Committee of the Whole

COMMITTEE OF THE WHOLE August 2, 2017 Page 1 Members Present: Barney (Mayor), Jantzer, Olson, Podrygula, Straight, Wolsky Members Absent: Sipma To the Honorable Mayor and All Aldermen: Following are the recommendations of the Committee of the Whole meeting called to order at 4:15 p.m. on August 2, 2017: 1. The City Council approve the relocation of the single family residence, garage and accessory building from 1313 27th St SW, Minot ND, 58701 also known as Lighthall’s S/D of Outlot 3, Lots 8, 9, 10 & 11, to 4900 30th Ave SE, Minot, ND 58701, also known as Sublot B of Olt 5 of NESW Sec 33-155-82, subject to the following conditions: 1. A ten-thousand dollar completion bond must be posted with the City of Minot prior to issuance of any permits for this work. 2. An approved approach permit assigned to 4900 30th Ave SE issued by Nedrose Township. 3. Application and approval of building permits for all proposed construction. 4. An approved foundation design in compliance with City of Minot building codes. 5. If required: plumbing, electrical and HVAC systems must be brought into compliance with current code requirements of the City of Minot. 6. All work at the new location must be in compliance with City of Minot building codes and zoning ordinances. 7. The exterior of the structure must be one consistent color arrangement of colors after relocation. 8. Applicant must obtain all necessary permits, and coordinate all relocation activities with public utilities and traffic authorities. 9. The property must be provided with proper site drainage, and must be landscaped in a manner similar to surrounding properties. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 2. The City Council authorize the Minot Police Department to apply for and, if awarded, accept, the North Dakota Department of Emergency Services (NDDES) FY 2017 State Homeland Security Program (SHSP) and authorize the Mayor to sign the agreement. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 2 3. The City Council authorize the Minot Police Department to apply for and, if awarded, accept the North Dakota Department of Transportation (NDDOT) FY 2018 Traffic Safety Enforcement Grant for the Minot Police Department and authorize the Mayor to sign the agreement. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 4. The City Council authorize the Police Department to apply for and, if awarded, accept the United States Department of Justice (USDOJ) FY 2017 Bulletproof Vest Partnership Grant for the Minot Police Department and authorize the Mayor to sign the award agreement. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 5. The City Council pass an ordinance to amend the 2017 annual budget to increase Sales Tax Flood Control revenues and expenditures for the U.S. 83 Bypass 4-lane Bridge Extensions and approve funds from Sales Tax Flood Control cash reserves in the amount of $523,590.74. (4040) ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 6. The City Council approve increasing the amount of fees collected by the City of Minot for recording documents at the Ward County Recorder’s office. The fees would be increased to $45.00 for documents with 1 to 6 pages, and $90.00 for documents with 7 to 25 pages, with an additional $3.00 per page over 25 pages. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 7. The City Council order the construction, rebuilding, or repairing of sidewalks to be performed by the City's contractor and the expense of the cost and administrative fees for sidewalk work be assessed against the benefitting lots or parcels. (4245) ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 8. The City Council approve the request from Urban Winery, LLC dba Urban Winery for a Winery License at 6 North Main Street #103, subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. ********** CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 3 The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 9. The City Council approve the request from BAB Holdings, LLC dba 10 North Main for a Supper Club License at 10 N Main Street, subject to receipt of all documentation and approval by the Police Chief, Building Official and Fire Marshal. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 10. The City Council approve the Site Authorization from Minot Hockey Boosters, Inc. to conduct pull tabs at The Original (720 N Broadway) for the period of September 1, 2017 through June 30, 2018 and to conduct bingo, raffles, twenty-one, and pull tabs from October 1, 2017 through June 30, 2018. ********** The above motion by Alderman Olson, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 11. The City Council approve the encroachment for animal waste dispensers at the locations identified by the Engineering Department, and allow the Minot Street Art Movement to place “yarn bombing” on various pieces of yet to be determined city infrastructure on Main St downtown with the following conditions: 1. The Owner signing the permit agrees that the costs of maintenance and replacement be their responsibility. 2. The City Attorney prepare the encroachment permit agreement, including language to protect the City from liability. 3. The City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason. 4. The Minot Street Art Movement pays a $100 processing fee. ********** The above motion by Mayor Barney, seconded by Alderman Straight. Tonya Stuart-Melland, a member of the Minot Street Art Movement came forward to display some of the waste disposal containers that have been painted by local artists. She said, there will be 12 in total and they hope to make a brighter downtown while also keeping it clean. Alderman Straight commended their effort and suggested they reach out to Dr. Vollmer at the School Board about removing the fence around the grassy plot in downtown Minot, the purpose of which is to protect the area from animal waste. The Mayor said he will be in contact with Mr. Vollmer and Ms. Stuart-Melland. CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 4 Whereupon a vote was taken on the above motion by Mayor Barney, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. 12. The City Council direct the Mayor to form an Ad Hoc Committee to discuss the issue of nuisance animals and include members from the Game & Fish Department, Chief Olson, a Council member, community members, archery groups, and the Park District. ********** Chief Olson came forward to discuss the issues regarding nuisance animals. He said, there have been a number of complaints about deer. The current ordinance permits bow hunting in town on private property with consent of the owner. He then explained the trapping program in which the City coordinates with the Game and Fish Department to trap turkey. He said the program is most effective in the winter and last year there were 19 turkeys caught and removed from the City. The staff make sure to mark the turkeys with bands to track if any returned to the city but none had. He also commented on geese by saying, they are mostly in the Parks so he is not aware of any complaints. Chief Olson introduced Jeb Williams, Wildlife Division Chief with ND Game & Fish Department, who said he can help with herd reduction. The Governor made a proclamation which allowed for flexibility to work within cities to create effective methods of controlling these issues. He suggested a small task force be created made up of the Game & Fish Department, Chief Olson, a Council member, community members, and possibly archery groups, in order to discuss the problem thoroughly and bring solutions back to the City Council. He said, other cities have been very successful but it takes some time. Upon questioning by Alderman Wolsky, Mr. Williams said, geese are primarily controlled by nest destruction on behalf of the Park District who obtain a permit. He also said there is an option used in other areas where the Fish and Wildlife Service open the season around August 15th. These options could be discussed by the committee. Alderman Straight moved the City Council Direct the Mayor to form an ad hoc committee and include members from the Game & Fish Department, Chief Olson, a Council member, community members, archery groups, and the Park District. Motion seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none. Alderman Wolsky continued by asking about feral cats and raccoons. The Police Chief responded by saying, Animal Control has live traps they use or can be rented out to residents in the city. As cats are trapped, they are taken to the pound and given three days to be claimed before they are euthanized or adopted. When raccoons are trapped, they are taken outside the city. Upon further questioning, Chief Olson stated, there is occasionally a waiting list but he believes they have a sufficient number of traps. Alderman Straight suggested Animal Control be available when some of the blighted homes are demolished. He has noticed an exodus of critters as homes have been torn down. 13. The City Council approve the encroachment for placement of locally themed artwork on City owned utility cabinets with the following conditions: CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 5 1. The Owner signing the permit agrees that the costs of maintenance and replacement be their responsibility. 2. The City Attorney prepare the encroachment permit agreement, including language to protect the City from liability. 3. The City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason. 4. The Owner signing the permit agree to pay a $100 processing fee. ********** The above motion by Alderman Olson, seconded by Alderman Straight. The City Traffic Engineer showed a brief video about the vinyl wrapping process that could be used to beautify City utility cabinets. He then introduced Ann Olson, of the Magic City Lions Club to explain their project. Ms. Olson said, a similar beautification project took place in downtown Bismarck and Magic City Lions Club has been working to implement it in Minot as well. The club has reached out to teachers and students at MSU to submit artwork that will be placed on street light boxes. She said, there are 13 locations so far and they will all be decorated by local artists. There is a company in town, Too Dark Motorsports, who can apply the wraps and they hope to publicize each of them individually. They have collected $11,230 to complete the project and hope to begin applying the art soon. Alderman Wolsky said he is glad to see this project move forward and likes the vibrant atmosphere they are creating downtown. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none 14. The City Council approve the service contract with Dynatest North America Inc. in the amount of $98,200 to create the pavement management plan. ********** The above motion by Alderman Podrygula, seconded by Alderman Straight. The City Engineer gave a presentation on implementing the project. He said, Pavement Management provides a holistic view of the pavement throughout the city. It helps staff understand how to optimize the rehabilitation budget and how to better process the backlog of road maintenance. It provides defendable data for staff and Council members to answer questions and concerns raised by citizens. Mr. Meyer said the new proposed process would begin by building the GIS Database. Staff would then input the appropriate internal costs and the Council would set acceptable network condition constraints to develop funding scenarios. He said there is a contractor prepared to begin this work if it is approved by the Council. If so, the company would come during the fall with a van capable of collecting information. From that point, staff can begin analyzing the data. CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 6 Upon questioning by Mayor Barney, Mr. Meyer stated, the company could come back to collect the data every fifth year but Engineering staff will be able to update the information every year after improvement projects are completed. He said the contract is about $40,000-$45,000 to have the truck come to set up the initial data. From that point on, staff is able to maintain and update information internally. He clarified, it does not have to be done every fifth year but it would provide a system wide snap shot to keep budgets up to date. Alderman Podrygula spoke in support of the program and appreciates the desire to make data driven decisions. Mayor Barney stated, though he appreciates the work that has gone into the project, he raised the perspective that the funds required equate to about ½ of a mil. He said, it is a great program but he would prefer to use that money in a more needy area. Whereupon a vote was taken on the above motion by Alderman Podrygula, seconded by Alderman Straight and carried by the following roll call vote: ayes: Jantzer, Olson, Podrygula, Straight, Wolsky. nays: Barney 15. The City Council approve the plans and specifications for the SWIF Action C Levee Repair and bank stabilization and authorize a call for bids. (3135.2C) ********** The above motion by Alderman Straight, seconded by Alderman Olson. Alderman Podrygula asked if this work will be torn down when the flood protection project takes place, to which the Public Works Director responded by saying, no. The areas that will be affected by the flood control project were left out of this plan. These repairs will address sections that would otherwise not be done until years down the road. Upon questioning by Alderman Wolsky about the RFQ process, the Public Works Director explained, the RFQ was done specifically for the SWIF. It included all phases of the project and was awarded to Houston Engineering who have already done phase 1. Mr. Jonasson then stated, the bids for this phase of the SWIF will be due at the end of August, awarded at the September Council meeting and will take one year to complete by September 15, 2018. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none 16. The City Council approve the plans and specifications for phase 1 of the Mouse River Enhanced Flood Protection Project (MREFPP) and authorize bidding; and adopt a resolution establishing compliance with reimbursement bond regulations under the internal revenue code officially declaring the intent to finance the project by using tax exempt bonds. (3529) ********** CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 7 The above motion by Alderman Straight, seconded by Alderman Wolsky. Alderman Straight took a moment to recognize Mr. Ashley for the work he has done with the Souris River Joint Board. Mr. Ashley thanked the Committee and said he is charged to complete the project as quickly and as well done as possible. Alderman Wolsky mentioned, he will be suggesting some amendments when the item gets to Council. He would prefer more time to review the design and wants to be more hands on during the process. He would also like regular updates on the project status and the opportunity to approve the design when it is 90% completed. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none 17. The City Council approve the plans and specifications for phases 2 and 3 of the Mouse River Enhanced Flood Protection Project (MREFPP) and authorize bidding; and adopt a resolution establishing compliance with reimbursement bond regulations under the internal revenue code officially declaring the intent to finance the project by using tax exempt bonds (3529) ********** The above motion by Mayor Barney, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none 18. The City Council request the Mayor create an Ad Hoc Committee to review Chapter 7 (Animals and Fowl) of the City of Minot Code of Ordinances related to animals prohibited in City limits. ********** Chief Olson explained the ordinances of other cities that he has researched. He said, from a safety standpoint, he has no opinion on whether or not snakes should be permitted. He requested the Council remain consistent in their decision since there are always citizens requesting to amend the ordinance to allow animals prohibited in city limits. Marshal Platz, of 406 31st Ave SE, said, since he brought up the issue at City Council, others have reached out in support. He said he is requesting only the more popular species in the pet trade, which are non-venomous be allowed. He added, all of those species need higher temperature environments and would not survive outside the home if they were to escape. Upon questioning by Alderman Straight, Mr. Platz explained, pet stores are allowed to sell snakes but they must verify the address of the owner is outside Minot city limits. Alderman Olson moved the City Council request the Mayor create an Ad Hoc Committee to review Chapter 7 (Animals and Fowl) of the City of Minot Code of Ordinances related to animals prohibited in City limits. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 8 19. The City Council ratify the following administratively approved requests: 1. Magic City Youth Baseball to conduct raffles throughout the 2017-2018 season at Corbett Field/Hoeven Field 2. The Tap Room for a special event permit from July 8, 2017 through July 16, 2017 at 10 Blk First Ave SE 3. The Spot for a special event permit on July 9, 2017 at #6 2nd St NE 4. Independence, Inc. to conduct a raffle on July 20, 2017 at the Scandinavian Park (1020 S. Broadway St.) 5. 5 Security Forces Squadron Defender’s Association to conduct a raffle on December 8, 2017 at Sleep Inn & Suites (2400 10th St SW) 6. The Louviere Family Charity to conduct a raffle on July 20, 2017 at Taco John’s (623 N. Broadway) 7. Blue Rider was denied a special event permit on July 15, 2017 at 118 1st Ave SE 8. Cookies for You for a special event permit on August 5, 2017 at 117 Main St. S. ********** The above motion by Alderman Straight, seconded by Alderman Wolsky. Alderman Wolsky stated, he pulled the item to discuss the situation behind the denial of an application by Blue Rider to hold an event on July 15th. Chief Olson explained, he received the application by Blue Rider on a Tuesday, for an event taking place that Saturday. The applicant said there would be about 200 people and it would be held in the street outside the establishment. The Police Chief told him he would be required to have two off duty volunteers from the Police Department to work as security for the event at a rate of $50/hour. Being that it was short notice, the organizer of the event decided if they did not have volunteers confirmed by Thursday, they would change the event. Only one volunteer was found so Chief Olson denied the permit. Alderman Wolsky said, the applicant held a similar event in May and was not required to have security so he asked what policies are in place for the permit process. Chief Olson explained how permits are processed and said he attempts to be consistent but the event in May was an oversight. He said, this is the first application he has come across that he denied. When making a decision he looks at the time frame of the event, the number of attendees, whether minors will be present, the location, and what security measures are being taken. He mentioned, previous police administrations have required at least 14 days’ notice to approve event permits but he has been flexible. He cited NDCC 53-02-08 which gives the Police Chief the authority to demand policing for events and even to require the fee be paid in advance. Alderman Wolsky said, in his research, he found there is a procession permit as well as an event permit. He believes the application is not clear on when security is required and suggested a review of the permit process is necessary to provide clarity and consistency. The Mayor said not to confuse poor planning on the part of the organizer with a problem in the process. Since this is the first time an application has been denied, it is premature to place blame on the application CITY OF MINOT COMMITTEE OF THE WHOLE August 2, 2017 Page 9 process. He commended the Police Chief for removing the 14 day rule and said there is some responsibility on behalf of citizens to be aware of policies. Alderman Wolsky said he would like to see events be able to take place without the security requirement because the $400-$500 cost for security may make the difference in an event’s success. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Wolsky and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none 20. The City Council approve an ordinance to change the intersection at the north end of 10th St and 2nd Ave SW from a yield controlled intersection to a stop controlled intersection. Also approve an ordinance to restrict on-street parking on the north side of 2nd Ave SW, beginning at 10th St SW ending 130’ to the west. ********** The above motion by Mayor Barney, seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky. nays: none There being no further business, the meeting was adjourned at 5:50 pm. Respectfully Submitted, Kelly Matalka, City Clerk CITY OF MINOT