Committee of the Whole

COMMITTEE OF THE WHOLE November 1, 2017 Page 1 Members Present: Barney (Mayor), Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None 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 November 1, 2017: 1. The City Council approve the Memorandum of Understanding between the North Dakota Firefighter’s Association (NDFA) and the Minot Fire Department; and authorize the Mayor to sign the agreement ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 2. The City Council ratify the acceptance of the Rural Community Grant request from the fire department to replace the self-contained breathing apparatus (SCBA) air compressor and pass an ordinance amending the 2018 annual budget. (FD0068) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 3. The City Council to accept the North Dakota Department of Emergency Services (NDDES) FY 2017 State Homeland Security Program (SHSP) Regional Response Team Grant for the Minot Police Department Bomb Team that was originally approved on June 29, 2017 and was awarded on October 4, 2017; Pass an ordinance amending the 2017 annual budget; and authorize a call for bids for a Live Video X-ray System and a Chemical Identification System for Solids and Liquids. (PD0142) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 4. The City Council authorize a call for bids for a full coverage bomb suit for the Minot Police Department Bomb Squad in fulfillment of the FY2016 Homeland Security Grant award. ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 2 5. The City Council adopt a resolution to apply for a loan from SRF funds and authorize the Mayor to sign the application. (4202) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 6. The City Council approve the “Enter and Do Work on Right of Way” Agreement with the NDDOT and; authorize the Mayor to sign the agreement retroactively. (4247) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 7. The City Council approve the contract amendment with Apex Engineering in the amount of $7,400 for 55th Street Lift Station Improvements and authorize the Mayor to sign the amendment. The City Council also authorize the use of contractor liquidated damages to offset the increase in engineering costs. (3490.1) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 8. The City Council approve the contract amendment with Ackerman-Estvold Engineering in the amount of $230,562 for Puppy Dog Sewer Phase 6and authorize the Mayor to sign the agreement. The City Council also authorize the use of contractor liquidated damages to offset the increase in engineering costs. (3020.5) ********** The above motion by Alderman Sipma, seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky. nays: none. 9. The City Council suspend the sale of alcohol at Johanneson’s, Inc. dba Marketplace Liquor, located at 2211 16th St NW, for three consecutive days. ********** A public hearing was held for Johanneson’s, Inc. dba Marketplace Liquor, for the North Hill location. The City Attorney stated, the representative signed an administrative order saying the violation did occur however they wish to contest the penalty of suspending the sale of alcohol for three days. The Police Chief came forward to explain the process in place for compliance checks. He said, the continuum of suggested penalties has been in place for many years but was more recently put into writing. Prior to that, offenses were penalized at the discretion of the Police Chief. The process is usually handled informally but the establishment is given the opportunity to discuss the violation in a public hearing if they disagree with the decision. Chief Olson continued by saying, Marketplace Liquor has failed two out of the three compliance checks done in the last two years. He reviewed the Liquor Ordinance Violation CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 3 Continuum and said, the first violation is a letter of warning; the second violation states the business should close for three consecutive days. Upon questioning by Alderman Wolsky, the Police Chief said, the sanctions are not codified in the ordinance, but rather are used as a policy in the Police Department. Zac Miller, the Senior Store Director of the West Region, spoke on behalf of Marketplace Liquor. He said, he requested the hearing to discuss the policies the store has in place to prevent the sale of alcohol to minors and to let the Council know they take the offense seriously. He explained, when selling alcohol, the cashier is required to card any customer under 50 years old. The system requires a date of birth to be entered and if the customer is under age, it automatically ends the sale. The employee at the time of the violation entered the birthdate of the undercover officer but overrode the safeguard by using a supervisor code. He said the employee has been penalized and is no longer permitted to sell alcohol or tobacco products. He requested the Council reduce the penalty and he explained that depending on which days are chosen, the company could lose between $20,000 and $60,000 in sales. Mayor Barney questioned whether the company is taking the infraction seriously if the employee who committed the offense is still working there. Mr. Miller responded by saying, the employee has been reprimanded and is no longer in a position to sell alcohol. He added, the policy has been changed to ensure the penalty will be termination in the future. Alderman Sipma moved the City Council move forward with the three day suspension for Johanneson’s, Inc. dba Marketplace Liquor (2211 16th Street NW) and the closure shall be carried out within 30 days. Motion seconded by Alderman Straight. Alderman Sipma explained his reasoning for the motion by saying, there are procedures in place and if they did not hold business accountable for the consequences then there is no reason for them to comply. He then suggested the violation continuum be codified in the future. Whereupon a vote was taken on the motion by Alderman Sipma, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 10. The City Council ratify the acceptance of the FEMA Assistance to Firefighter Grant request from the fire department to replace all self-contained breathing apparatus (SCBA) for the department and pass an ordinance amending the 2018 annual budget to reflect the grant award. (FD0067) ********** The above motion by Alderman Wolsky, seconded by Alderman Olson. Upon questioning by Alderman Wolsky, the Fire Chief stated, the old equipment gets outdated as new standards are adopted. If the bid is won by the company that originally sold the equipment, the City may be able to sell it back. There also may be opportunities for use in other departments. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 4 11. The City Council Appoint Christene Reierson to represent the City of Minot at Minot Municipal Court for twelve weeks; compensate Ms. Reierson a total of $12,000.00 for the above described representation and time period; and authorize the Mayor to sign an agreement relating to this appointment. ********** The above motion by Alderman Wolsky, seconded by Alderman Straight. The City Attorney clarified, the motion is to retain a part-time, limited attorney during her maternity leave. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 12. The City Council pass ordinance updates relating to Chapter 7, Chapter 20, Chapter 21, and Chapter 23. ********** The above motion by Alderman Wolsky, seconded by Alderman Sipma. Alderman Wolsky stated, in the future, he would like to see a comparison between the previous ordinance and the proposed changes. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 13. The City Council approve the task order agreement with Apex Engineering for improvements to a chemical injection station near Roosevelt Lift Station in the amount of $99,995.00 and authorize the Mayor to sign the agreement. (4305) ********** The above motion by Alderman Olson, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight; nays: Wolsky. 14. The City Council approve the request from Voravud Wongsuphakphan, dba Thai Hot 2, for a Specialty Restaurant Beer & Wine License operating at 122 South Main Street Suite G subject to approval by the Police Chief, Fire Marshall, and Building Official. ********** The above motion by Alderman Sipma, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 15. The City Council approve the engineering contract amendment with Apex Engineering Group in the amount of $49,756 for the Burdick Expressway Reconstruction; and authorize the Mayor to sign the amendment. (4179) ********** CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 5 The above motion by Alderman Olson, seconded by Alderman Sipma. Alderman Wolsky asked if the amendment would include the same cost share between the City and State funding. The City Engineer replied by saying, water and sewer improvements are paid for entirely by the City. If the change was eligible for State funding then it would have the same cost share as the rest of the project. Upon further questioning, the City Engineer said, the ribbon cutting for Burdick Expressway is next Thursday. The contractor is working on final punch list items and cleanup and should be complete by Wednesday evening or Thursday morning. The Mayor requested the ribbon cutting be more adequately publicized to make sure citizens are aware. Whereupon a vote was taken on the above motion by Alderman Olson, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 16. The City Council approve the contract amendment with Apex Engineering in the amount of $120,380.00 for the 30th Ave Sewer Project and authorize the Mayor to sign the agreement. (3490.5) ********** The above motion by Alderman Olson, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight; nays: Wolsky. 17. The City Council approve the task order agreement with CPS Engineering in the amount of $273,367.00 for the landfill expansion and authorize the Mayor to sign the agreement. The City Council also pass an ordinance amending the budget to allow the use of an interfund loan with Water/Sewer funds. (4306) ********** The above motion by Alderman Sipma, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 18. The City Council authorize the City Engineer to send technical comments on the proposed Flood Insurance Rate Maps to FEMA. (3888) ********** The above motion by Alderman Wolsky, seconded by Alderman Olson. Upon questioning by Alderman Wolsky, the City Engineer stated, the Council will receive the comments for FEMA as soon as it is complete but the draft is undergoing a final vetting before it is submitted. The Mayor thanked Ryan Ackerman for all of the hard, smart work that has been put into ensuring the Flood Risk Maps are further studied. The Committee members agreed, there will be a significant impact on the City and they hope representatives from FEMA make a close examination in our favor. They suggested the information be communicated with the public as soon as an update is available. CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 6 Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Olson and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 19. The City Council approve the updates and routes to the emergency snow removal plan. ********** The above motion by Alderman Sipma, seconded by Alderman Straight. Alderman Podrygula said, after the discussions about snow removal last winter, there was a consensus that snow emergencies should be declared sooner and the department would need more equipment and manpower to make snow removal faster. He asked for an update on those issues. The Public Works Director stated, the snow plan was presented to the Council after it was reviewed by several other cities. The plan was well received, has not been modified and is available on the City website. He said, he would be unable to declare a snow emergency before the weather occurs. There was additional equipment requested in the 2018 budget but in order to achieve the goals suggested, would account for $1.8 Million and was cut from the budget. The department will continue to do the best they can. Mr. Jonasson continued by explaining the updates to the snow routes. He said they included more streets as priority snow routes to ensure no area has too much distance before reaching a clear thoroughfare. He also clarified some areas toward the east which connect to Highway 2 or roads under County authority. Alderman Sipma asked about towing cars in situations when they are preventing snow routes from being properly cleared. The Public Works Director stated, it is dependent on the availability of Police and where they are in the process of clearing the routes. Alderman Wolsky questioned if there was enough personnel to run the equipment without the use of a contractor, to which Mr. Jonasson replied by saying, employees can be pulled from other departments if it is necessary. They are able to keep the sand/salt trucks running and the blades as often as possible. Alderman Wolsky suggested keeping a reserve of personnel on call made up of retired employees who can run equipment in the case of an emergency. Whereupon a vote was taken on the above motion by Alderman Sipma, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. 20. The City Council grant approval to remove traffic control signals at the 3rd Street NE / E. University Ave intersection and replace with a Two-Way STOP Controlled intersection, with E. University Avenue being the STOP street. ********** The above motion by Alderman Straight, seconded by Alderman Sipma. CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 7 Joseph Jastrzembski, of 911 1st St NE, came forward to remind the Committee there are residential areas near this intersection and he suggested slowing the traffic or installing a stop at the intersection. He has witnessed pedestrians unable to cross because of the high traffic and said a crosswalk or warning sign would be a safer solution. The Traffic Engineer explained, the amount of traffic moving north and south is four times higher than the east/west direction and the industry standard is to have equally controlled traffic. During his traffic study, he did not observe enough pedestrian traffic to justify a crosswalk. Alderman Podrygula asked about the costs associated with different options. The Traffic Engineer said a push button crosswalk would cost about $21,000 and it would be about $55,000 to replace the traffic light. He continued by saying, when he is asked to spend the budget strategically, this intersection is not a priority compared to other higher traffic areas. The City Engineer further explained, during DOT projects, temporary signals have been placed at detours and were left in place. Most, if not all of those signals will not warrant a permanent replacement once the life of the signal has expired. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Sipma, Wolsky; nays: Podrygula, Straight. ********** 21. The discussion on Committee Structure and City Council Schedule was postponed until the November Committee of the Whole meeting. ********** 22. Presentation of the Single Family Home Design Book ********** John Zakian introduced Melissa Ziegler, of CDM Smith and Alan Dostert, President & CEO of EAPC, to communicate some information on the design book for single family homes. The project will focus on providing resilient, smart housing for LMI eligible homeowners who were adversely affected by the flood, to build new homes through the NDR program. Another piece of this activity includes the recently submitted proposals from single large tract developers to identify 25 lots to use to participate in this project. Mr. Zakian explained, the goal is to accelerate the buy-in program by providing options to homeowners to create not only resilient, but affordable housing in Minot. Mr. Dostert, of EAPC, the partner identified in the action plan to provide the work, gave an overview of some of the potential home designs. He said, they will be built from quality, environmentally sound materials but the size and specific attributes will depend on the cost and location. After the presentation, Mr. Zakian responded to concerns from the Committee by saying, the project will not overwhelm the market with new construction. They understand the conditions have changed since the plan was developed in 2015, so staff has been working with a group of realtors, bankers and other CITY OF MINOT COMMITTEE OF THE WHOLE November 1, 2017 Page 8 individuals with a stake in the market, to ensure they balance investments to advance the project without flooding the market. There being no further business, the meeting was adjourned at 5:39 pm. Respectfully Submitted, Kelly Matalka, City Clerk CITY OF MINOT