City Council

August 2, 2021 Regular City Council Meeting MINOT CITY COUNCIL – SCHEDULED MEETING – AUGUST 2, 2021 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. MAYOR’S REPORT The Mayor described some of his meetings and activities over the past month: July 7th – Congressman Kelly Armstrong Meeting at City Hall​ July 12th – Water Topics Committee Tour of Snake Creek Pump Station​ July 13th – Testify at Water Topics Committee in Bismarck ​ July 14th – Chamber EDC Meeting​ July 19th – Regular City Council Meeting​ July 20th – Closing Arguments Parking Structure Trial ​ July 21st – COVID Recap – MSU International Forum Discussion​ July 22nd – KX News Interview – Parking Structure Legal Victory​ July 22nd – NDR City Hall Open House​ July 23rd – 50th Resilient Homebuyer Closing at North Dakota Guaranty & Title July 23rd – Welcome & Introduce Lynyrd Skynyrd at NDSF​ July 24th – ND State Fair Parade​ July 28th – Friends of the Fair Social / Sawyer Brown​ July 29th – Two Flood Protection Home Acquisition Closing ​ July 30th – ABC News 20/20 Interview​ July 30th – NDSF 4-H Showmanship Training & Competition​ He also said, there were numerous other meetings, phone calls, e-mails, and individual contact concerning City business. 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. Ms. Hendershot also reminded there is a training taking place on Wednesday regarding Open Records and Open Meetings. It is open to the public and Council is invited to attend. Mayor Sipma then asked about the next steps concerning the Parking Structure litigation, to which she replied by saying, the final cost and disbursement paperwork should be filed with the court within the next couple days. Once judgement is entered, there is a 60-day appeal period where Cypress could appeal the decision to the ND Supreme Court. After that, there will most likely be post judgement discovery which would come back before the Council for discussion. Alderman Pitner asked if they could move forward with the parking structures or if it would be better to wait until after the 60-day appeal period. Page 1 of 10  August 2, 2021 Regular City Council Meeting Ms. Hendershot said, it is up to the Council in how they want to proceed. They can reflect on the issue and weigh their options but will know more in the next 60 days. MAYORAL APPOINTMENTS – APPROVED Alderman Pitner moved the City Council accept the resignation of Boyd Sivertson from the Minot Planning Commission and appoint Erin Iverson to fulfill Siverston’s term which is set to expire on December 31, 2022. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. CITY COUNCIL MINUTES – APPROVED Alderman Pitner moved the City Council approve the minutes of the July 19, 2021 regular City Council meeting. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. BILLS, TRANSFERS AND PAYROLL – APPROVED Alderman Pitner moved the City Council approve payroll for the period of June 20, 2021 through July 17, 2021 in the amount of $2,120,668.88 and approve bills and transfers for July in the amount of $7,386,117.27 as follows: ACKERMAN ESTVOLD 24,172.50 287520 GENERAL TRADING 209.67 287572 ACME TOOLS 3,821.56 287521 GEORGE'S RV SERVICE 32.98 287573 ADAPCO, INC. 1,523.00 287522 GERDAU RECYCLING 150.58 287574 ADVANCED BUSINESS METHODS 226.71 287523 GOETTLE LAW, PLLC 3,500.00 287575 ADVENTURE DIVERS 2,400.00 287524 HOME DEPOT CREDIT SERVICES 4.28 287577 AMERICAN WELDING & GAS, INC. 16,259.12 287525 HOME DEPOT CREDIT SERVICES 59.97 287641 APEX ENGINEERING GROUP 1,398.00 287526 INFORMATION TECHNOLOGY AQUA-PURE, INC. 11,738.08 287527 DEPARTMENT 2,819.10 287578 ARAMARK 81.64 287528 INTERSTATE BATTERY SYSTEM 183.95 287579 ASHLEY BEALL 128.98 287530 JERRY'S REPAIR & ALIGNMENT 85.00 287581 BECHTOLD PAVING 14,324.25 287532 JOB SERVICES OF NORTH DAKOTA 10,552.50 287582 BLUETARP FINANCIAL, INC. 3.80 287533 JOHN DEERE FINANCIAL 622.49 287576 BORDER STATES INDUSTRIES, INC. 3,148.89 287534 JOSEPH BAER, JR 15.00 287529 BRIAN WILLIAMS 165.00 287663 KANO LABORATORIES 387.16 287583 BROADWAY PRINTING COMPANY 1,247.10 287535 LANDRUM AND BROWN, INC. 2,000.00 287584 BUTLER MACHINERY CO. 221.26 287536 LEXIPOL, LLC 10,197.00 287586 CAISEE SANDUSKY 165.00 287626 LHOIST NORTH AMERICA OF MISSOURI 41,011.49 287587 CANADIAN PACIFIC RAILWAY COMPANY 100.00 287537 LOWES PRINTING, INC. 329.45 287588 CAPFIRST EQUIPMENT FINANCE 66,916.00 287538 MACEY WANTZ 112.00 287650 CARI ROBISON 50.00 287625 MAGIC CITY GARAGE DOOR COMPANY 1,005.00 287589 CAROLINA SOFTWARE 250.00 287539 MAIN ELECTRIC CONSTRUCTION 110,630.39 287590 CDM SMITH 154,767.00 287540 MATTHEW PAPPENFUS 137.50 287613 COLONIAL LIFE 2,517.44 287541 MENARDS 200.66 287591 CREATIVE CONCRETE 52,635.94 287542 MIDSTATES WIRELESS, INC. 500.00 287592 CROWN ASSET MANAGEMENT, LLC 449.41 287620 MIDWEST TAPE 23.98 287593 CUMMINS POWER, LLC 73.44 287543 MIKALI TALBOTT 67.70 287639 DACOTAH PAPER CO. 573.28 287544 MINOT AUTO 1,173.42 287594 DAKOTA FLUID POWER, INC. 122.96 287545 MINOT AUTOMOTIVE CENTER 491.25 287595 DAKOTA TRUCK & FARM 1,644.00 287546 MINOT CHAMBER OF COMMERCE 27,375.00 287596 DAKOTA WRECKING AND SALVAGE 110.00 287548 MINOT DAILY NEWS 1,114.16 287597 DAKOTALAND AUTOGLASS 250.00 287549 MINOT EMPLOYEE DONATIONS 748.80 287598 DAN LAWSON 108.00 287585 MINOT PARK DISTRICT 6,000.00 287599 DELL MARKETING L.P. 2,156.85 287550 NAPA AUTO PARTS 1,696.56 287600 DIG IT UP BACKHOE SERVICE 84,849.70 287551 ND DEPT OF TRANSPORTATION 311,591.19 287601 DIVISION OF CHILD SUPPORT 102.00 287552 ND DEPT OF TRANSPORTATION 5.00 287602 DL BARKIE CONSTRUCTION, INC. 7,920.00 287553 ND DEPT OF TRANSPORTATION 5.00 287603 DOMESTIC VIOLENCE CRISIS CENTE 1,103.63 287554 ND FRATERNAL ORDER OF POLICE 662.50 287604 ECOLAB PEST ELIMINATION DIVISION 393.60 287555 ND ONE CALL, INC. 1,368.55 287605 EIDE BAILLY LLP 13,850.00 287556 ND SAFETY COUNCIL, INC. 1,125.00 287606 EILEEN BEAN 19.15 287531 NDDEQ 1,135.00 287607 ELDORADO NATIONAL - CALIFORNIA 18.26 287557 NEBRASKA CHILD SUPPORT PAYMENT 563.08 287608 EMERGENCY AUTOMOTIVE NIESS IMPRESSIONS 2,908.40 287609 TECHNOLOGIES 57.30 287558 NORTH DAKOTA FIREFIGHTER'S EMPLOYEE ONE TIME PAY 217.92 287559 MUSEUM 25.00 287610 EMPLOYEE ONE TIME PAY 18.00 287560 NORTHWEST TIRE AND RETREAD 3,035.66 287611 ENERBASE 19,130.17 287561 OLSON'S TOWING 4,191.79 287612 FACTORY MOTOR PARTS 1,195.87 287562 PBBS EQUIPMENT CORPORATION 1,054.73 287614 FARSTAD OIL CO 24,887.02 287563 PHIL SCHULTZ 160.33 287629 FASTENAL COMPANY 372.42 287564 PRAIRIE SUPPLY 41.41 287615 FIRE EQUIPMENT CO. 299.50 287565 PRINGLE & HERIGSTAD, P.C. 378.00 287616 FIRESIDE OFFICE SOLUTIONS 1,271.16 287566 PROTECH INTEGRATIONS, LLC 785.00 287617 FIRST DISTRICT HEALTH UNIT 25,000.00 287567 RAFTELIS FINANCIAL CONSULTANTS, FIRST INTERNATIONAL BANK & TRUST 640.00 287568 INC 22,500.00 287618 G & P COMMERCIAL SALES 36.88 287569 RAPID FIRE PROTECTION, INC. 2,337.52 287619 GENERAL ONE TIME PAY 50.00 287570 RDO EQUIPMENT 980.12 287621 GENERAL ONE TIME PAY 147.03 287571 REFUND ONE TIME PAY 17.99 287622 Page 2 of 10  August 2, 2021 Regular City Council Meeting REFUND ONE TIME PAY 40.00 287623 GENERAL ONE TIME PAY 10.50 287714 REFUND ONE TIME PAY 100.00 287624 GENERAL ONE TIME PAY 10.50 287715 SANITATION PRODUCTS 149.63 287627 GENERAL ONE TIME PAY 2,850.00 287716 SCHOCKS SAFE AND LOCK SERVICE 339.55 287628 GENERAL ONE TIME PAY 1,349.00 287717 SIGNS TODAY 228.00 287630 GENERAL ONE TIME PAY 66.64 287718 SOLTIS BUSINESS FORMS CO. 481.75 287631 GENERAL ONE TIME PAY 21,916.46 287719 SOURIS VALLEY READY MIX, LLD 255.00 287632 GENERAL ONE TIME PAY 205.90 287720 SOUTH DAKOTA CHILD SUPPORT 188.31 287633 GENERAL ONE TIME PAY 1,190.50 287721 SPARTAN FIREARMS 562.50 287634 GENERAL ONE TIME PAY 50.00 287722 STATE WATER COMMISSION 484,070.64 287635 GENERAL TRADING 23.50 287723 STEEN CONSTRUCTION & ASSOCIATES 48,040.00 287636 GRAVEL PRODUCTS, INC. 336.29 287725 STEEN CONSTRUCTION CO. 19,223.00 287547 HARLEYS 235.00 287726 STRATA CORPORATION 0.00 287637 HIGHT CONSTRUCTION 55,973.25 287727 SWANSTON EQUIPMENT 4,662.04 287638 HOME DEPOT CREDIT SERVICES 39.08 287728 TARGET 15.00 287640 HOUSTON ENGINEERING, INC. 28,329.44 287729 TAYLOR JENSEN 137.50 287580 IVERS PLUMBING & SPRINKLER TRAFFIC CONTROL CORPORATION 644.00 287642 SYSTEMS 2,258.29 287730 TYLER TECHNOLOGIES, INC. 19,600.00 287643 JOHN DEERE FINANCIAL 515.93 287724 ULTEIG 28,863.60 287644 K9 BITE DR, LLC 6,175.00 287731 UNITED MAILING SERVICE 345.69 287645 KEMPER CONSTRUCTION CO 535,842.22 287732 UNUM LIFE INSURANCE 8,384.04 287646 KIWANIS CLUB OF MINOT 150.00 287733 VANTAGEPOINT TRANSFER -- 10### 540.08 287647 KLJ ENGINEERING, LLC 2,466.00 287734 VISIT MINOT 21,575.52 287648 LANDMARK STRUCTURES 14,640.00 287735 VISIT MINOT 7,097.00 287649 LANDRUM AND BROWN, INC. 2,000.00 287736 WATER BILLING ONE TIME PAY 96.60 287651 LAWSON PRODUCTS, INC. 46.65 287737 WATER BILLING ONE TIME PAY 73.53 287652 LHOIST NORTH AMERICA OF MISSOURI 47,759.66 287738 WATER BILLING ONE TIME PAY 6.43 287653 LISA SCHNEIDER 419.26 287777 WATER BILLING ONE TIME PAY 29.27 287654 LOCATORS & SUPPLIES 601.15 287739 WATER BILLING ONE TIME PAY 10.94 287655 M & S SHEET METAL, INC. 288.00 287740 WATER BILLING ONE TIME PAY 16.97 287656 MAIN ELECTRIC CONSTRUCTION 773.64 287741 WATER BILLING ONE TIME PAY 65.35 287657 MARCHUS-BATTERIES PLUS 62.39 287675 WATER BILLING ONE TIME PAY 12.05 287658 MARCO, INC. 206.33 287742 WATER BILLING ONE TIME PAY 6.43 287659 MARKETPLACE FOODS ARROWHEAD 14.97 287743 WATER BILLING ONE TIME PAY 0.51 287660 MESSERLI & KRAMER PA 460.32 287744 WESTLIE FORD 1,949.71 287661 MIDWEST TAPE 115.43 287745 WESTLIE TRUCK CENTER 1,829.09 287662 MINOT AUTO 773.99 287746 DISCOUNT CLEANING EQUIPMENT & MINOT AUTOMOTIVE CENTER 35.29 287747 SUPPLY, LLC 8,774.50 287664 MINOT CHAMBER OF COMMERCE 4,500.00 287748 VERENDRYE ELECTRIC 81,940.84 100001333 MINOT COMMISSION ON AGING 12,500.00 287749 3D SPECIALTIES, INC. 1,515.55 287665 MINOT DAILY NEWS 144.52 287750 4 ACRES WELDING & FABRICATION, MINOT ELECTRIC 83.00 287751 INC 603.00 287666 MINOT EMPLOYEE DONATIONS 762.93 287752 ACME TOOLS 3.00 287667 MINOT PARK DISTRICT 77,707.13 287753 ADVANCED ENGINEERING & MINOT PAVING 273,523.52 287754 ENVIRONMENTAL 30,197.35 287669 MINOT VETERINARY CLINIC 7,455.00 287755 ADVENTURE DIVERS 462.50 287668 NAPA AUTO PARTS 1,351.68 287756 AMERICAN WELDING & GAS, INC. 7,516.80 287670 NATIONAL PAYMENT CORPORATION 143.52 287757 ARAMARK 81.64 287671 ND DEPT OF ENVIRONMENTAL QUALITY 110.00 287758 ARCHKEY TECHNOLOGIES 250.00 287672 ND DEPT OF TRANSPORTATION 69,877.29 287759 ASSETWORKS 5,189.59 287673 ND FRATERNAL ORDER OF POLICE 662.50 287760 BAKKE GRINOLDS WIEDERHOLT 4,498.80 287674 NDAAO 510.00 287761 BECHTOLD PAVING 23,698.75 287676 NDDEQ 415.74 287762 BLUETARP FINANCIAL, INC. 3.49 287677 NEBRASKA CHILD SUPPORT PAYMENT 563.08 287763 BNSF 3,700.00 287678 NORTHERN PLAINS EQUIPMENT CO., BRAUN INTERTEC CORPORATION 1,554.50 287679 INC. 96.00 287764 BUTLER MACHINERY CO. 77.96 287680 NORTHERN TESTING 480.00 287765 CARI ROBISON 2,212.13 287775 NORTHWEST TIRE AND RETREAD 7,194.85 287766 CENTRAL CAB 20.75 287681 POST CONSTRUCTION COMPANY 270,795.34 287767 CITY OF MINOT 2,200.00 287682 PRINGLE & HERIGSTAD, P.C. 1,030.55 287768 COOKIES FOR YOU 900.00 287683 PROCOLLECT 2,224.56 287769 CPS, LTD 135,232.83 287684 PROTECH INTEGRATIONS, LLC 44.97 287770 CROWN ASSET MANAGEMENT, LLC 448.91 287771 RDO EQUIPMENT 54.26 287772 DACOTAH PAPER CO. 139.95 287685 REFUND ONE TIME PAY 300.00 287773 DAVIDSON CONSTRUCTION 11,800.00 287686 REPUBLIC PARKING SYSTEM 23,196.85 287774 DIVISION OF CHILD SUPPORT 102.00 287687 SANITATION PRODUCTS 6,971.49 287776 DORSEY & WHITNEY 14,775.08 287688 SOURIS RIVER JOINT WATER DPC INDUSTRIES, INC. 12,500.00 287689 RESOURCE 2,104,137.48 287779 EAPC 252,086.45 287690 SOUTH DAKOTA CHILD SUPPORT 188.31 287780 ELDORADO NATIONAL - CALIFORNIA 2,785.15 287691 STREICHER'S 290.00 287781 EMPLOYEE ONE TIME PAY 634.50 287692 SWANSTON EQUIPMENT 2,509.23 287782 EMPLOYEE ONE TIME PAY 320.32 287693 TAMRA SIVERTSON 25.00 287778 EMPLOYEE ONE TIME PAY 39.00 287694 TARGET 75.00 287783 ENERBASE 14,045.14 287695 THATCHER COMPANY, INC. 10,406.84 287784 ETC INSTITUTE 4,000.00 287696 TIMMONS GROUP 28,925.05 287785 FACTORY MOTOR PARTS 790.64 287697 TRAFFIC CONTROL CORPORATION 7,280.00 287786 FARSTAD OIL CO 25,335.04 287698 TRINITY HEALTH 1,493.28 287787 FASTENAL COMPANY 62.10 287699 U.S. POST OFFICE 5,000.00 287788 FIRE EQUIPMENT CO. 241.50 287700 UHL CO. 390.00 287789 FIRST INTERNATIONAL BANK & TRUST 640.00 287701 ULTEIG 2,944.50 287790 GAFFANEYS 1,069.59 287702 UNITED MAILING SERVICE 263.09 287791 GALE 203.42 287703 UNITED STATES TREASURY 2,181.20 287792 GENERAL ONE TIME PAY 2,600.00 287704 VANTAGEPOINT TRANSFER -- 10### 540.08 287793 GENERAL ONE TIME PAY 250.00 287705 VILLAGE FAMILY SERVICE CENTER 3,672.50 287794 GENERAL ONE TIME PAY 100.00 287706 VISIT MINOT 7,982.05 287795 GENERAL ONE TIME PAY 20.00 287707 WAGNER CONSTRUCTION 1,268,798.41 287796 GENERAL ONE TIME PAY 33.03 287708 WARD COUNTY AUDITOR 9,100.00 287797 GENERAL ONE TIME PAY 675.00 287709 WATER BILLING ONE TIME PAY 24.04 287798 GENERAL ONE TIME PAY 3,508.57 287710 WATER BILLING ONE TIME PAY 17.30 287799 GENERAL ONE TIME PAY 100.00 287711 WATER BILLING ONE TIME PAY 27.77 287800 GENERAL ONE TIME PAY 5.00 287712 WATER BILLING ONE TIME PAY 21.36 287801 GENERAL ONE TIME PAY 5,000.00 287713 WATER BILLING ONE TIME PAY 9.66 287802 Page 3 of 10  August 2, 2021 Regular City Council Meeting WATER BILLING ONE TIME PAY 6.43 287803 WESTLIE TRUCK CENTER 149.38 287807 WATER BILLING ONE TIME PAY 50.00 287804 WATER BILLING ONE TIME PAY 32.69 287805 TOTAL: 7,386,117.27 WESTLIE FORD 466.03 287806 Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5627 – ANNEXATION OF OUTLOT 35 OF SECTION 29, TOWNSHIP 155 NORTH, RANGE 82 WEST AND ADJACENT RIGHT-OF-WAY – SECOND READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5627 on second reading to annex into the corporate limits of the City of Minot Outlot 35 of Section 29, Township 155 North, Range 82 West, Ward County, North Dakota. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5627 on second reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5628 – REZONE OUTLOT 35, LESS RIGHT-OF-WAY, SECTION 29, TOWNSHIP 155 NORTH, RANGE 82 WEST – SECOND READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5628 on second reading to change the zoning designation of Outlot 35 of Section 29-155N-82W from “AG” Agricultural District to “M1” Light Industrial District. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5628 on second reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5630 – AMEND THE 2021 ANNUAL BUDGET- LED STREETLIGHTS – SECOND READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5630 on second reading amending the 2021 annual budget to increase the Traffic capital equipment and decrease Traffic street lights and signal maintenance for the street light LED conversion. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5630 on second reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5631 - ENGINEERING STUDY AT THE INTERSECTION OF 1ST STREET SW AND 13TH AVENUE SW – SECOND READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5631 on second reading modifying the 1st Street SW approaches from Yield control to Stop control at the intersection with 13th Avenue SW. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5631 on second reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2020 STREET PATCHING - PHASE 2 - FINAL PAYMENT (4470.2) – APPROVED Alderman Pitner moved the City Council approve the final payment of $42,492.58 to be paid to Keller Paving & Landscaping, Inc. for the 2020 Street Patching Phase 2 project. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2020 STREET IMPROVEMENTS - FINAL PAYMENT (4471) – APPROVED Alderman Pitner moved the City Council approve the final payment of $19,218.47 to be paid to Minot Paving Company, Inc. for the 2020 Street Improvement project. Page 4 of 10  August 2, 2021 Regular City Council Meeting Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. CARGO APRON CONSTRUCTION FINAL PAYMENT TO CONTRACTOR (2020500002) – APPROVED Alderman Pitner moved the City Council approve Pay Request #6 – Final to Bluestone Construction for work completed on the Cargo Apron project and authorize the Mayor to sign applicable Final Payment documentation. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5632 - AMEND THE 2021 ANNUAL BUDGET - LIBRARY HVAC CONTROLS – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5632 on first reading amending the 2021 annual budget to decrease the Library capital building revenues and expenditures and increase the Library HVAC maintenance revenues and expenditures for the Library HVAC controls upgrades. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5632 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5633 – AMEND THE 2021 ANNUAL BUDGET- BURDICK EXPRESSWAY WATERMAIN REPLACEMENT (4567.1) – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5633 on first reading amending the 2021 annual budget to increase the Water Distribution Watermain Maintenance expenditures for the Burdick Watermain Replacement project and approve the use of reserves. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5633 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5634 – AMEND THE 2021 ANNUAL BUDGET- HAZARDOUS MATERIALS GRANT PURCHASE – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5634 on first reading amending the 2021 annual budget to increase Fire department general fund materials and supplies expenditures and Federal revenues and decrease the Fire department capital expenditures and Federal revenues for the non-capital expenditures of the spectroscopy device which is funded by the FY 2019 State Homeland Security Grant. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5634 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PURCHASE OF ECOLOGIC MOBILE FOAM TEST SYSTEM FOR THE MINOT AIRPORT’S AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLES – APPROVED Alderman Pitner moved the City Council approve the purchase of the Aircraft Rescue and Fire Fighting (ARFF) mobile foam testing system and authorize the Mayor to sign applicable documentation. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5635 – AMEND THE 2021 ANNUAL BUDGET- ECOLOGIC MOBILE FOAM TEST SYSTEM FOR ARFF VEHICLES – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5635 on first reading amending the 2021 annual budget to increase the Airport capital equipment budget for the purchase of a mobile foam test system for ARFF vehicles which will be funded with currently budgeted sales tax improvement funds. Motion seconded by Alderman Ross and carried unanimously. Page 5 of 10  August 2, 2021 Regular City Council Meeting Alderman Pitner moved the City Council pass ordinance no. 5635 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. FY2022 WCNTF JAG & LOTTERY GRANT APPLICATION – APPROVED Alderman Pitner moved the City Council ratify the application by the Minot Police Department and Ward County Narcotics Task Force and authorize acceptance if awarded the 2022 JAG and Lottery Grant from the ND Bureau of Criminal Investigations. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. LANDFILL CELL 7 – TASK ORDER APPROVAL (PROJECT NUMBER 4241.1) – APPROVED Alderman Pitner moved the City Council approve a task order with CPS Engineering in the amount of $221,000 for the design of cell 7 and completion of a stormwater management plan for the expanded landfill area and authorize the Mayor to sign the agreement on behalf of the City. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2021 SIDEWALK, CURB & GUTTER REPLACEMENT - ASSESSMENT (4554) – APPROVED Alderman Pitner moved the City Council order the construction, rebuilding, or repairing of sidewalks to be performed by the City’s contracted Contractor and assess the construction cost and administration fees for this sidewalk work against the benefiting properties. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5636 - 9TH AVENUE SW, WEST OF 6TH STREET SW - WESTBOUND ONE-WAY – FIRST READING – APPROVED Alderman Pitner moved the City Council place ordinance no. 5636 on first reading adding to the City Council created traffic restrictions provided for in Chapter 20, Article 1, Section 20-2 (a) (3) to restrict parking at the following location: 1. No parking on the south side of 9th Avenue SW, 180-feet from the center of the 6th Street SW intersection. 2. No parking on the north side of 9th Avenue SW, 180-feet from the center of the 6th Street SW intersection. And add to the list of City Council created traffic restrictions provided for in Section 20-2 (a) (11) to allow a one-way street at the following location: 1. 9th Avenue SW between Minot Public Schools property, with the legal description of UNPLATTED SEC 23 155 83 SW1/4SE1/4 & NW1/4 SE1/4 L, and 6th Street SW to a one-way eastbound-only street. Motion seconded by Alderman Ross and carried unanimously. Alderman Pitner moved the City Council pass ordinance no. 5636 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. CITY HALL RETAINING WALL PROJECT CONTINUATION AND CONTRACT AMENDMENT (4398) – APPROVED Alderman Pitner moved the City Council authorize design work to restart the City Hall Retaining Wall project, authorize the City Engineer to negotiate a contract amendment with KLJ and authorize the Mayor to sign the amendment Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. Page 6 of 10  August 2, 2021 Regular City Council Meeting CONCUR WITH PERSONAL PROPERTY SALVAGE PURCHASES – APPROVED Alderman Pitner moved the City Council concur with the following salvage purchases considered personal property under local ordinance:  Thomas Ripplinger bought garage at 501 6th St NE $3,500  Greg Reed bought sheds located at 501 9th St NE $500  Derrick Miller bought a shed located at 500 9th St NE $125  Kendell Meyer bought a shed located at 502 7th St NE $250  Mike Hamilton bought wood and deck material from 303 6th St NE $20 Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5637 - NO PARKING ON 25TH STREET NW AT 5TH AVENUE NW – FIRST READING – APPROVED Alderwoman Olson moved the City Council place ordinance no. 5637 on first reading adding to the City Council created traffic restrictions provided for in Chapter 20, Article 1, Section 20-2 (a) (3) to restrict parking at the following location: 1. East side of 25th Street NW, north 10-feet to north 50-feet from the center of the 5th Avenue NW intersection. Motion seconded by Alderman Ross and carried unanimously. Don Pfeifer, a resident of the neighborhood impacted by the parking restriction, said he understands the effort to improve safety but it takes away his child’s parking space at their home. He continued by saying, there are so many “No Parking” signs on the street it makes it impossible for parents to pick their kids up from school. He believes there are other options to improve safety, such as a flashing beacon at the crosswalk. Stephen Joersz, Traffic Engineer, provided images of the intersection. He said the restriction is an effort to open the space so that a pedestrian could be seen by an oncoming driver before they enter street. He explained that the change wasn’t the result of a complaint but rather a situation he noticed while driving throughout the area. He commented that a flashing beacon would still require the parking restriction to improve stopping distance. Upon questioning by the Council, the City Engineer clarified, the “No Parking” restriction would be in effect between 8:00 am and 4:00 pm any day school is in session. Alderman Pitner stated it is a high-traffic crosswalk and said the proposed change is the result of being proactive rather than reactive to an accident. He understands the frustration of the homeowner but supports the motion and the need to improve safety. He then said he hopes the Police Department enforces parking restrictions to improve issues during school hours. Alderwoman Olson said she understands the frustrations of living near a school, as she has experienced it herself. She encouraged parents and residents to communicate with the principal to get the message out about school pick-up. Mayor Sipma also emphasized the need for direct communication with the school’s principal on neighborhood safety. Alderwoman Olson moved the City Council pass ordinance no. 5637 on first reading. Motion seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. SUB-RECIPIENT AGREEMENTS WITH YWCA MINOT DBA PROJECT BEE – APPROVED Alderman Jantzer moved the City Council approve two sub-recipient agreements with YWCA Minot dba Project BEE to take over the role completing the project known as Broadway Circle for both the Family Homeless Shelter and 17 Unit LMI Apartment Rental Building. Motion seconded by Alderman Ross. Mr. Zakian came forward to request the motion include acknowledgement of minor modifications by staff to include language in the agreement for a reverter clause in case of default or bankruptcy. He also acknowledged the previous request by Aldermen Pitner and Ross to analyze the viability of moving the project to another site. He included a memo explaining the many reasons it is prudent to stay at the current site. Page 7 of 10  August 2, 2021 Regular City Council Meeting Alderman Jantzer agreed to modify the motion to include Mr. Zakian’s request for language adding a reverter clause to the agreement. Alderman Ross, as the second agreed. Alderwoman Evans asked if there is flexibility to add accessibility to the designs of the project. Mr. Zakian responded by saying, they can modify the designs, however, any fees associated would be at their cost. The designs were done following all requirements for ADA compliance. At the request of Alderwoman Evans, Liz Larsen, Director of YWCA Minot dba Project BEE, explained that 80%-85% of their clients identify as having a disability, whether it is addiction, a mental health disorder or physical. She said the women’s shelter was not accessible which sometimes made it difficult to offer resources to clients. She expressed the importance for the facility to be 100% accessible but they need to get construction estimates before they can develop cost adjustments. Mr. Zakian pointed out that it is mandatory for this project to be a family homeless shelter and is not for individuals. Alderman Ross asked what assurances were demonstrated by Project BEE to ensure they have the necessary capabilities and capacities to complete Broadway Circle. Mr. Zakian stated, there is a requirement for the subrecipient to provide a financial plan to carry out the project and operate the facility. They can never be absolutely certain what will happen with a subrecipient but he is comfortable with what Project BEE provided. The other non-profits were not proficient to assume the role. Alderwoman Evans asked Ms. Larsen to describe why Project BEE is the right organization for this project. Ms. Larsen explained that they have separated from the YWCA USA organization so they could change their culture and staffing structure. The Board and staff work toward a common mission and they have hired appropriate positions to carry out their goals. They are taking advice from local resources and planning for the future by setting up reserves. Their focus is entirely local. Alderman Ross thanked Gerald Roise for taking time to show him the plans for the projects. Mr. Roise, of the Welcome Table, said he fully endorses Project BEE and looks forward to the partnership to include the food pantry and soup kitchen in the project. He commented that they are not in the shelter business and could not take on the projects themselves. It is a great opportunity for the City to leverage Federal funds for a much-needed facility. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Ross and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2045 COMPREHENSIVE PLAN CONSULTANT SELECTION – APPROVED Alderwoman Evans moved the City Council select SRF Consulting as the lead consultant for the 2045 Comprehensive Plan, authorize the Community & Economic Development Director to negotiate a scope and fee and authorize the Mayor to sign the agreement. Motion seconded by Alderman Pitner. Alderman Podrygula shared comments from his experience on the selection committee. Alderman Jantzer compared the current respondents to companies that have consulted on the comprehensive plan in the past. He said, local consultants have a better understanding of what works in Minot and in the region as opposed to consultants from other states. Upon questioning about local proposals, the Community and Economic Development Director said, the three firms interviewed were not from the Minot area. SRF Consulting is primarily out of Bismarck and Fargo. Stantec is based out of Minneapolis but had a subconsultant, Houston Engineering, to do some of the planning engineering. The third firm was from Omaha, Nebraska and did not have any local assistance. The Council expressed optimism for the future and mentioned the progressive efforts to move Minot forward in an organized rational manner. They also emphasized the many ways to gather public input from diverse groups in Minot. Page 8 of 10  August 2, 2021 Regular City Council Meeting Whereupon a vote was taken on the above motion by Alderwoman Evans, seconded by Alderman Pitner and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. ORDINANCE NO. 5638 - 2021 LEGISLATIVE UPDATES – FIRST READING – APPROVED Alderwoman Olson moved the City Council place ordinance no. 5638 on first reading, amending the City of Minot Code of Ordinances relating to alcoholic beverages, licenses, tobacco, shoplifting, and possession of weapons. Motion seconded by Alderman Jantzer and carried unanimously. Alderwoman Olson moved the City Council pass ordinance no. 5638 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. AMERICAN RESCUE PLAN ACT – APPROVED Alderwoman Olson moved the City Council approve the application for the American Rescue Plan Act (ARPA) funding and authorize the Finance Director to sign the necessary paperwork. Motion seconded by Alderman Jantzer. Alderwoman Evans asked if the item would be brought back to Council to decide where to spend the funds. Finance Director, David Lakefield, explained that it would need to come back to Council to appropriate the funds. Some funding may be available in 2021 so it would be brought back in the form of a budget amendment. There are specific uses outlined for the funding relating to infrastructure improvements. Upon questioning on the amount of funding the City would receive, Mr. Lakefield said, it is referred to as an estimate in the paperwork but is determined by a formula based on population. He further explained that some entitlement cities have already received funding but funds were recently released for non-entitlement units (NEUs) with population under 50,000. Whereupon a vote was taken on the above motion by Alderwoman Olson, seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. 2022 PRELIMINARY BUDGET – APPROVED The City Manager presented the 2022 preliminary budget in accordance with state law. He explained the many ways the public can stay informed on the process and where to view the preliminary budget. He also prefaced the presentation by saying, staff will continue their effort to make reductions prior to final adoption of the budget. He particularly emphasized the desire to keep the mill levy flat from the previous year. They are hoping that a flat property tax rate will give the school district a better chance to pass a bond issue for a new school. Mr. Stewart reviewed the Magic City Aspirations created by the City Council and explained how various aspects of the budget align with their aspirations. The proposed 2022 budget includes 123.57 mills, compared to 121.29 mills for 2021. For the owner of a home at the median value of $187,000, property taxes would rise approximately $4.79 a month. Mr. Stewart explained that the two-mill change is essentially an adjustment to accommodate the way the state calculates a formula for Homestead and veteran’s property tax credits. He went into detail explaining each of the additional full-time positions requested by staff. He also summarized the challenges the City faces regarding volatile revenue and health insurance. Following the presentation, Mr. Stewart responded to questions from the Council. Alderman Ross moved the City Council adopt the 2022 Preliminary Budget for the City of Minot. Motion seconded by Alderwoman Evans. Alderwoman Evans asked for feedback on the aspirations developed by the Council during their retreat. Mr. Stewart said staff is appreciative of the direction and will roll out the City’s mission and values in the near future. Alderman Podrygula said he was glad to see the City considering the needs of other jurisdictions for the overall benefit of the community. He also commented that the budget includes realistic requests for additional staff. The Council has invested in infrastructure but he raised concerns about investing in the City’s human resources to utilize staff more efficiently. Page 9 of 10  August 2, 2021 Regular City Council Meeting At the request of Alderman Olson, Mr. Lakefield reminded, the City Council question and answer session will take place during the regular Council meeting August 16th. The first reading of the budget is September 7th, followed by the final reading September 20th. The Council and staff encouraged public input. A vote was taken on the above motion by Alderman Ross, seconded by Alderwoman Evans and carried by the following roll call vote: ayes: Evans, Jantzer, Olson, Pitner, Podrygula, Ross, Sipma; nays: none. PERSONAL APPEARANCES None MISCELLANEOUS & DISCUSSION Mayor Sipma thanked Alderwoman Olson for the use of her convertible during the State Fair Parade. Alderman Pitner asked what options they have for the parking structures since litigation ruled in favor of the City and whether they are still obligated to build housing. The CDBG-DR/NDR Program Manager, John Zakian, stated, the HUD funds used toward the structures were allocated as an Urgent Need (UN) and has met all requirements for the project. Since there are no further expectations, the City is free to build what they want. He further explained, the reason the City needed to take action to recover HUD funds from the developer, is because there were two years of defaulted rent payments due for rental of the garage. Alderman Pitner and Mayor Sipma encouraged thoughtful, creative suggestions for the future of the parking structures. 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 7:40 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Shaun Sipma, Mayor Page 10 of 10