Minot City Council -Special Meeting- Friday, July 21, :00 PM Minot City Council Chambers- City Hall

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1 Minot City Council -Special Meeting- Friday, July 21, :00 PM Minot City Council Chambers- City Hall You are hereby notified pursuant to the authority vested in me as City Manager of the City of Minot, North Dakota, under Section 2-27 of the City of Minot Code of Ordinances, that I am calling a special meeting of the Minot City Council to be held in the City Council Chambers in City Hall, Minot, North Dakota, on Friday, July 21, 2017 at 12:00 pm for the purpose of discussing amendments to the Mouse River Enhanced Flood Protection Plan (MREFPP). Tom Barry, City Manager ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION OF REPRESENTATIVE LOUSER'S FLOOD INFORMATION MAPPING SYSTEM REQUEST TO THE WARD COUNTY COMMISSION PHASE 1 CHANGES/PHASE 5 DESIGN GUIDANCE Phase 5 of of the MREFPP extends from the East termination point of Phase 1 across the BNSF tracks into the Ben's Tavern neighborhood. If approved, this direction would improve and replace the existing pathway under the railroad which has fallen into a state disrepair and provide wet-side access to the project and maintain pedestrian infrastructure currently used by residents. Motion: to direct Phase 5 designs to include a pedestrian opening to the wet-side of the MREFPP near 3rd St. NE, an easement from BNSF Railroad for a shareduse path under the BNSF tracks, and improvement of the path to ADA and BNSF standards. Documents: MINOT CITY COUNCIL - PHASE 5 - PROJECT GUIDANCE.PDF 5. PHASE 1 WEST-END DESIGN EVALUATION Phase 1 of of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes pedestrian access to the wet-side of the project area at a proposed park located at the SE corner of Broadway and 4th Ave. NW. The pedestrian opening connects to a shared-use path that extends East towards the Victoria and Anne Street Bridges. This motion would direct project engineers to evaluate the feasibility of continuing the path West, under the Broadway Bridge toward an eventual connection point at and possibly under 4th Ave NW. Motion: to request the SRJB evaluate the cost and viability of continuing the wetside shared-use path from the Broadway Park entrance westward under the Broadway Bridge to provide pedestrian access to 4th Avenue and points beyond. Documents:

2 MINOT CITY COUNCIL - PHASE 1 WEST-END DESIGN EVALUATION.PDF 6. PHASE 1- WET-SIDE SHARED USE PATH EASTWARD CONTINUATION Phase 1 of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes a west-side shared use path that runs East from the Broadway access point providing access to the Victoria and Anne Street Bridges. This motion would continue construction of the shared use path eastward from the Anne Street Bridge to the termination point of Phase 1 where it would later be tied in with future construction phases. Motion: to request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan for the purposes of continuing the wet-side shared-use path eastward to the termination point of Phase 1 construction. Documents: MINOT CITY COUNCIL-PHASE 1-EAST END SHARED USE PATH.PDF 7. PHASE 1: ANNE STREET BRIDGE OPENING Phase 1 of of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes pedestrian access to the wet-side of the project area at a proposed park located at the SE corner of Broadway and 4th Ave. NW. The pedestrian opening as designed requires 56' lineal feet of removable flood protection infrastructure in three separate but adjoining openings. The opening sizes are 16', 24', and 16' respectively. Phase 1 is currently 100% designed; it is expected that approval of the final bid package will be presented to City Council at the August 2017 meeting. Motion: to request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan (MREFPP) for the purposes of adding an 8 pedestrian opening in the flood wall that provides direct access to the Anne Street Bridge. To accommodate operation and maintenance concerns, the Broadway Access flanking openings would be reduced from 16 to 8 each. Documents: MINOT CITY COUNCIL - PHASE 1 - ANNE STREET BRIDGE OPENING.PDF 8. CONSIDERATION OF A RESOLUTION OF SUPPORT FOR THE MAGIC CITY WATERWAY CONCEPT This resolution has been developed as a solution to the City's meanders of the Mouse River. It will not bind the City to future action or spending, it will only serve as guidance for staff and SRJB officials as they shepherd the MREFPP project through the feasibility study process to ensure the U.S.A.C.E. is aware that the City of Minot supports attempts to mitigate damages (dead loops) caused by the existing federal flood protection project. Documents: MAGIC-CITY-WATERWAY-RESOLUTION.PDF 9. ADJOURNMENT

3 Phase 1 Changes/Phase 5 Design Guidance Motion: to direct Phase 5 designs to include a pedestrian opening to the wet-side of the MREFPP near 3rd St. NE, an easement from BNSF Railroad for a shared-use path under the BNSF tracks, and improvement of the path to ADA and BNSF standards. Background: Phase 5 of of the MREFPP extends from the East termination point of Phase 1 across the BNSF tracks into the Ben's Tavern neighborhood. If approved, this direction would improve and replace the existing pathway under the railroad which has fallen into a state disrepair and provide wet-side access to the project and maintain pedestrian infrastructure currently used by residents. SRJB/Minot Considerations : The Souris River Joint Board is the project sponsor for the basin-wide Mouse River Enhanced Flood Protection Project. The City of Minot has appropriated 50% of 1-cent of sales tax toward funding the local cost share portion of the project. Within the Joint Powers Agreement between the City of Minot and the SRJB, the City retains the right to shape project design features within the city limits. Funding: Cost estimates for these changes are not yet available. It is possible this improvement would be viewed as a betterment by the State Water Commission which may limit the state s participation in cost sharing. Image Source Link

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5 Phase 1 West-End Design Evaluation Motion: to request the SRJB evaluate the cost and viability of continuing the wet-side shared-use path from the Broadway Park entrance westward under the Broadway Bridge to provide pedestrian access to 4th Avenue and points beyond. Background: Phase 1 of of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes pedestrian access to the wet-side of the project area at a proposed park located at the SE corner of Broadway and 4th Ave. NW. The pedestrian opening connects to a shared-use path that extends East towards the Victoria and Anne Street Bridges. This motion would direct project engineers to evaluate the feasibility of continuing the path West, under the Broadway Bridge toward an eventual connection point at and possibly under 4th Ave. NW. SRJB/Minot Considerations: The Souris River Joint Board is the project sponsor for the basin-wide Mouse Rier Enhanced Flood Protection Project. The City of Minot has appropriated 50% of 1-cent of sales tax toward funding the local cost share portion of the project. Within the Joint Powers Agreement between the City of Minot and the SRJB, the City retains the right to shape project design features within city limits. Funding: Cost estimates for these changes are not yet available. It is possible this improvement would be viewed as a betterment by the State Water Commission which may limit the state s participation in cost sharing. Image Source Link

6 Current design configuration for Broadway Access point and shared-use path to the east.

7 Phase 1 - Wet-side Shared-Use Path Eastward Continuation Motion: to request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan for the purposes of continuing the wet-side shared-use path eastward to the termination point of Phase 1 construction. Background: Phase 1 of of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes a west-side shared use path that runs East from the Broadway access point providing access to the Victoria and Anne Street Bridges. This motion would continue construction of the shared use path eastward from the Anne Street Bridge to the termination point of Phase 1 where it would later be tied in with future construction phases. SRJB/Minot Considerations: The Souris River Joint Board is the project sponsor for the basin-wide Mouse River Enhanced Flood Protection Project. The City of Minot has appropriated 50% of 1-cent of sales tax toward funding the local cost share portion of the project. Within the Joint Powers Agreement between the City of Minot and the SRJB, the City retains the right to shape project design features within city limits. Funding: Cost estimates for these changes are not yet available. It is possible this improvement would be viewed as a betterment by the State Water Commission which may limit the state s participation in cost sharing. Image Source Link

8 Phase 1: Anne Street Bridge Opening Motion: to request the SRJB authorize a design addendum to Phase 1 of the Mouse River Enhanced Flood Protection Plan (MREFPP) for the purposes of adding an 8 pedestrian opening in the flood wall that provides direct access to the Anne Street Bridge. To accommodate operation and maintenance concerns, the Broadway Access flanking openings would be reduced from 16 to 8 each. Background: Phase 1 of of the MREFPP extends from just West of the Broadway Bridge to just East of the 3rd Street Bridge. Current design includes pedestrian access to the wet-side of the project area at a proposed park located at the SE corner of Broadway and 4th Ave. NW. The pedestrian opening as designed requires 56' lineal feet of removable flood protection infrastructure in three separate but adjoining openings. The opening sizes are 16', 24', and 16' respectively. Phase 1 is currently 100% designed; it is expected that approval of the final bid packaged will be presented to City Council at the August 2017 meeting. SRJB/Minot Considerations: The Souris River Joint Board is the project sponsor for the basin-wide Mouse River Enhanced Flood Protection Project. The City of Minot has appropriated 50% of 1-cent of sales tax toward funding the local cost share portion of the project. Within the Joint Powers Agreement between the City of Minot and the SRJB, the City retains the right to shape project design features within city limits. Funding: Cost estimates for these changes are not yet available. It is possible this improvement would be viewed as a betterment by the State Water Commission which may limit the state s participation in cost sharing. Broadway Opening Size Current Design One 24' Wide x 13.5' Tall Primary Opening Two 16' Wide x 10' Tall Secondary Openings Alternate Configuration One 24' Wide x 13.5' Tall Primary Opening Two 8' Wide x 10' Tall Secondary Openings Anne Street Opening Size No Opening One 8' Wide x 16' Tall Opening # of Temporary Columns 4 2 # of Stoplogs (Approx.) # of Locations 1 2 Source: Ryan Ackerman, Project Administrator, SRJB

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10 RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE RESTORATION OF MINOT'S NATURAL MEANDERS OF THE MOUSE RIVER FOR THE PURPOSES OF COMMUNITY BETTERMENT, HABITAT RESTORATION, AND PUBLIC SAFETY WHEREAS, the meanders of the Mouse River through Minot -- known locally as 'dead loops -- are unintended consequences of Minot s existing federal flood protection project. WHEREAS, the meanders are sections of natural river channel through Minot. WHEREAS, the meanders support limited aquatic life and fish due to degraded habitat and water quality. WHEREAS, annual duckweed blooms on the river and in the meanders negatively impact perception of the Mouse River and may be reduced by restoration of natural current in the meanders. WHEREAS, section of the City of Minot Code of Ordinances prohibits boating or swimming within three hundred feet of a dam or any structure within the river which creates dangerous currents or other hazardous water conditions, effectively limiting the ability to canoe, swim, or recreate on the Mouse River. WHEREAS, with rising flood insurance costs and many citizens still recovering from the 2011 flood, it is reasonable for the City of Minot to pursue projects and concepts that may improve property values in flood-impacted neighborhoods near the river and natural meanders. WHEREAS, engineering firm Ackerman-Estvold, at the request of the City of Minot's former City Manager, developed the Magic City Waterway concept to restore the ecological and recreational quality of our natural meanders, improve our riverine habitat, and allow those recreating on the river to bypass the cofferdams safely. WHEREAS, the U.S. Army Crop of Engineers (U.S.A.C.E.) has a program and funding for ecosystem restoration projects that address unintended negative consequences of past U.S.A.C.E. infrastructure projects such as the Minot area's existing federal flood protection project. WHEREAS, as part of the Mouse River Enhanced Flood Protection Project (MREFPP) the Souris River Joint Board (SRJB) is required to mitigate project impacts to wetlands through habitat restoration programs. WHEREAS, the meanders, in conjunction with Minot s current flood protection infrastructure, serve the role of storm water detention.

11 WHEREAS, the protection of life and property are the primary purpose of Minot s ongoing flood protection efforts through the SRJB and the MREFPP. WHEREAS, it is appropriate and expected that Minot's City Council provide guidance and direction for future and potential projects within the City of Minot. NOW, THEREFORE, BE IT RESOLVED by the City of Minot, North Dakota to support restoration of Minot s natural meanders of the Mouse River though Minot for the purposes of community betterment, habitat restoration, and citizen safety. BE IT RESOLVED by the City of Minot, North Dakota that if wetland mitigation activities are required as a result of the MREFPP project activities within Minot, the City of Minot supports the SRJB s exploration of options to mitigate wetland impacts through restoration of the meanders of the Mouse River. BE IT RESOLVED by the City of Minot, North Dakota hereby supports the SRJB s pursuance of a federal or state partner in ecosystem restoration through the ongoing U.S.A.C.E. feasibility study activities. BE IT RESOLVED by the City of Minot, North Dakota that the Magic City Waterway or similar future concept is hereby adopted as a goal of the City of Minot. WHEREUPON, the motion was declared duly passed and adopted this day of July, ATTEST: Kelly Matalka, City Clerk APPROVED: Chuck Barney, Mayor