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REGULAR MEETING DICKINSON CITY COMMISSIO

REGULAR MEETING DICKINSON CITY COMMISSION April 5, 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, Commissioners Suzi Sobolik, John Odermann and Nikki Wolla Absent: Vice President Jason Fridrich 1. ORDER OF BUSINESS MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve the April 15, 2022 Order of Business as presented. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 2. CONSENT AGENDA MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik Approval of meeting minutes dated March 15, 2022. A. Approval of Accounts Payable and Checkbook. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 3. ADMINISTRATION/FINANCE A. Gaming Site Authorizations Interim City Administrator Dustin Dassinger presents two gaming site authorizations. He states the gaming sites run from 7/1/2022 until 6/30/2023. Interim City Administrator Dassinger along with city staff recommend approval. 1. Dunn County Fair Association MOTION BY: Suzi Sobolik SECONDED BY: Nikki Wolla To approve the Gaming Site for Dunn County Fair Association. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 2. American Foundation for Wildlife MOTION BY: Nikki Wolla SECONDED BY: John Odermann To approve the Gaming Site for American Foundation for Wildlife. DISPOSITION: roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed B. City Attorney Contract Renewal Interim City Administrator Dustin Dassinger presents the city attorney contract renewals. Administrator Dassinger states the current contract ends on May 1, 2022. He gives a brief overview of the proposed contracts for Municipal and City Attorney along with a history of the contracts. The proposed contracts would be until May 1, 2026. Interim City Administrator Dassinger states it is not uncommon to receive an email from Attorney Wenko on a Sunday evening. Administrator Dassinger has spoke to the Executive Team and the city is very happy with the work Ms. Wenko has done for them. He states it is like having an in-house attorney. Commissioner John Odermann does commend MKKG and Attorney Wenko for their ability as it is second to none. President Scott Decker would agree with the above statements. MOTION BY: John Odermann SECONDED BY: Nikki Wolla To approve the contract renewal for MKKG and Attorney Wenko until 5/1/2026 DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C. Reports: 1. City Administrator/Interim City Administrator Transition Update Interim City Administrator Dustin Dassinger states since 4/1/2022 Mr. Winningham had no longer been with the City of Dickinson. He states Mr. Winningham had briefed Administrator Dassinger on the city projects and other items. The transition period is complete. He did spend last week with the department heads getting through the transition. 2. Commissioner/Executive Team Retreat – May 12, 2022 Interim City Administrator Dustin Dassinger states he would like to have a Commissioner/Executive Team Retreat on May 12, 2022. 3. Chamber Annual Banquet – Tuesday, April 26, 2022 Interim City Administrator Dustin Dassinger invites the Commissioners to the Chamber Annual Banquet which is going to be held on Tuesday, April 26, 2022. If any Commissioner would like to attend please contact the City. 4. Condemnation Proceedings Interim City Administrator Dustin Dassinger states the city has three properties to be demolished. Currently the Building Official is soliciting quotes for demolition on those projects. City Attorney Christina Wenko states the 30-day appeal period has expired and there were no appeals. 4. PUBLIC SAFETY A. Fire Department 1. Reports: Monthly Report Fire Chief Jeremy Presnell reminds the Commission of the services the Dickinson Fire Department provides to the public. He states there were 59 calls for services in March. There were 205 calls for service to date which is a 4% increase from last year. He states the #1 call is for EMS along with false alarms and good intent calls. Chief Presnell states the Fire Department is licensed as basic level to provide basic life support. The Fire Department has seen a significant increase in cardiac arrests this year. Chief Presnell states the station south of the freeway does see more of a majority of calls. He states the response times have been brought down significantly and they have been working on this response time. Fire Chief Presnell does discuss the training in his department. B. Police Department 1. Reports: None 5. ENGINEERING A. 2022 Sidewalk Improvement District Resolution Interim City Engineer presents a Sidewalk Improvement District which is an annual endeavor that permits citizens to make improvements to sidewalks, curbs, gutters and driveways, which are within the right-of-way, through a voluntary special assessment process. This cost would be assessed against the improved parcel. The 2022 assessment would be for 5-years at 4.0% interest MOTION BY: John Odermann SECONDED BY: Suzi Sobolik RESOLUTION NO. ___07_– 2022 A RESOLUTION CREATING SIDEWALK IMPROVEMENT DISTRICT 202223-1 OF THE CITY OF DICKINSON AND AUTHORIZING THE IMPROVEMENTS AND ASSESSMENTS DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed B. KLJ Amendment 2 to Task Order No. 2104-071979-City Hall (Town Square) Parking Lot Interim City Engineer Loretta Marshik presents a task order amendment to complete design activities necessary to create the parking lot, finalize bid documents and assist the city with obtaining construction bids. This amendment is in the amount of $23,800 and is a Not to Exceed contract. The adjusted amount of the total task order is $28,800. The city engineering staff recommends approval of the task order amendment. President Scott Decker questions whether there was a previous drawing of the parking lot or is this something the city has decided not to use. Interim City Engineer Loretta Marshik states it was an aerial photo that was marked up and there were discussions of maintenance and shared ownership. This drawing gave us more information on how to move forward. This would also give the city something to share with the bank and other parcel owners of what the city’s plans will be and for maximizing spaces in the area. MOTION BY: Nikki Wolla SECONDED BY: John Odermann To approve Amendment 1 to Task Order No. 2104-01979 with KLJ for the City Hall (Town Square) Parking Lot.” DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C. Replat of West Ridge 1st Street Improvements – Bid Acceptance Interim City Engineer Loretta Marshik states bids for the street improvement project for the Replat of West Ridge 1st Addition were received and opened on March 17, 2022. She states one bid was received from Winn Construction, Inc. with a total bid price of $637,688.41. This bid is about 5.8% lower than the engineers estimate of $674,984. Winn has successfully completed similar work. Therefore, we would recommend awarding this contract to Winn Construction, Inc. MOTION BY: John Odermann SECONDED BY: Suzi Sobolik To approve the bid for City Project Number 202112 from Winn Construction.” DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed D. Exit 59 Pedestrian Bridge – Final Certification of Local Match Interim City Engineer Loretta Marshik presents a Final Certification of Local Match for the Exit 59 Pedestrian Bridge. The funding source was vetted with accounting. MOTION BY: John Odermann SECONDED BY: Nikki Wolla To approve the Final Certification of Local Match for the Exit 59 Pedestrian Bridge. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed E. 2022 Mill and Overlay Bid Award Interim City Engineer Loretta Marshik presents the 2022 Mill and Overlay Bid Award. She states the bids were open on 3/29/2022 and one bid was received for $4,016,417 which comes in under the engineers bid of $4,030,000. She states Northern Improvement has completed similar work in Dickinson therefore recommends awarding the project to Northern Improvement. She states there were three additional companies that pulled information on this project. This is the first time the city has had alternative companies pull information on this project. MOTION BY: Suzi Sobolik SECONDED BY: John Odermann To approve the bid from Northern Improvement for $4,016,417.00 for the 2022 mill and overlay. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 6. PUBLIC WORKS A. Fire Department Station I Structure Repair Solid Waste/Recycling Manager Aaron Praus states the floor, apron, and sidewalk by Bay #1 at Fire Station #1 needs to be replaced. The concrete floor is floating and when the fire engines exit the building. You visually can see the floor shift. CW Structural Engineers completed an analysis on the project and recommended the repairs. Mr. Praus states there are significant tripping hazards with the concrete and it would be replaced all the way to the curb and gutter. The City of Dickinson received 2 bids and staff is suggesting the low bid by Roers Construction for $75,850.00. Public Works Director Gary Zuroff states the city will definitely hold them to a timeline. He states this is not a budgeted item. Fire Chief Jeremy Presnell states they have an opening bay to move the trucks to during the construction. He is concerned of the dust in the living quarters. Operations Manager Dave Clem states it will be a 3 to 4-week project. In order to keep the dust out of the living quarters and apron will be around it. MOTION BY: John Odermann SECONDED BY: Nikki Wolla To award the bid to Roer’s for $75,850 to repair fire station I. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed B. Keep America Beautiful Grant Solid Waste/Recycling Manager Aaron Praus presents a grant to minimize cigarette litter in the community. The City of Dickinson will be awarded $10,000 to use for advertising, printing, and infrastructure as well as $2400 in kind (20 cigarette receptacles). The downtown district will be the primary focus for placement of these receptacles. He states Recycling Coordinator Rachel Schumacher will be the coordinator of this project. Another area that will be concentrated on after the downtown area will be the bars and other smoking places. MOTION BY: Nikki Wolla SECONDED BY: John Odermann To approve the Keep American Beautiful Grant. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C. Hazardous Tree Removal Solid Waste/Recycling Manager Aaron Praus presents an annual resolution that allows citizens to remove privately owned trees deemed hazardous by the City Forester and the cost be assessed as special assessments against the approved parcels. MOTION BY: John Odermann SECONDED BY: Suzi Sobolik RESOLUTION NO. ____08 - 2022_ A RESOLUTION CREATING HAZARDOUS TREE REMOVAL IMPROVEMENT DISTRICT 2022-01 OF THE CITY OF DICKINSON AND AUTHORIZING THE IMPROVEMENTS AND ASSESSMENTS DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed D. Mid-Size Excavator Bid Approval Operations Manager Dave Clem presents a bid for a mid-size excavator. He states that they received three bids, Titan Machinery, RDO Equipment a Butler Machinery. He states no used machinery was available at this time. He recommends the Cat Excavator for several years which include a 7-year warranty and several safety features. He states also due to the low fuel consumption he would like to have this unit. Commissioner John Odermann states a $12,000-dollar savings substantial. He does like all the safety features of this piece of equipment. Operations Manager Dave Clem states if one gas line is hit it would be catastrophic. The City budgeted $185,000 for this piece of equipment. He states there is quite a price increase over the past year. Commissioner John Odermann states that Mr. Zuroff and his staff have done an incredible job in purchasing and coming under the estimate but for the safety features in this piece of equipment he would support the purchase. MOTION BY: Nikki Wolla SECONDED BY: John Odermann To approve the purchase of the Cat Grade 2-D with E-Fence from Butler Machinery. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed E. Report: 1. Town Square Update Public Works Director Gary Zuroff updates the commission on the town square. He states the north family room wall with the restrooms are coming along. Also, the south wall is formed and ready to be poured along the alley way. The steel is on site for the stage. The square is coming along pretty well. About 20% of the contract has been spent which also includes the mechanical and electrical. Director Gary Zuroff states a meeting was held with several attendees to discuss the portable ice rink. He states the power is adequate for the ice rink along with the chills and grade. He states the DDA was going to review other vendors for the ice rink. Mr. Zuroff is concerned about whom will be maintaining and installing the ice rink annually. He states glyce is not part of the original bid. He does state that real ice will fit into the space. The annual cost to purchase the ice is $90,000. Mr. Zuroff again is concerned about the maintaining, operating and programming of this facility. 7. PLANNING 1. Reports: None 8. BUILDING/CODE ENFORCEMENT 1. Reports: None 9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA – 5:00 P.M. A. T-Rex Project Presentation Executive Director Mary Anderson whom has been with Able since 1994 along with Mike Klein whom has been with Able since 2005 who help 95 men and women with intellectual disabilities. The primary reason is getting people employed whom would normally be unemployed in regular jobs. She states having more space is more important. She states the stores in this plaza have provided a good employment for people. Ms. Anderson states people with autism are generally unemployed. Ms. Anderson states the parking lot project on the west side and the façade project was completed by a community development block grant. There is a new goal of creating a family bathroom with a back-side shower to provide for availability to the public. Ms. Anderson states King Buffet and Subway have done some improvements. Ms. Anderson is asking for financial support for the parking lot. Ms. Anderson provided information in regards to the parking lot and the upgrades needed to the parking lot. President Scott Decker states the city will look at the project. City Commissioner John Odermann commends Able and the staff for the work they have put into the building. He states it is a shining gem projects over the last couple of years. This project shows Dickinson as its best. He shows gratitude and appreciation. B. Public Hearing – Code Enforcement Penalties City Attorney Christina Wenko presents a code enforcement penalties ordinance which would list financial penalties for building code violations. This ordinance needed to be updated so the Building Department could enforce these violations accordingly. Commissioner John Odermann feels making increasing these penalties does increase the likelihood that someone will not able to make the improvements as necessary. City Attorney Christina Wenko states these are standard minimum requirements. The city does want to work with the building owners but do get that some owners do not want to comply. She states typically the city does not want to get to this point but do have some owners that will not comply. President Scott Decker opens the public hearing at 5:20 p.m. Hearing no public comments, the hearing was closed at 5:22 p.m. Building Inspector Leonard Schwindt states over 1,000 letters went out and the city is working through the process developing the procedure on what the city is looking for. He states the condemnation has been a huge push for this individual. The city does have a list of properties. The city is working with property owners. City Attorney Christina Wenko states the city has seen an uptick in complaints with the new staff. If this is a significant issue their officer will prosecute through the criminal court. The city does not like to get to this point. MOTION BY: John Odermann SECONDED BY: Suzi Sobolik To approve first final passage of Ordinance No. 1731. ORDINANCE NO. 1731 AN ORDINANCE AMENDED AND RE-ENACTING SECTION 13.12.02010 AND REPEALING SECTIONS 13.12.02040 AND 13.12.02130 OF THE CITY CODES OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO ARTICLE 13.12 - FIRE DEPARTMENT DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C. Public Comments not on Agenda Ms. Terra Zettel along with Mark Billings and Rachel Marshal from Connect Medical clinic inform the city of the medical services that are supported through this organization. She states the cots are low or free to assess health care in the community. They are located on State Avenue. Mr. Mark Billings states there are a series of events from April 6-8 with a youth rally on April 6, 2022. There is also an annual fundraising banquet and their mission is to update in funding as well as a mobile health unit to take education to the surrounding community. He states Rachel whom is a NP has started in January. Ms. Rachel Marshal states she provides services at a low cost such as pap smears and others. She will begin training in fertility soon. Mr. Mark Billings states this is known to be a women’s organization but they will be having a men’s breakfast from 7-8 a.m. at the Living Word Fellow hall. This is to inspire men to become leaders to make families as strong as they can be. President Scott Decker states there is definitely going to be filling a void in the community. He would encourage everyone to attend these events. He thanks them for their presentation. 10. COMMISSION Commissioner John Odermann would like for the Commissioners to keep an eye on the work that could be done at Patterson Lake. He feels this is the time to pursue some things with Parks and Rec and the Bureau of Land Management. He feels the city should take into serious consideration the potential investment. ADJOURNMENT MOTION BY: Suzi Sobolik SECONDED BY: John Odermann Adjournment of the meeting 6:05 P.M. DISPOSITION: Roll call vote… Aye 4, Nay 0, Absent 1 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: April 15, 2022 ABDO PUBLISHING COMPANY $1,018.50 ACCENT WIRE-TIE $5,866.10 ADVANCED BUSINESS METHODS $198.76 ADVANTAGE CREDIT BUREAU $120.00 AGWEEK $64.00 ALLSTATE PETERBILT OF DICKINSON $23.58 ARAMARK UNIFORM & CAREER APPAREL GROUP, INC $120.10 BAKER & TAYLOR CO (GA) $860.45 BALCO UNIFORM - POLICE ACCOUNT $2,084.51 BARROS, DEBORA $444.02 BECKER, DANA $159.85 BERGER ELECTRIC INC $1,537.08 BORDER STATES ELECTRIC SUPPLY $18.31 BOSCH LUMBER CO $359.20 BOSS OFFICE PRODUCTS $190.23 BRAUN DISTRIBUTING $79.60 BROCK WHITE COMPANY LLC $268.00 BROWN DUKE $25.00 BROWN, DAN $134.31 BURESH, KAREN $374.18 BUTLER MACHINERY CO $4,711.36 CALDEIRA JOSEPH $150.00 CARQUEST AUTO PARTS STORES $680.45 CENGAGE LEARNING $56.98 CENTRAL MECHANICAL INC $1,735.00 CERTIFIED POWER INC $604.29 CONSOLIDATED COMM CORP $5,003.91 CORE & MAIN LP $6,972.44 CUMMINS SALES AND SERVICE $5,177.91 DACOTAH PAPER CO $175.52 DAKOTA FILTER SUPPLY $209.98 DECKER, SCOTT J $165.10 DENNYS ELECTRIC INC $100.00 DIAMOND H RENTALS $400.00 DICKINSON PARKS & REC (MEMBERS) $2,681.80 DICKINSON TIRE INC $19.75 DTE INC-DICKINSON TRUCK EQUIP $44.24 EAST END AUTO (POLICE) $50.00 ELDER CARE $17,083.34 ELECTRONIC COMMUNICATIONS INC $375.00 GENERAL STEEL & SUPPLY $511.18 GOOSENECK IMPLEMENT $170.06 GRAND FORKS FIRE EQUIPMENT $303,950.80 GREAT NORTHERN ENVIRONMENTAL $3,130.00 HAYNES, MELBYE LAW OFFICE PLLC $1,398.33 HEART RIVER VOICE $140.00 HEIL ENVIRONMENTAL INDUSTRIES LTD $1,339.40 HEREDIA-NIEVES, YOEL $87.50 HORIZON CABLE SERVICE INC $112.68 INFORMATION TECHNOLOGY DEPT $589.85 INNOVATIVE OFFICE SOLUTIONS LLC $84.76 J J KELLER & ASSOCIATES INC $1,325.67 JEROMES DISTRIBUTING INC $147.25 JP FRAME SHOP $186.13 KARR DANIEL $87.50 KLJ ENGINEERING LLC $43,239.90 LAWSON PRODUCTS INC $800.93 LAWSON, STEPHEN $225.00 LEGEND AUTO BODY INC $1,311.90 LEO A DALY $1,764.70 LOGO MAGIC INC $409.00 MACKOFF KELLOGG LAW FIRM $23,500.00 MATTHEW BENDER & CO INC. $140.86 MENARDS $172.66 MIDWEST DOORS INC $223.35 MIDWEST TAPE $175.42 MINNESOTA VALLEY TESTING LAB INC $541.00 MONTANA-DAKOTA UTILITY $7,204.52 NAYAX, LLC $8.95 ND LEAGUE OF CITIES $200.00 ND LIVING $1,075.00 ND ONE CALL INC $163.45 ND STATE RADIO COMMUNICATIONS $4,680.00 NELSON INTERNATIONAL $195.90 NEOGOV $15,486.27 NEWBY’S ACE HARDWARE $321.54 NEWMAN SIGNS INC $103.12 NEWTON, RENEE $259.68 NORTH DAKOTA DEPARTMENT OF COMMERCE $400.00 NORTHWEST TIRE INC $34.62 NOVA FIRE PROTECTION INC $2,467.93 PRAIRIE AUTO PARTS INC $76.48 PUMP SYSTEMS LLC $339.01 QUADIENT - POSTAGE FUNDING $1,045.00 QUADIENT LEASING $1,645.02 QUINN JEFFREY $500.00 RED ROCK FORD OF DICKINSON $424.60 ROUGHRIDER ELECTRIC COOPERATIVE $27,139.21 RUDY’S LOCK & KEY LLC $49.75 RUMMEL HELEN $171.74 RUNNINGS SUPPLY INC $150.51 SAFETY-KLEEN $291.24 SANFORD HEALTH OCCUPATIONAL MEDICINE DIVISION $291.00 SANITATION PRODUCTS $1,174.55 SCHLABSZ DOROTHY $256.45 SHI INTERNATIONAL CORP $2,462.70 SOUTHWEST GRAIN(BULK) $1,598.21 SOUTHWEST WATER AUTHORITY $593.03 SPEE DEE DELIVERY SERVICE, INC $40.96 SRF CONSULTING GROUP INC $5,496.64 STAPLES BUSINESS CREDIT $232.12 STARK COUNTY AUDITOR $16,985.96 STARK DEVELOPMENT CORP $62,500.00 SUNSET LAW ENFORCEMENT, LLC $6,752.60 SURE SIGN, ROBINSON, KURT $1,050.00 SW DISTRICT HEALTH UNIT/ WATER SAMPLES $820.00 SW VICTIM WITNESS PROGRAM $900.00 TITAN MACHINERY $273.13 TOOZ CONSTRUCTION INC $209,250.00 TOTAL SAFETY US INC $26.00 TRACKER MANAGEMENT $5,498.46 TRANSUNION RISK AND ALTERNATIVE $182.40 TREES ON THE MOVE, INC $2,260.00 USABLUEBOOK $231.49 VAL’S SANITATION $170.00 WALLACE, DAVID $762.30 WALLWORK TRUCK CENTER $6,715.89 WEHNER, DARRYL $905.81 WEST DAKOTA OIL INC $1,160.70 WESTLIE TRUCK CENTER OF DICKINSON $1,680.07 WEX HEALTH INC $903.25 WINN-911 $660.00 ZENT, JAN $381.06 PRINCIPAL INSURANCE COMPANY $15,492.22 (April 27, 2022) 56618