REGULAR MEETING DICKINSON CITY COMMISSION July 18, I. CALL TO ORDER President Scott Decker called the meeting to order at 4:30 PM.

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1 REGULAR MEETING DICKINSON CITY COMMISSION July 18, 2016 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 Klayton Oltmanns, Carson Steiner and Sarah Jennings. Absent: None 1. ORDER OF BUSINESS To approve the July 5, 2016 Order of Business as presented but to remove the 5:00 p.m. time table and replace with Commission Appointment Candidate Presentations. DISPOSITION: Motion carried unanimously. 2. CONSENT AGENDA MOTION BY: Sarah Jennings A. Approval of meeting minutes from June 28, 2016 and July 5, 2016 B. Approval of Accounts Payable (via ) C. Approval of Martin Construction Wastewater Agreement D. Approval of Parking Lot Paving. 3. TIMETABLE AGENDA 5:00 P.M. COMMISSION APPOINTMENT CANDIDATE PRESENTATIONS City Administrator Shawn Kessel presents candidates whom would like to fill the vacant Commission spot until the Special Election in November. Peggy O Brien states she has been born and raised in Dickinson ND. She has two children and 3 sisters. Ms. O Brien works hard and plays hard. She is currently the Prairie Hills Mall Manager for the past 9 years. She would contribute to the quality of life for Dickinson. Ms. O Brien would like to see more community outreach as results matter. Ms. O Brien states that she plans to run for City Commission this November.

2 Jason Fridrich also states he has been born and raised in Dickinson, ND. He has three children. He has owned Legend Homes Inc., in Dickinson, since Mr. Fridrich does have a strong business background with owning his own business. He has been on the K of C, Elks, Chamber of Commerce and other boards. His experience lies in the experience and education and has a lot to offer for the Dickinson residents. Mr. Fridrich states Dickinson is on the right path and continues for future growth. Mr. Fridrich also states an intention to run for City Commission this November. City Administrator Shawn Kessel reads a letter from Mike Lefor who is interested in being appointed to the Commission seat until November Mr. Lefor does not have any intentions of running for election in November. Mr. Lefor does serve as a Legislator and also serves or has served on the hospital board along with the Parks and Rec board. President Scott Decker does favor Mr. Lefor as he feels someone who is not going to run in November should be placed on the board now. Commissioner Scott Decker also favors Mr. Lefor as he has a financial background and at this time the City will be working on the budget. Commissioner Sarah Jennings feels the City has not advertised enough to fill the position and that Mr. Lefor is not going to run in November she does also favor him filling the position. Commissioner Klayton Oltmanns states the City cannot go wrong with any of the three and it does not matter to him if they run in November or not. SECONDED BY: Sarah Jennings To nominate Mike Lefor to fill the vacant seat until special election is held in November. Mr. Lefor will be installed at the August 1 st meeting. 4. GENERAL ISSUES/FINANCE A. Dickinson Convention and Visitors Bureau City Administrator Shawn Kessel presents a recommendation for appointment of Elaine Myran to the Dickinson Convention and Visitors Bureau. Ms. Myran has been service on the Board for quite a few years and would like to continue to do so. MOTION BY: Klayton Oltmanns SECONDED BY: Sarah Jennings

3 To approve to appointment of Elaine Myran to the Dickinson Convention and Visitors Bureau Commission. B. Mission, Vision and Values City Administrator Shawn Kessel states City Commissioners gathered at a training to review the City s mission, vision and values. City Administrator Shawn Kessel does thank the Commissioners for taking the time to come to the training. President Scott Decker states it was a great 1 ½ days of training and feels the City is moving in the right direction. Commissioner Carson Steiner also states it was an exceptional training and as the community grows the mission statement will fit the City well. Commissioner Sarah Jennings states this training was extremely helpful in deciding the path for the City of Dickinson. City Administrator states this mission, vision and values will be presented and discussed at the next city commission meeting. C. Vacated Commission Position Moved to 5:00 p.m. time table. City Attorney Haylee Cripe states Robert Rules until the election in November does allow the President of the Commission all voting rights. In case of a tie the President will ask for a reconsideration of a vote. The President can also second a motion. D. Reports 1. 2 nd Quarter Safety Report City Administrator Shawn Kessel presents the Second Quarter Safety Report which has 14 employee incidents with 7 needing medical attention. Two of the incidents were related to city property. Mr. Kessel states Fire Chief Bob Sivak does review all incidents. MOTION BY: Klayton Oltmanns SECONDED BY: Sarah Jennings To approve to Second Quarter Safety Report.

4 2. Extension of Interim City Attorney Contract with Mackoff Kellogg Law Firm City Administrator Shawn Kessel states an extension for the City Attorney contract has begun with Mackoff Kellogg Law Firm. There will be a Civil Service hearing in August in regards to the formal City Attorney. Mr. Kessel does believe the city will need the full 2-14 day extensions. 3. Thank you note South Heart Senior Citizens Provided for informational purposes only. 5. PUBLIC SAFETY A. Fire Department A. Reports 1. None B. Police Department A. Reports: 1. None 6. ENGINEERING A. Task Orders from KLJ 1. Amendment to KLJ Task Order No. S-11 for Design and Construction Management of 19 th Street W and modification to median on 30 th Avenue Assistant City Engineer Loretta Marshik presents an amendment for the addition of 19 th Street W. to the 29 th Ave W project near the new middle school. The total project length increased from 1320 to 1980 feet. Additional work included securing an NDSU easement, Conoco Philips lease road modifications, NDDOT approach permits and 30 th Ave W Median modifications. Staff recommends approval. SECONDED BY: Sarah Jennings To approve to KLJ Task Order No. S-11 for Design and Construction Management of 19 th Street W and modification to median on 30 th Avenue 2. Amendment to KLJ Task Order No. S-8 for Fisher East Side Second Subdivision Special Improvement District

5 City Engineer Craig Kubas presents an amendment for the addition of construction engineering. Since this project was scoped as a special improvement district, the original contract didn t include construction inspection because there was a chance that the project would be protested out. Since the construction agreement has been awarded, we are bringing the amendment forward to include construction engineering. Staff recommends approval. To approve to KLJ Task Order No. S-9 for Fisher East Side Second Subdivision Special Improvement District. 3. Amendment to KLJ Task Order No. S-7 for Koch meadow Hills Lighting Special Improvement District City Engineer Craig Kubas presents an amendment for the addition of construction engineering and an increased project area. The project was originally scoped to install lighting in the Koch Meadow Hill s 1 st 4 th Additions. It was subsequently noted that the Country Oak Estates 2 nd Addition was partially without lighting as well. The project area increase is approximately 35%. Since this project was scoped as a special improvement district, the original contract didn t include construction inspection because there was a chance that the project could have been protested out. Since the construction agreement has been awarded, we are bringing the amendment forward to include construction engineering for the entire area including Koch s and Country Oaks. Staff recommends approval. To approve to KLJ Task Order No. S-7 for Koch Meadow Hills Lighting Special Improvement District. 4. KLJ Change Order #1 for 40 th Street West Water Improvement Assistant City Engineer Loretta Marshik presents a change order for the inclusion of culvert installations near the State Ave intersection. Stark County is constructing a project that will ultimately pave the intersection of State Ave and 40 th St and will pave the extension of State Ave (112 th Ave SW) a mile north to connect to the Truck Bypass Route. To facilitate better construction we request that the 4 drainage culverts be installed by the city s contractor (Knife River Corp.) instead of by the County s Contractor. If

6 installed by the county we would need to remove and reset the south half of the culverts because the City s water main goes underneath all four culverts. The county has agreed to construct the pavement for the entire intersection. Staff believes this will be a win-win for the county and the city and recommends approval. To approve to KLJ Task Order No. 1 for 40 th Street West Water Improvement. 7. PUBLIC WORKS A. Change Order for Lift Station #5 Public Works Director Gary Zuroff presents a Change Order 3 for Lift Station #5-This is the final cumulative change order for Lift Station #5. The majority of the change is for incorrect elevations that were shown on the existing 6 inch force main. The total for this change order is $22,838 and staff recommends approval. SECONDED BY: Sarah Jennings To approve Change Order for Lift Station #5. 8. PLANNING A. Rezoning Petition 1. TCB Rentals, LLC Community Commercial and General Commercial to General Commercial (enc.) Planning Director Walter Hadley presents a request for a Rezoning Petition from Community Commercial and General Commercial to General Commercial. The site is generally located in a portion of Lot 1, Block 1 of the Kum & Go Subdivision located in W ½ of the SW ¼ of Section 2, Township 139N, and Range 96W and is +/-0.98 acres. The Planning and Zoning Commission and City staff recommend approval. This will be the second reading for the proposed rezoning. President Scott Decker asks for public comment. Hearing none the following motion is made. To approve second and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP

7 FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE ZONING JURISDICTION OF THE CITY OF DICKINSON, NORTH DAKOTA. 2. TCB Rentals, LLC Community Commercial and Low Density Residential to Community Commercial (enc.) Planning Directors Walter Hadley presents a Rezoning Petition from Low Density Residential and Community Commercial to Community Commercial. The site is generally located in portions of Lots 1and 2, Block 1 of the Kum & Go Subdivision located in W ½ of the SW ¼ of Section 2, Township 139N, Range 96W and is +/-3.43 acres. The Planning and Zoning Commission and City staff recommend approval. This will be the second reading for the proposed rezoning. President Scott Decker asks for public comment. Hearing none the following motion is made. MOTION BY: Sarah Jennings To approve second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE ZONING JURISDICTION OF THE CITY OF DICKINSON, NORTH DAKOTA. 3. Donald Gerber From AG to Rural Residential (enc.) Planning Director Walter Hadley presents a request for a Rezoning Petition from Agriculture to Rural Residential. The site is generally located in Lot 3 and the South ½ of the NW ¼ of Section 5, Township 139N, and Range 95W and is +/ acres. The Planning and Zoning Commission and City staff recommend approval. This will be the second reading for the proposed rezoning. President Scott Decker asks for public comment. Hearing none the following motion is made.

8 SECONDED BY: Klayton Oltmanns To approve second reading and final passage of Ordinance No ORDINANCE NO AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE ZONING JURISDICTION OF THE CITY OF DICKINSON, NORTH DAKOTA. B. Final Plat Red Sky Subdivision (Donald Gerber) Planning Director Walter Hadley presents a Final Plat for the Red Sky Subdivision. The site is generally located in Lot 3 and the Southern ½ of the NW ¼ of Section 5, Township 139 N, Range 95 W. The site is +/ Acres. The Planning and Zoning Commission and City staff recommend approval. Adopt Resolution RESOLUTION NO. _ A RESOLUTION APPROVING FINAL PLAT ENTITLED RED SKY SUBDIVISION STARK COUNTY, NORTH DAKOTA. 9. BUILDING A. Reports: 1. None 10. COMMISSION None 11. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA 12. ADJOURNMENT MOTION BY: Klayton Oltmanns SECONDED BY: Scott Decker Adjournment of the meeting at approximately 5:30 PM.

9 DISPOSITION: Roll call vote Aye 4, Nay 0, Absent 0. OFFICIAL MINUTES PREPARED BY: Rita Binstock, Assistant to City Administrator APPROVED BY: Shawn Kessel, City Administrator Scott Decker, President Board of City Commissioners Date: August 15, 2016

REGULAR MEETING DICKINSON CITY COMMISSION June 20, I. CALL TO ORDER President Gene Jackson called the meeting to order at 4:30 PM.

REGULAR MEETING DICKINSON CITY COMMISSION June 20, 2016 I. CALL TO ORDER President Gene Jackson called the meeting to order at 4:30 PM. II. ROLL CALL Present were: Absent: President Gene Jackson, Commissioners