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REGULAR MEETING DICKINSON CITY COMMISSION December 3, 2019 I.

REGULAR MEETING
DICKINSON CITY COMMISSION
December 3, 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, Jason Fridrich, Carson Steiner and Sarah Trustem.
Absent: None

1. ORDER OF BUSINESS
MOTION BY: Jason Fridrich
SECONDED BY: Nikki Wolla
To approve the December 3, 2019 Order of Business as presented with the removal of the Berger Electric Contract under the Police Department and Compactor Bid Approval under Public Works.

DISPOSITION: Motion carried unanimously.

2. CONSENT AGENDA
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
A. Approval of meeting minutes dated November 19, 2019
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. Amendment to Joint Powers Agreement for City/County Planner
City Administrator Joe Gaa states the City and County have had an agreement to share the County planner for several years. Administrator Gaa states last year the agreement was amended to have the planner work for the City 40% of the time and the City reimburses the County for that portion of the position's salary and benefits. During budget time, the County indicated they would like to share the position evenly for 2020. The City budget was prepared to reflect a 50% split. The enclosed contract increases the City share to 50% as was planned. The amendment also proposes that the City also pay for 50% of the position's certification/professional development costs. Mr. Gaa states this is not something the City had planned for in the budget. Adding additional expenses to the agreement is not a normal practice and staff would recommend against. If the Commission does agree to the proposed terms, setting a dollar amount that the amount would not exceed is recommended. Mr. Gaa has spoken with the current Planner and he states the cost for conferences, etc. is about $1,500 annually.

MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
To approve the amendment to the Joint Powers Agreement with the county for 50% of the City/County Planner and to pay up to $750 dollars for the training needed to continue his license.

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

B. 2020 Fee Schedule
Deputy City Administrator Linda Carlson presents the 2020 Fee Schedule. There have been no changes from last meeting and no changes from the work session held in the same afternoon.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 23-2019.

RESOLUTION NO. 32-2019
A RESOLUTION AMENDING CITY OF DICKINSON FEE SCHEDULE

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

C. Dickinson Convention and Visitors Bureau
City Administrator Joe Gaa presents the Dickinson Convention and Visitors Bureau updated list of Board members.

MOTION BY: Sarah Trustem
SECONDED BY: Nikki Wolla
To appoint Directors as listed.

DISPOSITION:Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

D. Reports:
1. Thank you notes - Sunrise Youth Bureau and New England Senior Center
Provided for informational purposes only.

2. Leadership Dickinson - 1/15/2020
City Administrator Joe Gaa states Leadership Dickinson will have a mock Commission meeting on January 15, 2020 along with lunch. This will be held at City Hall at 10:30 a.m.

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

B. Police Department
1. Berger Electric Contract for Animal Shelter
Removed from agenda.

5. ENGINEERING
A. Master Service Agreement Extension Highlands Engineering
City Engineer Craig Kubas states the City has had an MSA (aka Master Task Order) with Highlands Engineering since January 2018. This MSA was for a two-year duration. City staff would like to extend the MSA for an additional five years. This MSA does not bind the city to any payment to Highlands engineering nor does it guarantee future contracts for Highlands Engineering. The MSA is simply the framework under which all project agreements will follow. The conditions of the MSA were previously reviewed by legal. This amendment would only amount to an extension of the term. Staff recommends approval.

MOTION BY: Sarah Trustem
SECONDED BY: Nikki Wolla
To approve the master service agreement with Highlands Engineering

DISPOSITION:Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

B. Design Engineering Task Order - West Ridge Drive
City Engineer Craig Kubas presents a Task Order that would engage Highlands Engineering to prepare a set of plans and bid documents to correct West Ridge Drive, Roughrider Boulevard, and Legend Drive. The cost of services is estimated not to exceed $45,770. The design work would follow Option 1 in the preliminary engineering report that was presented to the commission at a previous work session and received general consensus to move forward. Option 1 involved repairing currently damaged pavement and performing ongoing maintenance. The preliminary Construction Cost Estimate for option 1 is $985,000 and is included in the 2020 CIP using GPT funding. Staff has reviewed the scope of this agreement and recommend approval

MOTION BY: Carson Steiner
SECONDED BY: Nikki Wolla
To approve the Engineering Agreement with Highlands Engineer for West Ridge Design and Bidding.

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

6. PUBLIC WORKS
A. Compactor Bid Approval
Removed from Agenda

7. PLANNING
A. Final Plats:
1. West Villard Addition
Planning Director Walter Hadley presents a Final Plat, West Villard Addition, which an addition to the City of Dickinson ETZ. Director Hadley states the Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval.

MOTION BY: Jason Fridrich
SECONDED BY: Sarah Trustem
Adopt Resolution 33-2019.

RESOLUTION NO. 33-2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED WEST VILLARD
ADDITION,
STARK COUNTY, NORTH DAKOTA.

DISPOSITION:Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

2. Sickler Division
Planning Director Walter Hadley presents a Final Plat, Sickler Subdivision, which is an Addition to the City of Dickinson ETZ. Planner Hadley states the Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval.

MOTION BY: Sarah Trustem
SECONDED BY: Jason Fridrich
Adopt Resolution 34-2019.

RESOLUTION NO. 34-2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED SICKLER
SUBDIVISION,
STARK COUNTY, NORTH DAKOTA.

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

3. William Johnson Subdivision
Planning Director Walter Hadley presents a Final Plat, William Johnson Subdivision, which is an Addition to the City of Dickinson ETZ. Planner Hadley states the Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval. Planning Director Hadley states this property is along 10th Avenue East. There were some questions in regards to what the property owner was going to do with the existing structures in this area but these structures are not on the this plat.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 35-2019.

RESOLUTION NO. 35-2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED WILLIAM JOHNSON SUBDIVISION,
STARK COUNTY, NORTH DAKOTA.

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

B. Special Use Permits
1. Fire and Ice Group Home and HVAC Shop at 620 8th Street SE
Planning Director Walter Hadley presents a Special Use Permit for Fire and Ice to operate a group home and HVAC shop/office in the City of Dickinson ETZ. The Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no opposition was heard. This is located at 620 8th Street SE. This is directly east of the mobile home court East of Dickinson. Planner Hadley states there is an Able home already onsite. He states this is quite a nice site and it is out of town. Staff and the Planning Commission would both recommend approval.

MOTION BY: Jason Fridrich
SECONDED BY: Carson Steiner
Adopt Resolution 36-2019.

RESOLUTION NO. 36-2019
A RESOLUTION APPROVING A
SPECIAL USE PERMIT TO DESCHAMP PROPERTIES FOR A TRADE FACILITY AND GROUP CARE FACILITY

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed
2. Wireless Communications Tower (BBQ) at 1398 Gum Avenue
Planning Director Walter Hadley presents a Special Use Permit for a wireless communication tower within the City of Dickinson. The Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no major opposition was heard. Planning Director Hadley states this is along the splash park that Parks and Rec would like to build in this area. There will be an access roadway for the extension of Gum Avenue. This area does hug up against the bridge on 10th Avenue East. Staff and the Planning Commission would both recommend approval.

Commissioner Carson Steiner questions whether any communication towers can interfere with other wireless provided services.

Planning Director Walter Hadley states this is an FCC issue if there would be any interference and the FCC would deal with it.

MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 37-2019.

RESOLUTION NO. 37-2019
A RESOLUTION APPROVING A
SPECIAL USE PERMIT TO ROB
VIERA-BUELL CONSULTING FOR AN EIGHTY FOOT MONOPOLE
TELECOMMUNICATIONS TOWER

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

3. Wireless Communications Tower (Tiger) at 3131 Energy Drive
Planning Director Walter Hadley presents a Special Use Permit for a wireless communication tower within the City of Dickinson. The Planning Commission conducted a public hearing on this item during the November 20, 2019 regular meeting and no opposition was heard. Planning Director Hadley states this is in an industrial area and has a higher coverage area so it can be utilized as it is a higher tower of 150'tall. Staff and the Planning Commission would both recommend approval.

MOTION BY: Sarah Trustem
SECONDED BY: Nikki Wolla
Adopt Resolution 38-2019.

RESOLUTION NO. 38-2019
A RESOLUTION APPROVING A
SPECIAL USE PERMIT TO ROB
VIERA-BUELL CONSULTING FOR A ONE HUNDRED FIFTY FOOT
MONOPOLE TELECOMMUNICATIONS TOWER

DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed

8. BUILDING
A. Reports:
1. None

9. TIMETABLE AGENDA
Stark Development Presentation
Executive Vice President Ryan Jilek states Stark Development held the Economic development Conference this fall in Dickinson. He states this event has not been held in Dickinson since 2004. Mr. Jilek thanks the commissioners for their continued support. He thanks Commissioner Fridrich for serving on the Stark Development Board. He states success is measured by the businesses that Stark Development helps. He states there was a video related on Baker Boy. He updates the Commissioners on the façade program, PACE and FLEX/Pace Program. He states they continue to work with entrepreneurial programs and continues to work with new people coming to the community.

Commissioner Carson Steiner would like to see Stark Development have more involvement with the Chamber of Commerce. Commissioner Steiner feels there could be more interaction with events and ideas with the Chamber of Commerce.

Executive Vice President Ryan Jilek states there is a void of having a welcome wagon. He feels that sometimes it is the personal contact that needs to be developed. He feels there should be a trade show to bring people into the community and show them what it has to offer. He feels Stark Development needs to look at how to build a relationship between the DDA, Chamber and Stark Development. He states President Scott Decker and himself have been working on the complete count committee and have been meeting regularly since April. He feels with the current censes there will be some unique challenges. He feels there will be challenges in hiring someone to come to the citizen door and to fill out the census. He states sales tax numbers are up and there have been a couple of good months. He states there is a lot of new activity and a lot of new people getting involved.

Commissioner Carson Steiner thanks Mr. Jilek for all that he does.

Executive Vice President Ryan Jilek updates the Commissioners on the grant and PACE program.

10. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA
None

11. COMMISSION
President Scott Decker commends City staff for doing a great job on the snow removal.

President Scott Decker was questioning the need for a special meeting in regards to the grievance appeal.

City Attorney Haylee Cripe states the City Code has outlined a procedure for employees to appeal disciplinary action. She states there is a gap in what happens if administration is issued a written warning. She states the code stopes there. Normally the action goes to Civil Services. At this time there is no appeal process in the city if the City Administrator is issued a written warning. Ms. Cripe states her preference would like to amend the code to close the gap. She states if termination or suspension would be an action then it would go to Civil Service. She lists options such as the President of City Commission would review the action and make a determination or sent it to Civil Service. Ms. Cripes recommendation would for the complaint to go to the Commission President.

All Commissioner agree this would work to have the complaint go to the President of City Commission. Haylee will bring the ordinance change to the commission meeting as an ordinance.

ADJOURNMENT

MOTION BY: Jason Fridrich
SECONDED BY: Sarah Trustem
Adjournment of the meeting at approximately 5:30 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:
Joe Gaa, City Administrator
Scott Decker, President
Board of City Commissioners
Date: December 17, 2019
(Published: December 14, 2019)