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REGULAR MEETING DICKINSON CITY COMMISSION JULY 7, 2020 I.

REGULAR MEETING
DICKINSON CITY COMMISSION
JULY 7, 2020
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 Nikki Wolla, Suzi Sobolik and John Odermann.
Telephone: None
Absent: None
1. ORDER OF BUSINESS
MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik
To approve the July 7, 2020 Order of Business as presented.
DISPOSITION: Motion carried unanimously.
2. CONSENT AGENDA
MOTION BY: Nikki Wolla SECONDED BY: Jason Fridrich
A. Approval of meeting minutes dated June 16, 2020 Work Session and Commission meeting along with the Board of Equalization Meeting Minutes of May 19, 2020
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. Odyssey Theaters
Deputy City Administrator Linda Carlson recaps the motion the City Commissioners made in regards to repurchasing the Odyssey Theater parking lot. She states City Commissioner Trustem made a motion on June 2nd was rescinded on June 16th to bring the discussion of the property of the parking lot back to the new commission board. Ms. Carlson states Odyssey is offering the conditions they would like the commission to consider. The commission will need to decide based on the following options:
1. Exercise the buy-back option and re-purchase the property for $90,000. The lot could be returned to parking and if the Commission desires, further discussion related to the sale of this site for development could be held in the future.
2. Work with the proposed response from Odyssey on extending the buy-back option into 2021, paying for the building permit, schedule and sign contracts with MDU and telecommunication utilities, and re-open the parking lot until construction of the project.
Commissioner John Odermann questions what happened along the way in building the theaters. He recaps the discussions that the Commissioners had in 2018 and 2019.
Bryan Sieve from Odyssey Theaters states this has been an extremely difficult development project. He states there has been a lot of drama as this property has a significant amount of utilities underground. Mr. Sieve states it took 8 months to deal with the Post Office. He states along with the bidding process as the bid prices were high in 2019 a more affordable design was created.
Commissioner John Odermann questions why the project was shut down in the winter.
Tracy Tooz of Tooz Construction states should the mason work get into the ground prior to winter then Tooz Construction would continue with the schedule during the winter time.
Steve Tripp of Odyssey Theaters states they are not willing to spend a lot of money on winter conditions. He states their budget does not allow for construction during winter conditions.
President Scott Decker reiterates the options the Commissioners such as repurchase or extend the construction period.
City Attorney Christina Wenko states this is a unique situation for the City as they are the governing body and a participating party. She states whatever the decision is this evening this should be docdutemend in writing with both parties acknowledging the parameters so there are no questions in the future. She states if the City is looking at extending the contract then the TRR should be extended of the City would have a foot in the door in order to enforce building with moving forward.
Deputy City Administrator Linda Carlson states if the Commission goes forward with Odyssey conditions then the City needs to put their response where an option to repurchase if this does not go forward.
Commissioner John Odermann states the city does not have the strength to enforce the existing TRR as the City has already let it lapse.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve an extension with Odyssey Theaters and they are to pay for their permits no later than July 10, 2020 and once the permits are paid for the TRR would be extended to July 10, 2021 with no further extensions and commencing on construction of footings and foundations of the project. Once the construction starts the TRR would be released.
Commissioner Fridrich states Odyssey can have 180 day extensions.
DISPOSITION: Roll call vote…Aye 2, Nay 3 (Sobolik, Odermann, Decker)
Absent 0 Motion denied
MOTION BY: John Odermann SECONDED BY: Suzi Sobolik
To approve the right to repurchase to be initiated and executed.
DISPOSITION: Roll call vote…Aye 3, Nay 2 (Fridrich, Wolla), Absent 0 Motion declared duly passed
Attorney Christina Wenko will be sending a certified letter acknowledging request of Commission.
B. Chapter 29 Ordinance Amendments
1. Drug and Alcohol
HR Coordinator Shelly Nameniuk presents an ordinance that is related to the drug and alcohol policy. She states this change is due to new regulations from the FMCSA.
HR Coordinator Shelly Nameniuk states these three policy changes have been presented to and approved by Civil Service Commission.
MOTION BY: John Odermann SECONDED BY: Suzi Sobolik
To approve first reading of Ordinance No. 1696
ORDINANCE NO. 1696
AN ORDINANCE AMENDING AND RE-ENACTING SECTION TWENTY-NINE (29) OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING THE CITY'S DRUG AND ALCOHOL POLICY
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
2. On-Call Pay for Employees
HR Coordinator Shelly Nameniuk presents an ordinance amending the code relating to on-call pay for employees. Ms. Nameniuk states this relates to employees who are on call and are able to resolve the issue remotely and providing overtime pay for those hours spent resolving the issues remotely. She states these calls are normally related to alarm calls, etc.
Public Works Director Gary Zuroff states the employees can run the plant remotely on SCADA. He states there are pump stations, lower water levels and other alarms that notify employees and can normally be fixed by their computer. This is mostly based on the SCADA system and time sheets will be compared to the calls received on the SCADA.
MOTION BY: Suzi Sobolik SECONDED BY: Jason Fridrich
To approve first reading of Ordinance No. 1697
ORDINANCE NO. 1697
AN ORDINANCE AMENDING AND RE-ENACTING SECTION 29.08.04070 OF ARTICLE 29 OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO THE ON-CALL PAY FOR EMPLOYEES
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
3. Human Resources Grievance Procedure
HR Coordinator Shelly Nameniuk presents an ordinance amending the code in relation to Human Resources Grievance Procedures. She states since the City Administrator is the final decision maker on grievances, there currently is no protocol if the grievance is against the City Administrator. This will add clarification to this policy.
MOTION BY: Nikki Wolla SECONDED BY: Suzi Sobolik
To approve first reading of Ordinance No. 1698
ORDINANCE NO. 1698
AN ORDINANCE AMENDING AND RE-ENACTING SECTION TWENTY-NINE (29) OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO HUMAN RESOURCES GRIEVANCE PROCEDURES
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
C. City Administrator Brochure
HR Coordinator Shelly Nameniuk presents the City Administrator brochure that will be used to advertise for the new City Administrator for Dickinson, ND. Ms. Nameniuk is looking for guidance on the brochure.
Commissioner Suzi Sobolik suggests to remove the paragraph where it states Dickinson is looking for someone as a destination and not a stepping stone. She does feel this may limit the number of candidates that will apply with this statement.
HR Coordinator Shelly Nameniuk states this statement can be removed.
MOTION BY: Suzi Sobolik SECONDED BY: Jason Fridrich
To approve the City Administrator Brochure as presented with removing the statement about making Dickinson a destination instead of a stepping stone.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
D. Chamber of Commerce
Executive Director Christina Jorgenson presents a proposal to the City of Dickinson. The Chamber of Commerce is asking for $10,000 from the City of Dickinson for the events over the next 12 months. She states due to Covid the Chamber of Commerce is seeing a shortfall in the funding for events. Ms. Jorgenson is also willing to visit with the City of Dickinson staff and/or Commissioners to visit about the dollars and how they would be utilized and what the City will be getting for their investment.
Deputy City Administrator Linda Carlson states this funding will come from sales tax.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve $10,000 to the Chamber of Commerce.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
E. Veteran's Chapel - Memorandum of Understanding
Museum Director Bob Fuhrman presents a memorandum between the City of Dickinson and VFW Post 3444. This MOU is to ensure that the Veteran's Chapel building at Prairie Outpost Park at the Dickinson Museum Center campus is maintained and made available for veterans activities and general informational tours as specified. Museum Director Fuhrman states the VFW Post 3444 will be responsible for the maintenance and upkeep of the building. VFW will also be responsible for the utilities and mechanical system. The City will maintain the grounds. Museum Director Fuhrman states VFW Post 3444 shall maintain commercial general liability insurance in relation to the Post's activities at the Chapel as specified.
MOTION BY: Suzie Sobolik SECONDED BY: Nikki Wolla
To approve the Veterans Chapel MOU.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
F. Library Entrance Improvements
Library Director Rita Ennen presents a contract with Winn Construction for concrete work at the library. Director Ennen states the stamped and colored concrete would replace the bricks in the sidewalks outside both entrances. Ms. Ennen states many of the bricks are breaking apart and in the winter they become especially icy. The City has had a serious injury to a citizen who slipped on the bricks. She states this project will be paid from the library's building reserves fund.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve bid from Winn Construction for the library entrance improvements.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
G. Reports:
1. Thank you notes - Best Friends Mentoring Program and Dodge Senior Citizens
Provided for informational purposes only.
4. PUBLIC SAFETY
A. Fire Department
1. Reports
Introduction of new Fire Chief
Assistant Fire Chief Deb Barros presents the new Fire Chief Jeremy Presnell. She states Chief Presnell was born in Idaho and has two amazing sons. Chief Presnell was in the Air Force and has been a Fire Chief, Deputy Fire Chief and other positions. He is working on his doctorate degree. Assistant Fire Chief Deb Barros along with City staff welcome Chief Presnell.
Fire Chief Jeremy Presnell states the City has an amazing team and an amazing community and they are very welcoming and he is looking forward to working with the Commissioners.
B. Police Department
1. Reports:
None
5. ENGINEERING
A. Task Order with Apex for FEMA Risk Mapping
Assistant City Engineer Loretta Marshik presents a task order for Floodplain Mapping and LOMR Services. Assistant City Engineer Marshik states currently updated Flood Insurance Rate Maps are being worked on by the North Dakota State Water Commission and FEMA for Stark County. These new maps show an increased number of properties located in the floodplain, which will result in many residents being required to purchase flood insurance. She states engineering staff is asking to engage Apex's assistance in order to develop a more comprehensive model of two tributaries within the City of Dickinson. These models would include existing detention structures and culvert embankment structures that provide stormwater storage, which were not included in the model work performed with the SWC and FEMA's project. Our goal is to reduce the number of new properties included in the proposed floodplain maps. Engineer Marshik states this Task Order is an Hourly which will not to exceed an amount of $88,200.
MOTION BY: John Odermann SECONDED BY: Suzi Sobolik
To approve Task Order 12 with Apex Engineering for Floodplain Mapping and LOMR Services.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
6. PUBLIC WORKS
A. Task Order Reuse Pipeline Construction Administration
Public Works Director Gary Zuroff presents an Apex Task Order No. 13 is for the Reuse Pipeline Construction Engineering Services. This task also includes the Clean Water State Revolving Loan Fund application and documentation. City staff recommends approval.
MOTION BY: Nikki Wolla SECONDED BY: John Odermann
To approve Task Order for Reuse Pipeline Construction Administration.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
B. Reports:
1. 2019 Annual Report
Public Works Director Gary Zuroff presents the Public Works 2019 Annual Report. Director Zuroff states Public Works have combined their report with all departments this past year. He visited about OPT works as they had 1493 service requests in 2019 with the highest general request or complaint for solid waste. They had 4, 110 work orders and preventative maintenance activities in 2019. He states Enterprise Funds are the major funding and that is water and secondly is solid waste, water and wastewater is the largest enterprise fund contributor. Public Works Director Zuroff visits about Building and Grounds which are 35 acres of cemeteries to maintain. Building and Grounds spends half their seasons mowing grass. The vector control includes a 5 mile radius of the City. Building and Grounds also maintenance 45 miles of city sidewalks and right-a-ways with removal of snow. The Fleet Division shows 1,017 work orders which is an increase since 2018. The repair costs for 2019 were less than the previous years at $239,000. He states fuel was mostly used by the Police Department and diesel was used mostly by solid waste. He states this spring they were able to get fuel for under $2 one time. The number of gallons of oil used was 1,362 gallons. Director Zuroff visits about urban forestry as they have planted 75 trees and 215 shrubs. Also discussed in streets the usage of sand, salt and brine. The City has completed the installation of AVL this past year.
Solid Waste Manager Aaron Praus discusses Solid Waste as there was 41,780.50 tons of solid waste in 2019, along with 2,734.58 tons of inert waste along with several others. City residential and commercial tonnages of household materials were 19,204.27 which is 46% hauled to the Dickinson landfill. Non-City and rural hauler residential and commercial tonnages were 22,576.23 or 54%. Manager Praus state there were 946 tons of recycling which is about 78 tons per month and that is what is being shipped from Dickinson. Mr. Praus discusses Fleet Mind software which was installed in 2019. This program monitors the collection of truck movements. It detects can pickups, speed of truck, stopping and starting as it has cameras onboard which allows drives to take pictures of cans still at the house or improper set out or violations. Manager Praus discusses the App which is Dickinson Works as this is free reminder to residents for trash and recycling days. According to the software Dickinson has surpassed the expected 3 year growth in less than 2 years. ReCollect uses Dickinson as an example of how to promote the app to other communities.
Commissioner John Odermann states he loves the AP for Dickinson Works and states Mr. Praus and Public Works are doing a great job.
Utility Manager Greg Stack states Dickinson water utilities is driven by regulations. Manager Stack states there were 780,388,630 gallons of water sold in 2019 as compared to 825,000 gallons in 2018. The water vendor on Broadway alone sold 1,100,000 gallons of water. He discusses the Leak Detection Services used to repair water breaks. The City is continuing an upward trend to water meter installations. He states there are 20 miles of forcemain with 20 air releases, 136 miles of sewer line, 21 lift stations with 49 pumps and 2,572 sewer manholes. He feels water breaks are mostly synonymous of very cold weather. He states in 2020 there have been 12 water breaks. There have been 12 water breaks so far in 2020. Manager Stack discusses waste water collections, lift station and overall water utilities regulations. Utility Manager Greg Stack discusses Lift Station #1 is a very critical lift station to the City as it collects a large area of the City. He states 800 million gallons of water was treated through the water treatment plant. Reuse water value $124,000 for 2019 but most of this was driven by fracking water. Outlook for water reclamation facility in 2020 and in 2021 the refinery they are retooling for renewable disease and that is going out on the west coast. Soy bean oil will be used for this facility. Treatment process rebuild refinery and is going to require more reuse water - over double and also sewage side is really going to increase, this will increase of over double. We have a base fee that will be increasing as well. They will be increasing the amount of flow up to 25%.
7. PLANNING
A. Final Plat - West Villard 3rd - 114th Avenue SW
County Planner Steven Josephson presents a final plat for West Villard 3rd and 114th Avenue SW.
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
Adopt Resolution 28-2020.
RESOLUTION NO. 28-2020
A RESOLUTION APPROVING FINAL PLAT ENTITLED WEST VILLARD 3RD SUBDIVISION STARK COUNTY, NORTH DAKOTA.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
8. BUILDING
1. Reports:
None
9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA - 5:00 P.M.
A. Re-establish Weed Board Ordinance
City Attorney Christina Wenko presents an Ordinance which will reenact and reestablish the City Weed Board so the City can reassume the responsibilities for noxious weed control within city limits. She states this would be the responsibility of the City's Code Enforcement Officers to regular the weed control. This is the second reading and there have been no changes since the first reading.
Public Works Director Gary Zuroff states the City has taken back the weed spraying for City property. This now would allow for the City to have control of obnoxious weeds in the City and its jurisdiction.
President Scott Decker opens the public hearing at 5:05 p.m. Hearing no public comment the public hearing was closed at 5:06 p.m. and the following motion was made.
MOTION BY: Suzi Sobolik SECONDED BY: Nikki Wolla
To approve second reading and final passage of Ordinance No. 1695
ORDINANCE NO. 1695
AN ORDINANCE AMENDING AND RE-ENACTING ARTICLE 20.08 RELATING TO NOXIOUS WEEDS
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0 Motion declared duly passed
B. Public Comments not on Agenda
Kristi Schwartz whom is a downtown property owner states the city should be looking at infill in the City of Dickinson's downtown for economic development and not approving the theater an extension of building in downtown Dickinson gives a message to others that the City and State is not open for business. She states there are all kinds of ways to solve parking issues. She states having a theater in this area would bring in high property tax revenue, parking lots do not bring in revenue. She states the theater would have taken up 65 parking spots only. She states the City is looking to revitalize Dickinson and projects like the theater would ignite the downtown. The theater would have created an anchor in the downtown creating more retain, restaurants, and revenue. This would have helped to create a more lucrative commercial rental and increase the sales and hospitality taxes and property tax bases overall. Ms. Schwartz states a successful downtown has several shops within a walkable 3 city block. Ms. Schwartz states V3 had did a study and had created an infill for Dickinson downtown. Ms. Schwartz states the City to continue down this road leaving the parking lots unavailable to development and eventually the City won't need to worry about parking a there will be no reason to visit in downtown Dickinson. She hopes that the City will consider this in the future.
10. COMMISSION
None
ADJOURNMENT
MOTION BY: Suzi Sobolik SECONDED BY: John Odermann
Adjournment of the meeting at approximately 6:25 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:
Linda Carlson, Deputy City Administrator
Scott Decker, President
Board of City Commissioners
Date: July 21, 2020
(July 15, 2020) 2848836