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REGULAR MEETING DICKINSON CITY COMMISSIO

REGULAR MEETING DICKINSON CITY COMMISSION November 1, 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 John Odermann and Commissioners Jason Fridrich, Suzi Sobolik and Robert Baer Absent: None 1. PLEDGE OF ALLEGIANCE 2. ORDER OF BUSINESS MOTION BY: Robert Baer SECONDED BY: Suzi Sobolik To approve the November 1, 2022 Order of Business as presented in addition to a 5:15 p.m. presentation by Dickinson State University. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 2. CONSENT AGENDA MOTION BY: John Odermann SECONDED BY: Jason Fridrich A. Approval of meeting minutes dated October 18, 2022 Commission 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. HR Job Description 1. Human Resources Generalist HR Coordinator Shelly Nameniuk presents a Human Resource Generalist job description. This position was approved in the 2023 budget and is a promotional opportunity. She states at this time she has two assistants and will be moving one to the HR Generalist. This position would include daily functions, hiring benefits, main emphasis on benefit administration and someone to be second in charge when Ms. Nameniuk is away. This position scored at a Grade 15. MOTION BY: Robert Baer SECONDED BY: Suzi Sobolik To approve the Human Resources Generalist. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Reports: 1. City Prosecution Annual Review Presentation City Attorney Christina Wenko presents an annual review of the City Prosecution contract. She states there are 638 cases with 85 active cases at the end of the third quarter. She states these numbers are accelerating in 2022. Especially in the month of June, 2022 which is much higher than previous years. She states fines and fees are pretty steady and an average income over the last three years. Attorney Wenko states criminal cases shows the largest amount to be driving under suspension, driving under revocation/DUI and there is a very high level of disorderly conduct. Attorney Wenko states animal control cases are up and animal control is doing a good job at the shelter. Attorney Wenko states code violations have shown to be down slightly but she feels overall this is a good thing as it shows that residents are complying with city codes. Ms. Wenko highlights a few happenings from 2022 such as Judge Robert Keogh serving 40 years of Dickinson Municipal Judge. Also, there is an alarming statistic in 2022 of discharging firearms in the city limits. Also, city hall was evacuated in September due to a threat of violence directed at municipal court. She states some changes for municipal court will be online payments. Attorney Wenko would like to give a big shout out to Amy in Municipal Court for getting municipal court up to speed with technology. The city will be examining what recreational marijuana and to see how this will affect the city. Attorney Wenko would like to thank Interim Police Chief Joe Cianni and his staff for having the same goal and to have open communication. This shows the dedication of the staff. She states as the City Prosecutor she could not be prouder of the Police Departments efforts. Attorney Wenko enjoys working along side them and the Clerk of Courts Office. Ms. Wenko states if marijuana goes into effect the city will need to take immediate steps to update the code. President Scott Decker along with the Commissioners thanks Ms. Wenko for all she does. 4. PUBLIC SAFETY A. Fire Department Reports: 1. Monthly Report Fire Chief Jeremy Presnell presents the Fire Departments monthly report to include 185 calls for the month of October which is pretty significant. This shows a 65% increase from 2021. The #1 call for service is EMS calls, second is false alarms, false calls and hazardous conditions. Fire Chief Presnell states the south fire station does get most calls. The response times this month were up a little bit due to the fact emergencies were not ones that needed lights and sirens therefore response times were up. There were 459 hours of training in October with 44 routine fire inspections and many other activities. Many activities were held during Fire Prevention Week. The department also took part in Trick or Trunk and seen over 3,000 kids. Commissioner John Odermann states he liked the front of the PowerPoint with surrounding staff from the area and he likes the great work they do working with the other area departments. B. Police Department Reports: 1. None 5. ENGINEERING A. Reports: Reports: 1. Slope Stability Anchor Easement Engineering and Community Development Director Skluzacek states staff have been working on the Slope Stability Anchor Easement. This area is directly below the Holiday Gas Station. 2. Monthly Report Engineering and Community Development Director Skluzacek updates the commission on the engineering monthly report. Director Skluzacek states the department is working capital improvement projects. He states a job description for the promotion for 2023 will be brought to the commission soon. He states building and code fees are substantially up but permits are down slightly. The Building Inspector II interviews have been completed and offer been made and was declined. The city is going to take another look at the job description and to use this opportunity to improve this job description. Director Skluzacek states the Planner position is opened at this time and have received two applicants. Director Skluzacek discusses the 2022 mill and overlay project and the 2023 project. B. Planning 1. Special Use Permits a. Jacam Catalyst LLC – Storage of Hazardous Materials Engineering and Community Development Director Skluzacek presents a special use permit for Jacam Catalyst LLC. This special use permit is to store chemicals for oil and gas operations at 11108 32nd Street SW in the ETZ. This is currently zoned general industrial. They will be storing chemicals inside of the building. Director Skluzacek does review the conditions to the special use permit. MOTION BY: Suzi Sobolik SECONDED BY: Robert Baer Adopt Resolution No. 35-2022. RESOLUTION NO. __35-2022 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO JACAM CATALYST, LLC FOR THE STORAGE OF HAZARDOUS MATERIALS DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed b. Geo Chemicals LLC – Storage of Hazardous Materials Engineering and Community Development Director Skluzacek presents a special use permit for Geo Chemicals, LLC. This SUP will be to store 65,000 gallons of hazardous materials at 2367 West Villard Street. They plan on storing all chemicals outside of the building. Director Skluzacek does review the conditions. MOTION BY: Jason Fridrich SECONDED BY: John Odermann Adopt Resolution No. 36-2022. RESOLUTION NO. __36-2022 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO GEO CHEMICALS, LLC FOR THE STORAGE OF HAZARDOUS MATERIALS DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 2. State Avenue Urban Roads Project – Acceptance of Bid Engineering and Community Development Director Skluzacek presents the State Avenue Urban Roads project bid. There was only one bidder and that was Northern Improvement. Northern Improvements bid was slightly over the engineers estimate. The city’s share of the project would be $474,375.24. City staff recommend approval. MOTION BY: John Odermann SECONDED BY: Suzi Sobolik To approve the Northern Improvements bid for State Avenue Urban Roads Project. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed C. Building/Code Enforcement Reports: 1. None 6. PUBLIC WORKS A. South Heart Golf Course Reuse Water Agreement Public Works Director Gary Zuroff presents a reuse water agreement with South Heart golf course. Director Zuroff states this is an exciting project to be working on with South Heart. He states they will use the connection for water and put water into a pond and use the water that way for the golf course. The city of Dickinson will oversee the construction and South Heart will pay for the project. The city’s current charge is $1.25 per 1,000 gallons. There is a .25 cent conveyance fee with Marathon and South Heart will have to work with Marathon on this. Dickinson can fill the pond as needed and they will have quite a few days to pull water from the pond. This is a good project. Mr. Zuroff states South Heart did check the water quality. Commissioner John Odermann thanks Mr. Zuroff for coming up with a creative solution for the City of Dickinson. MOTION BY: John Odermann SECONDED BY: Robert Baer To approve the South Heart Golf Course Reuse Water Agreement. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Solid Waste Promotional Position Request Public Works Director Gary Zuroff thanks the Commissioners for approving his reorganization for 2023 and hopes this will help retain and recruit new employees. He states public works at this time has 15-20% vacancy. He is hoping to bring new people in at higher step than 1. Director Zuroff stats the city is learning how to be more flexible and the value of a CDL has changed and has increased in value tremendously. Director Zuroff is requesting a promotional position in the solid waste department by adding a foreman. He states the last two months this person has been baling and overseeing 5 to 6 staff members. He states once they look at the appropriate place for that foreman then the city will revert back to 2 foremen. This would have no budget amendment. MOTION BY: Suzi Sobolik SECONDED BY: Robert Baer To approve the Solid Waste Promotional Position request. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA – 5:00 P.M. A. Public Hearing – Rezone Request - Little One Minor Subdivision Engineering and Community Development Director Skluzacek presents a rezoning request for Little One Minor Subdivision. He states this rezone would be from AG to RR in the ETZ. He states this is 20.5 acres. Director Skluzacek states this is currently developed into single family residence and the owner wants to divide it into three sperate lots. President Scott Decker opens the public hearing at 5:10 p.m. Hearing no comments, the public hearing is closed at 5:11 p.m. and the following motion is made. MOTION BY: Robert Baer SECONDED BY: John Odermann To approve first reading of Ordinance No. 1763 ORDINANCE NO. __1763 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 B. Public Hearing – Chapter 5 Code Updates Interim Police Chief Joe Cianni updates the commission on the chapter 5 code updates to include animals which would bring the city’s code up to date with the current practices and mirror ND Century Code. Chief Cianni states the code added definitions and discusses infectious diseases and stray animal updates. The amendment would allow a total number of cats and dogs to 4. Also, the minimal hold time for 10days in the shelter has now changed to 5 days, amendment to mirror the ND Century Code. He discusses the added registration of microchips and failure to register animals will no longer be a court appearance as it will be a fee of $50. President Scott Decker opens the public hearing at 5:15 p.m. Hearing no comments, the public hearing is closed at 5:16 p.m. and the following motion is made. MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik To approve first reading of Ordinance No. 1764. ORDINANCE NO. __1764 AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 5.02.010, 5.04.055, 5.04.058, 5.08, 5.08.002, 5.08.004, 5.08.014, 5.08.018, 5.08.022, 5.08.030, 5.08.040, 5.12.010, 5.12.040, 5.12.080, 5.12.090, 5.12.100 AND ENACTING SECTIONS 5.04.056 AND 5.08.011 AND REPEALING SECTION 5.08.045 OF THE MUNICIPAL CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO CHAPTER 5 - ANIMALS AND FOWL DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed C. Dickinson State University Update Dr. Steve Easton updates the Commissioners on several community projects for DSU. He discusses the CTE as it is functioning as an educational building. He states tech programs are very popular. There has been update to Lowman Hall and Pulver Hall on campus. Dr. Easton states the Sanford Sports Complex has the turf down now on the championship softball field. There are four fields on this complex. Dr. Easton visits about the pandemic and enrollment at the college but he states DSU is please to say the head count enrollment is up 9% at DSU. He feels the credit production for this up is that the tuition has been frozen. DSU feels this is a solid momentum and things are going very well. He feels this is a very competitive environment. DSU does have one capital project that they are going to be asking the State for funds and that is the ag building to include the indoor arena for classes and community events and the rodeo team. The state has ranked this project #5. Dr. Easton states there are several programs at the CTE such as welding, meat processing, diesel mechanics and others. Dr. Easton does thank the Fire Department and the Police Department for being great partners in setting up those programs. Dr. Easton along with DSU do appreciate all the support from the citizens and the Commission. D. Public Comments not on Agenda None 10. COMMISSION Commissioner Suzi Sobolik invites all the City Commissioners to meet with Leadership Dickinson on December 7, 2022 for lunch. Commissioner Sobolik states there are 12 students this year. Ms. Sobolik will send out a formal invite closer to the event. ADJOURNMENT MOTION BY: Suzi Sobolik SECONDED BY:Jason Fridrich Adjournment of the meeting 6:00 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: November 15, 2022 ND DEPT OF ENVIROMENTAL QUALITY $5,000.00 PROLIGHT $5,000.00 ND OFFICE OF STATE TAX COMM $2,534.22 ADVANCED BUSINESS METHODS $3,369.30 ADVANCED COLLISION CENTER $2,745.43 AED EVERYWHERE $223.90 AMBERG PAUL $376.75 APEX $50,542.38 ARAMARK UNIFORM & CAREER APPAREL GROUP, INC $683.64 AT&T $25.79 AUTO VALUE, APH STORE $176.12 B & K ELECTRIC $2,560.00 BAKER & TAYLOR CO (GA) $4,064.02 BALCO UNIFORM - POLICE ACCOUNT $870.25 BELFIELD LUTHERAN CHURCH $2,800.00 BERGER ELECTRIC INC $1,056.23 BIG HORN TIRE, INC $8,845.12 BLACKSTONE AUDIO, INC. $1,614.34 BOSS OFFICE PRODUCTS $12,927.00 BRAUN DISTRIBUTING $149.13 BROCK WHITE COMPANY LLC $8,757.20 BUTLER MACHINERY CO $1,131.57 CARQUEST AUTO PARTS STORES $639.38 CENGAGE LEARNING $289.39 CERBERUS SECURITY, LLC $1,500.00 CHI ST ALEXIUS MEDICAL CENTER $978.87 CLEAN SWEEP VACUUM CENTER $76.46 CONSOLIDATED COMM CORP $45.99 DACOTAH PAPER CO $67.80 DAKOTA FILTER SUPPLY $216.06 DICKINSON COLLISION CENTER $5,660.21 DICKINSON CONVENTION BUREAU $60,880.32 DICKINSON FIRE FIGHTERS ASSOCIATION $390.00 DICKINSON PARKS & REC $30,659.01 DICKINSON PLACE $28.93 DICKINSON TR AIRPORT $2,649.69 ELDER CARE $1,078.98 ELECTRONIC COMMUNICATIONS INC $6,399.00 FASTENAL COMPANY $15.54 FEDERAL EXPRESS $40.61 FERGUSON WATERWORKS #2516 $2,699.57 FIRE & ICE REFRIGERATION, HEATING & AIR LLC $2,525.00 FISHER SAND & GRAVEL CO $1,215.45 FLECKS FURNITURE INC $263.69 FORUM COMMUNICATIONS CO. $1,275.67 FOWLER, DENVER $759.16 FREDERICK, MICHAEL $48.00 GENERAL STEEL & SUPPLY $97.61 GOOSENECK IMPLEMENT $29,911.72 GRAND FORKS FIRE EQUIPMENT $1,702.16 HC3 $2,542.92 HEART RIVER LEGAL SERVICES, PLLC $2,510.00 HEIL ENVIRONMENTAL INDUSTRIES LTD $608.38 I-DEAL TRAILERS, LLC $23,250.00 IDEXX LABORATORIES $486.18 INNOVATIVE OFFICE SOLUTIONS LLC $399.78 JEROMES DISTRIBUTING INC $49.50 JOHNSON CONTROLS FIRE PROTECTION LP $771.19 JOHNSON TIFFANY $150.50 JUST-IN GLASS $261.34 KILLDEER SADDLE CLUB $2,800.00 KLAUZER, KYLAN $156.00 KLJ ENGINEERING LLC $125,030.29 KUBIK, BOGNER, RIDL, SELINGER $200.00 LEGEND AUTO BODY INC $1,014.83 LIGHT & SIREN $520.00 LOGO MAGIC INC $655.00 MAC’S HARDWARE $414.50 MACQUEEN EQUIPMENT, LLC $1,901.91 MARTENS, WAYLIN $661.51 MENARDS $1,060.85 MIDCONTINENT COMMUNICATIONS $186.78 MIDWEST DOORS INC $18.78 MIDWEST LABORATORIES, INC $888.91 MIDWEST TAPE $1,266.94 MINNESOTA VALLEY TESTING LAB INC $1,740.05 MONTANA-DAKOTA UTILITY $73,698.22 MOTION PICTURE LICENSING CORPORATION $295.79 ND FIREFIGHTERS ASSOCIATION $313.28 ND ONE CALL INC $724.70 ND STATE RADIO COMMUNICATIONS $3,600.00 NEWBY’S ACE HARDWARE $282.80 NEWMAN SIGNS INC $629.44 NORTHERN IMPROVEMENT CO(DIX) $183.00 NORTHWEST TIRE INC $942.32 O’REILLY AUTO PARTS $4.99 OLYMPIC SALES INC $1,180.13 OVERDRIVE INC $4,000.00 PRAIRIE AUTO PARTS INC $473.15 PRO-TECH SPECIALTY’S LLC $1,518.00 QUADIENT - POSTAGE FUNDING $1,000.00 QUALITY QUICK PRINT INC $45.00 RED ROCK FORD OF DICKINSON $38.34 REITER WELDING INC $8,872.50 ROBOTRONICS INC $638.00 RON’S RURAL BACKHOE SERVICES $34,750.00 RUDY’S LOCK & KEY LLC $3.00 RUNNINGS SUPPLY INC $668.38 SAFETY-KLEEN $290.58 SANFORD HEALTH OCCUPATIONAL MEDICINE DIVISION $530.00 SHRED ND LLC $1,130.00 SOUTHWEST GRAIN(BULK) $4,315.91 SOUTHWEST WATER AUTHORITY $355,949.55 SPEE DEE DELIVERY SERVICE, INC $177.54 STARK COUNTY AUDITOR $15,095.28 SUPERIOR JETTING $3,082.50 SW DISTRICT HEALTH UNIT/ WATER SAMPLES $300.00 TERRY’S WATERWORKS LLC $150.00 TITAN MACHINERY $867.92 TOTAL SAFETY US INC $67.00 TRACKER MANAGEMENT $2,763.16 TRI-ENERGY COOPERATIVE $12.11 TRITECH SOFTWARE SYSTEMS $1,573.27 VOGEL LAW FIRM, LTD $280.00 WALDO JACOB $224.89 WALTERS JOEL $21.26 WANNER, MARILYN $94.16 WEST RIVER LODGE #5 $1,110.00 WESTLIE TRUCK CENTER OF DICKINSON $2,223.36 WINN CONSTRUCTION INC $127,461.75 REVOLVING FUNDS-PETTY CASH $145.00 (Nov. 16, 2022) 102814