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REGULAR MEETING DICKINSON CITY COMMISSION July 2, 2019 I.

REGULAR MEETING
DICKINSON CITY COMMISSION
July 2, 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 Sarah Trustem, Nikki Wolla, Carson Steiner and Jason Fridrich.
Absent: None

1.ORDER OF BUSINESS
MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
To approve the July 2, 2019 Order of Business as presented.
DISPOSITION: Motion carried unanimously.

2.CONSENT AGENDA
MOTION BY: Sarah Trustem
SECONDED BY: Nicole Wolla
A. Approval of meeting minutes dated June 18, 2019 and June 26, 2019.
B. Approval of Accounts Payable, Commerce Bank and Checkbook
C. Approval of ND Department of Environmental Quality, Chemistry Division - Water Analysis.

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

3. ADMINISTRATION/FINANCE
A. Chapter 32 Amendment - Retirement
City Administrator Joe Gaa presents an ordinance revision which was introduced and a public hearing held on June 18th. The revision clarifies that if employees are participating members in a closed retirement plan and separate employment for at least one month, then they may be re-employed and will participate in a current, qualifying plan. This change was approved by the retirement board. Staff recommends approval of second reading and final passage.

President Scott Decker opens the public hearing at 4:32 p.m. Hearing no public comment the hearing is closed at 4:33 p.m. and the following motion is made.

MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
To approve second reading and final passage of Ordinance No. 1676.

ORDINANCE NO. 1676

AN ORDINANCE AMENDING AND
RE-ENACTING SECTIONS
32.08.100, 32.08.210, 32.12.100,
32.12.210, 32.12.220 OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO THE CITY OF DICKINSON PENSION PLAN AND TRUST AND THE CITY OF DICKINSON POLICE EMPLOYEE'S PENSION PLAN AND TRUST.

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

B. Local Landmark Program Recognition
Museum Director Bob Fuhrman states the Dickinson's Historic Preservation Commission was created in 2003. Part of the Commission's function is to "develop and participate in programs to increase public awareness of the value of historic preservation and historic properties " Following this directive, in 2008 the HPC sought to establish a Local Landmark program which was proposed to and approved by the City Commission and in January 2009 the first 5 properties were nominated and approved with a sixth property added to our Local Landmark registry in 2012. However, no formal recognition beyond designation by the Historic Preservation Commission was sought. Tonight the HPC seeks the City Commission's formal recognition of the six existing Local Landmarks and to also recognize that property now known as Fire Station #1 as a newly designated Dickinson City Local Landmark, that recognition being via the Resolution now before the Commission, which the Historic Preservation Commission asks the City Commission to adopt. Museum Director Fuhrman states this resolution would recognize six Dickinson Local Landmarks heretofore never having been presented to the City Commission for formal approval and recognize the historic significance of Fire Station #1 and approve the recommendation of the Historic Preservation Commission to add this structure to the roster of Dickinson City Local Landmarks. He states the Historic Preservation Commission recommends approval of this resolution.
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
Adopt Resolution 17-2019.

RESOLUTION NO. 17 - 2019
A RESOLUTION PROVIDING FOR
OFFICIAL RECOGNITION OF
PREVIOUSLY LISTED DICKINSON CITY LOCAL LANDMARKS

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

C. Proclamation - Lemonade Day
Director Katie Culver updates the Commission on Lemonade Day. She states the youth create lemonade stands and these will be set up on July 20, 2019 and the stands will be judged on tastes. She states the lemonade stand that wins will then have their supplies paid for by Bosch Lumber. Ms. Culver states this program teaches entrepreneurship and is an investment in Dickinson youth. She welcomes all entrepreneurs.

Commissioner Sarah Trustem thanks Ms. Culver for getting this program started and states Ms. Culver is an instrumental leader in Dickinson. Commissioner Trustem is excited for the day and to see how successful it is. She states there are hours of volunteer work for months to get this program going and kudos to all who have worked so hard on this program as it is amazing.

President Scott Decker reads the Lemonade Day Proclamation.

MOTION BY: Sarah Trustem
SECONDED BY: Jason Fridrich
To approve Lemonade Day Proclamation.

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

D. Reports:
1. SW Regional Grants
Provided for informational purposes only. City Administrator Joe Gaa states there were $250,000 dollars in request for the SW Regional Grant and $50,000 was spread over 22 projects.

2. Senior Citizens Grants
Provided for informational purposes only. City Administrator Joe Gaa states over $78,000 dollars were requested for the Senior Citizen grants and $50,000 was split over 14 projects.

3. SW Water 2019 Annual Report
Provided for informational purposes only.

4. Renaissance Zone Extension
City Administrator Joe Gaa reviews the Renaissance Zone Extension. He states the Commission recently approved an updated renaissance zone and requested the zone be extended for five years. The new map and extension were granted. The renaissance zone will be in place until July 2024. Planning staff is currently working with two applicants wishing to participate in the program.

5. Thank you note - Manning Community Club
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. None

6. PUBLIC WORKS
A. Task Order Highland's Engineering - 2019 Dickinson Mill and Overlay
Public Works Director Gary Zuroff presents a Task Order No. 189325-02 is to provide Construction Engineering Services with Highlands Engineering and Surveying, PLLC for City Project #201900. This project includes portions of Fairway Street and 9th Street along with portions of 1st Ave, Foster Drive, Park Ave, 4th Ave W, Park Street and 5th Ave West, and Hillside Drive. Staff recommends approval. The total cost for administration is $162,370.
MOTION BY: Carson Steiner
SECONDED BY: Nicole Wolla
To approve the 2019 Dickinson Mill and Overlay Task Order with Highlands Engineering.

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

Task Order Highlands Engineering - 2019 Urban Mill and Overlay
Public Works Director Gary Zuroff presents a Task Order No. 201801-02 is to provide Construction Engineering Services with Highlands Engineering and Surveying, PLLC for City Project #201901 Urban Roads Mill & overlay (10th Ave West-15th Street to 21st Street) SU-5-983(062) and (12th Street West-Hillside Drive to State Avenue) SU-5-983(063). City staff recommends approval. The total cost is $169,555.
MOTION BY: Sarah Trustem
SECONDED BY: Jason Fridrich
To approve the 2019 Urban Mill and Overlay.

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

B. Truck Body and Associated Systems
1. Single Axle Truck Body and Associated Systems
Public Works Director Gary Zuroff states the Public Works Department is requesting approval to purchase the dump body and associated systems along with options 1-3 from Northern Truck Equipment for a total of $85,025.00. They are the lower cost proposal and the bid exceptions were minor and acceptable to the City. Staff recommends approval. Director Zuroff states the City has already purchased the chassis. Director Zuroff states this is a 2019 budgeted item.
MOTION BY: Nicole Wolla
SECONDED BY: Sarah Trustem
To approve the purchase of a single axle truck body for $85,025.

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

2. Tandem Axle Truck Body and Associated Systems
Public Works Director Gary Zuroff states the Public Works Department is requesting approval to purchase the dump body and associated systems along with option 1 and 2 from Northern Equipment for a total of $75,005.00. Staff recommends approval. They are the lower cost proposal and the bid exceptions were minor and acceptable to the City. Staff recommends approval. The City has already purchased the chassis.
MOTION BY: Jason Fridrich
SECONDED BY: Carson Steiner
To approve the purchase of a tandem axle truck body for $75,005.

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

C. Resolution - Clean Water Act Loan - SRF Loan for Lift Station No. 1
Public Works Director Gary Zuroff presents a Resolution requesting PWD Gary Zuroff as the signatory for the SRF Loan application and subsequent forms. The lift station has already been awarded and this is for the Clean Water State Water Revolving Fund Loan for the project. Director Zuroff stated Engineer Craig Kubas has been the signatory for this project in the past.
MOTION BY: Jason Fridrich
SECONDED BY: Nicole Wolla
Adopt Resolution 18-2019.

RESOLUTION NO. 18 - 2019
RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE North
Dakota DEPARTMENT OF
ENVIRONMENTAL QUALITY FOR A LOAN UNDER THE CLEAN WATER ACT AND/OR THE SAFE DRINKING WATER ACT.

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

D. Wood Waste Burner
Solid Waste Manager Aaron Praus would like for the City to purchase a wood waste burner from Airburners for the cost of $127,651 for the landfill for burning wood waste (trees) materials and this is a sole sourced item and was included in the 2019 budget. Manager Praus states it takes solid waste about 525 hours to chip up trees and debris. Mr. Praus states the city does create way too much material and that the City will not be able to sell that much mulch. He states this items was in the 2019 budget. Mr. Praus states the City made under $1,000 in 2018 for wood chips. He does states that there are two people certified to do the chipping. Manager Praus states the City is working through Title V requirements.

MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
To Purchase a Wood Waste Burner from Airburners for $127,651.

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

7. PLANNING
A. Final Plat - Museum Drive Subdivision
City Administrator Joe Gaa presents a Final Plat for the Museum Drive Addition, a Replat of Lot 1, Block 2, of the Replat of Blocks 1, 2, & 3 of Interstate 3rd Addition The site is located in the NE ¼ SW ¼, of Section 34, Township 140 North, Range 96 West, of the 5th Principal Meridian, City of Dickinson, Stark County, North Dakota. The Planning Commission conducted a public hearing on this item during the June 19, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval. Administrator Gaa states Engineering Staff has been working on this for several months. He states that encroachments were on the back property line. Mr. Gaa states there will be no cost to the homeowner if they record a deed by the end of the year. There was enough property left on the right-a-way in order to make a path in the future.

President Scott Decker opens the public hearing at 5:18. Hearing no comment the public hearing was closed at 5:19 p.m. and the following motion was made.
MOTION BY: Carson Steiner
SECONDED BY: Nicole Wolla
Adopt Resolution 22-2019.

RESOLUTION NO: 22-2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED MUSEUM DRIVE ADDITION, STARK COUNTY, NORTH DAKOTA.
DISPOSITION: Roll call vote. Aye 5, Nay 0, Absent 0
Motion declared duly passed
B. Annexation - Country Oaks Addition
City Administrator Joe Gaa presents a proposal for Annexation into the City of Dickinson for all of Lot 1, Block 2 of Country Oaks Estates Addition, 3.09 acres requested to be annexed into the City, located in the SE ¼ of Section 28, the parcel described in Document #3073749 in the NE 1/4 , and a portion of the un-platted remainder of the NE ¼, all in Section 28, Township 140 North, Range 96 West, 5th PM, City of Dickinson, & Stark County, North Dakota. Staff and the Planning Commission would both recommend approval.
MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
Adopt Resolution 19-2019.

RESOLUTION NO. 19-2019
A RESOLUTION EXTENDING THE BOUNDARIES OF THE CITY OF DICKINSON, NORTH DAKOTA, AND ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE BOUNDARIES OF THE PRESENT CITY LIMITS

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

8. BUILDING
A. Reports:
1. None

9. TIMETABLE AGENDA
5:00 p.m.
Public Hearing - Rezone - Evangelical Bible Church Subdivision
City Administrator Joe Gaa presents a Rezone, a Zone Change from AG to R-2 for the final platted lots of the Evangelical Bible Church Subdivision, Lot 1 Block 1, located in the NE ¼, of Section 28, Township 140 North, Range 96 West, 5th PM, City of Dickinson, & Stark County, North Dakota. The site is +/- 8.03 acers. The Planning Commission conducted a public hearing on this item during the June 19, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval of Ordinance.

President Scott Decker opens the public hearing at 5:06 p.m.

Steve Rude represents the applicants and states there was some strange land activities and now they have the opportunity to clean up and pick up 3.9 acres and attach the property to the current property owners. He states there are no plans for the additional property at this time.

President Scott Decker closes the public hearing at 5:18 p.m. and the following motion is made.

MOTION BY: Jason Fridrich
SECONDED BY: Carson Steiner
To approve first reading of Ordinance No. 1678.

ORDINANCE NO.1678
AN ORDINANCE AMENDING THE
DISTRICT ZONING MAP FOR RE ZONING 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

Final Plat - Evangelical Bible Church Subdivision
City Administrator Joe Gaa presents a Final Plat for the Evangelical Bible Church Subdivision, Lot 1 Block 1, located in the NE ¼, of Section 28, Township 140 North, Range 96 West, 5th PM, City of Dickinson, & Stark County, North Dakota. The site is +/- 8.03 acers. The Planning Commission conducted a public hearing on this item during the June 19, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval.
MOTION BY: Sarah Trustem
SECONDED BY: Nicole Wolla
Adopt Resolution 20-2019.

RESOLUTION NO: 20-2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED EVANGELICAL BIBLE CHURCH SUBDIVISION, STARK COUNTY, NORTH DAKOTA.

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

5:10 p.m.
Public Hearing - Special Use Permit - Compassionate Care Center Dispensary - 318 24th Street East
City Administrator Joe Gaa presents a Special Use Permit for the operation of a Compassionate Care Center Dispensary to be located within a proposed new structure at 320 24th Street East, in the Kilwein 3rd Subdivision on Lot 38, Block 1, on approximately 1.59 acres in the General Commercial Zone within the City of Dickinson, Stark County, North Dakota. Staff and the Planning Commission would both recommend approval of Resolution. City Administrator Gaa states there was support from the neighbors and feels it is an appropriate use for this area. This is a new construction area.
President Scott Decker opens the public hearing at 5:12 p.m. Hearing no comment the public hearing was closed at 5:13 p.m. and the following motion was made.
MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
Adopt Resolution 21-2019.

RESOLUTION NO: 21-2019
A RESOLUTION APPROVING A
SPECIAL USE PERMIT FOR A
COMPASSIONATE CARE CENTER
DISPENSARY

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

5:15p.m.
Friendship Park Presentation
Dickinson Area Community Foundation Jordan Selinger represents the Friendship Park and he is here this evening to get the City's support for the park. Mr. Selinger states the Friendship Park is for all children but can accommodate handicapped children. The project would need to be done in phases and the cost for Phase I which would include the park, parking lot and road would be $990,000. They have already raised $200,000 in ND Community Foundation and $200,000 dedicated from Parks and Rec plus they will donate the land. Mr. Selinger is asking the city for $250,000. Mr. Selinger states this would improve the quality of life for the City of Dickinson and be a great asset for the community.

Sarah Carlson states this park would be created by families and the committee that was formed is made of experts. The committee members are champions with disabilities. Ms. Carlson does work at Able and holds a leadership position there. She works with supporting people with disabilities. The main reason she is so supportive of this park is because she has a six year old with severe disabilities. She also comes from a family where her sister had severe disabilities and had to be institutionalized as a child. She states she wishes her son could walk, talk and see and she would like for him to do the same activities as children who are able to see, talk and walk. She states they need the money to support the park. Ms. Carlson states 100% of the children in this community would benefit from the playground.

President Scott Decker thanks Ms. Carlson for the passionate story. This park would be another piece of the puzzle for the quality of life in Dickinson.

Commissioner Sarah Trustem thanks Mr. Selinger and Ms. Carlson for being at the City Commission Meeting. She thanks Ms. Carlson for being a leader in the community and can see her passion, drive and the determination to see the project get off the ground. She would like to facility dollar for dollar match which would be a little more community member participation.

Ms. Sarah Carlson states Parks and Rec have land which is 7 acres just north of Gum Avenue. She states the total project would cost $1.2 million dollars. This would include bathrooms, park and shelters. She is hoping to get some in-kind donations for engineering and construction.

President Scott Decker would like for the City to become the title sponsor.

Commissioner Carson Steiner states the City has the money in the 1cent sales tax for this project. He also challenges Stark County and Parks and Rec to contribute to this wonderful project. Commissioner Steiner strongly suggest that they approach Stark County.

Commissioner Sarah Trustem states the City has the tools to get up to $250,000 from the City.

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

11.COMMISSION
None

ADJOURNMENT
MOTION BY: Jason Fridrich
SECONDED BY: Sarah Trustem
Adjournment of the meeting at approximately 6:45 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
(Published: July 13, 2019)
Date: July 16, 2019