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REGULAR MEETING DICKINSON CITY COMMISSION August 6, 2019 I.

REGULAR MEETING
DICKINSON CITY COMMISSION
August 6, 2019

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 Nikki Wolla, Carson Steiner and Sarah Trustem.
Absent: Commissioner Jason Fridrich

1.ORDER OF BUSINESS
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
To approve the August 6, 2019 Order of Business as presented.

DISPOSITION: Motion carried unanimously.

2.CONSENT AGENDA
MOTION BY: Carson Steiner
SECONDED BY: Nicole Wolla
A. Approval of meeting minutes dated July 10 and July 16, 2019.
B. Approval of Accounts Payable, Commerce Bank and Checkbook.
C. Approval of Monthly Financial Report
D. Approval of MDU Contractor for Emergency Generators

President Decker explains the MDU contract states the City is reserving generation of energy and the capacity is being reserved along with the rate.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

3. ADMINISTRATION/FINANCEA. Criminal Code Updates - Chapter 23, 25, 33
City Prosecutor Christina Wenko presents ordinances reflecting the 2018 Legislative changes to the North Dakota Century Code. The major changes include the decriminalization of marijuana, the creation of a domestic violence statute and revisions in the DUI laws in light of recent ND Supreme Court opinions. The ordinances also reflect minor statutory fee changes for certain traffic violations and amendments to the fireworks ordinance.
Chapter 23
City Prosecutor Christina Wenko updates the Commissioners on Chapter 23 which is the DUI laws. She states Dickinson Police Department has been very receptive about listening and working on this issue. She states the Police Department and herself have attended a training on how to handle the DUI law of ND.

MOTION BY: Carson SteinerSECONDED BY: Sarah Trustem
To approve first reading of Ordinance No. 1679.
ORDINANCE NO. 1679
AN ORDINANCE AMENDING AND
RE-ENACTING SECTION TWENTY-THREE (23) OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH
DAKOTA, RELATING TO MOTOR
VEHICLES AND TRAFFIC.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

Chapter 25
City Prosecutor Christina Wenko updates the Commission on Chapter 25 which are offenses and criminal violations. She states legislatures have decided to separate out domestic violence and make it its own separate code. She states prior to August 1, 2019 simple assault and domestic violence were combined. The language for domestic violence does mirror the century code. Ms. Wenko states these offenses will be automatically be prosecuted in district court. The separation of these offenses will alleviate confusion and have their own separate fees. Prosecutor Wenko also discusses on how marijuana laws have changed and the significant changes made to possession charges. She states the legislatures made significant changes and the charge will be dependent upon the weight of the substance. She states only if you are in possession of over 500 grams of marijuana would you be charged in a district court.

MOTION BY: Sarah Trustem
SECONDED BY: Nicole Wolla
To approve first reading of Ordinance No. 1680.
ORDINANCE NO. 1680
AN ORDINANCE ENACTING,
AMENDING AND RE-ENACTING
SECTION TWENTY-FIVE (25) OF THE CITY CODE OF THE CITY OF
DICKINSON, NORTH DAKOTA,
RELATING TO OFFENSES.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

Chapter 33
City Prosecutor Christina Wenko updates the Commission on Chapter 33 which addressees littering within the City Limits. She states three of the ordinances deal with littering. This change will eliminate confusion.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
To approve first reading of Ordinance No. 1681.
ORDINANCE NO. 1681

AN ORDINANCE AMENDING AND
RE-ENACTING SECTION THIRTY THREE 33) OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO STREETS AND SIDEWALKS

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

B. Preliminary Budget Statement
Deputy City Administrator Linda Carlson presents the letter she would like to send to Stark County for the City's preliminary budget statement based on an estimated taxable value of $118,942,471. Ms. Carlson states to be in compliance with a budget hearing and first reading of the ordinance on September 17, 2019 and second reading and final passage on October 1, 2019.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
To approve the letter to Stark County Auditor for the total of $5,724,000 to include City General Fund, Library and Airport for the 2020 budget.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

Deputy City Administrator Linda Carlson would also like to set up a date and time to Finalize the budget so a first reading could be in September. Deputy City Administrator Carlson suggests August 28, 2019 at 8:00 a.m. All Commissioners agreed to this date and time.

C. RFP for Realtor for Lot 1 and 2, Block 1, Hilliard and Manning 3rd Addition, Replat Block 3, Carlson Subdivision
City Administrator Joe Gaa states at the July 16th Commission meeting the Commission instructed staff to solicit proposals from local realtors interested in serving as the City's agent in the sale of 805 Sims. Four proposals were received and reviewed. A draft resolution to name a listing agent and designate the City Administrator as the signatory for related documents. This agreement is non-exclusive, meaning any agent may represent the seller, which is a requirement of the code that allows City's to sale real estate on the open market. You will note the proposals varied significantly in asking price. In reality, the expected selling price is what matters. As the Commission had expressed a desired price of around $200k, that would narrow down the decision to two proposals, which coincidentally are from the same agency. Administrator Gaa would recommend the proposal from Anthony Kleinwaechter.
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 23-2019.

RESOLUTION NO. 23-2019
A RESOLUTION TO SECURE THE PROFESSIONAL SERVICES OF A QUALIFIED REAL ESTATE AGENCY TO SELL A CITY OWNED PROPERTY DESCRIBED AS LOTS 1 & 2, BLOCK 1, HILLIARD AND MANNING 3RD
ADDITION, REPLAT BLOCK 3 OF THE CARLSON SUBDIVISION IN THE CITY OF DICKINSON, NORTH DAKOTA

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

D. Reports
1. Fairway Project - Dickinson Hills
City Administrator states Dickinson Hills is working with a developer to continue on with the project.

2. Thank you note - Dunn County Historical Society
Provided for informational purposes only.

4.PUBLIC SAFETY
A. Fire Department
Reports:
1. None

B. Police Department
Reports:
1. None

5.ENGINEERING
A. Reports:
1. Special Improvement District Policy
City Engineer Craig Kubas states staff would like to proceed with an RFP to select a consultant for the 2020 mill and overlay project. During preliminary budget meetings it was indicated that the mill and overlay project would target an approximate value of $5 million. Engineer Kubas states in order make those dollars go as far as possible, a special assessment policy was requested to be developed to assess a percentage of the concrete improvements. It will be Staffs intent to develop that special assessment policy, select a consultant to design the project, then have the commission form the SID by resolution using the special assessment policy and the project that has been designed.

MOTION BY: Carson Steiner
SECONDED BY: Nicole Wolla
To approve City Engineer Craig Kubas and City staff to move forward with an RFP for a consultant in regards to the Special Improvement District.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

2. State Avenue Striping
City Engineer Craig Kubas states City staff has been working to re-stripe the concrete section of State Ave., South and 8th St., Southwest. Currently both those streets are straight as four-lane sections. However the pavement marking is not very visible. In an attempt to reduce speed on State Avenue the plan will be to stripe State Avenue as a three lane section with either a continuous center lane or left turn lanes as appropriate. Since there will be additional pavement width available going from four lanes to three lanes, staff would recommend that a dedicated bike lane be added to State Avenue on either the east or west side.

President Scott Decker feels this issue needs to be a public meeting at the next Commission Meeting. President Decker does feel a bike lane is a good idea but would like for the public to be informed about the change from 4 lanes to 3 lanes.

Commissioner Sarah Trustem would like to have public input also and a report from the Police Department.

A public hearing will be held at the August 20, 2019 meeting.

6.PUBLIC WORKS
A. Agreement for Hauling Recycling
Solid Waste Manager Aaron Praus states the City of Dickinson requested proposals for the transportation of recycle materials to Dem-Con Industries in Shakopee, MN. The current hauler, Dem-Con, is no longer able to honor the rate of $2,000/load and submitted a letter to terminate the contract on September 30, 2019. The RFP is for a 2- year period commencing on October 1, 2019. There is an option to renew an additional 3 years provide the city's materials are being sent to the same facility. The 2-year period will align the transportation and Material Recovery Facility contracts. A fuel surcharge is required once fuel exceeds $3.153/gallon based on the US Energy Information Administration (EIA) calculations. A total of 2 RFP's was received. A summary of each is as follows: Tracker Management from New Prague, MN bid the contract at $2,275/load. Triple Star Trucking from Dickinson, ND bid the contract at $2,637/load. Both bids received meet all of the requested criteria for the RFP. It is City of Dickinson staff recommendation that we honor the bid received from Tracker Management for the amount of $2,275/load and enter into contract for a 2-year period beginning on October 1, 2019. Tracker Management has been providing this service to the City of Dickinson as a sub-contractor for Dem-Con Industries for the past 2 months. They are dependable, timely, and provided excellent customer service. Solid Waste Manager Praus states at this time there is no conversation of opening a recycling facility in North Dakota.

MOTION BY: Carson Steiner
SECONDED BY: Nicole Wolla
To approve Tracker Management for a two year recycling contract.

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

7. PLANNING
A. Reports
1. None

8. BUILDING
A. Reports:
1. None

9. TIMETABLE AGENDA
5:00 p.m.
Public Hearing - Annexation of Country Oaks Estates
City Administrator Joe Gaa states this is the final housekeeping item for annexation of Country Oaks Estates. He states the resolution has been published and allowed for public comment. Administrator Gaa states there was no public comment. The owners had requested the annexation as this is near Hope Christian Academy. Administrator Gaa Recommends to approve the proposed Annexation request which is in compliance with the City of Dickinson City Code and Comprehensive Plan and as being in the best interest of the general public health, safety, and welfare.

President Scott Decker opens the public hearing at 5:06 p.m. Hearing no comment the public hearing was closed at 5:07 p.m. and the following motion was made.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 24-2019.

RESOLUTION NO. 24 - 2019
A RESOLUTION FINDING THAT THE OWNERS OF LESS THAN ONE-FOURTH OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE FILED WRITTEN PROTESTS

DISPOSITION:Roll call vote…Aye 4, Nay 0, Absent 1
Motion declared duly passed

5:10 p.m. - Public Hearing - Renaissance Zone Projects
1. Infinity Real Estate Group- 1269 West Villard Street
County Planner Steven Josephson states Infinity Real Estate has applied for a Renaissance Zone Project and is requesting a five-year real estate tax exemption and a five-year income tax exemption for a commercial rehabilitation construction project on Block 25 of the City of Dickinson's Renaissance Zone. Infinity Real Estate/327 Properties LLC intends to renovate an existing vacant building located at 1269 West Villard Street.

President Scott Decker opens the public hearing at 5:10 p.m. Hearing no public comment the hearing was closed at 5:11 p.m. and the following motion is made.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
To approve Infinity Real Estate Group LLC petition for a Renaissance Zone Tax Exemption as being compliant with the City of Dickinson's Renaissance Zone Plan, as amended effective July 1, 2019, and with the City of Dickinson Comprehensive Plan, as well as being in the interest of the public health, safety and welfare.

DISPOSITION: Roll call vote… Aye 4, Nay 0, Absent 1
Motion declared duly passed.

2. American Bank Center - 220 1st Street West
County Planner Steven Josephson states American Bank Center is requesting a five-year real estate tax exemption and a five-year income tax exemption for a commercial new construction project on Block 6 of the City of Dickinson's Renaissance Zone located at located at 220 1st Street West. This would be a 48,250 square foot building.

Commissioner Sarah Trustem states it is really wonderful to see business utilizing the Renaissance Zone and to invest in the downtown beautification. Commissioner Trustem states these are two amazing investing projects and continues to drive that investment into downtown Dickinson.

President Scott Decker opens the public hearing at 5:13 p.m. Hearing no public comment the hearing was closed at 5:14 p.m. and the following motion is made.

MOTION BY: Sarah Trustem
SECONDED BY: Carson Steiner
To approve American Bank Center petition for a Renaissance Zone Tax Exemption as being compliant with the City of Dickinson's Renaissance Zone Plan, as amended effective July 1, 2019, and with the City of Dickinson Comprehensive Plan, as well as being in the interest of the public health, safety and welfare.

DISPOSITION: Roll call vote… Aye 4, Nay 0, Absent 1
Motion declared duly passed.

5:20 - National History Day Presentation
Heather Avers-Davis introduces the -students from Dickinson Middle School. Dickinson Middle School sent four students Rylee, Sami, Elizabeth, and Abby to Washington DC for National History Day in June. The girls spoke about their projects and their experience during National History day.

Dickinson Middle School Teacher Mitch Meyer states that he teaches 7th Grade Geography to these students and this is his second year of this project. He does feel this is a learning experience and with these eager students it was nice to take them to nationals.

10. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA
Resident Al Thorstad would like to congratulate Solid Waste Manager Aaron Praus on doing a great job in the recycling program. Mr. Thorstad states Dickinson should build a civic center but he also suggests putting a dome over the BAC stadium. He states the City could save a lot of money if a dome was put on over the BAC. He feels the State should get involved and have the oil and oil companies donate money for the civic center. He feels this would be an excellent investment for the City.

Resident Brady Paulson thanks the Police Department, Stark County and ND Highway Patrol for doing a great job.

11.COMMISSION
1. Real Estate Contract Negotiations - Executive Session under NDCC 44-04-19.1 (2) & 44-04-19.2.

MOTION BY: Carson Steiner SECONDED BY: Sarah Trustem
To approve an Executive Session for Real Estate Contract Negotiations pursuant to NDCC § 44-04-19.1 and 44-04-19.2.

DISPOSITION: Roll call vote… Aye 4, Nay 0, Absent 1
Motion declared duly passed

President Scott Decker states the City Commissioners provided guidance to City staff to continue negotiations on a select piece of property and continue forward and keep the City Commissioners abreast of those negotiations.

ADJOURNMENT
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adjournment of the meeting at approximately 5:55 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:
Joe Gaa, City Administrator
Scott Decker, President
Board of City Commissioners
Date: August 20, 2019
(Published: August 17, 2019)