REGULAR MEETING DICKINSON CITY COMMISSIO

REGULAR MEETING DICKINSON CITY COMMISSION MAY 2, 2023 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 John Odermann and Commissioners Jason Fridrich and Robert Baer Telephone: None Absent: Commissioner Suzi Sobolik 1. PLEDGE OF ALLEGIANCE 2. ORDER OF BUSINESS MOTION BY: Robert Baer SECONDED BY: John Odermann To approve the May 2, 2023 Order of Business as presented. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 3. CONSENT AGENDA MOTION BY: Jason Fridrich SECONDED BY: Robert Baer A. Approval of meeting minutes dated April 18, 2023 B. Approval of Accounts Payable, Commerce Bank and Checkbook C. Approval of Tobacco License for Black Clover, LLC DBA Town and Liquor DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 4. ADMINISTRATION/FINANCE A. Proclamations: 1. Building Safety Month Proclamation President Scott Decker read the Building Safety Month Proclamation. MOTION BY: Jason Fridrich SECONDED BY: John Odermann To approve the Building Safety Month Proclamation. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 2. Drinking Water Week Proclamation Manager/CEO Jen Murray states SW Water has been in business for 30+ years. Ms. Murray thanks the Commission and the City for their continued support and team work to treat and deliver quality drinking water. She appreciates the support. President Scott Decker read the proclamation which states Drinking Water Week is May 7-13, 2023. MOTION BY: John Odermann SECONDED BY: Robert Baer To approve the Dirking Water Week Proclamation. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed B. KLJ Task Order – Grant Writing Services Deputy City Administrator Linda Carlson presents a task order for grant writing services that was generated through an RFP that went out in late fall of 2022. The award of the services did not come to fruition until the City team of Community Development/Engineering, Public Works, Finance and IT got together and developed the CIP EDITOR, which is a module within the Time Keeping system, that consolidated all capital projects, the estimated costs, the funding sources, the timelines and are commission approved. City staff wanted to have a manageable product to supply KLJ with all the information they needed to have for planning and programing review. This process has been cost and time effective. KLJ has also included a three-tier sheet that explains the steps in which staff can work with on a project on a case by case. Ms. Carlson along with staff recommend approval of the KLJ Task Order NO. 2204-01360-1 for grant writing services. MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve the KLJ Task Order for Grant Writing DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C. Job Descriptions: 1. Building and Grounds Operator HR Director Shelly Nameniuk presents the Building and Grounds Operator Job Description. She states this is only a title change and will move from a Grade 11 to Grade 12. MOTION BY: Robert Baer SECONDED BY: Jason Fridrich To approve the Building and Grounds Operator Job Description DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 2. Building and Grounds Operator II HR Director Shelly Nameniuk presents the Building and Grounds Operator II Job Description. She states this is a new position which is achievable. This would be a Grade 13 and non-exempt position. MOTION BY: John Odermann SECONDED BY: Robert Baer To approve the Building and Grounds Operator II Job Description DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 3. Building and Grounds Foreman HR Director Shelly Nameniuk presents the Building and Grounds Foreman Job Description. She states this is only a title change from Senior Facility Operator and will move from a Grade 13 to Grade 14. MOTION BY: Jason Fridrich SECONDED BY: John Odermann To approve the Building and Grounds Foreman Job Description DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 4. Building and Grounds Supervisor HR Director Shelly Nameniuk presents the Building and Grounds Supervisor Job Description. She states this is only a title change and will move from a Grade 15 to Grade 16. MOTION BY: Robert Baer SECONDED BY: Jason Fridrich To approve the Building and Grounds Supervisor Job Description DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed 5. Deputy Public Works Director HR Director Shelly Nameniuk presents the Deputy Public Works Director Position. Ms. Nameniuk states this is a new position with the plan of succession. She states it is rather difficult for the city to fill and keep street and fleet operators positions over the years. The Public Works Director would train this position to include budgeting. This would be a Grade 20 and an exempt position. City Administrator Dustin Dassinger states PW Director Zuroff plans on retiring in May, 2024 and this would work best for the plan of action with the demand of leadership in the PW Department. The department would still have two manager positions. City Administrator Dassinger states if he does decide to pull the trigger than utilize approval of the job description. If the city does decide to move forward with the position Administrator Dassinger will come forward to Commission and ask for approval to move forward. Public Works Director Gary Zuroff states the city cannot fill the Street and Fleet Manager Positions. He states Utility Manager Zastoupil and then maybe 2 managers. Director Zuroff feels this is the best way to go as the city cannot fill the Manager positions. There would be one director, Deputy Director and two Managers. Commissioner John Odermann asks with the Deputy position if Mr. Zuroff feels this would be a good mentorship with the Public Works Director or to download Mr. Zuroff’ s expertise to potentially succeed him. Director Zuroff states Public Works is so broad with the Deputy you can get involved in multiple areas and a lot of things are changing and developing in Public Works and technology. He would love to train the individual of the knowledge and educate the best he can. President Scott Decker stated Mr. Zuroff’ s position would be treated no differently and would be open for everyone to apply for the position. If the Deputy would apply and was not successful in being selected and an outside source was selected then the city would have the inside operations knowledge. HR Director Nameniuk states the discussion of internal or external has not been discussed as of date. City Administrator Dustin Dassinger states the City is looking at the best direction to move forward, internally or externally. MOTION BY: John Odermann SECONDED BY: Robert Baer To approve the Deputy Public Works Director Job Description. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed D. Official Newspaper of the City of Dickinson Deputy City Administrator Linda Carlson states according to the ND Century Code the governing body needs to have annually a resolution to designate a newspaper as an official newspaper. She states the City of Dickinson would pick the Dickinson Press as its official newspaper. Ms. Carlson states she call municipalities and all counties and cities have a designated newspaper. Commissioner John Odermann states this seems like default as this is the county paper. MOTION BY: Jason Fridrich SECONDED BY: Robert Baer Adopt Resolution No. 08-2023. RESOLUTION NO. 08-2023 A RESOLUTION REGARDING THE OFFICIAL NEWSPAPER OF THE CITY OF DICKINSON DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed E. Reports: 1. Work Session Discussion City Administrator Dustin Dassinger states city staff would like to have a work informational session on May 15, 2023 at 9:00 a.m. to discuss storm water fees, mausoleum, Legacy Square, etc. Commissioner John Odermann does appreciate the work session just because it allows for Commissioners to have longer discussions and ask clarifying questions. These meetings are open to the public. Commissioner Odermann feels staff should be respectful of the public's time that come and attend the meetings. He states if staff included all the things for the work session the Commission would be at the meetings until 9 or 10 p.m. He feels the City should be respectful of the public. He feels work sessions are definitely a larger time commitment but that is what the Commission had signed up for. Commissioner Robert Baer likes work sessions as he can ask more questions and get into deeper discussion than rather at a regular meeting. He feels this is to learn more is better. Commissioner Jason Fridrich has had past hesitations. He states that if these work sessions do not turn into commission meetings he would be okay with having them. He does not want them every 2 weeks and to last 4 hours long and talk about things and get a general feel from commission on which is basically approving the item prior to the commission meeting. He does not want it to seem like another commission meeting. If information is only provided he would be okay with having these sessions. President Scott Decker states he does not want another commission meeting. He wants the public to feel that everything that is being discussed is open to them and sometimes work sessions are not open. He feels as long as it is informational purposes only he is okay with it. Commissioner John Odermann does not feel the city needs to have a work session every two weeks or every month. Just make sure that a work session is needed prior to having one. 5. PUBLIC WORKS A. Reports: 1. None 6. PUBLIC SAFETY A. Fire Department Reports: 1. Monthly Report Fire Chief Jeremy Presnell provides to the Commissions the April Fire Department Report. He reviews the types of calls, EMS is at the highest with 78 calls, 6 false alarms, 6 good intent and no fires for April. Station #1 has 60% of the overall calls. There has been a lot of apartments and high density area with the most fires. Chief Presnell states there is a minute shaved off of the response times. The highest calls are received on Sunday, Tuesday and Wednesday. He also discusses training and fire presentations. President Scott Decker thanks Chief Presnell along with the Police Department, County, and Highway Patrol officers in helping with the funeral procession. B. Police Department Reports: 1. Monthly Report None 7. COMMUNITY DEVELOPMENT SERVICES A. Sundance Coves SID Engineering and Community Development Director Josh Skluzacek present the Special Improvement District for Sundance Coves. He states all properties were allocated the same amount of dollars. $150,000 will be paid by the developer. There will be 7 individual single family homes. The average cost for each owner would be approximately $1,566.20. City Attorney Christina Wenko states the reality is that Sundance Coves has a contractual obligation to the city that is occurring. This will come before the tax commissioner if they are still owning anything for these properties. She states contractors normally put bonds in place but the agreement has no bond applied to this particular part of the project. She states therefore the city has no bond to enforce. Since this time the city has changed its practice. Engineering and Community Development Director Skluzacek states this will be a 10 year assessment at 3.25% interest. MOTION BY: Jason Fridrich SECONDED BY: Robert Baer Adopt Resolution No. 09-2023. RESOLUTION NO. 09-2023 A RESOLUTION CREATING THE SUNDANCE COVES LIGHTING SPECIAL IMPROVEMENT DISTRICT NO. 202301-1, DIRECTING THE FILING OF AN ENGINEER’S REPORT REGARDING THE SAME, AND DECLARING THAT IT IS NECESSARY TO MAKE THE IMPROVEMENTS DESCRIBED THEREIN. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed B. 2023 Sidewalk Program Engineering and Community Development Director Josh Skluzacek presents the 2023 Sidewalk Program. He states this is an annual program and the city has had it for quite a few years. He states the mechanism for this program is to make improvements to curb, sidewalk and gutters and have it assessed to the property. The is a volunteer program. He is trying to be proactive and communicate this program to residents and citizens. Commissioner Jason Fridrich states this has been a good program for the city in the past. MOTION BY: Jason Fridrich SECONDED BY: Robert Baer Adopt Resolution No. 10-2023. RESOLUTION NO. __10-2023 A RESOLUTION CREATING SIDEWALK IMPROVEMENT DISTRICT 202307-1 OF THE CITY OF DICKINSON AND AUTHORIZING THE IMPROVEMENTS AND ASSESSMENTS DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed C.Highlands Engineering Task Order – 15th Street West Engineering and Community Development Director Josh Skluzacek presents a Highlands Engineering Task Order to extend 15th Street West. This is part of the District. The development agreement states the city of Dickinson will have a financial obligation not to exceed $450,000. This will be completed in the 2023 construction season. MOTION BY: John Odermann SECONDED BY: Robert Baer To approve the Highlands Engineering Task Order for 15th Street not to exceed $450,000. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed D. KLJ Task Order – 2022 Road Maintenance Engineering and Community Development Director Josh Skluzacek presents the 2023 road maintence. He states that the 2022 mill and overlay is not quite finished but they have been having good communication with Northern Improvement and they will complete the project this year. The city will receive a rebate from last year for noncompleted engineering services from last year. Mr. Skluzacek states Northern will be completing the project this year as they had limited work force last year. James Kiedrowski from KLJ states these are good questions. He states there have been five change order sand the change order is normally absorb the cost but with the construction schedule going over to the next year it just happened that the change orders could not be part of the original cost. They did not anticipate the winter shut down of projects so soon. Commissioners Jason Fridrich would like to go after their performance bond. Director Skluzacek states there are certain criteria they needed to complete the project. He states the list for the scope of work will be completed this year and they have provided a schedule and the intent for Northern to complete the project this year. They are acknowledging liquidated damages and taking contractual steps to manage the project. The city did pay Northern for their work that was completed. MOTION BY: John Odermann SECONDED BY: Jason Fridrich To approve the KLJ Task Order for 2022 Road Maintenance. DISPOSITION: Roll call vote…Aye 4, Nay 0, Absent 1 Motion declared duly passed E. Reports: 1. Monthly Report: Engineering and Community Development Director Josh Skluzacek presents the monthly report. He states the development is picking up and the city is working diligently on the open position. He states they are reviewing barndominiums and the zoning requirements. He states over 50% of the property owners stated they are interested in the North Industries water and sewer. He reviews the projects that will begin this year along with the 2024 road maintenance scoping and 2024 watermain and lead service line scoping. Commissioner Robert Baer discussions the cemeteries and the drainage issues. Mr. Skluzacek states this is the first he has heard of the cemetery issues and will review this project. 8. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA – 5:00 P.M. A. SW Narcotics Task Force ND Bureau of Criminal Investigation Chris Kimmerle states the Police Chief is the Supervisor of the Board. MR. Kimmerle thanks the city for the grants as they really do help quite a bit. He states in 2022 there were 122 cases in the area. They have been short staffed in 2022 but hoping to have a full staff in 2023. He states they have touched base with hotel managers to look out for drugs. He states the largest drug is methamphetamines which they have seen more in the last year. They have confiscated 3,185 grams of meth last year. The large drug that is overtaking the community is Fentanyl. There is more and more of Fentanyl coming into Dickinson. This year he states 15,590 dosage unites were seized in Dickinson. Each dosage can kill an individual. Mr. Kimmerle states this is a huge issue for the area and it keeps growing. Marijuana is also a huge problem in this area. They had seized some marijuana and it was illicit marijuana and also included other drugs, 26,038 grams. There were 29 overdoses in 2022 with 4 being fatal. Mr. Kimmerle thanks the Commission and the City of Dickinson for the support. He states the ranges for drugs at this time are from age 14 and higher and into the early 60 year old. The school does have proactive educational programs but the smaller schools do not have SRO officers and there seems to be a lot of drugs in those schools. Mr. Kimmerle states normally the usage starts out at post-surgical recovery use and then when they are cut off of the drugs the individuals seek out other meds. B. Public Comments not on Agenda None 9. COMMISSION City Administrator Dustin Dassinger states City staff will be walking through and updating the Commission on the Municode at the work session in May. ADJOURNMENT MOTION BY: Jason Fridrich SECONDED BY: John Odermann Adjournment of the meeting was at 6:05 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: Dustin Dassinger, City Administrator Scott Decker, President Board of City Commissioners Date: June 6, 2023 ACCENT WIRE-TIE $916.58 ADVANTAGE CREDIT BUREAU $646.00 AGWEEK $64.00 ALLANS DECORATING CENTER $960.00 ALLSTATE PETERBILT OF DICKINSON $9,361.07 ANDYS REPAIR LLC $2,945.12 ARAMARK UNIFORM & CAREER APPAREL GROUP, INC $911.28 ASTORIA HOTEL & EVENT CENTER $6,018.00 AT&T $27.01 AUTO VALUE, APH STORE $39.47 B & K ELECTRIC $2,770.00 BAKER & TAYLOR CO (GA) $1,671.52 BALCO UNIFORM - POLICE ACCOUNT $3,048.44 BECKER, DANA $888.05 BERGER ELECTRIC INC $757.74 BIG HORN TIRE, INC $556.00 BLACKSTONE AUDIO, INC. $141.00 BOSS OFFICE PRODUCTS $239.94 BOUND TREE MEDICAL LLC $53.12 BRAUN DISTRIBUTING $73.60 BRAUN INTERTEC CORPORATION $4,274.50 BRAVERA INSURANCE $2,414.00 BROWN, DAN $276.50 BURESH, KAREN $241.95 BUTLER MACHINERY CO $258.54 CARQUEST AUTO PARTS STORES $407.43 CENGAGE LEARNING $186.68 CENTRAL MECHANICAL INC $11,988.45 CENTRAL SQUARE COMPANIES $361.70 CONSOLIDATED COMM CORP $176.07 COVENANT LEGAL GROUP $1,112.50 DAKOTA PUMP & CONTROL CO $5,180.00 DIAMOND H RENTALS $400.00 DICKINSON MUNICIPAL COURT $280.00 DICKINSON PARKS & REC (MEMBERS) $2,509.43 DICKINSON ROTARY CLUB $20.00 DICKINSON TR AIRPORT $1,591.35 EAST END AUTO (POLICE) $100.00 EBELHAR ROBERT $162.50 EBSCO SUBSCRIPTION SERVICE $5,610.77 ECHELON FRONT, LLC $7,500.00 ELDER CARE $17,083.34 ELECTRIC SALES & SERVICE INC $2,513.35 ELECTRONIC COMMUNICATIONS INC $624.00 EMBLEM ENTERPRISES INC $204.10 EVOQUA WATER TECHNOLOGIES LLC $37,477.50 FAISON OFFICE PRODUCTS, INC $3,621.02 FEININGER ELECTRIC WORKS LLC $2,561.00 FISHER SAND & GRAVEL CO $13,211.12 FLEETMIND SOLUTIONS INC. $1,015.00 FORCE AMERICA DISTRIBUTING LLC $736.00 FORUM COMMUNICATIONS CO. $1,022.78 FOUR SEASONS TROPHIES $11.00 GEOSTABILIZATION INTERNATIONAL LLC $346,376.12 GOOSENECK IMPLEMENT $14,750.00 HACH COMPANY $750.65 HAYNES, MELBYE LAW OFFICE PLLC $2,450.00 HC3 $516.97 HEART RIVER VOICE $551.00 HEREDIA-NIEVES, YOEL $80.50 HIRNING, SCOTT $450.00 HOME SPECIALTIES GROUP, LLC $50.00 HORIZON CABLE SERVICE INC $243.20 HOUSTON ENGINEERING INC $35,832.00 HR COLLABORATIVE $150.00 INFORMATION TECHNOLOGY DEPT $882.61 INNOVATIVE OFFICE SOLUTIONS LLC $36.41 J & J OPERATING LLC $7.08 JB’S WINDOW CLEANING $910.00 JEROMES DISTRIBUTING INC $76.80 JLG ARCHITECTS $664.00 JP FRAME SHOP $304.08 JP STEEL & SUPPLY $115.55 KOLLING & KOLLING INC $21,330.00 KUBIK, BOGNER, RIDL, SELINGER $562.50 KUNTZ RV & AUTO REPAIR $2,595.00 LANGUAGE LINK $11.82 LOGO MAGIC INC $2,136.00 MAC’S HARDWARE $290.36 MACKOFF KELLOGG LAW FIRM $28,500.00 MENARDS $1,758.23 MIDDLETON, WILLIAM L $80.50 MIDWEST DOORS INC $338.53 MIDWEST TAPE $1,889.23 MINNESOTA VALLEY TESTING LAB INC $2,666.40 MONTANA-DAKOTA UTILITY $60,320.47 MOUNTAIN-PLAINS YOUTH SERVICES COALITION $8,834.96 NAYAX, LLC $8.95 ND DEPT OF ENVIROMENTAL QUALITY $50.00 ND PHARMACY #2 $235.54 NEWBY’S ACE HARDWARE $206.07 NEWMAN SIGNS INC $59.11 NORTHWEST TIRE INC $132.52 O’REILLY AUTO PARTS $65.97 OLYMPIC SALES INC $76.67 PARADISE DRY CLEANERS, LLC $3.18 PRAIRIE AUTO PARTS INC $295.07 PUMP SYSTEMS LLC $197.32 QUADIENT - POSTAGE FUNDING $500.00 QUALITY QUICK PRINT INC $1,355.00 RADISSON HOTEL BISMARCK $694.80 RAPID FIRE PROTECTION INC $1,587.50 RED ROCK FORD OF DICKINSON $13,974.69 ROBERTS, WINTON $36.56 ROUGHRIDER SPEED CENTER $95.17 RUNNINGS SUPPLY INC $1,081.93 SAFETY-KLEEN $286.94 SANFORD HEALTH OCCUPATIONAL MEDICINE DIVISION $1,599.00 SANITATION PRODUCTS $185.02 SCHLABSZ DOROTHY $256.45 SCHOCH, ALTON J $150.00 SCHOLASTIC INC $492.00 SERVPRO of MINOT $3,668.07 SHERWIN WILLIAMS CO $122.62 SOUTHWEST GRAIN(BULK) $244.20 STALKER RADAR $6,500.00 STARK COUNTY AUDITOR $4,350.90 STARK DEVELOPMENT CORP $50,000.00 STATE HISTORICAL SOCIETY OF ND $81.00 STEFFAN’S SAW & BIKE $73.96 SUMMIT FIRE PROTECTION $204.50 SW DISTRICT HEALTH UNIT/ MEDICAL $118.00 SW DISTRICT HEALTH UNIT/ WATER SAMPLES $400.00 SW VICTIM WITNESS PROGRAM $675.00 SWEENEY CONTROLS COMPANY $7,527.50 SWMCC-PRISONER HOUSING $17,600.04 TIME EQUIPMENT RENTAL & SALES, INC $8,210.00 TITAN MACHINERY $320.75 TOTAL SAFETY US INC $1,907.03 TRACKER MANAGEMENT $5,018.07 TRANSUNION RISK AND ALTERNATIVE $175.00 TRAVELERS $5,513.00 UNITED STATES TREASURY $112.75 WALLACE, DAVID $652.11 WEHNER, DARRYL $326.06 WEST DAKOTA OIL INC $2,390.15 WEX HEALTH INC $1,053.70 WITMER PUBLIC SAFETY GROUP INC $141.44 ZENT, JAN $411.08 ZOOBEAN INC $1,395.00 NORTH DAKOTA DEPARTMENT OF COMMERCE $325.00 J J KELLER & ASSOCIATES INC $1,461.19 PRINCIPAL INSURANCE COMPANY $16,060.14 POST BOARD $75.00 DOMESTIC VIOLENCE & RAPE CENTER $3,674.99 BOWMAN SALES & SERVICE, INC. $6,700.00 VERIZON WIRELESS $8,447.90 CONSOLIDATED COMM CORP $4,961.03 DOMESTIC VIOLENCE & RAPE CENTER $2,650.69 BILLINGS COUNTY RURAL FIRE DISTRICT $450.00 HELLO! BOOKING $5,000.00 HELLO! BOOKING $3,750.00 COMMERCE BANK $31,346.28 (June 7, 2023) 230628