REGULAR MEETING DICKINSON CITY COMMISSION August 17, 2015 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 Gene Jackson, Carson Steiner, Klayton Oltmanns and Scott Decker. None 1. ORDER OF BUSINESS MOTION BY: Klayton Oltmanns SECONDED BY: Carson Steiner To approve the August 17, 2015, Order of Business as presented with removing of 4C - Citizen Interest Form and 4D - Financial Report for July, 2015. DISPOSITION: Motion carried unanimously. 2. CONSENT AGENDA MOTION BY: Gene Jackson SECONDED BY: Klayton Oltmanns A. Approval of meeting minutes from August 3, 2015 Meeting Minutes B. Approval of Accounts Payable. C. Approval Bid for Lease for Wheel Loader D. Approval of Escrow Disbursement Paperwork for Master Tax-Exempt Lease/Purchase Agreement with U.S. Bank E. Approval of Easement for 1 MG Storage Tank. 3. TIMETABLE AGENDA 4: 50 P.M. EFFECTIVE SUPERVISOR CLASS GRADUATION City Administrator presents graduates from an Effective Supervisory Training Class. Mr. Kessel states this class was held by previous graduates. It trained individuals in the role of a supervisor, team building, accountability, quality customer service and others. Mr. Kessel states the staff is the future of the City. Mr. Kessel recognizes the graduates; Robbie Morey, Accounting; Hilary Hartman, Fire Department; Aaron Meyer, IT; Deb Kirschenheiter, Assessing; and Leonard Schwindt, Building and Codes. Mr. Kessel thanks all the participants.
5:00 P.M. LEGACY 7 LIQUOR, LLC PRESENTATION Nate Bouray who represents Legacy 7 Liquor LLC thanks the commission for approving the previous two liquor licenses. Mr. Bouray is asking for a second approval to the next project Legacy 7 is working on. He is asking to revise the current liquor license code that allows only ownership of two liquor licenses per individual. Mr. Bouray states all the owners of Legacy 7 live in this area for a great many years and are interested in improving the community by being allowed to own numerous liquor licenses. Terry Keithley local business man states he is looking to better the City. He states he would like to improve himself and the City by owning more liquor licenses. Mr. Keithley is asking for help from the Commission for the change in the ordinance. President Dennis Johnson states that each community is different and presents different challenges, thus,if the ordinance does come to the Commission several public hearings would be held prior to the ordinance passing. This would allow the community to comment on the proposed revisions. President Johnson also commented on the administrative process that is completed by City Staff that would be effected by a change in the code. Commissioner Gene Jackson speculates why there is an ordinance which allows an individual the opportunity to have an interest in only two licenses. Commissioner Gene Jackson goes on to state that the he suspects the motivation behind the current code language was adopted to prevent one person or a group of people from monopolizing the market. City Attorney Christina Wenko states Mr. Bouray provided a list of other cities with different licensing requirements. City Administrator feels this would be a monopoly if there are only 6 or 7 owners as this would control the market. Commissioner Carson Steiner feels license owners are worried about capturing the market and lowering the value of their license. Terry Keithley states they would like to keep the money in the community and not to have a monopoly. Keithley states another option would be to allow ownership in percentages. Any one person could have several ownerships if not more than a certain percentage of each.
President Dennis Johnson states he has no objection to bringing forward the ordinance through the process. He feels this new ordinance will be challenging to write. He states that one of the challenges will be when corporations change the number of partners and one partner would own the majority of shares also one person would own multiple liquor licenses in a small community. Mr. Johnson invites their representative to work with the city representative to create an ordinance and bring to the City Commission. 4. GENERAL ISSUES/FINANCE A. Liquor License Ordinance Review City Attorney Jennifer Gooss states the liquor license ordinance revision is to the food sale component of the beer only license in the Code. Currently the beer only license requires the food sales component and the beer and wine license does not. Ms. Gooss states there are no modifications from the first reading. President Johnsons asks for public comment. Hearing none the following motion was made. MOTION BY: Klayton Oltmanns SECONDED BY: Gene Jackson To approve second reading and final passage of Ordinance No. 1589. ORDINANCE NO. 1589 AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 4.08.030, 4.08.060, AND 4.08.070, OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO ALCOHOLIC BEVERAGES LICENSES. B. Off the Rail, LLC Beer Only Liquor License City Attorney Jennifer Gooss presents a Beery Only Liquor License application for Off the Rail. This new bar would host pool tables. She states all background checks have been completed and fees have been paid. MOTION BY: Carson Steiner SECONDED BY: Scott Decker To approve Off the Rail, LLC Beer only liquor license. C. Citizen Interest Form Planning and Zoning Commission Removed from agenda
D. Financial Report, July, 2015 Removed from agenda E. Motor Vehicle and Offenses City Attorney Jennifer Gooss presents a motor vehicle and offenses ordinance change for second reading. She states this ordinance has come into compliance with the State. It includes references from Commissioners in regard to fines. President Dennis Johnson asks for public comment, hearing none the following motion is made. MOTION BY: Gene Jackson SECONDED BY: Klayton Oltmanns To approve second reading and final passage of Ordinance No. 1590. ORDINANCE NO. 1590 AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 23.20.020 AND 23.20.070 REGARDING SPEED REGULATIONS; ENACTING 23.36.175 REGARDING CLOSED ROADS; AMENDING AND RE- ENACTING 23.56.010 REGARDING STOPPING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICTS; AMENDING AND RE-ENACTING 23.68.015 AND 23.68.020 REGARDING EQUIPMENT OF VEHICLES; AMENDING AND RE-ENACTING 23.76.120 REGARDING CRIMINAL TRAFFIC VIOLATIONS; ENACTING 23.76.125 REGARDING FAILURE TO REGISTER UPON GAINFUL EMPLOYMENT; AMENDING AND RE- ENACTING 23.80.080 REGARDING AMOUNT OF STATUTORY FEES; AMENDING AND RE-ENACTING 23.84.040 AND REPEALING SECTION 23.84.045 REGARDING TRUCKS PROHIBITED ON CERTAIN STREETS; ENACTING 25.04.04060 REGARDING REFUSING TO HALT; AND AMENDING AND RE-ENACTING 25.16.12130 REGARDING USE, POSSESSION, ETC. OF CONTROLLED SUBSTANCES, OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA F. Library Report PowerPoint Library Coordinator Rita Ennen gives her annual Library Report. Ms. Ennen updates the Commissioners on the visitors in 2014 which is up at 129,552 yearto-date. This is up from 118,952 in 2013. She states the computer users in 2014 was 114,087. Ms. Ennen states the Library activities can be found on Facebook. Ms. Ennen states the Summer Reading Program was a hit with 725 attendees in 2014 and in 2015 1,109 total participants. Ms. Ennen explains the activities that take place at the library, and they also include activities with the
Dickinson Museum Center. She also explains the newest program which is called Advanced Workstations in Education which allows for English and Spanish interfaces. President Dennis Johnson is very excited to see the high use of the library. Ms. Ennen thanks the Commissioners. G. Job Descriptions Human Resource Coordinator Shelly Nameniuk presents two job descriptions. She states the two following job descriptions were combined at one time but they had two specific duties. Ms. Nameniuk states the route driver does require a CDL license upon hire and a landfill does not require a CDL immediately and a landfill position does require a CDL but within six months. The job descriptions are being implemented to allow ease the burden on the City s application process in order to find qualified candidates for both positions. 1. Sanitation Route Operator MOTION BY: Carson Steiner SECONDED BY: Scott Decker To approve Sanitation Route Operator Job Description. 2. Sanitation Landfill Operator MOTION BY: Carson Steiner SECONDED BY: Gene Jackson To approve the Sanitation Landfill Operator Job Description. H. Reports: 1. HR Hiring Journal, July, 2015 Human Resource Coordinator Shelly Nameniuk presents the Hiring Journal for July, 2015. She updates the Commission on the two openings for the Police Department where one offer was declined and the other one is in the background phase. A Senior Police Officer position is open and will hire internally. Communications Specialist is in the background phase to fill one opening. Records Clerk will have an internal hire. Also open positions are in Sanitation Operator, Wastewater Operator, Wastewater Facility Operator, Museum Assistant, Fire Department Administrative Assistant and City Engineer.
2. Second Quarter Safety Report City Administrator Shawn Kessel presents the Second Quarter Safety Report for the Fire Department. Mr. Kessel states in the second quarter of 2015 there were 10 employee injuries with six requiring medical attention. This brings the midyear total to 25 with 10 requiring medical attention. This statistic is down from last year which is good news. Mr. Kessel states he is glad to announce there have been no lost time injuries. Mr. Kessel states Fire Chief Bob Sivak is the Safety Coordinator who compiles these reports. 5. PUBLIC SAFETY A. Fire Department 1. Reports: A. Second Quarter Activity Report Fire Chief Bob Sivak presents the second quarter activity report for 2015. Chief Sivak states there have been a total of 138 incidents for the quarter. Chief Sivak presents the fire prevention and public education such as fire extinguisher demo at Clean Harbors; 1 st grade tour; Safety City lectures; tour for students from Kentucky and babysitting lecture. Activities also included the 4 th Annual Kids Health and Safety Fair; Summer Reading Kickoff, 2015 Spring Cleanup and Heroes Ball. Chief Sivak updates the Commissioners on the training which included Haz/Mat Conference and others. Chief Sivak tells the Commissioners about the upcoming event such as Fill the Boot, Donate, which benefits Muscle Diseases on August 18, 2015. Sivak also states they are hoping to be operating out of the new facility by September. He states there will be two response apparatus out of each location. The City also plans on keeping response equipment at the downtown location. B. Police Department 1. Reports: A. Second Quarter Activity Report Police Chief Dustin Dassinger presents the mid-year report for the Dickinson Police Department. Chief Dassinger states there has been an increase of calls for service at 14,542 which is up 19% from 2014. Traffic stops have been somewhat slower at 2,998 which is 9.6% higher than 2014. Citations have 19.9% higher than 2014 at 2,159. Traffic Accidents are at 678 which has decreased by 6.1% since 2014. Chief Dassinger states in May a Truck Regulatory Officer Tim Jokerst started which he has 79 truck stops and generated fines of $4,055. Chief Dassinger also states arrests have been down 2% from 2014 at 725. Chief Dassinger also visits about the SW Narcotics Task Force arrests which is 91 which is up from 82 in 2014. The Police Department announces the bike patrol officers. Chief Dassinger is very thankful for the 2015 Grants from ND Department of Homeland Security which was $82,215 for radios, vest panels; Oil
Impact Grant of $23,160 for rifles and repeaters; Oil Impact Grant of $95,771 for Taser K9 and K9 vehicle; and Oil Impact Grant of $200,000 for regional training. 6. ENGINEERING A. Reports: 1. Project Updates City Engineer Craig Kubas presents the following updates on projects for the City of Dickinson. Mr. Kubas states 40 th Street East, which is located by the HUB, road closures remain in effect as the utility boring is ongoing. Mr. Kubas states the curb and gutter are in place but no pavement. They are working on the storm water issue. He states this project is coming along nicely. Mr. Kubas states 21 st Street West has paving ongoing right now and will be wrapping up paving this week. The lighting is in place and the completion date has been moved up from 11/1/15 to 8/24/15. Mr. Kubas states this street should be opened within a week. The 15 th Street project which is the new construction west of the bypass, is complete as they had a walk through last week, and the roadway is open to the public. State Avenue overpass, Ames Construction will give a progress report to the Commission sometime in early September. This project is on a tight timeline. Mr. Kubas states Highway 22 landscaping project which stated this spring will be complete in September with more trees planted in this area after some construction. The West side 24 along west business loop is substantially complete as a walk through was completed several weeks ago and the ability to get water from the finished water pump station up to the NW tank is complete. The NW tank is fully completed in its construction. Mr. Kubas also states State Avenue and 21 st Street North up to the Public Safety Center has pavement, but the road is still closed to through traffic. The Mill and Overlay project is on Museum and then 14 th Street East as Heart River will soon be wrapped up. They will be completing their last piece of mill and overlay on 15 th Street west by the mall and Astoria. Mr. Kubas states new construction on State Avenue on the north side between 15 th and 21 st street shows a gravel bypass and the west gravity phase II for sewer project is to get sewer to the new middle school site. This project will not affect traffic or service, but we will see new construction north of the interstate. City Engineer Craig Kubas states the just bid projects are 29 th Avenue West by new public middle school site and Museum Drive. These two projects will be completed next year. 7. PUBLIC WORKS A. Apex Task Order Wastewater Reclamation Facility Public Works Director Gary Zuroff presents Task Order #19 which is for assistance in process control recommendations, data analysis, training, and onsite operational support for the Water Reclamation Facility. The plant is currently under-staffed and is without a Chief Operator. This will ensure that the City can
meet NDDOH effluent limits, provide the required quality and quantity of reuse water for the Dakota Prairie Refinery, and continue to assist and train personnel with Laboratory procedures and getting certified with the State. The Scope of Services states that the services will only be completed as requested by the City, so if at any time we hire a Chief or Manager and not require their services the Task Order may be suspended. President Dennis Johnson discussed the plant manager and chief operator positions. Mr. Johnson is receptive to a Management Position as opposed to a Chief Operator Position to have the responsibility of this facility. He encourages staff to create a job description in this regard. MOTION BY: Gene Jackson To approve the Apex Task Order #19. SECONDED BY: Klayton Oltmanns 8. PLANNING A. None 9. BUILDING A. Reports: 1. None 10. COMMISSION None 11. PUBLIC ISSUES OF CITY CONCERN NOT ON THE AGENDA None 12. ADJOURNMENT MOTION BY: Klayton Oltmanns SECONDED BY: Scott Decker Adjournment of the meeting at approximately 5:55 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: September 8, 2015