REGULAR MEETING DICKINSON CITY COMMISSION APRIL 4, 2005 I. CALL TO ORDER President Dennis W. Johnson called the meeting to order at 5:15 P.M. II. ROLL CALL Present were: President Dennis W. Johnson, Commissioners Joe Frenzel, Bill Reitmeier, Rhonda Dukart and Carson Steiner STANDARD MOTIONS 1. ORDER OF BUSINESS MOTION BY: Rhonda Dukart SECONDED BY: Joe Frenzel to approve the April 4, 2005 Order of Business as presented. DISPOSITION: Motion carried unanimously. 2. CONSENT AGENDA MOTION BY: Bill Reitmeier SECONDED BY: Rhonda Dukart A. Approval of minutes of regular meeting dated March 21 and special meeting dated March 24, 2005; B. Approve Joint Powers Agreement with County for Public Library Facility; C. Approve Gaming Site Authorization for American Wildlife Federation at the Queen City Club and Esquire Club for 7-1-05 to 6-30-06; D. Approve sponsorship of Impact Study for Metroplains Development; E. Approve Loan Agreement with the Department of the Air Force for airplane located at Young s Park; F. Authorization to reject bid from JWC Environmental for Water and Sewer Department Dewatering Press; G. Approve West Plains Electric Lighting Agreement for Brannin Subdivision. TIMETABLE AGENDA NON-TIMETABLE AGENDA 4. GENERAL ISSUES/FINANCE A. INTRODUCTION AND OATH OF OFFICE FOR TRAVIS LEINTZ Police Chief Rummel introduced Police Officer Travis Leintz. City Administrator Sund presented the Oath of Office and welcomed Police Officer Leintz.
B. CITY-OWNED PROPERTY PRICING ADJUSTMENT Sund suggested an alternative to increasing the prices on the city owned lots. He recommended the City Commission remove prices from commercial and industrial lots and undeveloped land and allow the Real Estate Committee to negotiate a market price. He stated all offers would be forwarded to the City Commission for final consideration. He also noted he did not recommend increasing prices on residential lots as there are minimal lots available and felt it appropriate to encourage the sale of those lots. Commissioner Frenzel stated that in order for the Real Estate Committee to determine market value they would use historic data which is tainted by city sales. Frenzel stated he felt there was need to establish asking prices even if they are too high as the market place would then establish a value without city sales influence. Commissioner Reitmeier stated he favored the recommendation of City Administrator Sund as he did not feel it was beneficial for the City of Dickinson to be a holder of property. He stated by over pricing lots we are doing an injustice to the citizens and taxpayers of Dickinson. He stated currently there is little to no demand on residential property in Gress Addition, yet the current price of 15 cents per square foot is being recommended to increase to 80 cents per square foot. Dukart referenced past documentation received from City Engineer Shawn Soehren and noted costs to develop undeveloped property and the 15 cents to 25 cents per square foot asking price on city owned property does not recover improvement costs, therefore recommended increasing lot prices based upon Commissioner Frenzel s recommendations. Commissioner Steiner recommended approving lot prices in the middle of those recommended. MOTION BY: Joe Frenzel SECONDED BY: Carson Steiner to increase city owned lot prices on residential and commercial property as proposed in the handout dated January 2005 effectively immediately. DISCUSSION: Steiner reiterated that should a real estate offer be submitted below list price, the Real Estate Committee would review, negotiate and recommend a price with the City Commission having final approval/denial authority. Commissioners noted that if someone is currently negotiating a sale with the City, the price remains, but for all other lots the new prices would become effective tomorrow. DISPOSITION: Roll call vote...aye 3 (Steiner, Frenzel, Dukart), Nay 2 (Johnson, Reitmeier), Absent 0. C. BOARD OF EQUALIZATION MEETING City Assessor Jan Riesinger requested Commission approval to extend scheduling the Board of Equalization meeting from April 5 to April 18, 2005 at 4:00 PM. MOTION BY: Joe Frenzel SECONDED BY: Rhonda Dukart to schedule the annual Board of Equalization meeting on Monday, April 18, 2005 at 4:00 PM.
D. HISTORIC ELKS BUILDING ROOF REPAIR Construction Manager, Tracy Tooz stated he received quotes for replacement of the roof on the Historic Elks Building and recommended proposal #2 from Twin City Roofing of Dickinson. He stated there are two methods for repairing the roof and recommended using the rubber roof with EPDM flashing membrane versus tarring the roof. He stated the roof would have a 10-year warranty which is more than using the felt/tarring method. MOTION BY: Rhonda Dukart SECONDED BY: Carson Steiner to approve quote #2 from Twin City Roofing, Dickinson, to place a ½" high-density recovery board mechanically fastened to deck with screws and plates with 60 mil rubber roof with 60-mil EPDM flashing membrane and 24 gauge metal fascia with a 10-year warranty in the amount of $23,969. E. ALCOHOLIC BEVERAGE CODE AMENDMENT Sund stated a second meeting was held with liquor license holders regarding the proposed amendment which references revocation of liquor licenses. He stated one question raised at the meeting was when the ordinance would take effect and whether it would include the violations that occurred in fall 2004. President Johnson asked if there was anyone in the audience who wished to speak in regard to the ordinance. Bernie Marsh, owner of the Esquire Club, addressed the commission questioning whether the past violations would apply to the proposed ordinance. He also stated he had concerns that compliance checks could be used to set up licensees versus notification of needed changes. Commissioners Dukart and Frenzel stated it was their recommendation that the ordinance become effective after final reading and previous violation not apply. President Johnson addressed Police Chief Rummel and stated it was his recommendation that compliance checks in the future be conducted by the Police Department. Rummel stated since the last compliance checks were conducted, they have attended a seminar and in the future compliance checks will be done different and done by law enforcement. He stated they are not intended to be a trick or set up. MOTION BY: Bill Reitmeier SECONDED BY: Joe Frenzel for first reading (and waiver thereof) of Ordinance No. 1296 Commissioners determined a public hearing regarding Ordinance No. 1296 would be held at the April 18 th meeting with possible consideration of second reading and final passage depending upon public comment. F. ESTIMATE OF BAKER BUILDING IMPROVEMENTS FOR TAXI OPERATION Skip Rapp referenced cost estimates for repair of the Baker Building with the intent of providing the Taxi Company space in the building. He stated estimated costs are $5,910 which included utilizing city staff to conduct some of the repairs. MOTION BY: Carson Steiner SECONDED BY: Rhonda Dukart
to authorize City staff proceed with the repairs to the Baker Building in the amount of $5,910. DISCUSSION: Skip Rapp stated costs for the repairs were not budgeted and questioned where funds would be obtained. After commission discussion, it was noted no budget amendment would be made at this time with budgets to be reviewed prior to year end. Sund stated funds could be obtained from contingency. Reitmeier suggested Sund contact NDDOT regarding a possible 80/20% grant split. DISPOSITION: Roll call vote...aye 5, Nay 0, Absent 0. G. REPORT 1. Technology Update: Director of Finance and Administrative Services, Tim Kessel, updated the commission on technology actions and plans. He stated his goal is to provide better resources to employees to enable them to communicate effectively and efficiently. He stated he purchased two desktop computers to be used at City Hall and are completing an audit of all computer hardware and software to determine specific needs. He stated $6,500 has been budgeted for computers in 2005. He stated he is currently looking at several changes in software including HTE and special assessments. 5. PUBLIC SAFETY 6. PUBLIC WORKS - ENGINEERING A. RESOLUTION RECEIVING ENGINEER S REPORT FOR THE 2005 SEAL COAL IMPROVEMENT DISTRICT City Engineer Shawn Soehren requested City Commission approval of the engineer s report for the 2005 Seal Coat Improvement District. He stated the project is estimated to cost $290,000 and as in the past 40% of that would be special assessed which would be approximately $116,000 with a typical assessment being $120 to $150 which if paid over a period of five years may equal $30 to $40 per year with interest. MOTION BY: Bill Reitmeier SECONDED BY: Carson Steiner to authorize introducing Resolution 10-2005 for adoption: RESOLUTION NO. 10-2005 A RESOLUTION RECEIVING THE ENGINEER S REPORT FOR THE 2005 PORTION OF THE TEN-YEAR SEAL COAT IMPROVEMENT DISTRICT AND APPROVING THE SAME. B. RESOLUTION DIRECTING ENGINEER TO PREPARE PLANS AND SPECIFIC- ATION FOR 2005 SEAL COAT PROJECT City Engineer Shawn Soehren requested authorization to prepare plans and specifications for construction of the 2005 Seal Coat Improvement District. He stated the City will chip
seal the SW area of Dickinson in 2005 which includes the area south of Villard and West of Highway 22 MOTION BY: Carson Steiner SECONDED BY: Rhonda Dukart to authorize introducing Resolution No. 11-2005 for adoption: RESOLUTION NO. 11-2005 A RESOLUTION DIRECTING ENGINEER FOR THE CITY OF DICKINSON TO PREPARE DETAILED PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE 2005 PORTION OF THE IMPROVEMENT PROJECT DESIGNATED AS TEN-YEAR SEAL COAT IMPROVEMENT DISTRICT. C. REPORT: 1. State Addition Planning Meeting: City Engineer Soehren reminded the Commission of the State Addition Planning Study Meeting that will be held Wednesday, April 13, 2005 at 7:00 PM at City Hall. 7. PUBLIC WORKS - MAINTENANCE AND UTILITIES: A. 2004 ANNUAL STORM WATER REPORT Public Works Manager, Skip Rapp, requested commission approval of the 2004 Annual Storm Water Report that is required for the Phase II Storm Water regulations. He stated the report will be sent to the State/EPA. MOTION BY: Rhonda Dukart SECONDED BY: Carson Steiner to approve the 2004 Storm Water Annual Report as presented. 8. ADMINISTRATION: A. CITY ADMINISTRATOR REPORT: 1. Alcoholic Beverage Ordinance Meeting: Sund referenced the alcoholic beverage ordinance draft. He stated the ordinance draft addressed numerous changes. He stated discussion was held in regard to the appropriate method of charging annual renewal fees for the licensee which has two buildings and others that operate separate liquor store and bar areas in the same building. He stated most of the meeting attendees did not have a problem with allowing two or more contiguous sites and did not feel additional fees should be charged. Reitmeier suggested the definition of a common wall be used as the determining factor of whether two locations would be permissible. He stated there may be a need to add a grandfathering clause in the ordinance to allow Army s/budget Liquor. Sund stated it was his recommendation to eliminate the
portion of current code that requires clubs/lodges to only sell to members only and also eliminate the ability for off-sale. He stated there was some objection from the clubs with the possible elimination of off-sale. Commissioners, Reitmeier, Dukart and Frenzel suggested the club membership requirement be removed from the ordinance, while keeping the ability to sell off-sale. Sund said he plans to introduce the ordinance for first reading on April 18. 2. Great Open Spaces City/County Management Association Meeting: Sund stated he would be attending the annual GOSCMA conference in Casper, Wyoming, April 6-8, 2005. Sund stated GOSCMA is an affiliate group of ICMA. 3. Notice of Eligibility for Rural Development Housing Program: Sund stated he received a notice from USDA/Rural Development regarding fund availability for the Section 515 Rural Rental Housing Program. President Johnson stated he received a call from Area Director, Steven Lervick of USDA stating the letter was mistakenly sent to Dickinson but that they were not eligible for the funding. President Johnson requested Sund contact Mr. Lervick. 4. State Water Funding Needs: Sund referenced a handout received from the ND Water Users which listed the statewide water funding needs for 2005-2007. 5. West River Community Center - Tennis Addition: Sund referenced information provided by James Kramer regarding the proposed Tennis Court addition to the Community Center. Sund stated James Schwartz of the Tennis Association noted they have raised approximately $105,000 to assist in the cost of constructing the courts. Sund stated Kramer estimates the Park District being able to participate with $50,000 toward the project. Estimates for the project were $666,993 for three courts along with $48,700 for architect fees for a total of $715,683, less $105,000 from the Tennis Association and $50,000 from the Park District leaving a net to the City in the amount of $560,683. Reitmeier asked Sund to explain to the public where the moneys would come from for the project. Sund noted moneys would be received from the City Sales Tax III fund. Johnson stated originally the Tennis Association proposed building two tennis courts at the estimated cost of $350,000 whereas the proposal in the meeting packet shows three. Therefore further discussion will need to be held prior to money commitment. 6. Other: Sund stated the sale of land to Wal-Mart was anticipated to close on Tuesday, April 5th. 9. ACCOUNTS PAYABLE AND PAYROLL: MOTION BY: Carson Steiner SECONDED BY: Rhonda Dukart to approve the accounts payable as presented with accounts payable numbers 56,297 to 56,441 and payroll check numbers 32,736 to 32,805 in the amount of $308,260.37. Said list is available in the Accounting Office.
10. CITY COMMISSIONERS REPORTS: 11. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA: ADJOURNMENT MOTION BY: Bill Reitmeier SECONDED BY: Carson Steiner for adjournment of the meeting at 6:50 PM DISPOSITION: Motion carried unanimously. OFFICIAL MINUTES PREPARED BY: Cindy Selinger, Assistant to City Administrator APPROVED BY: Greg Sund, City Administrator Dennis W. Johnson, President Board of City Commissioners Date: