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REGULAR MEETING DICKINSON CITY COMMISSION October 2, 2019 I.

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

1.ORDER OF BUSINESS
MOTION BY: Jason Fridrich
SECONDED BY: Sarah Trustem
To approve the September 17, 2019 Order of Business as presented with the addition of Review Expanded FDIC Insurance report under Administration #3.

DISPOSITION: Motion carried unanimously.

2.CONSENT AGENDA
MOTION BY: Carson Steiner
SECONDED BY: Nikki Wolla
A. Approval of meeting minutes dated September 7, 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. Manufacturing Day in Dickinson Proclamation
HR Coordinator for Baker Boy Sue Roller states Manufacturing Day in Dickinson proclamation does represent various manufacturing companies in Dickinson. This proclamation would support area manufacturers. Ms. Roller states there are 10 manufacturing places in Dickinson that are at the global stage and employee 1300 total employees and are growing. These manufacturers create cabinets, air separators, refined petroleum, and magic ring donuts. Ms. Roller states 500 area high school students visit Baker Boy each year to lean about manufacturing, IT, accounting and other departments.

MOTION BY: Sarah Trustem
SECONDED BY: Jason Fridrich
To approve Manufacturing Day in Dickinson Proclamation

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

B. 2020 Tax Levy Ordinance
Deputy City Administrator presents this ordinance as the second reading of the upcoming 2020 annual appropriations and tax levy. Included in the appropriations is all General Fund Departments, contingency, transfers out, retirements and OPEB health insurance. The total GF expenses balances with an amount of $20,353,427. This is an increase of $1,161,766 or 5.71% over 2019. Ms. Carlson states the City's tax levy for the City is $5,724,000 which includes Library and Airport at 4 mills each with an estimated tax of $476,000. With the taxable valuation decrease for 2020, the City mills increased from 45.97 in 2019 to 48.12 for 2020, but the total dollar amount stayed the same. Staff is recommending approval of second reading as there were no changes from the first reading.
President Scott Decker asks for public comment. Hearing none the following motion is made.
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem
To approve second reading and final passage of Ordinance No. 1685.

ORDINANCE NO. 1685
ANNUAL APPROPRIATION
AND TAX LEVY
AN ORDINANCE ENTITLED "THE 2020 ANNUAL APPROPRIATION AND TAX LEVY" APPROPRIATING THE SUM OF MONEY NECESSARY TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF DICKINSON, NORTH DAKOTA, AND MAKING THE ANNUAL TAX LEVY FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2020 AND ENDING DECEMBER 31, 2020, INCLUSIVE.

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

C. Reports:
1. Tobacco Compliance Check
City Administrator Joe Gaa states Tobacco Compliance Checks were done and four letters were presented for merchants who sold to minors in a recent tobacco compliance check. Mr. Gaa states they are all first offenses, a fine of $150 and a suspension of at least one day is required. The following merchants will be fined $150 and will not be able to sale tobacco products on Friday October 18, 2019. The list is Tesoro Lucky's Express- 450 12th St W; Cenex General- 325 15th St W; Vapes- 927 W. Villard; and Super Pumper- 1554 W. Villard.
Commissioner Sarah Trustem states she thinks this is interesting to note that if workers are asking for the ID's and are not reading birthdates correctly or not paying attention to their birthdates. Commissioner Trustem states business owners are truly one that suffers.
Commissioner Carson Steiner states having the software installed would be cheaper in the long run for the business owner.

2. Thank you notes
Provided for informational purposes only.

3. Expanded FDIC Insurance Account
Deputy City Administrator Linda Carlson presents an Expanded FDIC Insurance Account agreement with American Bank Center. This agreement would expand the federal coverage insurance. This would allow the City of Dickinson to have multiple accounts with insurance protection. It is a sweep deposit agreement with the City and the bank. Ms. Carlson states each bank account would be covered to $250,000. These funds are still liquor and the City can use the money at any given time. There is no cost to the City.

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

B. Police Department
Reports:
1. None

5.ENGINEERING
A. Drinking Water SRF Application
City Engineer Craig Kubas states during the Commission's year's budget meetings it was recommended that the City pursue a North Dakota drinking water SRF loan for a portion of the S. State Ave. watermain project. Engineer Kubas states the City originally applied for, and received, a State Water Commission grant back in 2015 for the project. As development slowed on the south side of town the project development slowed as well. The state water commission grant that will cover 65% of the construction cost. The drinking water SRF loan can fund the remaining 35% of construction along with design engineering and right of way costs. Mr. Kubas states the enclosed project questionnaire would be the first step in pursuing this loan. The current rate for SRF loans are 2.0% interest with up to 30 year terms. City staff recommends submitting the project questionnaire to the NDDEQ.

KLJ Representative Carl Jackson states this project would include the State Avenue water main which is a 12" watermain, running from 2nd Street to 8th Street, constructed on the east side of the road, out of the road section, not minimizing traffic. Mr. Jackson states there will be boring underneath Heart River. The design was complete in 2018 and right now we are in negotiation for right of way. The intent is to bid it this winter and start construction in 2020 the line will tie in and give more capacity for future growth.

MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich

To approve the submittal of a project questionnaire for the South State Avenue water main project to the NDDEQ.

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

B. Concrete stabilization Technologies Agreement for Concrete Repair
City Engineer Craig Kubas states as part of the 2019 street budget the City is proposing to engage the services of CST technologies. This agreement for $65,000. This would allow CST to come into Dickinson and lift settled pavements with a proprietary foam injection. Mr. Kubas states staff has identified several areas to have CST work on. Inject foam under concrete pavement - areas such as west ridge drive. This would be a Pilot project - we have identified several areas to try their products and see how it performs. Engineer Kubas states that some of those areas include the south bridge approach slab on State Avenue near the Heart River, settled gate valves on 11th St., and south near MDU. Also a settled sewer trench on fourth Avenue east north of Roughrider Electric. City Engineer Kubas states staff viewed a presentation given by CST and would recommend engaging them to perform this work in 2020. If results are successful future settled pavements could be repaired with this technique. Staff recommends approval. Mr. Kubas states this improvement should last the life of pavement. Initially it is going to work perfectly and raise the concrete up and the first indication will be next spring and see how the product will hold up over winter. Mr. Kubas feels this is a cost-effective way to do it.

MOTION BY: Sarah Trustem
SECONDED BY: Nikki Wolla
To approve the Dickinson City Commission approve the agreement with CST for pavement lifting and stabilization in the amount of $65,000.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed

C. 2020 Mill and Overlay
City Engineer Craig Kubas presents the 2020 mill and overlay. He states on September 25 the City of Dickinson received five proposals to provide engineering services for the 2020 mill and overlay project. A selection committee met to review those proposals. All five proposals met the requirements of the RFP. The selection committee recommends awarding the design contract to KLJ engineers. The selection committee noted a cost conscious approach, innovative design techniques, and a new management approach in their recommendation. The Committee consisted of PWD Gary Zuroff, Assistant City Engineer Loretta Marshik, Commissioner Jason Fridrich, Commissioner Sarah Trustem and Engineer Kubas. All five proposals were very good and it was a difficult decision. Engineer Kubas states all firms were notified of the committee's recommendation, noting that final approval would come from the Commission at the October 2nd meeting. Scope and fee negotiations will commence once the formal award has been made. If negotiations are unsuccessful the commission reserves the right to negotiate with the next ranked firm.

MOTION BY: Sarah Trustem
SECONDED BY: Jason Fridrich
To approve the award to KLJ for the 2020 mill and overlay project.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed

Commissioner Sarah Trustem states many years ago we had one contractor and now we have a great group of contractors and make it competitive. She states the City received five great proposals.

6.PUBLIC WORKS
A. Versalift VSt-471 Bucket Truck
Public Works Director Gary Zuroff states the current Bucket Truck is a 1985 model which was purchased used and was damaged last year and is need of replacing. Both Fleet and Street have solicited quotes from suppliers and we have received prices from Altec and Versalift who can meet the required specifications. Staff recommends purchasing from Versalift under the Sourcewell Contract for a total price of $132,162.00 F.O.B. Dickinson ND. The truck was not originally budgeted for 2019 but per commission approval is being purchased in place of the Snow Blower that is now budgeted in the 2020. Versalift does have their unit available and total price is as above. This truck was not originally approved and will be in place of our snow blower and the snow blower will be moved to 2020 budget.
MOTION BY: Carson Steiner
SECONDED BY: Nikki Wolla
To approve the purchase Versalift VST-471 Bucket Truck.

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

7. PLANNING
A. Final Plat - West Ridge 3rd Subdivision
Planning Director Walter Hadley presents a West Ridge 3rd Subdivision final plat to be considered. This is a replat of the Westridge 2nd Addition to the City of Dickinson. The Planning Commission conducted a public hearing on this item during the September 18, 2019 regular meeting and no opposition was heard. Staff and the Planning Commission would both recommend approval of resolution as presented. Planning Director Hadley states the Development agreement will be on the next commission meeting and will outline the conditions.
MOTION BY: Carson Steiner
SECONDED BY: Sarah Trustem

RESOLUTION NO. 30 - 2019
A RESOLUTION APPROVING FINAL PLAT ENTITLED WEST RIDGE 3rd ADDITION, STARK COUNTY, NORTH DAKOTA.

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

8. BUILDING
A. Reports:
1. Year-to-Date Report
Building Official Leonard Schwindt updates the Commissioner's on building development this past year stating this has been a good year as the numbers will show. Structures show single family 59; total last year 56. Building Official Schwindt states with the increase in structures the value also go up. Alterations have picked up a bit but commercial is down. Misc. permits are definitely up. A lot of people coming in as a lot of people staying in their homes and improving. We have a lot of people leaving and the people that are staying here are staying in their existing structures and improving them. Collection of fees for permits is significantly up. Building Official Leonard Schwindt updates the Commissioners on the process of obtaining a building permit. Building Official Leonard Schwindt discusses the nuisance houses which generally the City gets a complaint about. The City first acknowledges the problem, conducts the inspections, takes notes and normally is allowed inside the property to do an inspection. Then notices are sent out and generally the property owner comply. If the property owner does not comply then normally legal action is taken.

9. TIMETABLE AGENDA
5:00 p.m. - Public Hearings
1. Renaissance Zone - Charbonneau Car Center
County Planner Steven Josephson states Charbonneau Car Center has applied for the Renaissance Zone with the City of Dickinson. Planner Josephson states the address for this is 431 West Villard Street. Planner Josephson states Charbonneau will be moving the service center and quick lube over to the new place. He states they are proposing to remodel that building and expand it to that area. This meets state requirements for the Renaissance Zone project. The cost will be between $500 to 600,000 dollars to renovate. Planning and Zoning Commission along with staff recommend approval. This is the fourth project the City has had this year since the expansion of the Renaissance Zone along West Villard.
President Scott Decker opens the public hearing at 5:03 pm. Hearing no comments the public hearing is closed at 5:04 p.m. and the following motion is made.
MOTION BY: Carson Steiner
SECONDED BY: Jason Fridrich
To approve the Charbonneau Car Center Renaissance Zone Project.

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

Commissioner Jason Fridrich states he likes to see the Renaissance program being used and to see the updates on the buildings.

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

11. COMMISSION
1. Real Estate Contract Negotiations - Executive Session under NDCC44-04-19.1 and 44-04-19.2.
MOTION BY: Jason Fridrich
SECONDED BY: Sarah Trustem
To approve an Executive Session for attorney consultation pursuant to NDCC § 44-04-19.1 and 44-04-19.2.

President Scott Decker states the City Commissioners have instructed staff to proceed with negotiations for the real estate sale.

ADJOURNMENT
MOTION BY: Sarah Trustem
SECONDED BY: Nikki Wolla
Adjournment of the meeting at approximately 5:25 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:
Joe Gaa, City Administrator
Scott Decker, President
Board of City Commissioners
Date: October 15, 2019
(Published: October 12, 2019)