REGULAR MEETING DICKINSON CITY COMMISSION MARCH 16, 2009 I. CALL TO ORDER President Dennis W. Johnson called the meeting to order at 5:15 PM. II. ROLL CALL Present were: President Dennis W. Johnson, Commissioners Carson Steiner, Gene Jackson, Shirley Dukart and Joe Frenzel STANDARD MOTIONS 1. ORDER OF BUSINESS To approve the March 16, 2009 Order of Business as presented. DISPOSITION: Motion carried unanimously. 2. CONSENT AGENDA MOTION BY: Gene Jackson SECONDED BY: Joe Frenzel A. Approve minutes of regular meeting dated March 2, 2009; B. Approval of Laboratory Service Agreement with North Dakota Department of Health; TIMETABLE AGENDA 5:30 PM PRESENTATION OF RESOLUTION TO MITCHELL HINTZ Administrator Shawn Kessel introduced Mitchell Hintz a junior at Dickinson High School. Hintz is a distinguished finalist of the Prudential Spirit of Community Award for his help in raising nearly $48,000 over the last four years with the Great American Bike Race, which benefits individuals with cerebral palsy. Kessel stated the funds raised assist or pay for medical expenses not covered by insurance. President Johnson stated the Commission would like recognize Mitchell Hintz with the following resolution. President Johnson read the resolution. To authorize introducing Resolution 04-2009 for adoption. RESOLUTION NO. 04-2009 A RESOLUTION HONORING MITCHELL HINTZ AS A DISTIGUISHED FINALIST FOR THE SPIRIT OF COMMUNITY AWARD. Mitchell Hintz thanked the community, stating he could not have done it without their support. 5:45 PM NEW & EXPANDING BUSINESS EXEMPTION BUTLER MACHINERY City Assessor Jan Zent stated she had received a request from Butler Machinery for a property tax exemption. Zent reported her memo breaks down the valuation and the proposed exemption. Zent stated she recommends approval of the exemption as she believes it follows the criteria set forth by the City Commission. Commissioner Dukart
questioned if the same method was used for Martin Construction. Zent indicated it was. President Johnson asked if anyone in the audience would like to protest the exemption. Receiving none, Johnson asked for comments from the audience in favor of the exemption. Dan Dorfschmidt, Butler representative addressed the commission, stating he s excited to see the 1 st class facility being built in Dickinson. Dorfschmidt stated the facility will service western ND, eastern MT and northwestern SD. Dorfschmidt indicated the facility will initially employ about 20 employees and within three years approximately 40. Dorfschmidt also stated he is excited to add to the community with the facility indicating the new building is being built with local Dickinson contractors. President Johnson asked if 50% of the annual sales would take place 100 miles from Dickinson. Dorfschmidt believes a majority of the sales would come from outside of the area. Dorfschmidt did indicate this could change if the plant is built in South Heart. Commissioner Dukart questioned if positions were still available at the new facility. Dorfschmidt indicated several positions were available including 10 15 technicians, two parts people, and an administrative person along with a general manager. Dorfschmidt indicated Dickinson s housing market and a general shortage of diesel technicians is making it difficult to fill positions. Dukart commented with recent oil field layoffs, they may be able to find some employees. Dorfschmidt indicated they are working with several. Administrator Kessel commented the North Dakota State College of Science may be a great place to recruit. Dorfschmidt stated they currently work with the school. President Johnson asked again if there were any protests to the exemption. MOTION BY: Shirley Dukart SECONDED BY: Joe Frenzel To approve the new and expanding business tax exemption to Butler Machinery Company. 6:00 PM INTRODUCTION AND OATH OF OFFICE FOR POLICE OFFICER NIGEL SIMS Police Chief Rummel introduced Nigel Sims, recent Dickinson State University (DSU) graduate and basketball player as the City s newest Police Officer. Administrator Kessel administered the oath of office to Officer Sims. Sims thanked the commission for the opportunity. President Johnson asked where Sims was from and if he was a walk on or recruited for DSU basketball. Sims stated he came to Dickinson from the Seattle, WA area, but had also lived in the California bay area. Sims stated he was born and raised in Japan. Sims stated he was recruited by DSU for basketball. 4. GENERAL ISSUES/FINANCE NON-TIMETABLE AGENDA A. INFORMATION TECHNOLOGY MANAGER JOB DESCRIPTION: Administrator Kessel stated the item is somewhat presented as a question. Kessel reported the City currently contracts with NRG for its information technology services. Kessel reported the contract is for 75% of an individual s time for the City s IT needs. Kessel indicated by having an IT Manager position as an option to hire could assist in negotiations with NRG. Kessel said should the City decide to hire an IT Manager at least a 30 day notice would be provided to NRG. Kessel stated he is asking for the authority to hire if this is the direction the City chooses.
Commissioner Jackson questioned if there was justification for the additional 25% of an individual s time. Kessel reported we currently fill the time contracted, but he foresees in the very near future the need for a full time individual. Commissioner Frenzel stated having this as an option was in the City s best interest. President Johnson commented he doesn t have a problem with it as long as it does not exceed the cost of the current contract. Kessel reported the job description has been reviewed and approved by the Civil Service Commission. Where the position is on the pay scale is less than the contract, but when benefits and training are factored in the cost would be the same or slightly less the current contract. Kessel stated we are gaining time rather than dollars. To give City staff the option of hiring a full time Information Technology Manager and to approve the job description and pay classification as presented. B. 2010 CENSUS COMPLETE COUNT COMMITTEE: Administrator Kessel reported the census will be conducted in 2010 in which all citizens of Dickinson will be counted. The City has been asked to assist with this task by creating a Complete Count Committee. Kessel stated the cost to the city is approximately $1,000 per person per year for 10 years for anyone not counted in lost grant opportunities and other federal and state funding. Kessel stated rather than create a new committee the thought is to appoint an existing committee to take on the task of the Complete Count Committee. Kessel state the Community Relations Committee is interested, but Commission approval is required. Kessel listed the members of the Community Relations Committee for the Commission. President Johnson asked for another member of the Commission to volunteer. Shirley Dukart volunteered with no objections. MOTION BY: Joe Frenzel SECONDED BY: Gene Jackson To appoint the Community Relations Committee as the City s Complete Count Committee. 5. PUBLIC SAFETY A. REPORTS 1. Fire Department Monthly Report: Fire Chief Sivak highlighted items from the February 2009 report. He noted there was one actual fire, a chimney fire that was contained to the chimney. 2. 2008 Fire Department Annual Report: Fire Chief Sivak highlighted the 2008 Annual Report. Sivak indicated 2008 had been a busy year with the department receiving a total of 271 incidents. He indicated the cost per capita had remained at less than $20. Sivak reported the volunteers have been quite active with training and participating on various boards/committees throughout the state. Sivak also reported the number of inspections performed in 2008 had increased over 2007. 3. Police Department Monthly Report:
Police Chief Rummel highlighted the February report. He stated there were 114 accidents for the month and 27 contacts were made in school zones. Rummel reported the South Sakakawea Narcotics Task Force continues to be busy with a steady case load referencing a report submitted by Task Force Agent Todd Ehresmann. Rummel also reported the Tobacco Prevention staff recently tested 19 sites for tobacco sales to minors, in which six sites failed even though five those sites checked ID. Rummel indicated letters have gone out to the sites. President Johnson commented on the nice article that was recently in the Dickinson Press on School Resource Officer VanDoorne. Rummel mentioned Marge Dengel was also recently in the Dickinson Press regarding the fingerprinting the department does. 4. Safety Award Presentation Fire Chief Sivak reported the ND Safety Council recently recognized employers and businesses. Sivak stated the Street Department was awarded the Occupational Safety Merit Award. Sivak stated the Street Department finished 2008 with zero reportable accidents. Sivak presented the award to Ken Kussy, Public Works Manager. Kussy stated these awards are not won by managers and he is proud of his employees for their accomplishment and that he thanks them. President Johnson asked that Kussy thank them on behalf of the Commission. B. PARKING ORDINANCE AMENDMENT REGARDING CITY PARKING LOTS: President Johnson asked for comments from the public, no were received. City Attorney Matt Kolling stated the changes are minor and adds city parking lots to the 48 hour parking rules. MOTION BY: Gene Jackson SECONDED BY: Joe Frenzel To approve second reading and final passage of Ordinance No. 1367: ORDINANCE NO. 1367 AN ORDINANCE AMENDING AND RE-ENACTING SECTION 23.56.290 OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO STOPPING, STANDING, OR PARKING GENERALLY. 6. PUBLIC - ENGINEERING A. AMERICAN STRUCTURES, INC. CONTRACT City Engineer Shawn Soehren reported the contract with American Structures, Inc. is to construct 525,000 Water Storage Reservoir. Soehren reported the original bid was in the amount of $511,273 due to $11,339 being placed in the wrong section of the bid. Soehren stated American Structures was allowed to submit a change order as without the additional $11,339 they would be required to withdraw their bid, which would require the City to accept the next lowest bid which was substantially higher. Soehren indicated he recommends approval of the contract with American Structures, Inc. in the amount of $522,612. President Johnson asked when Soehren expected the project to begin. Soehren stated he believes a pre-construction meeting is scheduled for April 13 th or 14 th and would expect construction to start soon after. Soehren indicated the project is expected to be completed by October 1, 2009. President Johnson noted the penalty completion clause. Commissioner Shirley Dukart asked for an address of the new storage reservoir. Soehren
indicated there isn t a specific address, but gave a general location of west of State Avenue beyond the intersection at 15 th Street W. MOTION BY: Joe Frenzel SECONDED BY: Carson Steiner To approve the Agreement with American Structures, Inc. to construct the 525,000 Gallon Water Storage Reservoir in the amount of $522,612. B. REPORT: 1. February 2009 Code Enforcement Report: City Engineer Soehren reported the February 2009 numbers were down compared to 2008. Soehren stated he doesn t see any reason for concern relating to the economy, but that the winter weather has been tough on local contractors. Soehren stated there is still much talk in the office regarding new projects for the 2009 construction season. 7. PUBLIC WORKS MAINTENANCE AND UTILITIES A. 2008 ANNUAL STORM WATER REPORT: Public Works Manager Skip Rapp stated this report was presented to the Commission at the March 2, 2009 meeting. Rapp asked if the Commission had any comments or feedback, receiving none Rapp thanked the contracts and City Staff for all their work with the Storm Water compliance. Rapp asked the Commission for approval of the report so it could be sent to the state for their approval. MOTION BY: Joe Frenzel SECONDED BY: Carson Steiner To approve the 2008 Annual Stormwater Report as presented. B. ENVIRONMENTAL ENGINEERING SERVICE CONTRACT: Public Works Manager Rapp reported several proposals were received to perform an environmental assessment of the Wastewater Treatment Facilities. Rapp stated committee has reviewed all of the proposals and unanimously approved the recommendation of contracting with Ulteig Environmental Engineering Services. Rapp briefly touched on the different areas and tasks of the contract. Rapp thanked the review committee. President Johnson asked that as tasks are completed updates be presented to the Commission. Attorney Kolling stated several of his suggestions to the contract have been incorporated and he recommends approval as well. To approve the contract with Ulteig Environmental Engineering Services. C. REPORTS: 1. Changes to Chapter 38 Water Utilities Ordinance: Public Works Manager Rapp reported he has been reviewing chapter 38 of City Code relating to Water Utilities. Rapp reported there are no major changes, but briefly listed changes he is proposing. President Johnson asked any comments or questions from the Commission. Commissioner Jackson asked if this ordinance addresses the need for new construction to hook up to existing water lines. Rapp indicated it does.
Rapp also reported he is currently reviewing both the Cemetery and Forestry sections of code and will bring them forward at future meetings for changes. 8. ADMINISTRATION: A. CITY ADMINISTRATOR REPORT: 1. Dog Pound: Administrator Kessel updated the Commission on the purchase of land for a new dog pound. Kessel reported staff continues to refine the costs for the project in which $300,000 has been budgeted and hopes to come in at or below this amount. Kessel reported a Power Point presentation would take place at the next commission meeting and that a special use permit will need approval at a future meeting. Commissioner Jackson questioned the location being looked at. Kessel stated the current location being looked at is on 25 th Avenue E off of Villard. 2. Public Transportation: Kessel reported he has been working with Eldercare with regards to the notice received that Dakota Cab will cease operation the end of March and the hope is to have a seamless transition. Kessel reported Transportation Advisory Board met in late February discussing possible sites for the regional transportation building and that a meeting would be scheduled in the near future to narrow the possibilities to two or three. Kessel stated this project would be completed in partnership with the North Dakota Department of transportation and the current funding includes stimulus dollars. 3. Legislative Update: Kessel updated the commission on several bills he and staff are watching closely. Kessel reported House Bill 1268 had been defeated. Commissioner Jackson commented he s glad the City testified the way we did regarding the Extraterritorial Zoning (ETZ) bills. Kessel reported many amendments were made in hearings which may change the City s stance on those bills. Kessel stated he will update the Commission in the near future regarding the status of the ETZ bills. President Johnson stated the item was very emotional to the eastern side of the state and somewhat in the central part, but that it doesn t affect the smaller communities. Johnson stated the township form of government is seen more on the eastern side of the state. Johnson explained why it s good for annexation, but we would have to live with whatever is decided. 4. Other: Kessel reported 38 applications were received for the Assistant to City Administrator position. Seven were asked to interview and one withdrew. Six interviews will take place over both Wednesday and Friday. 9. ACCOUNTS PAYABLE AND PAYROLL: MOTION BY: Carson Steiner SECONDED BY: Joe Frenzel To approve the accounts payable as presented along with the additional accounts payable list, numbers 68,359 to 68,535 and payroll as distributed by automatic deposit. Said list is available in the Accounting Office. 10. CITY COMMISSIONERS REPORTS: N/A 11. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA: N/A
ADJOURNMENT MOTION BY: Shirley Dukart SECONDED BY: Joe Frenzel For adjournment of the meeting at approximately 6:33 PM. DISPOSITION: Roll call vote Aye 5, Nay 0, Absent 0. OFFICIAL MINUTES PREPARED BY: Kristi Cianni, Assistant to City Administrator APPROVED BY: Shawn Kessel, City Administrator Dennis W. Johnson, President Board of City Commissioners Date: