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REGULAR MEETING DICKINSON CITY COMMISSIONApril 21, 2021 I.

REGULAR MEETING DICKINSON CITY COMMISSIONApril 21, 2021
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, John Odermann and Suzi Sobolik
Video:None
Absent:None
1.ORDER OF BUSINESS
MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik
To approve the April 21, 2021 Order of Business as presented.
DISPOSITION: Motion carried unanimously.
2.CONSENT AGENDA
MOTION BY: Suzi Sobolik SECONDED BY: John Odermann
A.Approval of meeting minutes dated April 6, 2021.
B.Approval of Accounts Payable, Commerce Bank & Checkbook.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
3. ADMINISTRATION/FINANCE
A. Site Authorization for Dunn County Fair Association
City Administrator Brian Winningham presents the Site Authorization for the Dunn County Fair Association. This would allow Dunn County Fair Association to install gaming into Phat Fish of Dickinson.
President Scott Decker states that he is concerned that Phat Fish does not have a local charity and the money is going out of the City.
Tracy Tooz who represents Phat Fish states they were approached by a couple of charities but the local charities wanted Phat Fish to pay the charities to allow them to put the gaming onto their site. Dunn County Fair Association does not charge Phat Fish to place their gaming in the restaurant. Mr. Tooz states Dunn County Fair Association pays Phat Fish for allowing them to place their gaming in the restaurant.
MOTION BY: John Odermann SECONDED BY: Nikki Wolla
To approve the Site Authorization for Dunn County Fair Association.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
B. Mental Health American Proclamation
President Scott Decker presents a Mental Health Proclamation. He reads the proclamation as it was approved by the following.
MOTION BY:Nikki Wolla SECONDED BY: Jason Fridrich
To approve the Mental Health American Proclamation.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
C. Historic Preservation Commission
Museum Director Bob Fuhrman presents three nominees to serve on the Historic Preservation Commission. Their names are Steve Doherty, Chris Augustin and Shawn Leiss. Director Fuhrman states the above named have qualifications in several of those fields and have been preliminary approved by the ND State Historic Preservation Office to serve on the Commission. Director Fuhrman does update the Commission on their resumes and recommends approval of the three candidates.
MOTION BY: Suzi Sobolik SECONDED BY: Nikki Wolla
To approve Steve Doherty, Chris Augustin and Shawn Leiss to the Historic Preservation Commission.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
D. Monthly Financial Report
Accountant Robbie Morey highlighted the March, 2021 Financial Report.
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
To accept the March, 2021 Financial Report as presented.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
E. 2020 Audit Engagement Letter
Deputy City Administrator Linda Carlson present the 2020 Audit Engagement Letter with Widmer Roel PC. Ms. Carlson states this would allow them to perform the audit for year end 2020 for the estimated fee of $38,000 to $41,000. The City had budgeted $48,000 for the audit. This audit would start at the end of April, 2021.
MOTION BY: Nikki Wolla SECONDED BY: Suzi Sobolik
To approve the engagement letter with Widmer Roel, PC for the year end 2020 audit financial statement.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
F. Refinancing Letter of Intent - 2013 Revenue Bonds
Deputy City Administrator Linda Carlson presents a letter of intent is to allow engagement with Colliers Securities LLC (Colliers) as the underwriter for the Sales Tax Revenue Refunding Bonds of 2021 that the City currently anticipates issuing. She states Colliers would work in conjunction with our Bond Council, Mr. Scott Wegner in refunding our current 2013 series bonds to series 2021 bonds. This intention would be to refinance the revenue bonds from the current interest cost rate of 3.965% to 1.304%. The maturity date of October 2025 would stay the same. This refinancing would reduce our annual payment out of the one-half sales and use tax.
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
To approve the refinancing letter of intent with Colliers Securities LLC.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
G. U.S. Fiscal Year 2022 Community Funding
City Administrator Brian Winningham reviews the community based project that the Federal Government Project potential funding source for fiscal budget year 2022. Administrator Winningham presents a resolution that would support the projects such as the City of Dickinson, City Hall, Town Square and other revitalizations such as lighting and security. Mr. Winningham has submitted draft documents to Representative Kelly Armstrong. Mr. Armstrong also needs letter from the Commissioners supporting the projects.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
Adopt Resolution 13-2021.
RESOLUTION NO. ___13-2021
A RESOLUTION IN SUPPORT OF THE 2022 COMMUNITY PROJECT FUNDING REQUEST FOR THE DICKINSON DOWNTOWN REVITALIZATION PROJECT - CITY HALL AND TOWN SQUARE
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
H. Town Square Update
City Administrator Brian Winningham updates the commission on the town square. He states there has been some progress in the selection of items and the reduction of items.
JLG Architects Zach Mathern updates the Commissioner on the summary of the recent progress for the downtown square. He states the City has engaged into the design phase of the project and is ready to move onto the construction part of the project. Mr. Mathern updates the Commission on the budget, estimated budget and he needs the approval to move forward into the construction phase. He states there is no change in the contract or phases. He likes to have the City periodically sign off of this particular phase. The goal of his project is to stay on track to put the project out for bids this fall. Mr. Mathern states they have made some adjustments to the estimate as they realized what the market was doing. He discusses the budget and market volatility. He recommends a higher contingency as there is an increase in the cost and material. He states the Downtown Task Force would like to have an ice rink, portable movie screen and other high priorities. The Task Force's goal would be to recommend all of their goals in the project. The DID and DDA are willing to work with the ice rink cost sharing. Mr. Mathern also states they would leave the triceratops and have a sandpit with a very large t-rex fossil inside the sand. The splash pad is also in the bid for the project.
Commissioner John Odermann discusses the hours of operation for the splash pad, integrated lighting in the splash paid and the use of it at only 6 months out of the year. He does not feel the splash pad would be used in the middle of the night therefore needing the lighting.
Mr. Zach Mathern states it is very important for the success of the downtown plaza to be used all year round. He states the lighting could be added on at a later date but not to wait too long to add it. The first two years the City needs to get the buy in from the Community. He states the City does not want to disappoint the public.
President Scott Decker hopes to get alternative funding otherwise some items may need to be put on hold.
Administrator Brian Winningham states to ensure to keep the priorities in the bidding but can add them at a later date. Such as the splash pad lighting, integrate music into the lights and that they could be used all year round.
JLG Mr. Nate Packer states no decisions or alternates will be made tonight. The document provided is a construction document phase that was provided this evening. The City would not need to make decisions on the alternates tonight. He states once the City signs a contractor then at that point the city will need to decide on what they want in the project. He states the project has incorporated at 15% contingency.
MOTION BY: John Odermann SECONDED BY: Suzi Sobolik
To approve the movement into the design development phase for the downtown square.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
I. Reports:
1. Job Descriptions
A. Deputy Fire Chief-Fire Marshal
Administrator Brian Winningham has presented a job description for Deputy Fire Chief - Fire Marshal. This is a reclassify of the Fire Marshal position to combine the Assistant Fire Chief and the Fire Marshal positions into one position. Combining the two positions will allow for possible reallocation of payroll dollars in other areas, tasks can be coordinated faster and decision can be made faster. This position will be placed in Class 20 in the new 2021 Pay Scale.
MOTION BY: John Odermann SECONDED BY: Nikki Wolla
To approve Deputy Fire Chief-Fire Marshal Job Description.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
B. Building Inspector III
City Administrator Brian Winningham has attached the job description for Building Inspector III as a report for the City Commission. This is a new position for the Buildings and Codes department and this position will function as the Building Official in their absence. The addition of this position will give a gradual progression for succession in the department with Building Inspector I, II, III and Building Official. This currently shows a Grade 16 and Administrator Winningham recommends a grade 17 and exempt position and not an hour rate position. City Administrator Winningham states this position comes 2 grades below Building Official and would be spending more than 40 hours for the City and will supervisor seasonal employees and be the alternate building official.
MOTION BY: John Odermann SECONDED BY: Nikki Wolla
To approve Building Inspector III Job Description with the amendments to the grade.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.
Motion declared duly passed
2. Senior Citizens Center Grants
Deputy City Administrator Linda Carlson presents the 2021 Senior Citizens Center Grant winners. She reads the list of recipients.
3. SW Regional Grants
Deputy City Administrator Linda Carlson presents the 2021 SW Regional Grant winners. Ms. Carlson reads the list of recipients.
4. 2019 Auditor Report
Deputy City Administrator Linda Carlson states the single audit report as of 12/31/2019 with two deficiencies. Ms. Carlson discusses the deficiencies which state they are significant. The 2019 general fixed assets finds were not completely reconciled at the time of the audit. To correct this actions the general fixed asset funds will be reconciled on a quarterly basis. She states the other deficiency was the financial statement preparation. The city does have the auditor do the preparation of the financial statement. Ms. Carlson states there were no findings in the federal award programs.
5. HR Monthly Report
HR Coordinator Shelly Nameniuk updates the Commissioners on the following openings:
Utilities Manager, Solid Waste, Communications Specialist, seasonal positions, museum collections, recycling operator, library assistant, firefighter and water reclamation operator.
City Administrator Brian Winningham states the City did not change the seasonal classifications. They are status quo and do not affect the budget.
4.PUBLIC SAFETY
A. Fire Department
1. Reports:
None
B. Police Department
1. Reports:
1. Monthly Report
Police Chief Dustin Dassinger updates the Commission on the monthly Police Department monthly report for March. Chief Dassinger states there were 2199 calls for service which is slightly up; 93 suspicious persons or vehicles; 76 calls to speak to an officer and others. Chief Dassinger reports there are city traffic violations of 56 speeding; 59 total accidents; 504 traffic stops; arrests with warrants were 59 and drug related arrest were 44. He states Dispatch has seen an increase in the activity level with 797 emergency 911 calls; 5072 non-emergency; 1000 outgoing calls. Chief Dassinger states there are 9 working dispatches and 3 in training with 2 open positions; the shelter shown 89 calls for service. There are 40 open criminal investigations cases. Chief Dustin Dassinger congratulates Officer Corporal Peters and K-9 Kalo for taking 2nd place out of 28 teams.
5.ENGINEERING
A. Cost-Share Reimbursement agreement for the East Broadway Dam Rehabilitation Study
Interim City Engineer Loretta Marshik presents the Cost-Share Agreement with the State Water Commission pertains only to the Rehabilitation Study for the East Broadway Dam. This project will be completed in phases. It is a 75% reimbursement for actual costs up to $48,898.
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
To approve the Cost-Share Reimbursement Agreement for the East Broadway Dam Rehabilitation Study with the State Water Commission.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
B. South State Avenue Watermain Bid Award
Interim City Engineer Loretta Marshik presents bids for the State Avenue Watermain Project. Ms. Marshik states the low bid was from Chaparral Construction Inc. Dba Cordova Construction in the amount of $916,651.75. This amount 35% below the Engineer's Estimate of $1,402,068.00.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve the bid from Chaparral Construction Inc. dba Cordova Construction, for the State Avenue South Watermain Project, in the amount of $916,651.75.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
6. PUBLIC WORKS
A. Bid Approval for the Landfill Leachate Lift Station Project 202005
Public Works Director Gary Zuroff presents bids for the Landfill Leachate Lift Station. A total of five bids were received. The Engineers opinion of cost was $800,192.53. The City would like to award the contract to B.G. Excavating, Inc. for the bid price of $707,880.00.
MOTION BY: John Odermann SECONDED BY: Jason Fridrich
To approve the bid from B.G. Excavating, Inc. for landfill leachate lift station project 202005 in the amount of $707,880.00.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
B. Apex Task Order for Risk and Resiliency Assessment
Public Works Director Gary Zuroff presents the American Water Infrastructure Act OF 2018 which requires the City to prepare a Risk and Resilience Assessment and an Emergency Response Plan. This Task Order will provide technical assistance, data analysis, planning, and reports necessary to complete the Risk and Resiliency Assessment and the Emergency Response Plan necessary for compliance.
MOTION BY: Suzi Sobolik SECONDED BY: Jason Fridrich
To approve Apex Task Order for Risk and Resiliency Assessment.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0.Motion declared duly passed
7. PLANNING
A. CTE Site - Dickinson Public School
1. Future Land Use Map - Commercial and Industrial to Public
Planning Director Walter Hadley presents for a second reading the Future Land Use Amendment, from Commercial & Industrial, to Public.
MOTION BY: Suzi SobolikSECONDED BY: John Odermann
To approve second reading and final passage of Ordinance No. 1714.
ORDINANCE NO. 1714
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
2. Rezoning Petition - General Commercial, Limited Industrial, Industrial to Public
Planning Director Walter Hadley presents a Zone Change request from General Commercial, Limited Industrial, and Industrial to Public. This is presented for a second reading with no changes.
MOTION BY: Nikki Wolla SECONDED BY: Jason Fridrich
To approve second reading and final passage of Ordinance No. 1715.
ORDINANCE NO. 1715
AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE CITY LIMITS, CITY OF DICKINSON, NORTH DAKOTA.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
8.BUILDING/CODE ENFORCEMENT
A. Reports:
1. None
9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA - 5:00 P.M.
A. Dickinson Convention and Visitors Bureau - 2020 Annual Report
Executive Director Terri Thiel from the Dickinson Convention and Visitors Bureau presents her annual report who shows occupancy in 2020 to be 42.3% and at a rate of about $72 average daily rate. She states the daily rate did end up at $68.93 for 2020. She discusses ND Travel Alliance Partnership as compared with the neighboring states such as MT, MN, and SD whom receive larger funds for marketing. She discusses advertising which included online and paper. Ms. Thiel visits about her new programs such as Coffee Cruise, Insta-Meet, downtown walking tour on podcast which have a historic photo and audio. Ms. Thiel states the CVB has refreshed the logo and created a 13 page guideline. She states visitors have expressed that they were relieved to get into an area where spaces were open. They were very interested in the area because of the openness.
B. Sunrise Youth Bureau Annual Report
Director Holly Praus from the Sunrise Youth Bureau thanks the City for continuing to support them through a four year contract. She states the main program diversion is to work with youth whom are under 18 years of age and get into problems with the law.
Youth Director Amber Hofstad states the Youth Bureau work with diversion and out of school suspension. Ms. Hofstad states she meets with families to talk with their child, what they did wrong and any concerning behaviors and given consequences. She states they deal with vaping, self-esteem, community service, apology letters, and others. The children need to lean from situations and make better choices in the future. Ms. Hofstad states they present consequences if they do continue their behavior. They also do crisis intervention.
Ms. Holly Praus states there are prevention programming in elementary schools mostly. There is not a fee to the school to have these programs. There are 50 prevention programs that Sunrise Youth Bureau can offer as there is a full time person that has those programs. Ms. Praus visits about attendant care as they are the only site in western ND. She states attendant care has seen a spike in 2021.
President Scott Decker thanks Ms. Praus and Ms. Hofstad and the Sunrise Youth Bureau for doing a great job and to let the City know if their needs are not met.
Ms. Praus thanks the City's' staff and Commissioners for their continued support.
C. Public Comments on Agenda
Resident Jeff Ficek states he has contacted the City for copies of meeting minutes. He had contacted several staff and thanks the staff at the City for the help but he was unable to print the minutes. He states if anyone in the public is looking for minutes online and do not have the most updated software they would not be able to get to the minutes. He states he was told of how to get to the minutes but when he got to the minutes he was unable to download them. He is aware of the issues of the website and asks to simply access the minutes.
Commissioner John Odermann states he feels Mr. Ficek's pain before he became a commissioner. He states the minutes are sent to their devices for easier access but he knows the website can become tedious. He feels the city needs to find support to streamline the minutes.
President Scott Decker would like for the process to update and make the City's website a lot easier to access. He states the City has been working through this process and also keeping it secure. He states residents do not realize the attacks on the City's website. He thanks Mr. Ficek for bringing this to the attention of the City staff.
City Administrator Brian Winningham apologizes to Mr. Ficek for the confusion and being unable to get to the information he would have liked to review. Mr. Winningham states the City is looking into making the website creative in house. He states if you hire someone outside of staff in-house they then have you over a barrel and this could result in a shutdown. City Administrator Winningham will look into this issue.
10. COMMISSION
Commissioner John Odermann visits about the leaving of the Downtown Director LoAnn Wegh and potentially moving that position to become a City employee. He feels now is the time to have the conversation as to the open position.
President Scott Decker would like to discuss the position of a PIO and include the PIO position with the town square position.
City Administrator Brian Winningham states he was aware of Ms. Wegh but has not been officially notified. He did speak to Kristi Schwartz and was informed that Ms. Wegh did resign but Mr. Winningham has not been notified officially. He states this subject could be added to the work session and then onto the agenda. This position should be in line with the City Planner.
Commissioner John Odermann sates if the City wants to build Downtown Square and make it successful as possible. This role being structured is going to be very important.
ADJOURNMENT
MOTION BY: Suzi Sobolik SECONDED BY: John Odermann
Adjournment of the meeting at approximately 6:40 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:Brian Winningham, City Administrator
Scott Decker, PresidentBoard of City Commissioners
Date: May 4, 2021
(May 5, 2021) 2886707