 8 28523 28528 MINOT ELECTRIC 2,152.06 7 WATER BILLING ONE TIME PAY 7.97 9 28523 28529 MINOT EMPLOYEE DONATIONS 793.90 8 WATER BILLING ONE TIME PAY 45.07 0 28523 28529 MINOT PARK DISTRICT 2,000.00 9 WATER BILLING ONE TIME PAY 1.92 1 28524 28529 MONTANA-DAKOTA UTILITIES CO. 319.68 1 WATER BILLING ONE TIME PAY 10.00 2 28524 28529 MOWBRAY & SONS 6,132.00 2 WATER BILLING ONE TIME PAY 12.03 3 28524 28529 MUNICODE 492.63 3 WATER BILLING ONE TIME PAY 51.81 4 28524 28529 NAPA AUTO PARTS 553.96 4 WATER BILLING ONE TIME PAY 2,984.98 5 28524 28529 NATIONAL PAYMENT CORPORATION 142.40 5 WATER BILLING ONE TIME PAY 41.79 6 28524 28529 ND DEPT OF TRANSPORTATION 135,468.80 6 WATER BILLING ONE TIME PAY 260.64 7 28524 28529 ND FRATERNAL ORDER OF POLICE 675.00 7 WATER BILLING ONE TIME PAY 10.00 8 28524 28529 ND LEAGUE OF CITIES 22,593.00 8 WATER BILLING ONE TIME PAY 29.81 9 28524 28530 ND ONE CALL, INC. 244.20 9 WATER BILLING ONE TIME PAY 9.32 0 28525 28530 ND WATER USERS ASSN. 1,200.00 0 WESTERN STEEL AND PLUMBING 352.41 1 28525 28530 NDDEQ 1,024.86 1 WESTLIE TRUCK CENTER 226.92 2  February 1, 2021 Regular City Council Meeting 28530 28535 WINNELSON 355.13 3 LAVAUN MACKEY 25.00 7 28530 28535 ACKERMAN ESTVOLD 15,162.50 4 LHOIST NORTH AMERICA OF MISSOURI 10,140.22 5 28530 28535 ADVANCED BUSINESS METHODS 226.71 5 LOWES PRINTING, INC. 105.00 6 28530 28535 ALL AMERICAN TROPHIES 539.95 6 MAIN ELECTRIC CONSTRUCTION 375.00 8 28530 28535 ALL SEASON ARENA 2,622.71 7 MARCO, INC. 620.83 9 28530 28536 AMERICAN PUBLIC WORKS ASSN. 3,420.00 8 MENARDS 81.48 0 28530 28536 AMERICAN TRUCK & TRAILER, LLC 346.44 9 MIDLAND DIESEL SERVICE 191.70 1 28531 28536 AMERICAN WELDING & GAS, INC. 4,897.80 0 MIDSTATES WIRELESS, INC. 125.00 2 28531 28536 AT & T 1,777.39 1 MILLER LAW OFFICE, P.C. 307.50 3 28531 28536 AT&T 1,090.56 2 MINOT AUTO 2,109.55 4 28531 28536 AUTO-OWNERS INSURANCE COMPANY 50,253.00 3 MINOT CHAMBER OF COMMERCE 27,375.00 5 28531 28536 BAKER & TAYLOR BOOKS 519.36 4 MINOT COMMISSION ON AGING 12,500.00 6 28531 28536 BCBS 20.00 5 MINOT CONVENTION&VISITORS BUR. 5,245.42 7 28531 28536 BERRYDUNN 16,150.00 6 MINOT DAILY NEWS 978.60 8 28531 28536 CASHWISE 60.00 9 MINOT EMPLOYEE DONATIONS 782.90 9 28532 28537 CDM SMITH 366,581.84 0 MINOT VETERINARY CLINIC 3,002.00 0 28532 28537 CHRISTIANSON HEATING & AIR 3,225.00 1 MOTOROLA 8,947.70 1 28532 28537 CITY OF MINOT 50.00 2 MOWBRAY & SONS 509.87 2 28532 28537 CIVICPLUS 1,823.26 3 NAPA AUTO PARTS 1,672.01 3 28532 28537 COOKIES FOR YOU 900.00 4 ND DEPT OF TRANSPORTATION 5.00 4 28532 28537 CPS, LTD 32,390.29 5 ND DEPT OF TRANSPORTATION 11.50 5 28532 28537 CUMMINS POWER, LLC 23,191.65 6 ND DEPT OF TRANSPORTATION 11.50 6 28532 28537 DACOTAH PAPER CO. 4,363.48 7 ND DEPT OF TRANSPORTATION 11.50 7 28532 28537 DIVERSIFIED INSPECTIONS, INC. 1,700.00 8 ND DEPT OF TRANSPORTATION 11.50 8 28532 28537 DIVISION OF CHILD SUPPORT 102.00 9 ND DEPT OF TRANSPORTATION 11.50 9 28533 28538 DUO-SAFETY LADDER 74.36 0 ND FIRE CHIEFS ASSN 100.00 0 28533 28538 EMERGENCY AUTOMOTIVE TECHNOLOGIES 408.58 1 ND FRATERNAL ORDER OF POLICE 675.00 1 28533 28538 ENERBASE 12,125.73 2 ND ONE CALL, INC. 51.15 2 28533 ND READY MIX & CONCRETE PRODUCTS 28538 ENVIRONMENTAL TOXICITY CONTROL, INC. 525.00 3 ASSOCIATION 25.00 3 28533 28538 FACTORY MOTOR PARTS 658.50 4 ND STATE RADIO COMM. 3,000.00 4 28533 28538 FARRWEST 71,749.95 5 ND WATER COALITION 1,000.00 5 28533 28538 FARSTAD OIL CO 18,543.50 6 NEBRASKA CHILD SUPPORT PAYMENT 563.08 6 28533 28538 FASTENAL COMPANY 45.99 7 NET TRANSCRIPTS 2,069.79 7 28533 28538 FIRST DISTRICT HEALTH UNIT 25,052.00 8 NORTH COUNTRY SPORTSWEAR 880.98 8 28533 28538 FIRST INTERNATIONAL BANK & TRUST 630.00 9 NORTHERN TESTING 1,209.00 9 28534 28539 FIRST WESTERN INSURANCE 7,747.00 0 NORTHWEST TIRE AND RETREAD 3,674.61 0 28534 28539 GALE 334.93 1 ONLINE DAKOTA INFORMATION NETWORK 474.00 1 28534 28539 GALLS, LLC 218.89 2 OTIS ELEVATOR COMPANY 23,277.96 2 28534 28541 GENERAL TRADING 59.47 3 PHIL SCHULTZ 200.00 2 28534 28539 GILLIG, LLC 284.32 4 PRINGLE & HERIGSTAD, P.C. 296.90 4 28534 28539 GRAND FORKS FIRE EQUIPMENT 760.20 5 PROCOLLECT 1,746.60 5 28534 28539 GRAPHICS LETTERING & TRIM 2,652.00 6 PROTECH INTEGRATIONS, LLC 89.94 6 28534 28539 H&H TRUCKING 8,121.62 7 RDO EQUIPMENT 3,771.13 7 28534 28539 HARLEYS 6.99 8 REFUND ONE TIME PAY 1,510.00 8 28534 28539 HITS, INC. 500.00 9 REFUND ONE TIME PAY 184.41 9 28531 28540 HOLLY BURCKHARD 12.36 8 REFUND ONE TIME PAY 625.00 0 28535 28540 HOUSTON ENGINEERING, INC. 33,712.10 0 REFUND ONE TIME PAY 25.00 1 28535 28540 INFORMATION TECHNOLOGY DEPARTMENT 2,841.80 1 REFUND ONE TIME PAY 25.00 2 28535 28540 JAMESTOWN COMMUNICATIONS 209.00 2 REFUND ONE TIME PAY 250.00 3 28539 28540 JANET PARTON 742.62 3 REFUND ONE TIME PAY 6,205.94 4 28535 28540 JIMS WELDING, INC. 729.31 3 REFUND ONE TIME PAY 10.00 5 28535 28540 KLJ ENGINEERING, LLC 7,990.25 4 REFUND ONE TIME PAY 495.00 6  February 1, 2021 Regular City Council Meeting 28540 28542 REFUND ONE TIME PAY 232.30 7 UNIFORM CENTER 1,507.73 8 28540 28542 RHI SUPPLY 4,794.85 8 UNITED MAILING SERVICE 628.30 9 28540 28543 RONDEL ROTELIUK 33.35 9 UPS STORE #1423 19.03 0 28541 28543 SANITATION PRODUCTS 6,057.81 0 VERIZON CONNECT NWF, INC. 814.69 1 28541 28543 SCHOCKS SAFE AND LOCK SERVICE 927.75 1 VERIZON WIRELESS 58.56 2 28541 28543 SECURITY PLUS 55.00 3 WALLWORK TRUCK CENTER 1,416.94 3 28541 28543 SERTOMA CLUB OF MINOT 400.00 4 WARD COUNTY AUDITOR 6,465.00 4 28541 28543 SOURIS RIVER JOINT WATER RESOURCE 1,031,742.75 5 WATER BILLING ONE TIME PAY 325.62 5 28541 28543 SOUTH DAKOTA CHILD SUPPORT 188.31 6 WATER BILLING ONE TIME PAY 50.00 6 28541 28543 STATE WATER COMMISSION 31,112.78 7 WATER BILLING ONE TIME PAY 37.97 7 28541 28543 SUPERION, LLC 8,379.00 8 WATER BILLING ONE TIME PAY 2.87 8 28541 28543 TARGET 25.00 9 WATER BILLING ONE TIME PAY 239.35 9 28531 28544 TED BOLTON 230.00 7 WATER BILLING ONE TIME PAY 2.14 0 28542 28544 THATCHER COMPANY, INC. 23,122.18 0 WATER BILLING ONE TIME PAY 48.33 1 28542 28544 TIMMONS GROUP 13,929.04 1 WATER BILLING ONE TIME PAY 13.98 2 28542 28544 TR WAIND INSURANCE 50.00 2 WATER BILLING ONE TIME PAY 4.98 3 28542 28544 TRINITY HEALTH 30.00 3 WESTLIE FORD 218.01 4 28542 28544 TRINITY MEDICAL GROUP 1,994.75 4 WESTLIE TRUCK CENTER 1,219.13 5 28542 TYLER TECHNOLOGIES, INC. 4,200.00 5 TOTAL 3,132,840.10 28542 U.S. GEOLOGICAL SURVEY 20,580.00 6 28542 U.S. POST OFFICE 5,000.00 7 Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5562 – DVCC FUNDING GRANT – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5562 on second reading to amend the 2021 annual budget to increase the Pass-Through Grants Fund federal revenues and expenditures for the Office of Justice Programs’ Coronavirus Emergency Supplemental Funding Program grant awarded to the Domestic Violence Crisis Center. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5562 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5563 - PUBLIC WORKS COOLING TOWER AND HEAT EXCHANGER – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5563 on second reading to amend the 2021 annual budget to increase the Property Maintenance HVAC Repair and Maintenance expenditures for the replacement of the Public Works Cooling Tower and Heat Exchanger. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5563 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5564 - EMERGENCY SIREN BATTERY REPLACEMENT FUNDS – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5564 on second reading to amend the 2021 annual budget to increase the Property Maintenance Security System Maintenance expenditures for the replacement of emergency siren batteries. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5564 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5565 – AMEND THE 2021 ANNUAL BUDGET- ASSETWORKS PURCHASING AND RECEIVING CHANGE ORDER (4423) – SECOND READING – APPROVED  February 1, 2021 Regular City Council Meeting Alderman Ross moved the City Council place ordinance no. 5565 on second reading to amend the 2021 annual budget to increase the Engineering Department’s technical services and data processing maintenance and repair agreements expenditures for the purchase of an interface program to be used with the citywide asset management software with the use of General Fund cash reserves. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5565 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5566 - ADOPTION OF 2018 NORTH DAKOTA PLUMBING CODE, NDPC (2018 UPC) – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5566 on second reading adopting the 2018 North Dakota Plumbing Code (NDPC). Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5566 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5567 - ADOPTION OF 2020 NATIONAL ELECTRICAL CODE, NEC (NFPA 70) & 2020 LAWS, RULES AND WIRING STANDARDS OF NORTH DAKOTA – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5567 on second reading adopting the 2020 edition of the National Electrical Code (NEC). Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5567 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5568 – AMEND THE 2021 ANNUAL BUDGET - PAVING & UTILITY DISTRICT 2021-1 (4585) – SECOND READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5568 on second reading to amend the 2021 annual budget to increase water, sewer, storm sewer and capital infrastructure expenses/expenditures and refunding bond revenue for the Minot Park District paving and utility improvements. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5568 on second reading. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5569 - 2020 ORDINANCE FOR LINE ITEMS OVER BUDGET – FIRST READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5569 on first reading to amend the 2020 annual budget to adjust department budgets for funds approved by the City Council for Various Grants, Donations and Interest Distribution. This budget amendment also allocates budgeted dollars to the new accounts that were created for the ERP system. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5569 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. ORDINANCE NO. 5570 – AMEND THE 2021 ANNUAL BUDGET- COVID 19 RAPID TESTING EXPENSES FUNDING – FIRST READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5570 on first reading to amend the 2021 budget to increase multiple department’s salary and benefit expenditures, the fire department’s salary, benefit and supplies expenditures, and the federal grant revenues for the 2021 expenses expected to be incurred for COVID rapid testing to be reimbursed at 75% of eligible expenses from FEMA. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5570 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.  February 1, 2021 Regular City Council Meeting ORDINANCE NO. 5571 - TRENCH TRAINING PROP BUDGET AMENDMENT REQUEST – FIRST READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5571 on first reading amending the 2021 annual budget to increase the Fire department Capital Equipment purchases expenditure for the purchase of a trench prop to be built for training. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5571 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. ASPHALT RECYCLER – AWARD OF BID (PROJECT NUMBER 4587) Alderman Ross moved the City Council approve the bid from Normont Equipment Co. in the amount of $87,360 for the asphalt recycler. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. NDDEQ VW GRANT APPROVAL- PUBLIC WORKS Alderman Ross moved the City Council approve the contract with the State of ND for grant funds for replacement of two Public Works dump trucks and authorize the Mayor to sign the contract agreement for the project. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ELECTRONIC VISUAL INFORMATION DISPLAY SYSTEM SUPPORT AGREEMENT Alderman Ross moved the City Council grant approval of the annual support agreement with Infax Incorporated for the Airport’s electronic visual information display (EVID) system and authorize the Airport Director to sign the agreement. Motion seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5572 – AMEND THE 2021 ANNUAL BUDGET- ELECTRONIC VISUAL INFORMATION DISPLAY SYSTEM – FIRST READING – APPROVED Alderman Ross moved the City Council place ordinance no. 5572 on first reading amending the 2021 annual budget to increase the Airport’s IT maintenance and repair agreements for Infax Inc. which supports the EVID system at the Airport, using Airport cash reserves. Motion seconded by Alderwoman Evans and carried unanimously. Alderman Ross moved the City Council pass ordinance no. 5572 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. STACKING SPACE APPROVAL – TIDAL WAVE AUTO SPA Alderman Jantzer moved the City Council grant approval of approximately 25 stacking spaces for Tidal Wave Auto Spa as illustrated on the site plan provided in Attachment A. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. RESOLUTIONS- MASK MANDATE IN CITY BUILDINGS – APPROVED The City Manager explained that the City Council had previously adopted policies requiring the public to wear masks inside City facilities. There is also a policy regarding the requirement for employees to wear face masks while on duty. He said, the issues were discussed with the management team after the citywide mask mandate was lifted. Staff continues to have concerns over the safety of employees and being able to maintain staffing levels, should there be another outbreak. He recommended that any City facility that does not have barriers available, continue to require the public to wear masks. With  February 1, 2021 Regular City Council Meeting regards to the personnel policy, management feels it is still necessary that employees be required to wear a mask when social distancing isn’t an option. Alderman Podrygula said he is pleased to hear the issue was discussed by the management team and relayed to the Council. Alderwoman Evans moved the City Council elect not to extend resolutions 3670.1 and 3675.1 relating to mask requirements in City owned buildings and the corresponding personnel policy. Motion seconded by Alderman Podrygula. Alderwoman Evans explained that she doesn’t often act against the recommendations from staff but because of the Mayor’s actions in allowing the public to go mask-free she is hard-pressed to require masks of City employees. She said she spoke with retail workers and restaurant workers and questioned why their health is any less important than the health of City employees. She emphasized personal responsibility but said, it should not be required for certain individuals and not everyone. Alderman Podrygula said, as an employer he feels obligated to protect the health and welfare of City staff and the customers who use the facilities. They do everything they can to keep their employees safe and it seems hypocritical to ask businesses to set an example by requiring masks, when the City isn’t enforcing it themselves. Alderman Pitner said this is the position he has supported from the beginning. The Council has a responsibility to protect their property, their employees, and the customers who walk through their doors. This is the responsible thing to do and it sets an example for other businesses to follow. The mandate expired but businesses have continued to require masks on their own. He said he believes they should not tell others how to run their business or how to protect their employees and customers. He supports the continuation of the resolutions. City Attorney Hendershot clarified that the resolutions are in effect until terminated by the City Council or until the underlying state of emergency is lifted. Alderwoman Evans amended her motion to terminate resolutions 3670.1 and 3675.1. Alderman Podrygula as the second, agreed. Whereupon a vote was taken on the above motion by Alderwoman Evans, seconded by Alderman Podrygula and failed by the following roll call vote: ayes: Evans; nays: Jantzer, Olson, Pitner, Podrygula, Ross, Sipma. Alderman Jantzer moved the City Council modify the existing resolution to eliminate the mask requirement for people receiving services in a City Building where they are separated from City employees by a physical barrier (e.g., window, plexiglass) while receiving those services. Motion seconded by Alderman Podrygula. Alderman Ross asked if section 5 (f) of the existing resolution stating an exemption for, “people delivering a speech or performance for broadcast or to an audience,” applies to the City Council sitting at the dais. Ms. Hendershot said, as long as they are separated by a six-foot distance from nearby individuals. 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: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. CHILDREN'S MUSEUM OF MINOT, INC SUB-RECIPIENT AGREEMENT – TABLED Alderman Pitner moved the City Council table approval of the Sub-recipient agreement between the City of Minot and Children’s Museum of Minot, Inc. for the DCIP grant. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. APPROVE LUTHERAN SOCIAL SERVICES HOUSING SETTLEMENT – WITHDRAWN The item related to the Settlement Agreement with Lutheran Social Services Housing to close out the Broadway Circle Project, was withdrawn. PERSONAL APPEARANCES  February 1, 2021 Regular City Council Meeting None MISCELLANEOUS & DISCUSSION Alderwoman Evans recognized Ryan Kamrowski, City Assessor, who has been called for Active Duty and will be on a leave of absence. She thanked him for his work as City Assessor and for his service with the military. 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 6:38 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Shaun Sipma, Mayor