REGULAR MEETING DICKINSON CITY COMMISSION March 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 Jason Fridrich, Commissioners Suzi Sobolik, John Odermann and Nikki Wolla Absent:None 1.ORDER OF BUSINESS MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve the March 1, 2022 Order of Business as presented with the addition of Mr. Winningham will be speaking for Assessor Joe Hirschfeld for 3B and also to remove 6A from the agenda of Town Square JLG. 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 Approval of meeting minutes dated February 15, 2022. A.Approval of Accounts Payable and Checkbook. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 3.ADMINISTRATION/FINANCE A. Year-End Financial Report Accountant Robbie Morey states the purpose of the report is to show a snap shot of the year end budget. Accountant Morey gives a brief summary of where the funds ended. This report shows the budget to come in under the original budget due to open positions. He discusses the special revenue funds and this is currently from the buy back of cemetery plats. All funds were under the budget for special revenue in 2021. Mr. Morey discusses the oil impact along with other funds. He states the amendments and encumbrances will be provided to the Commissioners next meeting. MOTION BY: Suzi Sobolik SECONDED BY: Nikki Wolla Approve the Year End Financial Report. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed B. Reports: 1. Board of Equalization Update City Assessor Joe Hirschfeld states there are 7 abatements. There is a small increase to residential and a little bit of an increase for apartments. He is hoping to take care of these discussions prior to the Board of Equalization Meeting. He states there is about a handful of people that normally come in at the meeting 2.Board of Equalization Set a Date for Hearing (Enc.) City Administrator Brian Winningham discusses the date for the Board of Equalization Meeting. The date is set at April 14, 2022 at 1:00 p.m. 3.2022 Spring Workshop - NDLC - March 29 and 30, 2022 - Mandan, ND City Administrator Brian Winningham states the NDLC Conference will be held March 29 and 30, 2022. If anyone is interested they should contact Rita Binstock for registration. 4. PUBLIC SAFETY A. Fire Department 1. Reports: None B. Police Department 1. Reports: None 5.ENGINEERING A. Report: 1.Highlands Engineering – North Annexation/Fire Suppression Project Report Interim City Engineering Loretta Marshik gives an update of the north annexation fire suppression project. Andrew Shrank from Highlands Engineering updates the Commission in with regards to the project. The design for the water included sanitary sewer in order to be sure adequate room and elevation change was accounted for. Mr. Shrank states Highlands staff have also talked to property owners about their interest in sanitary sewer if it was available, and many of those property owners were more interested in the sewer than the water. He states this project would be for 75 acres north of Dickinson. He states in November, 2011 this area was annexed into the City. Highlands and city staff also met with two property owners representing the group. They feel that they have been in the city for about 10 years, and have been paying city tax rates, without receiving much benefit. They feel that the taxes the city has received from the area over the past ten years should more than cover the expense of the additional sewer. They would like to see the city cover the sewer expense. Mr. Shrank discusses the tax statements for two comparable properties in the area as an example of taxes in the county versus city. Mr. Shrank presents three options for the city to consider. 1. Exclusions 2. Water 3. Water and sanitary sewer and 4 water, sanitary sewer and streets. Mr. Shrank states option #3 could be a savings of $300,000. He states there is a lot of opposition for this area to get sewer and water. This would be a 4-year time frame. Mr. Shrank states there is no protesting water and sewer. Commissioner Jason Fridrich states if the city is going to keep this area annexed then the City should go forward with option #3, water and sanitary serve to get the savings of $300,000. Interim City Engineer Loretta Marshik states this is a good direction for staff and Highlands. She states the project needs to start next year. President Scott Decker agrees to stick to water and sewer in this area in case there is further development. He states go with option #3 and see the options for special assessments, city funded or combination. He states Highlands should see if the landowners will pursue exclusions. 2. Queen City Dam – Poor Condition Interim City Engineer Loretta Marshik states the City was notified earlier this year that the condition of the Queen City Dam, which is described as a High Hazard Dam, was inspected and found to be in poor condition. The dam is located near Turtle park, outside of city limits, but the city is the owner. Ms. Marshik states the City may need to put an RFP to have a consultant look at options in addressing these issues. This is similar to the East Broadway project. The city is required to have an emergency action plan. This item will be coming forward. 3. 2022 Mill and Overlay Report – Special Assessment Update Interim City Engineer Loretta Marshik provides information on the 2022 Mill and Overlay Project. She states that the final determination is that the project did not get protested out. There were 77 parcels that had sent out protest letters of the 248 parcels which is a 29.76% protest area. This percentage does not meet the required 50% protest. Ms. Marshik states staff will be working with KLJ to review some of the areas case by case. They will be following ADA requirements and review each case. This will include linear feet of the curb and square footage of the sidewalk. The City along with KLJ will be reviewing the cracks that include the curb and gutter and go all the way across the road. Commissioner John Odermann discusses the 3.75% finance charge on these large project and questions why the City would do that. Deputy City Administrator Linda Carlson states in the ND Century Code that special assessments can be charged up to 1.5% over the minimum of the interest rate. The city looks at the T Bill each year to determine the interest rate. Commissioner John Odermann understands charging interest if the City was going to bond the project but he does struggle with this idea but the City will not be bonding this project. He does not feel it is justifiable if the city was going to borrow the money but not if they are not borrowing the money. Commissioner Jason Fridrich states at some point the city will need to borrow the money and feels all the specials assessment should all be treated fairly. He states at this time this area needs to have their sidewalks improved as some areas in this neighborhood are 50 years old. Commissioner Nikki Wolla would like to see an extension of the terms with a longer term. Commissioner Suzi Sobolik feels the City should keep it at a standard interest rate especially when there is no bounding to keep it as uniform as possible to include all projects. City Attorney Christina Wenko states the Century Code reads that the project must bear interest and the city code allows a little more flexible approach. City Administrator Brian Winningham states if the City takes money from the public then it must bear interest at no less than 2% point above. Administrator Winningham states this explanation is in the budget book. Deputy City Administrator Linda Carlson states the 2% would include the administrative fee of .5%. Public Works Director Gary Zuroff informs the Commission that the ADA compliance the city already pays for it. He states the mill and overlay is going to get new water mains along with service lines. The city will pay for water lines and service lines. He states SRF will pay for 90% of the cost and this would be a good program for citizens to get in once the project moves forward. 6. PUBLIC WORKS A. JLG Town Square Amendment #4 Removed from agenda. B. Mausoleum Bid Opening Public Works Director Gary Zuroff states there were four single prime bids for the mausoleum which the lowest bid was from Kolling and Kolling in the amount of $1,426,800.00. Public Works Director Zuroff discusses the alternatives and he would like to include Alternate 1, 2, 3 and 5 into the bid for a total of $1,426,800.00. The city budgeted $1.5 million for the project. He is asking the Commission to award the bid to Kolling and Kolling. MOTION BY: John Odermann SECONDED BY: Nikki Wolla To award the Mausoleum bid to Kolling and Kolling. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 7. PLANNING A. Final Plat - Broken X Estates Planning Director Walter Hadley presents a proposed final plat which consists of 48 single family lots on approximately 160 acres and is located along 109th Avenue SW, and 40th Street East. This item was heard at the February 16th Planning Commission meeting with no opposition. The Planning Commission and City Staff recommend approval. MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik Adopt Resolution 05-2022 RESOLUTION NO. __05-2022 A RESOLUTION APPROVING FINAL PLAT ENTITLED BROKEN X ESTATES SUBDIVISION, STARK COUNTY, NORTH DAKOTA. DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed 8.BUILDING/CODE ENFORCEMENT 1. Reports: None 9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA – 5:00 P.M. A. Training Center Presentation Police Chief Dustin Dassinger states there has been a strong community engagement component to have a public shooting range along with a training center. Mr. Todd LaVold whom is the Associate Senior Project Manager for Leo A Daly states that having a community engagement has risen to the top of a public safety facility is a little unique. He states this building will be designed to have the facility open to the public and public safety driven. He had visited with the Fire Department and Police Department in regards to the facility. He states it is becoming harder and harder to recruit. He states the Fire Department has 35 total personnel. He states for some of their training they need to leave the city. He states there is some limitations for live fire training and search and rescue. There is also an opportunity for a new training tower and dirty classroom. This would be a home base to do some indoor training in the winter to also practice with hoses and down stairs. There is a need for bathrooms and learning facility’s along with classrooms for 50-100 people for regional training with more technical rescues. Mr. LaVold states the priority is for a firing range and dirty classroom along with burn town that rose to the top of the need. He explains the phase I would be building a 38,000 square foot building with 12 lanes by 50-yard firing range and a smaller 6 lane range. Along with a burn tower and rive training pad. This would be about 13 acres. Phase II would be 80-100 seat classroom and about 8,000 square feet. Phase III would be additional parking, and this would be about 50 total acres for the project. The total cost of Phase I would be $15-$20 million with a 38,000 square foot building; phase II would be $3-4 million and Phase III would be $6-8 million. He discusses funding mechanism options would be sales tax to get this bill onto the November, 2022 ballot along with bonds, cash and other contributors. This would have a 12-14-month implementation date of construction. Commissioner John Odermann is not sure if a 6 lane or 50-yard range that would be open to the public would be big enough. Police Chief Dustin Dassinger states the Police Department is not going to occupy 12 lane area all the time. There would be supervision in this area and the city could conduct law enforcement training in the six lanes also. Commissioner John Odermann feels there will be significant interest from the public. He questions whether there would be an interest for rentals or ammo sales or retail sales. President Scott Decker states there will be easily 2,000 members. There will be a process to use the range. He states why not build Phase I and II at the same time instead of adding on. He feels this facility will be good for the Fire Department also. Police Chief Dustin Dassinger states he is not sure if the city is interested in selling ammo. There will be a number of classes in this entry space. There is a need for a regional training center. He states there is a lot of training center in the eastern part of the state and it costs a lot to travel over there. Stark County Commissioner Bernie Marsh states the city has met with the county. He is hoping for public accessibility of this facility and the need for using it at all times and not just on weekend. He is hoping the city will hold public meetings. President Scott Decker states there will be a public forum once the general concept is complete. Mr. LaVold states that typically the range is for law enforcement and can handle a descent size gun and different variations that we would explore. Mr. Andrew Kordonowy would like to see a retail spot where people could try different spots as not everyone owns their own equipment. Also, a classroom opportunity for concealed weapons. He would like to emphasize the public use. Dr. Robert Baer thinks this is an awesome concept and feels that 6 lanes are enough for the public, possibly an expansion in the future. Mr. Baer would like to make sure this facility is wheelchair accessible. Ms. Karla Arthaud wonders if the Rural Fire Department was asked to participate yet. Also states if sales tax measure is on the ballot this should mean everyone would be involved. She is questioning whether EMTS in the small communities will be involved. Ms. Arthaud would like to emphasize the public use. Fire Chief Jeremy Presnell state the Fire Department is also an EMT Department so the plan was to invite the surrounding EMT’s for training. Police Chief Dustin Dassinger states there may be a need for a Range Master on site. President Scott Decker states this discussion will continue at the retreat. B. Public Hearing - Rezoning Request - Kinzel Subdivision Planning Director Walter Hadley presents a rezoning request for a zone change from Agricultural to Rural Residential for the 1.54 acres home site on the Fluffy Fields Vineyard (an Irregular Plat shall be required once the zone change is approved). Mr. Hadley states this item was heard at the February 16th Planning Commission meeting with no zone change opposition. The Planning Commission and City Staff recommend approval of the first reading of Ordinance #1745 as presented. President Scott Decker opens the public hearing at 5:46 p.m. Hearing no public comments, the public hearing is closed at 5:47 p.m. and the following motion is made. MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve the first reading of Ordinance #1745. ORDINANCE NO. 1745 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.Public Hearing - Franchise Agreement - Qwest Corporation DBA Century Link City Attorney Christina Wenko presents the Qwest Corporation DBA Century Link Franchise Agreement for a second reading. Ms. Wenko states there have been no changes from the first reading. President Scott Decker opens the public hearing at 5:50 p.m. Hearing no public comments, the public hearing is closed at 5:51 p.m. and the following motion is made. MOTION BY: Nikki Wolla SECONDED BY: John Odermann To approve the first reading of Ordinance #1744. ORDINANCE NO. _____1744____ AN ORDINANCE GRANTING TO QWEST CORPORATION D/B/A CENTURYLINK QC “CENTURYLINK”, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE AND OCCUPY THE STREETS, ALLEYS, AND OTHER PUBLIC PLACES OF DICKINSON, NORTH DAKOTA, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A GENERAL TELEPHONE SYSTEM WITHIN SAID CITY DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed D. Public Comments not on Agenda Manager Doug Pasiczynk from the Eagles Club was made aware this morning that Chapter 4 for the city code states that club/lodges do not qualify for special events. He states this is going to affect his club. He has two events coming up, Make a Wish and DSU Rendezvous. He states the Eagles Club gives back over ½ million dollars to local organizations. He had just donated $5,000 dollars to the DDA. He is asking for reconsideration of the lodge/club to do special events. Ms. Christina Wenko states this topic was heavily discussed when the city went through the revision of chapter 4. The change was to allow only on/off sale licenses to have special events, a Class A. The reason for this change was to have certain entities to have special events. Others were having special events such as restaurants which their licenses states this is on-sale only. Mr. Doug Pasiczynk states he did attend the first reading of this ordinance and he was under the assumption they were on/off sale license. He did not look it over and did not look that his license was an on/off sale license. The club itself makes money to pay the bills otherwise they do contribute back to local organizations. Commissioner John Odermann states this change does put the Eagles Club in a predicament. He states the Eagles does provide cash bars that do not make a lot of money and they normally say it is not worth their time to have these events. The eagles have their mission and their organized principals. He states the city should not have removed the lodges and clubs as they give back to the community. City Attorney Christina Wenko questions whether or not now will restaurants want to hold off site special events. She states once a liquor license is taken off site then there is a loss of oversight. She states there will need to be two readings for this ordinance and there is a concern about no distinction whether lodges are included or excluded. Class A has an off-sale component. Lodges and Clubs do not have an off-sale component. Commissioner Jason Fridrich states this was not the intention of this change or the ordinance. City Attorney Christina Wenko states these event holders could partner with a Class A license holder until the ordinance is changed. Mr. Doug Pasiczynk states Make a Wish and the DSU are very concerned. President Scott Decker states city staff to amend the ordinance to allow lodges and club. He would encourage Eagles to partner with someone. Mr. Doug Pasiczynk is concerned if their charter would allow for this partnering. City Attorney Christina Wenko states approving this change would be in opposition of the current city code. This would be very unusual to change the code and allow it. It can be done but it would be an extremely unique precedence set. She states she doesn’t know if allowing this event and then only having the ordinance come onto the agenda would it pass or not. Commissioner Suzie Sobolik states this decision is really hard for her. She states she did not see this part of this discussion last fall. She states setting a precedent is really hard for her. MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla To grant a special use permit to the Eagles club for the Make a Wish Event and the DSU Rendezvous. DISPOSITION: Roll call vote, Aye 4, Nay 1(Sobolik), Absent 0 Motion declared duly passed 10. COMMISSION President Scott Decker would like to have a special meeting to discuss City Administrator Brian Winningham’s resignation affective April 8, 2022. They would like to have an Executive session to discuss parameters of his contract and separation. A Special Commission Meeting will be set for Wednesday, March 2, 2022 at 11:00 a.m. ADJOURNMENT MOTION BY: Jason Fridrich SECONDED BY: John Odermann Adjournment of the meeting 7:30 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: Brian Winningham, City Administrator Scott Decker, President Board of City Commissioners Date: March 15, 2022 (March 16, 2022) 41939