REGULAR MEETING DICKINSON CITY COMMISSIONDecember 2, 2020 I.

REGULAR MEETING DICKINSON CITY COMMISSIONDecember 2, 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, John Odermann and Suzi Sobolik
Video:None
Absent:None
1.ORDER OF BUSINESS
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
To approve the December 2, 2020 Order of Business as presented.
President Scott Decker introduces City Administrator Brian Winningham. President Decker reads Mr. Winningham's bio and states the City is fortunate to have someone with such great experience.
Mr. Brian Winningham states he is thankful and excited to be in Dickinson.
DISPOSITION: Motion carried unanimously.
2.CONSENT AGENDA
MOTION BY:Suzi Sobolik SECONDED BY: Nikki Wolla
A. Approval of meeting minutes dated November 17, 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. 2021 Liquor License Renewals
Deputy City Administrator Linda Carlson presents the renewal applications for the 2021 Liquor Licenses. She states the applications have been completed, fees paid and back grounds have been completed. Deputy City Administrator Linda Carlson along with city staff recommend approval.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve the 2021 Liquor License Renewals.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
B. Beer Only Liquor License - Melanie Oltmanns, OD, PC DBA Eyewear Concepts
Deputy City Administrator Linda Carlson presents a Beer only liquor license for Melanie Oltmanns, OD, and PC DBA Eyewear Concepts. Ms. Carlson states these licenses are unlimited. Ms. Carlson states a background check was completed, fees paid and city staff recommends approval of the Beer Only Liquor License with Melanie Oltmanns DBA Eyewear Concepts.
City Attorney Christina Wenko states the City may grant the applicant for a beer only liquor license and they shall abide but all state and local laws in regards to open packaging, license in regards to consumption on premises and no off sale. Ms. Wenko states the City is looking forward to updating this to include beer and wine if they chose to do so in the future.
MOTION BY: Jason Fridrich SECONDED BY: John Odermann
To approve the Beer Only Liquor License for Melanie Oltmanns DBA Eyewear Concepts liquor license.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
C. Actuarial Services Consulting Agreement
Deputy City Administrator Linda Carlson states the Retirement Boards met on October 27th, 2020 and in the discussion of the agenda, a motion was made and dually passed to move forward in renewing the actuarial services with Gallagher Benefit Services, Inc. for a one-year contract. Ms. Carlson states the only change from last year is that the contract is renewing for the year starting January 1st through December 31st of 2021. All other terms and conditions of the agreement remain in full force as stated in the May 7th, 2019 agreement. Ms. Carlson sates City staff and the Retirement Boards would recommend approval of the Amendment to Actuarial services Consulting Agreement as written and presented.
MOTION BY: John Odermann SECONDED BY: Nikki Wolla
To approve the one-year Actuarial Services Consulting Agreement for 2021 as presented.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
D. Reports:
1. HR Report
HR Coordinator Shelly Nameniuk presents the monthly HR report which states Police Officer positions are in the interview process for a second time. Communications Specialist position shows two hires. Ms. Nameniuk states there is one opening for Street Maintenance Operator. Book mobile position is put on hold at this time. There were four Limited Hour Library positions which are all filled. There were several positions open in the Water Reclamation Facility and the City did hire one staff. The Chief Water Utility Operator position was filled internally. Ms. Nameniuk states the Fire Inspector position was opened internally and filled. She states at this time the City is looking for seasonal snow plow operators. There other positions open at this time such as Landfill Operator, Chief Water Reclamation Facility Operator and Clerk of Court.
2. Thank you notes - Beach Park Board, Dickinson Area Chamber Team
Provided for informational purposes only.
4.PUBLIC SAFETY
A. Fire Department
1. Reports:
None
B. Police Department
1. Reports:
None
5.ENGINEERING
A. Bid Concurrence for the NDDOT I-94 East Business Loop Project
Assistant City Engineer Loretta Marshik presents a letter from the NDDOT, along with a copy of the Contract Detail Estimate, for NDDOT project NHU-5-094(141)907, PCN 21175 - I-94 Bus From 10th Ave E to I-94 East Dickinson Interchange. The NDDOT is looking for City of Dickinson to concur, in writing, with the estimated amount so that the bid can be awarded at their December 7th, 2020 awards meeting. Ms. Marshik states the low bid was submitted by Northern Improvement Company in the amount of $14,321,471.91. This bid came in well under the engineer's estimate of $18 million. She does state Exit 65 is a separate project but running in conjunction. Ms. Marshik states this will be a good improvement to the East Side of town on 10th. The City's cost share of the project is estimated to be $1,514,886.06.
MOTION BY: John Odermann SECONDED BY: Suzi Sobolik
To approve the bid by NIC for NDDOT project NHU-5-094(141)907, PCN 21175 - I-94 Bus From 10th Ave E to I-94 East Dickinson Interchange.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
6. PUBLIC WORKS
A. SW Water Rate Increase for 2021
Public Works Director Gary Zuroff states Southwest Water Authority contract water rate will increase from $5.50/1000 gallons to $5.60/1000 gallons effective January 1. 2021. Director Zuroff states the City of Dickinson water rates are comprised of the Meter Charge Base rates and the Consumption or Usage Rate. The Meter Base Rate charges are determined by your meter size and these rates have not increased since 2015. The Consumption or Usage Rate consists of the SWA contract rate plus the city's revenue portion of the usage rate which is currently $1.20/1000 gallons. Public Works staff recommends increasing the Water Usage Rate the $.10/1000 increase the City is receiving from SWA which would increase the Usage Rate to $6.80/1000 gallons, the Meter Base Rate and the city's revenue portion of the usage rate would remain the same as 2020. Public Works Director Gary Zuroff states over 50% of SW Water customer base is the City of Dickinson. Director Zuroff states contract rates for other cities is shown in the packet on the letter. Director Zuroff states the City does try and attend the State Water Commission Meetings when they are held and compare Dickinson's rates and the City of Dickinson feels their rates are higher than other Cities.
MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik
To approve increasing 2021 Water Usage Rate to $6.80/1000 gallons
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
B. Rachel Contracting Change Order #1 Reuse Pipeline Project #2001905
Public Works Director Gary Zuroff presents a Change Order #1 with Rachel Contracting is an increase in the contract with Rachel Contracting for $75,283.12. This Change Order consists of multiple field orders required during construction. Additional flush hydrants were requested which will give us the ability to flush into our existing sanitary sewer and allow us to temporary bypass the meter vault for maintenance purposes. Additional bollards were added to protect the additional flush hydrants. The original refinery plans showed a 16 inch valve at the beginning location of the project, upon excavation the contractor discovered the valve did not exist so a 16 inch valve was requested. The majority of the Change Order is the required casing by SWA of the reuse line when crossing their water line. Original plans showed required vertical separation but did not include SWA casing requirements. Public Works Director Gary Zuroff states the original contract was for $805,904. He states even with the change order the cost is below the original plan of cost.
MOTION BY: Jason Fridrich SECONDED BY: Suzi Sobolik
To approve Change Order #1 with Rachel Contracting for $75,283.12.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
7. PLANNING
A. Chapter 39 Amendments Public Zoning Districts
City/County Planner Steven Josephson presents Chapter 39 Amendments for Public Zoning District for a second reading. This amendment is to project adjacent and budding properties. Planner Josephson notices the wordage of side yard needs to be changed to rear yard.
MOTION BY: John Odermann SECONDED BY: Nikki Wolla
To approve second reading and final passage of Ordinance No. 1707.
ORDINANCE NO. 1707
AN ORDINANCE AMENDING AND RE-ENACTING ARTICLE 39 OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO PUBLIC ZONING DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
B. Special Use Permit - Pet Day Care - 1471 4th Avenue East
Planning Director Walter Hadley presents a Special Use Permit for a pet daycare at 1471 4th Avenue East. This was formally called Happy Hounds. The maximum amount of dogs for this location would be 10 dogs. This is the same owner with a different partner. This issue was heard at the November 18, 2020 Planning and Zoning Commission meeting with no concerns about the application. The City has proposed a number of conditions to allow this pet daycare and the applicant does not have any issues with the conditions. Planning Director Hadley along with City staff recommend approval of this application.
MOTION BY: Nikki WollaSECONDED BY: Jason Fridrich
Adopt Resolution 40-2020.
RESOLUTION NO. ___40-2020
A RESOLUTION APPROVING A SPECIAL USE PERMIT TO MEGAN LIPETSKY AND CHAD URAN FOR DOG DAY CARE
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA - 5:00 P.M.
A. Public Comments on Agenda
Jared Scheeler whom is a co-owner of the HUB Convenience stores states they have six stores in Western ND. He has comments related to the Beer Liquor License that Drs. Melanie Oltmanns and Nate Shilman have applied for and received. He states he commends these two individuals for adding a variation or new offering for an added value to their business. Mr. Scheeler also commends the City Commission for approving the license. He states Dr. Oltmanns is an entrepreneur. He states business is tough and business owners need to evolve how to operate a business and he does support Dr. Oltmanns and the Commission. Mr. Scheeler states he still struggles if there is a license class for a personal care facility to serve alcoholic beverages on site for customers and those individuals to drivehome he struggles with the fact that does not allow small format retail to sell beer in a take home package for consumers to bring home and drink at home. Mr. Scheeler is really passionate about this subject. We can sell alcohol in our stores but in other cities but not in Dickinson. He states he has reared his head again as this subject is on the agenda. He states there are 155,000 convenience stores across the nation and 81% sell beer. He is again requesting a class for convenience stores to sell alcohol.
Rosie Lantz from Rosie's Food and Gas does support the need for another class of liquor licenses to sell beer in C stores.
10. COMMISSION
Commissioner Suzi Sobolik is requesting that if Commissioners know of items that are going to be discussed under Commission Session to please put list them on the agenda so all of the Commissioners know and can come prepared to the meeting.
ADJOURNMENT
MOTION BY: Suzi SobolikSECONDED BY: Jason Fridrich
Adjournment of the meeting at approximately 5:15 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: December 15, 2020

Payables
3-D SPECIALTIES INC $205.41; ALLSTATE PETERBILT OF DICKINSON $801.51; AMERICAN ENGINEERING TESTING INC $598.75; AMERICAN INSURANCE INC $65.00; AMERICAN PUBLIC WORKS ASSOCATION $1,080.00; APEX $63,377.31; ARAMARK UNIFORM & CAREER APPAREL GROUP, INC $1,148.52; ARNTSON STEWART WEGNER PC $4,582.45; AUTO VALUE, APH STORE $69.95; B & K ELECTRIC $3,970.00; BAKER & TAYLOR CO (GA) $3,361.74; BEK CONSULTING $19,385.00; BERGER ELECTRIC INC $101,608.00; BIERSCHBACH EQUIP & SUPPLY $220.00; BIG HORN TIRE, INC $318.00; BLACKSTONE AUDIO, INC. $907.92; BLUE TARP FINANCIAL $530.89; BORDER STATES ELECTRIC SUPPLY $14.25; BOSCH LUMBER CO $8.00; BOSS OFFICE PRODUCTS $962.96; BRAUN DISTRIBUTING $247.40; BUSINESS SOFTWARE INC $8,360.00; BUSTILLOS SAUL $29,000.00; BUTLER MACHINERY CO $4,611.20; CARQUEST AUTO PARTS STORES $29.91; CENGAGE LEARNING $361.36; CENTRAL MECHANICAL INC $874.80; CLARION HOTEL (ND113) $188.00; CLEAN SWEEP VACUUM CENTER $25.99; CONSOLIDATED COMM NETWORK INC $44.83; DACOTAH PAPER CO $155.15; DAKOTA SIGNWERKS $18.00; DATRUE PROCESS AUTOMATION $6,456.00; DICKINSON CONVENTION BUREAU $29,159.65; DICKINSON READY MIX $3,450.00; DICKINSON SUPPLY INC $158.39; DICKINSON TIRE INC $1,612.00; DOMESTIC VIOLENCE & RAPE CENTER $7,196.81; DONS FILTER & FURNACES UNLIMITED $648.38; DTE INC-DICKINSON TRUCK EQUIP $378.00; ELDER CARE $17,083.34; ENVIRONMENTAL TOXICITY CONTROL INC $825.00; EVOQUA WATER TECHNOLOGIES LLC $15,035.92; FCI AUTOMATION - GRAND RAPIDS $437.78; FEDERAL EXPRESS $237.12; FERGUSON WATERWORKS #2516 $2,427.74; FERRELLGAS $75.00; FISHER SCIENTIFIC COMPANY, LLC $56.51; FOGEL DANIEL $125.00; FORUM COMMUNICATIONS CO. $1,143.00; FOWLER, DENVER $454.11; GOOSENECK IMPLEMENT $320.56; GREAT NORTHERN ENVIRONMENTAL $5,403.00; GREAT PLAINS DIRECTORY SERVICE $333.00; HEART RIVER LEGAL SERVICES, PLLC $1,870.00; HEIL ENVIRONMENTAL INDUSTRIES LTD $12,814.20; HIGHLANDS ENGINEERING & SURVEYING PLLC $54,066.50; INNOVATIVE OFFICE SOLUTIONS LLC $173.03; JEROMES DISTRIBUTING INC $96.75; JLG ARCHITECTS $19,920.00; JOHNSON CONTROLS FIRE PROTECTION LP $972.32; JUST GRASS HYDROSEEDING, LLC $832.00; JUST-IN GLASS $40.00; KINETIC LEASING INC $4,305.00; KLJ ENGINEERING LLC $56,178.00; KREBS KREATIONS $5,000.00; KUEPER NORTH AMERICA LLC $16,610.80; LA QUINTA INN & SUITES $201.00; LEINTZ, TRAVIS $56.00; LOGO MAGIC INC $1,072.00; MARTIN'S WELDING & REFRIGERATION INC $1,662.50; McGOVERN IAN $345.00; MELBYE LAW OFFICE $1,350.00; MENARDS $277.88; MIDWEST DOORS INC $6,590.65; MIDWEST LABORATORIES, INC $1,028.50; MIDWEST TAPE $1,400.83; MINNESOTA VALLEY TESTING LAB INC $835.25; MONTANA-DAKOTA UTILITY $49,271.93; MOTION INDUSTRIES INC $2,004.48; ND DEPT OF TRANSPORTATION $75,075.39; ND SEWAGE PUMP LIFT STATION SERV CO $3,100.00; NELSON INTERNATIONAL $708.34; NEWBY'S ACE HARDWARE $12.17; NORTHERN EXPOSURE ADVERTISING $260.00; NORTHERN IMPROVEMENT CO(DIX) $50,589.76; NORTHWEST TIRE INC $2,328.39; NOVA FIRE PROTECTION INC $330.00; NSC MINERALS $2,822.36; O'REILLY AUTO PARTS $28.99; OTIS ELEVATOR COMPANY $1,148.04; PAT'S OFFROAD DBA OIL WORX $495.00; PRAIRIE AUTO PARTS INC $239.60; PUMP SYSTEMS LLC $561.62; QUADIENT/ DBA NEOFUNDS/TOTALFUNDS $37.66; QUALITY QUICK PRINT INC $186.00; QUEEN CITY MOTORS DBA HONDA WEST $38.97; QUEST ENGINEERING INC $232.65; REVOLVING FUNDS-PETTY CASH $72.00; RUDY'S LOCK & KEY LLC $12.00; RUNNINGS SUPPLY INC $1,276.56; SANFORD HEALTH OCCUPATIONAL MEDICINE DIVISION $1,303.00; SBM $73.26; SCHOOL SPECIALTY, INC. $10.39; SETCO $1,123.87; SNAP-ON INDUSTRIAL $1,294.25; SOUTHWEST GRAIN(BULK) $39,055.28; SOUTHWEST WATER AUTHORITY $268,444.76; SPEE DEE DELIVERY SERVICE, INC $102.66; STAPLES BUSINESS CREDIT $508.89; STARK DEVELOPMENT CORP $62,500.00; STRUCTURAL PLASTICS CORP. $981.58; SURE SIGN, ROBINSON, KURT $111.10; SW DISTRICT HEALTH UNIT/ MEDICAL $1,282.00; SW DISTRICT HEALTH UNIT/ WATER SAMPLES $590.00; TITAN MACHINERY $5,296.95; TOTAL SAFETY US INC $5,091.82; TRACKER MANAGEMENT $4,550.00; VARITECH INDUSTRIES INC $516.73; VOGEL LAW FIRM, LTD $2,483.00; WEST DAKOTA OIL INC $2,050.34; WEST RIVER LODGE #5 $874.50; WESTLIE TRUCK CENTER OF DICKINSON $1,895.48; WIDMER ROEL PC $3,000.00; WINN CONSTRUCTION INC $12,108.01
(Dec. 9, 2020) 2869183