Public Works & Safety Committee

PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 1 Members Present: Berg, Jantzer, Lehner, M. Miller, Schuler Members Absent: Connole, Hatlelid Others Present: Acting City Manager/Finance Director, City Clerk, Assistant City Attorney, Assistant City Engineer, City Planner, Building Official, Fire Chief, Captain White, Public Works Director, Assistant Public Works Director, Alderman Olson, Alderman Seymour, Jill Schramm, Shaun Sipma, Kevin Ploof, Mayor Barney To the Honorable Mayor and All Aldermen: Following are the recommendations of the Public Works and Safety Committee meeting called to order at 4:15 p.m. on July 2, 2014: 1. The City Council ratify the application and authorize acceptance of the North Dakota Department of Transportation Traffic Safety grant, in the amount of $5,800 for the overtime enforcement of Distracted Driving Laws; and further authorize the Mayor to sign the necessary documentation on the City’s behalf. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 2. The City Council ratify the application of the application and authorize acceptance of a grant in the amount of $32,6000 from the North Dakota Department of Transportation Traffic Safety Office for the overtime enforcement of Impaired Driving ($17,600), Seat Belt ($7,000) laws and Underage Drinking Law Enforcement ($5,000). The grant funding is also being requested for radar equipment (2) in the amount of $3,000; and further authorize the Mayor to sign the necessary documentation on the City’s behalf. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 3. The City Council approve the encroachment request by The Starving Rooster to install a sign on the west exterior of their building located at 30-1st St NE, and authorize the City Attorney to prepare the encroachment permit subject to the following: The permit contains the usual language protecting the City form any liability that may result from the encroachment, the applicant pays a processing fee of $100. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 4. The City Council consider the encroachment request from Souris River Brewing to install a pole sign along the sidewalk of their building located at 32-3rd St SE and require SRB to obtain written support from any utility company using this easement; and further authorize the City Attorney to prepare the encroachment permit subject to the following: The permit contains the usual language protecting the City form any liability that may result from the encroachment, the applicant pays a processing fee of $100. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 2 5. The City Council award the bid to Dakota Fencing in the amount of $85,400 for the Landfill fencing project (LF0010) (3949); and further authorize the transfer of funds from landfill cover account to the landfill capital account. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 6. The City Council award the bid to Fire Safety USA, in the amount of $40,750 for the Breathing Air Compressor and Fill Station, as well as option one for the Stallion Lab on location including 8 air quality tests; and further authorize the Fire Chief to complete the purchase. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 7. The City Council place and pass an ordinance, on first reading, restricting the parking on the west side of 4th St SW between 19th Ave SW and an alley located approximately 200’ south of the intersection of 4 th St SW and 19th Ave SW. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 8. The City Council authorize the acceptance of the 2014 Office of Community Oriented Policing Services (COPS) grant; and further authorize the Mayor to sign the necessary documentation on the City’s behalf. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 9. The City Council authorize North Prairie Rural Water to connect to City sewer line at the Puppy Dog Lift station subject to the following conditions: connections must pay required connection fee, properties outside City limits pay the 100% surcharge on sewer service and sign agreement to not protest potential annexation, developers will provide agreement to upgrade lift station to meet City standard specifications in the event of annexation. ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 10. The City Council award the bid to Tom’s Backhoe Service, Inc. in the amount of $5,618,350 for the 30th Ave / 55th St NE Gravity Sewer project (3490.2). ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. 11. The City Council place and pass the following ordinances on second reading: a. Ordinance No. 4863 – Amending 2014 Annual Budget – Increase Sewage Pumping and Treatment Expenses – Waste Water Treatment Facility Planning Study ********** The above motion by Alderman Lehner, seconded by Alderman Schuler, and carried unanimously. PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 3 12. The City Council authorize the staff to use up to $300,000 from the emergency fund for the blighted homes. ********** The above motion by Alderman Lehner, seconded by Alderman M. Miller and carried unanimously. Melinda Bolton of 723 20th Ave SW appeared before the Committee to ask what funding will be used for. The Finance Director stated there was a emphasis on making homes safe in regards to fences and boarded windows. She stated as the process is carried out, the home will be demolished if possible. 13. The City Council approve a resolution for extension to maintain THU (temporary housing units) on private property until October 1, 2014 for multiple property owners. ********** Alderman Lehner stated he has personally reviewed all the request letters and determined that requests varied from one month to potentially three years. He said there were also four property owners that did not respond at all. Alderman Lehner said he was reluctant to give a general blanket approval to all requests and believed it would be best to look at groupings separately. Alderman Lehner moved to grant an extension until October 1, 2014, with required inspections to determine further extension if needed to the following property owners:  Jeff Hansen – 2416 2nd Ave SW  Jerry Jorgenson – 205 8th St SE  Jenifer Valdez – 209 17th St SE  Sylanie & Stacy Schonauer – 214 8th St SE  Karen Borman – 1107 6th Ave SW  Timothy Wells – 217 5th St NW  Vicki Ahmann – 617 19th St NW  Jerry Odden – 108 18th St NW  Kelsey Slauter- 805 2nd Ave NE  Herbert Mosher – 821 2nd Ave NE  Terry Bernsdorf – 2005 Westfield Ave  Ruth Hubbard / Dave Cox I – 307 8th St NW  Philip Raap – 818 6th Ave NW Motion seconded by Alderman Schuler and was carried by the following roll call vote; ayes: Berg, Jantzer, Lehner, M. Miller, Schuler. Nays: none. PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 4 14. The City Council approve the immediate removal of THU (temporary housing units) on private property for multiple property owners. ********** Alderman Lehner moved to grant Staff the authority to begin the process to remove THUs and assess expenses for removing them to the following property owners:  Patrick Schmidt – 429 2nd Ave NW  Gloria Kierman – 605 1st Ave SE  Orris Brown – 3310 47th St SE  Rick Schnase – 2215 7th St Motion seconded by Alderman M. Miller and was carried by the following roll call vote; ayes: Berg, Jantzer, Lehner, M. Miller, Schuler. Nays: none. 15. The City Council approve a resolution for extension to maintain THU (temporary housing units) on private property until October 1, 2014 for multiple property owners. ********** Alderman Lehner moved to grant an extension until October 1, 2014, with required inspections to determine further extension if needed to the following property owners:  Deborah Luetzen – 720 2nd Ave NE  Jeanne & David Cox II – 19 8th St NE Motion seconded by Alderman Berg and was carried by the following roll call vote; ayes: Berg, Jantzer, Lehner, M. Miller, Schuler. Nays: none. 16. The City Council approve a resolution for extension to maintain THU (temporary housing units) on private property until October 1, 2014 for Rose and Matthew Enney-5500 County Road 15W. ********** Alderman Lehner moved to grant an extension until October 1, 2014, with required inspections to determine further extension if needed to the following property owner:  Rose and Matthew Enney – 5500 County Road 15 W Motion seconded by Alderman Schuler. City Planner Bye stated this owner had previously been approved for a special use permit to maintain the unit on their property for use by their parents, Howard and Carol Stavem, whose home was destroyed in the 2011 flood. The Stavems are in the process of building new home which is expected to be completed this fall. Whereupon, a vote was taken on the motion by Alderman Lehner, seconded by Alderman Schuler and was carried by the following roll call vote; ayes: Berg, Jantzer, Lehner, M. Miller, Schuler. Nays: none. PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 5 17. The City Council approve a resolution for extension to maintain THU (temporary housing unit) on private property until October 1, 2014 for Eldore Leier of 2109 1st Ave SW. ********** The above motion by Alderman Lehner, seconded by Alderman M. Miller. Paula Leier LaRocque appeared on behalf of her mother, Eldore Leier, to ask for the extension to keep the THU on her mother’s property although the request had been turned in past the June 16, 2014 deadline. Ms. LaRocque expressed difficulty in forwarding the necessary information via email and mentioned extenuating circumstances which prohibited her from delivering the documentation in person. She also stated she had contact the Assistant City Planner to explain the reason for missing the deadline. Whereupon, a vote was taken on the motion by Alderman Lehner, seconded by Alderman M. Miller and was carried by the following roll call vote; ayes: Berg, Jantzer, Lehner, M. Miller, Schuler. Nays: none. 18. Informational – Blighted Properties – Ordinance Enforcement Options ********** The Assistant City Attorney stated she provided an extensive memo that outlined the options in dealing with property owners of blighted homes. The process is being completed with the help of the with the engineering and inspection departments who inspected 347 homes. The spreadsheet that was created for this process has issues listed by level of importance to address and is updated as soon as changes are done. The Building Inspector has completed notice forms which are reviewed and mailed out via certified mail. She continued by stating right now the City is dealing with open conditions, doors, pits and windows that can be abated within the time limit. The contractor will then be given work orders for those properties that need further abatement. The Building Official stated they began initial inspections on all the listed properties on May 15, 2014. He noted as of June 5th, 81 certified letters were sent out and 41 were received by respective owners. He also said as of June 5th, 210 inspections were completed. He said 16 of the properties were moved from emergency to non-emergency and 10 properties were removed permanently from the list due to demolition. The Building Official continued by stating 41 building permits have been issued, although 13 of them have been abandoned. He concluded by noting 14 additional letters will be sent out next week. The Assistant City Engineer stated the list compiled by the citizens group is not available on the City website per a concerned citizen request. She said, at date the contractor who bid the project has provided the address of 3 homes that will need to be taken care of immediately. She explained the items bid in the contract include OSB to cover windows and doors, fences for basements, debris cleanup and weed removal. Eric Woodleff of 604 1st Ave SE appeared before the Committee to ask about the 40 letter that have not been received via certified mail. The Building Official responded by stating for the letters to have not been received, the Inspection Department must still be given 5 days before they can begin the inspection process. Alderman Lehner stated there is potential that many of the properties will be demolished and the properties will come back to the City with back taxes and little value. He said the City will be holding property that is upside down in debt and will potentially be sold for less than what is owed on the property. He concluded by saying, in the event this happens, the remaining debt on the properties will be assessed in taxes to all citizens of Minot. PUBLIC WORKS AND SAFETY COMMITTEE July 2, 2014 Page 6 The Finance Director stated the City will try to resell but there are potential costs that will not be able to be recouped. She noted the City carries the debt in the immediate time and it could take years to recover the costs. Alderman Jantzer asked staff to track the average costs being expended for each lot as there is a possibility the City could go through all the available funds very quickly. Shaun Sipma of 924 4th Ave NW stated there are no other options to the situation and the Minot property owners should be informed of the expense to them that could be incurred. He said in 2016 new flood maps will be available and will make rebuilding homes unaffordable after that time. He concluded by stating if anyone is looking to rebuild, it would need to be done in the next year and a half before the flood maps are available. Alderman Lehner agreed with Sipma concerning his statement with regard to affordability. Eric Woodleff asked about the process in ordinances that can be used to prosecute with criminal charges. The Assistant City Attorney stated the initial phase of abatement is for unsafe conditions. She noted the criminal charges are a fine not to exceed $1,500 or imprisonment not to exceed 30 days in jail. She believes the abatement process is a better option for this situation. She stated, if the City is having difficulty in serving property owners for abatement, there will also be little chance of serving them a warrant. She also stated, the City still has the option to criminally prosecute if abatement is not successful. She concluded by saying each case needed to be reviewed on a case by case basis. There being no further business, Alderman Jantzer adjourned the Public Works and Safety Committee meeting at 5:00p.m. Respectfully Submitted, Lisa Jundt, City Clerk