REGULAR MEETING DICKINSON CITY COMMISSION March 19, I. CALL TO ORDER President Dennis W. Johnson called the meeting to order at 4:30 PM.

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1 REGULAR MEETING DICKINSON CITY COMMISSION March 19, 2012 I. CALL TO ORDER President Dennis W. Johnson called the meeting to order at 4:30 PM. II. ROLL CALL Present were: Absent: President Dennis W. Johnson, Commissioners, Joe Frenzel, Gene Jackson, Carson Steiner and Klayton Oltmanns None. STANDARD MOTIONS 1. ORDER OF BUSINESS MOTION BY: Klayton Oltmanns SECONDED BY: Gene Jackson To approve the March 19, 2012 Order of Business as presented. DISPOSITION: Motion carried unanimously. 2. CONSENT AGENDA Administrator Kessel states that he has visited with the land owners about the irrigation agreements. MOTION BY: Gene Jackson SECONDED BY: Joe Frenzel A. Approval of minutes of regular meeting dated March 5, B. Approval of Accounts Payable (via ); C. Approval of bid from Parkway Ford for ½ ton four wheel drive pickup Water Department D. Approval of Municipal Lease Purchase Agreement with Bank of the West for motor grader. E. Approval of 2012 Irrigation Agreements with Arnie Binek and Chad and Carol Brusseau F. Approval of bid for financing terms of lease contract with US Bank for a motor grader (loan proceeds to reimburse City) G. Approval of bid for financing terms of lease contract with US Bank for a compactor H. Approval of Hulsing and Associates Architects for Public Works Building design DISPOSITION: Roll call vote Aye 5, Nay 0, Absent 0.

2 TIMETABLE AGENDA 5:00 PM INTRODUCTION AND OATH OF OFFICE FOR POLICE OFFICERS TODD WEILER AND MATTHEW HANSON Chief Dustin Dassinger introduces the two newest Police Officers. Officer Todd Weiler and Officer Matthew Hanson are the newest Police Officers in the Dickinson Police Force. Weiler is originally from Dickinson and Hanson is originally from the Eastern part of North Dakota. Both officers are excited to work here in Dickinson and take on new challenges. Dassinger also introduced the new Captain for the Police Department. Captain Dave Wilkie has been chosen out of 7 applicants for the Captain position. Dave is originally from Dickinson and he and his family would like to continue to make Dickinson their home town. Dave is excited about starting this new position as there are many new and exciting challenges for the Police Department with all the economic changes. 5:05 PM DICKINSON STATE UNIVERSITY DR. D.C. COSTON, PRESIDENT Dr. D.C. Coston thanks the Police Department for their continued work on the campus of Dickinson State University. Coston did state it was a learning experience from working with the Dickinson Police Department. He feels this community is well served by the Police Department. Coston states DSU has a warm relationship and is committed to and look forward to working with the citizens and leadership in Dickinson and the region. Coston states being in this community shows how deep the ties run and how important it is to us. Coston discusses the previous audit and the audit that he will be attending next week. He states most of the accreditation issues referred to international programs. He states the auditors reviewed the domestic student files and all are absolutely rock solid and the program is in good shape. Coston visits about Theodore Roosevelt Center digitizing of records and asks for volunteers to work in this program. Dickinson State will be putting emphasis on students at Dickinson State. Dr. Coston looks forward to working with the leaders of Dickinson and hopes that Dickinson sees DSU as an asset. Commissioner Jackson states with the tone and demeanor that Dr. Coston has he feels confident in the future of DSU. Dr. Coston discusses the anniversary of DSU. President Johnson feels Dr. Coston has been a great contribution to this community and region. He is pleased the State Board has taken away Dr. Coston s interim title and given him the title of President. Johnson wishes Dr. Coston well.

3 5:20 PM TORNADOS AND SIRENS JACK JACKSON Citizen Jack Jackson discusses tornados and the new tornado policy. He does thank Emergency Manager Bill Fahlsing for working with him in revising the tornado policy. Jackson does explain indications or conditions of tornado weather. Jackson does explain the new and revised steps that will be taking place should a tornado be spotted or conditions favorable. He would like to see shelters for mobile home parks for safety. He states citizens should not get upset if the tornado alarm is sounded and it is a false alarm. He feels citizens should applaud and not complain. Jackson recommends the reverse 911 calling system to notify citizens of a tornado, snow removal or other emergencies. He feels more or louder sirens should be installed around the City. City Planner Courton states the City s code does require shelters for mobile home parks at this time. President Johnson feels reverse 911 calls are important and the weather is more of a concern now then it was five years ago. Johnson questions who is in charge of the sirens of how many and where they are to be placed. Police Chief Dassinger would need additional staff to make those reverse 911 calls and states community members may call 911 to see what the emergency is. City Engineer Shawn Soehren states the emergency manger determines the number of sirens and where to locate them Soehren feels it would be very difficult to notify citizens when their streets would be plowed as 50% of the snow removal is contracted. 5:35 PM DICKINSON 2035 ROADMAP TO THE FUTURE UPDATE Craig Kubas from Kadrmas, Lee and Jackson updates the Commission on the Roadmap to the Future Kubas states this has been a busy time with developing and fine tuning strategies. Three public meetings have been held to define strategies to include in the comp plan. Two community surveys to define needs of the community have been taken. KLJ is waiting for population and employment projections from NDSU. Kubas presents the upcoming deliverables which include the modeling of the existing water system, coordination with Apex on modeling of the existing sewer system; and modeling of the existing transportation system. They are working on coordination of selection of sustainable population projection and development of alternative future development services. KLJ is trying to find impacts and cost of improving sewer,

4 water and transportation system and this will be the meat of the report. Kubas states there will be two more public meetings prior to the final report. NON-TIMETABLE AGENDA 4. GENERAL ISSUES/FINANCE A. FINANCIAL REPORT THROUGH FEBRUARY Finance Director Tina Johnson presents the financial report through February, Johnson also stated the 2010 audit report was received a few weeks ago. The 2011 audit contract which will be presented soon will have a deadline listed in it. MOTION BY: Klayton Oltmanns SECONDED BY: Joe Frenzel To accept the February, 2012 Financial Report as presented. B. DUI BLOOD ALCOHOL LEVEL City Attorney Matt Kolling presents a proposed DUI blood alcohol level ordinance to the City Commissioners. This code would come into compliance with the ND Century Code and would lower the.10 blood alcohol level to.08. President Johnson asks for public comment. Hearing no public comment the following motion was made. MOTION BY: Gene Jackson SECONDED BY: Carson Steiner To approve the second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING AND RE-ENACTING SECTION OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY OTHER DRUGS OR SUBSTANCES NOT TO OPERATE VEHICLE PENALTY. C. BULK WATER PERMITS City Administrator Shawn Kessel presents the bulk water permits to the Commission. They include permits for Hamm Phillips, Denbury Onshore, LLC, Missouri Basin Well Service and Ulm Corporation. Kessel did visit with Ulm and

5 they misunderstood the bulk water application and they do not need this bulk water permit, Ulm will continue to use our water vendor. Kessel has visited with SW Water, Mary Massad and she states if there are upgrades to the system at any time the City will need to ask the bulk water users to refrain from using the water for a short period of time. Kessel does recommend approving the three bulk water applicants. MOTION BY: Gene Jackson SECONDED BY: Joe Frenzel To approve bulk water applications for Missouri Well Basin, Denbury Onshore, LLC and Hamm & Phillips. D. CITY LAND BID PROCESS City Administrator Kessel presents an outline for a bid process for about 95 acres of land on the south side of town. The City currently owns 160 acres of land in this area but some is reserved for a land fill, fire training site and cemetery. Kessel states if the process is approved the land will be advertized. A master plan for this project would be required with the bid. City Attorney Kolling expressed some concern on the bid form. Kolling would like to weigh factors when the bids come in. Kolling states home rule would allow the City Commission to dispose of property the best way for the City. The City does have the ability to supersede century code in some situations and could award the bid to a lower bidder rather than selecting the highest bidder. Commissioner Jackson is concerned about the successful bidder seeing certain guarantees for zoning, platting guarantees, amount of R3, etc. Kolling feels it is good to inform bidders that this purchase is not entitlement to zoning or platting. All processes will have to be completed through the Planning and Zoning Commission and this language may want to be included in the bidding process. Commissioner Jackson would like to request a financial statement from the bidder to ensure they are capable of completing the process. This would give the City some assurance that the ground is not going to sit there forever. Jackson is also asking for some incentives or disincentives and what would the City do if this land is not developed. Kolling feels the bidding process may not be the way to go as once the land is purchased the developer may do what they wish with the land and the City would have no control over the development. Commissioner Frenzel is concerned about the minimum bid and the listing of the minimum bidding. He is wondering what the reasonable amount for a minimum bid would be.

6 City Planner Courton feels that part of the bidding process would be for the developer to provide the City with a master plan. There would be 120 days contingency clause before implementing. Then the developer can get the rezoning finalized President Johnson would like to also add language to be able to audit the developer s financial statement. Johnson would like to push the date back to April 16, He would like for a draft to be presented in two weeks and the vote to take place on the 16th of April. The proceeds from this land sale would be placed in the Future Fund. E. REPORTS 1. Letter to Larry Gangl, NDDOT City Administrator Shawn Kessel presents a letter that was submitted to NDDOT requesting a tree buffer for the Highway 22 project. 2. ND Political Subdivisions Bonded Indebtedness Administrator Kessel presents information regarding ND Political Subdivisions Bonded Indebtedness. Kessel is confident that Dickinson is financially secure as compared to other cities such as Williston, West Fargo, etc. Per capita debt is $175. Kessel states the future projects are the wastewater treatment facility, public works building along with the public safety center. 3. Design Policy Change Related to Park Dedication in New Plats Administrator Kessel informs the Commission a joint meeting was held with the Planning and Zoning and City Commissioners to discuss the strategies in regards to the preservation of quality of place. Ensuring adequate park facilities was a major point of discussion resulting in some possible changes to this ordinance. A meeting will be set up to discuss the park matter further and the ordinance will be brought to the City Commission for a second reading at a later date. 5. PUBLIC SAFETY A. Fire Department Fire Prevention Specialist Deb Barros presents the February, 2012 Dickinson Fire Department report. In the report Barros shows an increase in responses, presents the training for the month to include firefighters attending training in Minot. She also congratulated Larry Callahan, Assistant Fire Chief for receiving the Firefighter of the Year award. Barros would like to recognize Larry for his accomplishments and for his dedication. She does inform the citizens that open burning is not allowed

7 in the City limits. Allowed are patio fireplaces and charcoal grills. She warns the citizens also of the fire danger index and that no burning is allowed when it is high. B. Police Department Police Chief Dustin Dassinger presented the February, 2012 Police Department Monthly Report. This report showed 614 traffic stops for the month of February. Dassinger states in January 2012 a truck enforcement officer was hired and through February he has had 67 truck stops with 36 weighed and 13 overweight and fined. This total also included 31 truck stops for permit check or equipment violation. Dassinger did attend the National FBI Bakken Law Enforcement Summit and received information in regards to the criminals that are coming to this area to include drug trafficking and organized prostitution. Nick Gates received the 2011 Traffic Safety Officer award. President Johnson would like future reports on the more serious crimes in the community with the statics. Johnson feels the Police Department is run by good leaders. Chief Dassinger feels the community has some anxiety but Dickinson is still safe to live in. Commissioner Jackson states Dickinson is really lucky to have the Police Department and the Fire Department that Dickinson has and the staff along with the volunteers that citizens should feel safe. 6. PUBLIC WORKS/PLANNING A. Corridor Overlay District City Planner Ed Courton explains the new chapter to the Zoning Code which is intended to enhance the standards for buildings, landscaping and other improvements constructed on properties bordering and within the identified road corridors. These requirements will encourage high quality design and promote quality, scale and character development consistent with existing and planned uses bordering within the designed road corridors. Courton does list the streets that it will affect. President Johnson asks for public comment. Hearing none the following motion was made. MOTION BY: Gene Jackson SECONDED BY: Klayton Oltmanns To approve the second reading and final passage of Ordinance No. 1454

8 ORDINANCE NO AN ORDINANCE ENACTING SECTION , , , , AND OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO CORRIDOR OVERLAY DISTRICTS B. Rezoning Petitions 1. Roers Development - S1/2 of Section 31, T140N, R96W City Planner Ed Courton presents the Rezone Petition request from Roers Development and it is from AG to R-2, R-3, P & GC. The property is situated in the NW quadrant of Exit #59 in the South Half of Section 31, Township 140N, Range 96W. The property is +/- 168 acres. The Planning and Zoning Commission and City staff recommend approval with one recommended condition: One prior condition was to approve this second reading relative to annexation and the developmer is working with the City on this matter. Courton estimates 400 apartments for this project. President Johnson asks for public comment. Hearing none the following motion was made. MOTION BY: Carson Steiner SECONDED BY: Joe Frenzel To approve the second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCK OR TRACTS OF LAND WITHIN THE CITY LIMITS, CITY OF DICKINSON, NORTH DAKOTA. 2. Dickinson Energy Park - State Avenue and 21 st Street West Courton presents a Rezone Petition request from AG to R-3 for the property located westerly of State Avenue and southerly of 21 st Street West in the NE1/4 of Section 32, Township 140N, Range 96W. The site is +/- 16 acres. The Planning and Zoning Commission and City staff recommend approval. There was one condition for approval relative to annexation. At this time the developer has been

9 working with the City on this matter. Approximately 278 apartment units would be developed. President Johnson asks for public input. motion was made. Hearing no comment the following MOTION BY: Gene Jackson SECONDED BY: Klayton Oltmanns To approve the second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCK OR TRACTS OF LAND WITHIN THE CITY LIMITS, CITY OF DICKINSON, NORTH DAKOTA. 3. Sullivan Construction Country Oaks Estates City Planner Ed Courton presents the rezoning petition which is requesting to change from an R2 to R3 for Lots 1-21, Block 4, Country Oaks Estates 2 nd Addition. The site is located northerly of the Century apartments and westerly of 10 th Avenue West. Courton states the Planning and Zoning Commission and City staff recommend approval. Courton states there are no changes from the first reading and there would be approximately 90 apartment units created from this project. President Johnson asks for public comments. Hearing none the following motion is made. MOTION BY: Carson Steiner SECONDED BY: Gene Jackson To approve the second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCK OR TRACTS OF LAND WITHIN THE CITY LIMITS, CITY OF DICKINSON, NORTH DAKOTA.

10 Commissioner Jackson figures approximately 750 apartment units were approved this evening. He would like to see a monthly report on the number of apartments approved monthly. Jackson would like to see the number of commercial lots in the future also. C. Reports; 1. Code Enforcement Report, February, 2012 City Planner Ed Courton presents the monthly Code Enforcement Report which shows the new construction has significantly increased by the end of February. The total value has doubled since last year to a total value of $16 million. Courton presents the report for informational purposes. City Planner Courton states there are a significant number of single family structures being developed in Koch s, Diamond Acres, and Painted Canyon and throughout States Addition. There are also several commercial site plans that have been approved such as Border States Electric, etc. Courton does hold a weekly meeting on Wednesday afternoons to review infrastructure items in the City. 7. CITY COMMISSION 1. Code Enforcement Concern Commission Steiner discusses some code enforcement issues. He presents some pictures with code enforcement issues near Senior Avenue. Several violations were presented such as illegal hookup of satellite TV, cords running from vans to the house, several vehicles at the house, and others. Steiner is concerned of the safety issues on this property. Steiner also reports there are other health violations such as urinating in public, individuals are brushing their teeth and spitting on the sidewalk, etc. Captain Dassinger states there are several violations that these individuals can be ticketed for. They do allow vehicles to park in one spot for 48 hours. At that time they are given a warning and then if they are not moved within 48 hours they can be towed. Dassinger states this is a code enforcement issue and tough to monitor. The Police Department is working with the Fire Department and code enforcement to get in control of these matters. City Attorney Kolling feels the current ordinance is sufficient authority for code enforcement to deal with these issues. This code prohibits parking on City streets for more than 48 hours. Also prohibits commercial vehicles from overnight parking. Kolling states the code is already in place and personnel need to check those areas. He asks the citizens to notify code enforcement or the Police

11 Department and to generate a complaint. This complaint will then go to municipal court. Commissioner Steiner would like to see this issue hit hard as the City cannot have citizens complaining about these issues. Commission Jackson feels the City needs to be careful in watching this so that some people are not penalized such as grandparents when they are visiting, etc. Jackson does agree with Commissioner Steiner. Jackson feels that people should have common sense when it comes to these issues but periodically a block ad in the newspaper or on Channel 19 would help notify the public. Commissioner Steiner feels the public should be educated but he feels that people are not ignorant and know that this is illegal. City Planner Courton feels this issue falls under the property maintenance code along with the trash and debris. The City will be hiring seasonal staff to help out during this time of the season with high grass, etc. Courton states there is a long process to prosecute for these violations. Fire Prevention Specialist Deb Barros states if they were informed of this location they would find out what the product is that is in the holding tank, extension cord usage, etc. These cases will need to be reviewed case by case. Captain Dassinger will have a police officer review the 48 hours parking and also for being on the sidewalk. He also would like to inform the community they should call and report any incidents such as these. 8. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA Commissioner Jackson is asking for individuals such as summer help, service clubs, schools and others to volunteer to clean up the garbage around Dickinson. Jackson feels everyone should help clean the city. Jackson states there is a lot of construction going on and there is a lot of construction litter. He is asking contractors, developers and those involved with the projects to clean their sites. Commissioner Steiner also states that downtown Dickinson has a lot of garbage flying around and this area also needs to be addressed. Deb Barros states an organizational meeting for spring clean up will be forthcoming. The Fire Department has been contacted by Marathon and it is a State effort to get every community to host or organize spring clean up and participate on the local level to help clean up the City.

12 ADJOURNMENT MOTION BY: Carson Steiner SECONDED BY: Joe Frenzel For adjournment of the meeting at approximately 7:00 PM. DISPOSITION: Roll call vote Aye 5, Nay 0, Absent 0.. OFFICIAL MINUTES PREPARED BY: Rita Binstock, Assistant to City Administrator APPROVED BY: Shawn Kessel, City Administrator Dennis W. Johnson, President Board of City Commissioners Date: