REGULAR MEETING DICKINSON CITY COMMISSION June 21, 2022 I. CALL TO ORDER President Scott Decker called the meeting to order at 4:30 PM. II. ROLL CALL Present were: President Scott Decker, Vice President Jason Fridrich, Commissioners Suzi Sobolik, John Odermann and Nikki Wolla Absent: None 1. ORDER OF BUSINESS MOTION BY: Suzi Sobolik SECONDED BY: Jason Fridrich To approve the June 21, 2022 Order of Business as presented but to remove 3B under administration. This item will be presented at the July 6, 2022 meeting. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 2. CONSENT AGENDA MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik A. Approval of meeting minutes dated June 7, 2022 B. Approval of Accounts Payable, Commerce Bank and Checkbook DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 3. ADMINISTRATION/FINANCE A. 11th Street West Phase II Cost Share Interim City Administrator Dustin Dassinger presents a request from Able Inc. for the City to pave 11th Street West. He states in December the City committed to participate in the T-Rex Mall project, Phase 2 at $98,353.00 Interim City Administrator Dustin Dassinger stated Winn Construction was awarded the bid. City staff recommends to move forward with the $98,353 to be paid directly to Winn Construction once the street project is complete. The funding will come from the Gross Production Tax. MOTION BY: Jason Fridrich SECONDED BY: John Odermann To approve to pay for the cost of 11th Street West up to the amount of $98,353 to Winn Construction once the project is complete. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Sales Tax Discussion Interim City Administrator Dustin Dassinger presents the sales tax and states the employees are looking at the direction on how the Commissioners want to proceed. City Attorney Christina Wenko states Dickinson sales tax right now is 6.5% with 1.5% allowed for city sales and 5% for the state. Ms. Wenko discusses other municipalities and states Dickinson is in the middle of the road for sales tax. She states in 1990 the City adopted the home rule charter and specific provision elements of sales tax. Ms. Wenko discusses the procedure on how the sales tax could be changed and states whether it is initiated by petition or resolution it ultimately goes to a vote of the people to decide if this is going to increase. In the event that it does pass, once that occurs, then we must give notice to the ND State Tax Commissioner. The city would need approximately 250 signatures. President Scott Decker states the City would use 40% to lower property tax, 30% would go for projects/infrastructure and 30% going to community betterment projects such as the sports complex, library, etc. He states what better way to help pay the city’s expenses are those that are going to be traveling to Medora to see the Theodore Roosevelt Library. This item will be put on the July 6th agenda. C. Airport Board – Request for Compensation City Attorney Christina Wenko presents a resolution for the airport board for compensation. This was a request from the airport’s attorney. Airport Manager Kelly Braun states the driving force was brought on by the board members to be compensated for their time. He presents the rate of $100 dollars for commission members and $150 dollars for the commission chair. The compensation would not go into effect until 2023. MOTION BY: John Odermann SECONDED BY: Nikki Wolla Adopt Resolution No. 17-2022. RESOLUTION NO. __17-2022 A RESOLUTION PROVIDING FOR COMPENSATION FOR THE COMMISSION MEMBERS OF THE DICKINSON AIRPORT AUTHORITY DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed D. SW Water Agreement Extension City Attorney Christina Wenko presents an extension of the SW Water agreement. She states SW Water and the city met to discuss, workout and fine tune the terms. There were very good discussions. The city has chosen to extend the contract for another five years. City staff and attorney have reviewed the contract and recommend approval. MOTION BY: Suzi Sobolik SECONDED BY: John Odermann To approve to the SW Water Agreement Extension for 5 years. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed E. Report: 1. 15th Street West Cost Share Legal Opinion – The District Addition City Attorney Christina Wenko states the city has voted to have a financial commitment to support and contribute the amount of $4 or $500,0000 dollars to the District Addition. The city’s involvement would need to be public bidding. She states if the city has a project over $200,000 the city needs to go out for public bidding. Based on this discussion with the AG’s office there is no statutory exception for this public bidding. Attorney Wenko states this is not a new concept and the city has done this in the past. She states the requirement would be for the developer to put money up front before the bid so the city is not left holding the bag. This might be costlier but the city is required to bid this portion of the project. Ms. Wenko states this is the bottom line that the city will need to have a public bid and to figure out the specs. The City will set up a meeting with the developer and city to discuss this cost share. City Attorney Christina Wenko states the city needs to bid any project over $200,000. The city will need a policy as it is expending public money. F. Tax Increment Financing Deputy City Administrator Linda Carlson presents information in regards to tax increment financing. Ms. Carlson has worked with four other cities, bound council and the ND Century Code. Ms. Carlson states TIF spurs economic development. She reviews the background of TIF which generally authorizes private enterprise and public resources to pay for development, rehabilitation of a renewal area under a renewal plan. Deputy City Administrator Carlson states this is case by case. Commissioner John Odermann states this is fantastic and thanks Ms. Carlson for bringing this forward. He is glad that the city is pursuing this. Deputy City Administrator Linda Carlson states the funding will be coming from different funding sources. These are normally funded by revenue bonds. It is like a loan. If the land is already being taxed you can use the land. Ms. Carlson will bring forward the application for all to review and will bring a policy forward on July 21, 2022. City Attorney Christina Wenko states this is allowed by state for the city to engage in a TIF program. The city will want a baseline template to make sure the city has a good process in place. Deputy City Administrator Linda Carlson thanks Commission Fridrich for the comment. This would be criteria policy as Ms. Carlson and staff members put this policy together. Ms. Carlson is looking for comments and thoughts. She does state Minot does not go over 5 years as then they do not have to include other taxing entities if under 5 years. G. Leadership Code for City Commissioners Tabled until the July 6, 2022 meeting. H. Monthly Financial Report Accountant Robby Morey presents the monthly financial report. As of the end of May the total unassigned cash is a little over $9 million. The investments have slowly decreased throughout the year at $36 million; 1% sales tax up $150,000; hospitality tax down a little and occupancy tax shows to be a little higher. Mr. Morey states oil impact is significantly higher in 2022. Accountant Morey states the general fund is 38% spent so far but still under budget. MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik To approve the monthly financial report. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed I. Reports: 1. HR Monthly Report HR Coordinator Shelly Nameniuk updates the commission on the open position throughout the City. Several positions were extended in the closing dates due to lack of candidates. A new position is open at this time for the Engineer/Community Development and the city has received a few applicants. Ms. Nameniuk states she has been to a few conferences and it appears that everyone has the same issue of not being able to find employees. 4. PUBLIC SAFETY A. Fire Department 1. Reports: None B. Police Department 1. Reports: Monthly Report Interim Police Chief Joe Cianni states May was quite a busy month with 2,271 calls for service in May. This number is up from last year. There were 432 traffic stops, 128 citations and 210 warnings. Also 42 traffic crashes, arrests were 143 with 24 felonies and 898 misdemeanors. Interim Police Chief Cianni states May call out numbers are high but year to date numbers are comparable. Investigation has seen 63 new cases. CID had 68 cases which is significantly higher and 99 behavior health related calls. He visits about training, SRO program, dispatch calls, and animal control calls. Interim Police Chief Cianni states National police week was in May and he thanks the community for supporting them all year. He did state sad news was the retirement of Pastor James Hessler. He was the Police Departments pastor for 41 years. 5. ENGINEERING A. Klewin Final Plat Interim City Engineer Loretta Marshik presents a final plat for Klewin Subdivision. She states this was an adjustment to clean up the property lines. This plat is located on the west side of the community in the ETZ. It is 3 acres. MOTION BY: Nikki Wolla SECONDED BY: John Odermann Adopt Resolution No. 18-2022. RESOLUTION NO. __18-2022 A RESOLUTION APPROVING FINAL RE-PLAT ENTITLED THE KLEWIN SUBDIVISION STARK COUNTY, NORTH DAKOTA. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Reports: 1. Quarterly Report Interim City Engineer Loretta Marshik updates the Commissioners on the number of current CIP projects. She reviews the projects and where the process is. Ms. Marshik presents for potential 2023 CIP projects such as the non-digital signs, heart river bridge assessment, downtown lighting phase 1B, Queen City Damn, pavement management update and Westgate industrial acres SID. She states it has been a busy year with one call at 1,789 to date. She states GIS is somewhat behind in updating the data but once this is updated it will give people more options to look at the land on the internet. She discusses current development projects. Engineer Marshik also discusses the FEMA flood plain map which has decreased about 700 residents but has also included about 700 new residents. She states that they are reviewing ways to mitigate the properties that are being added to the map. She is hoping to have FEMA come to Dickinson for a public meeting so residents can be informed of the change. President Scott Decker asks for the city to notify the 700 residents whom will be new to the flood plan and to notify them of what is coming. 6. PUBLIC WORKS A. KLJ Task Order – St. Joseph’s Cemetery Expansion Public Works Director Gary Zuroff presents a KLJ Task Order for the expansion of the St. Joseph’s Cemetery. He states this property had a master plan 20 years ago. The new area is right across from the original cemetery. It already has been marked with pins. The city will need to expand the cemetery and looking at 2023 for paving and getting the entrance complete. Director Zuroff states the task order is for $6,400 and this update the existing master plan and he would like any input from the commissioners. President Scott Decker would like to dedicate this cemetery to service people such as veterans and individuals whom have public service. This would be something nice for Stark County for vets, at least a portion of the cemetery. President Decker along with staff will be meeting with KLJ. MOTION BY: Nikki Wolla SECONDED BY: Suzi Sobolik To approve the KLJ Task Order for St. Joseph’s Cemetery Expansion. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed Public Works Director Gary Zuroff states the underpass was flooded this past week with the large storm Dickinson received. He states he was notified of the flooding and the storm was so strong that when they got over to close the gates the underpass was already flooded. There was also an issue on Fairway where the storm lines pressed up and lifted a portion of the street. This will be repaired soon. Also, a large roof drain pipe was banded and pressured up and exploded. The basement of city hall had flooded. He states there were no issues with the lift stations and this was amazing. B. Reports; 1. Mowing Update Building and Grounds Supervisor Lee Skabo visits about the mowing schedule for all cemeteries. He states the city mowed the week before Memorial Day and this took 3 days to mow, the next week they mowed the drainage ditches and this took 3 days. Most years once the cemetery is mowed the city does not have to mow it for 3 weeks, this year the city went back the next week to mow the cemeteries and this put the schedule way back on the ditches and right away. Supervisor Skabo states every Thursday they mow the park by the museum, mausoleum, LEC, new cemetery, public works and armory. The rain this year has put the city behind in mowing. Mr. Skabo is hoping after this week the city should be caught up and then continue being caught up on the mowing. He states the total number of acres they mow is around 190 acres. Commissioner John Odermann states with all things considered he feels they have done a phenomenal job. He states he has heard complaints here and there but people need to think about keeping upon their own lawns. President Scott Decker would like for the city to consider setting up a fund in events like this to have money set aside to put contractors to work when the city gets this far behind. President Decker states the city is going to be the gateway to the presidential library. Public Works Director Gary Zuroff would like to thank Lee as this is the first year of being a supervisor and Mr. Zuroff does appreciate all the work he and his staff have done. 7. PLANNING A. Future Land Use Map Amendment – The District Addition City Attorney Christina Wenko presents for a second reading an amendment to the future land use map. She states it is a 20.85 acre parcel known as the District. This is changing from Ag to Commercial. This is a second reading with no changes. MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve second reading and final passage of Ordinance No. 1755. ORDINANCE NO. 1755 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Rezoning Request – The District Addition City Attorney Christina Wenko presents for a second reading the rezoning request for the District Addition. This would be rezoning designation for 20.88 acres from AG to Commercial. There have been no changes since the first reading. MOTION BY: Nikki Wolla SECONDED BY: Suzi Sobolik To approve second reading and final passage of Ordinance No. 1756. ORDINANCE NO. 1756 AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE ZONING JURISDICTION OF THE CITY OF DICKINSON, NORTH DAKOTA. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed C. Special Use Permit – Group Daycare – 1387 24th Street West Building Official Leonard Schwindt presents a special use permit for a group daycare at 1387 24th Street West. He states Planning and Zoning have heard this request and has no issues. Staff recommend approval. MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla Adopt Resolution No. 19-2022. RESOLUTION NO. __19-2022 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO THE INSPIRATION STATION, LLC FOR DAYCARE 1387 24TH ST. W, DICKINSON, ND DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 8. BUILDING/CODE ENFORCEMENT A. Chapter 39 Amendment – heavy and Commercial Vehicles Building Inspector, I Blaine Dukart presents Chapter 39 Amendments. These revisions of definitions of commercial and heavy vehicles and regular vehicles. He states the intent was there but the verbiage left to much for interpretation. There have been no changes since the first reading. MOTION BY: John Odermann SECONDED BY: Suzi Sobolik To approve second reading and final passage of Ordinance No. 1754 ORDINANCE NO. 1754 AN ORDINANCE AMENDED AND RE-ENACTING SECTIONS 39.02.006, 39.02.011, AND 39.02.019 RELATING TO THE DEFINITIONS OF PERSONAL, HEAVY AND COMMERCIAL VEHICLES AND SECTION 39.09.008, OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO PARKING FOR PERSONAL AND RECREATIONAL VEHICLES DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Reports 1. Code Compliance Update Code Enforcement Officer Tiffany Johnson updates the commission on the weed control along with noxious weeds in the city. Ms. Johnson states 343 letters were sent to property owners for weed control. There were 156 letters sent for noxious weeds to the residents. There was only one resident that the city had to spray. She states the public is doing very well with the tall grass this year. Ms. Johnson states this year the large areas have quite a bit of weeds but overall the city has had good compliance from residents and have been giving them extra time to come into compliance. 9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA – 5:00 P.M. A. Judge Robert Keogh Presentation Clerk of Court Amy Spangler and President Scott Decker presented a plaque to Judge Robert Keogh for his past 40 years serving the community as the municipal judge. He has held the Municipal Judge seat for the city for 10 terms. President Decker presented Judge Keogh with a plaque for his dedication of service. President Scott Decker thanks Commissioner Nikki Wolla for the past four years. Commissioner Nikki Wolla appreciates the past four years and has learned quite a lot but it is quite a time commitment. She will continue to be on certain boards. B. Public Comments not on Agenda No Comments. 10. COMMISSION ADJOURNMENT MOTION BY: Suzi Sobolik SECONDED BY: Jason Fridrich Adjournment of the meeting 7:20 P.M. DISPOSITION: Roll call vote… Aye 5, Nay 0, Absent 0 Motion declared duly passed. OFFICIAL MINUTES PREPARED BY: _______________________ Rita Binstock Assistant to City Administrator APPROVED BY: _______________________ Dustin Dassinger, Interim City Administrator _______________________ Scott Decker, President Board of City Commissioners Date: June 21, 2022 ADVANTAGE CREDIT BUREAU $914.00 AED EVERYWHERE $483.10 ALL FLAGS, LLC $463.90 ANDYS REPAIR LLC $3,741.23 APCO INSTITUTE $109.00 APEX $33,782.60 ARAMARK UNIFORM & CAREER APPAREL GROUP, INC $533.49 B & K ELECTRIC $340.00 BADLANDS MINISTRIES $2,046.00 BAKER & TAYLOR CO (GA) $1,197.21 BARROS, DEBORA $444.02 BECKER, DANA $159.85 BERGER ELECTRIC INC $9,187.63 BLACKSTONE AUDIO, INC. $266.72 BOSS OFFICE PRODUCTS $239.94 BRAUN DISTRIBUTING $99.50 BRAVERA INSURANCE $23.00 BROWN, DAN $134.31 BURESH, KAREN $374.18 BUTLER MACHINERY CO $107.23 CARQUEST AUTO PARTS STORES $797.09 CENGAGE LEARNING $460.32 CENTRAL MECHANICAL INC $219.92 CONSOLIDATED COMM CORP $5,141.70 CORE & MAIN LP $2,583.93 COVENANT LEGAL GROUP $1,260.00 DECKER, SCOTT J $58.00 DIAMOND H RENTALS $400.00 DICKINSON TIRE INC $898.40 EAST END AUTO (POLICE) $150.00 EBELHAR ROBERT $22.82 ELDER CARE $17,083.34 ENVIRONMENTAL TOXICITY CONTROL INC $450.00 FEDERAL EXPRESS $143.30 FISHER SCIENTIFIC COMPANY, LLC $146.94 FLEETMIND SOLUTIONS INC. $1,015.00 FORUM COMMUNICATIONS CO. $867.57 GALLO MICHAEL PAUL $500.00 GENERAL STEEL & SUPPLY $3,035.00 GEORGES TIRE SHOP INC $1,616.00 GOOSENECK IMPLEMENT $708.14 GRAND FORKS FIRE EQUIPMENT $7,790.00 GRAPHIC SCIENCES, INC $28,702.80 GREAT NORTHERN ENVIRONMENTAL $12,165.80 HACH COMPANY $649.23 HAMMON CONTRACTING $169.99 HAYNES, MELBYE LAW OFFICE PLLC $400.00 HC3 $976.26 HEART RIVER VOICE $140.00 HELLINGER JESSE $175.00 HETTINGER PARK DISTRICT $2,800.00 HUTZ’S WELDING SERVICE & REPAIR LLC $218.28 INFORMATION TECHNOLOGY DEPT $594.10 INNOVATIVE OFFICE SOLUTIONS LLC $19.11 J J KELLER & ASSOCIATES INC $1,325.67 JAY R’S AUTO BODY SAND BLASTING & COATING $5,135.00 JEROMES DISTRIBUTING INC $129.75 JOHNSON CONTROLS FIRE PROTECTION LP $439.57 JUST-IN GLASS $50.00 JUSTABOUT’S SERVICES LLC $24,400.00 KLJ ENGINEERING LLC $8,196.28 KREBS KREATIONS $17,500.00 LENZ, LUKE & AUDREY $2.69 LINDE GAS & EQUIPMENT INC $92.04 LITSTER, GUY & VICKIE $31.99 LOGO MAGIC INC $2,378.00 MARSHIK, LORETTA $630.99 MENARDS $1,325.62 MIDCONTINENT COMMUNICATIONS $59.56 MIDWEST DOORS INC $156.00 MIDWEST HOSE & SPECIALTIES $17.33 MIDWEST TAPE $554.25 MINNESOTA VALLEY TESTING LAB INC $669.20 MONTANA-DAKOTA UTILITY $3,368.28 MOTION INDUSTRIES INC $407.63 ND DEPT OF ENVIROMENTAL QUALITY $1,500.00 ND ONE CALL INC $815.10 ND STATE AUDITOR $1,115.00 NEW HRADEC CATHOLIC WORKMAN $2,500.00 NEWBY’S ACE HARDWARE $368.71 NEWMAN SIGNS INC $949.24 NJOS, MICHAEL & TERI $314.77 NORTHERN IMPROVEMENT CO(DIX) $580.00 NORTHWEST TIRE INC $1,652.20 OCLC INC $353.63 POWERPLAN OIB $772.48 PRECISE FLEET MANAGEMENT $621.00 PREMIER FENCE LLC $550.00 PUMP SYSTEMS LLC $4,184.04 QUADIENT - POSTAGE FUNDING $508.53 QUALITY QUICK PRINT INC $195.00 RED ROCK FORD OF DICKINSON $768.04 ROUGH RIDER INDUSTRIES $388.60 ROUGHRIDER ELECTRIC COOPERATIVE $25,899.96 RUCKUS SERVICES LLC $5,061.50 RUDY’S LOCK & KEY LLC $90.00 RUMMEL HELEN $171.74 RUNNINGS SUPPLY INC $150.92 SANITATION PRODUCTS $58.54 SCHLABSZ DOROTHY $256.45 SCHROEDER ALEX $175.00 SECOND NATURE GREENHOUSE $700.30 SMOKEY HILL LLC $299.97 SOUTHWEST GRAIN(BULK) $2,629.61 SOUTHWEST WATER AUTHORITY $1,373.98 SPEE DEE DELIVERY SERVICE, INC $105.65 SRF CONSULTING GROUP INC $19,250.30 STARK DEVELOPMENT CORP $62,500.00 STEFFAN’S SAW & BIKE $39.98 SURE SIGN, ROBINSON, KURT $415.00 SW VICTIM WITNESS PROGRAM $1,100.00 SWANSTON EQUIPMENT $23,682.75 SWMCC-PRISONER HOUSING $9,384.34 TITAN MACHINERY $2,010.00 TLC VENTURES LLC $29.15 TOTAL SAFETY US INC $1,534.40 TRACKER MANAGEMENT $5,669.31 TRANSUNION RISK AND ALTERNATIVE $177.00 TRITECH FORENSICS $219.04 VANGUARD APPRAISALS INC $2,240.00 VERIZON WIRELESS $5,064.77 WALLACE, DAVID $762.30 WEHNER, DARRYL $734.72 WEX HEALTH INC $881.20 WINN CONSTRUCTION INC $8,091.00 WORKFORCE SAFETY & INSURANCE $250.00 XTREME INSTALLATIONS $2,379.95 ZENT, JAN $381.06 COMMERCE BANK $30,373.39 (July 6, 2022) 79658