Minutes. October 15, 2012

Transcription

1 Minutes October 15, 2012

2 15 October, 2012 Page 87 MINUTES OF THE BOARD OF CITY COMMISSIONERS HELD OCTOBER 15, 2012 The regular meeting of the Devils Lake City Commission was held Monday, October 15, 2012 at 5:30 P.M. with the following members present: President Johnson, Commissioners Tim Heisler, Craig Stromme, Rick Morse and Dale Robbins. None were absent. Commissioner Robbins moved to approve the minutes as corrected (changed annual real to annual rent in paragraph 1 page 85) of the regular City Commission meeting held October 1, The motion was seconded by Commissioner Morse, and the motion carried unanimously. 5:30 P.M. - This was the time set for the bid opening for a street sweeper. The following bids were opened and read: 1. Sanitation Products Inc, Fargo, ND Bid $162, Swanston Equipment, Fargo, ND Bid $154,800 Commissioner Morse moved to accept the bids as read, and they be referred to the Public Ways Supervisor for further review and recommendation. The motion was seconded by Commissioner Stromme, and the motion carried unanimously. Trish Asleson, Safe Alternatives for Abused Families (SAAF), appeared before the Commission to discuss October being Domestic Violence Prevention Month and on funding for SAAF which comes from grants and crime victim fees. Services provided by SAAF are support groups for victims, housing of victims and 24-hour crisis line. District court assesses a $25 crime victim fee on cases which SAAF uses for housing, food, clothes and etc for victims. The fine does not have to be a domestic crime case; it can be any crime. They are asking municipal court to assess the same $25 fee. Discussion followed on a resolution being created to encourage the municipal court to implement the crime victim fee. Dave Freidig appeared before the Commission to inquire if the liquor committee had reviewed the number of licenses for off-sale. President Johnson reviewed the memo from the committee which stated they did not see the need for a change in the number of licenses. Dave Freidig had an issue with a member of the committee being a direct competitor. He would have liked to see the liquor side represented by a distributor and not by a seller of liquor. President Johnson stated the committee only made a recommendation, and that it was up to the commission to decide if they wanted to review the number of licenses. Dave Freidig asked the City Commissioners to look at the number of licenses for just off sale. If he is unable to obtain an off-sale license, he needs to decide what to do with the building. Discussion followed on the population of Devils Lake fluctuating especially during the summer, on the number of Class IV and V licenses being restricted by population, on no off-sale licenses being currently issued and that the number available are all Class IV licenses, on the possibility of having an unlimited number of off-sale licenses, on value created for the right to use a liquor license by restricting the number of licenses, on separating the value for the business from the license, on the City having actual control of the liquor licenses, on the City not regulating/licensing other businesses and on how to handle issuing a limited amount of licenses to unlimited businesses wanting them. Bill Mertens asked about having five or less off-sale licenses at $1,500/year with the fee paid in advance for five years, and on if any of the towns reviewed had off-sale licenses. He stated the building is dysfunctional the way it is now, and they would like it to be put back to its original use. He read the letter sent to the liquor committee inquiring on the progress of the committee in reviewing the number of licenses. The letter also stated the building use has brought jobs to the area, but they desire to return the building to its former, better use since it was designed for off-sale. The letter requested the committee to look at allowing more off-sale licenses. The ordinances were reviewed in conjunction with a current license that belonged to a business which ceased operating and was then transferred to a new business at a different location. A business has 90 day after a business ceases to use the license before it goes back to the City. The City, at its discretion, can issue a 90 day extension which the City has done

3 15 October, 2012 Page 88 previously. When a license is transferred to a new location or a new license is issued, the business has nine months to commence operation. Discussion continued on if more licenses were allowed, how many other stores would want licenses, and on if the Commission is uncomfortable with having an unlimited number of licenses, how does it decide how many to issue. Also discussed were the current number of Class IV licenses and how the population of the City was related to the previous number of licenses. The ordinance uses the population as a threshold to issue more licenses. The number of licenses does not decrease if the population decreases. It was questioned what would happen if a business was outside of city limits and had a liquor license and was annexed in or if a large discount store wanted a license as part of opening a store here. Annexation is covered under the current ordinance; it lets the Commission, at its discretion, issue a retail license without limitation to the population-license ration. It was asked why the current Class IV license holders which sell strictly off-sale have a Class IV license for on-sale and off-sale and not a Class V license for off-sale. A Class IV license is needed for an off-sale facility if they have sampling events. Dick Prozinski, liquor license committee member, highlighted what other cities reviewed by the committee do for liquor licenses. Three out of the four cities reviewed limited licenses by population. The other city limited licenses by the fee charged. How these cities handle off-sale was not reviewed. He stated he had talked to a convenience store owner who said he wouldn t be interested in selling off-sale because of staffing issues with needing someone over 21 to work, but if other convenience stores had off-sale he would need to too. Conversation continued on the restrictions that were on the liquor license held by the previous owner of Dave Freidig s building due to its location to the school. Discussion returned to having businesses prepay for off-sale licenses so that they have to make an investment to start selling off-sale. The Police Chief stated businesses would have to do reconstruction under state law to have liquor licenses in convenience stores. The Commission discussed having the City Attorney draft a sample ordinance, forming a larger committee with a broader view, and considering the increase in population during the summer for the number of licenses. Discussion followed on creating just a convenience store license for the off-sale of beer, wine and sparkling wine. However, Dave Freidig is interested in selling hard liquor too because his building is setup to sell hard liquor. Consensus was to form a committee to review the number of licenses available for off-sale. The committee would include the City Attorney, the City Administrator, the Police Chief and four other individuals (2 for increasing the number and 2 opposed to increasing the number). Also discussed was having the citizens vote on expanding the number of licenses. It was decided to form the committee since a citizen can get a petition at anytime for the item to be voted on. The Commission recessed at 7:18 P.M. The Commission reconvened at 7:21 P.M. Commissioner Robbins The Public Utilities Supervisor stated the open house for the water treatment plant will be held from 1:15 P.M. to 7:00 P.M. on Thursday, October 17, The Public Ways Supervisor said everything was fine in the Cemetery Department. Commissioner Morse - The Public Ways Supervisor reported Del Nordrum has filled the position vacated by Joel Stein. He will advertise to fill the position vacated by Del. The Public Utilities Supervisor said everything was fine in the Sewer Department. Commissioner Heisler The City Engineer stated the expansion at the landfill continues and paving has started on the north end of town. Commissioner Stromme - The Police Chief said he has received 12 applications for the police officer opening.

4 15 October, 2012 Page 89 The Sanitation Department said area three of the fall special pickup was completed today. President Johnson The City Auditor indicated that Safe Alternatives for Abused Families has received a Bryne Justice Assistance Grant. The City needs to sign the grant award as the sponsor. Commissioner Stromme moved to approve signing the Bryne Justice Assistance Grant as sponsor for Safe Alternatives for Abused Families. The motion was seconded by Commissioner Heisler, and the motion carried unanimously. The City Auditor said the National Honor Society has requested to solicit funds downtown for cystic fibrosis. They have done this before, and the Police Department is aware of it. Discussion followed on not blocking off the streets. Commissioner Robbins moved to allow the Devils Lake National Honor Society to solicit funds downtown on October 22 nd and October 23 rd from 4:00 P.M. to 6:00 P.M. for cystic fibrosis with the understanding the streets will not be blocked off. The motion was seconded by Commissioner Morse, and the motion was carried unanimously. The City Administrator reported Al Freidig requested the City not charge for sewer at the all-seasons fish cleaning station. Greater Ramsey Water District has agreed not to charge for the water. Commissioner Stromme moved to waive the sewer fees for the all-seasons fish cleaning station. The motion was seconded by Commissioner Morse, and the motion carried unanimously. The Fire Chief stated the committee for the dog and cat ordinance will meet on October 16 th at 4:00 P.M. at city hall. The City Attorney said everything was fine. The second reading of Ordinance No. 905 Liquor License Definitions was held. Commissioner Robbins moved to approve Ordinance No. 905 Liquor License Definitions. The motion was seconded by Commissioner Heisler. The main change in the ordinance was the definition of habitual drunkard. The motion carried unanimously. The second reading of Ordinance No. 906 Liquor License Sales to Minors and Certain Persons Prohibited was held. Commissioner Stromme moved to approve Ordinance No. 906 Liquor License Sales to Minor and Certain Persons Prohibited. The motion was seconded by Commissioner Robbins, and the motion carried unanimously.. The second reading of Ordinance No. 907 Liquor License Special Events was held. Commissioner Robbins moved to approve Ordinance No. 907 Liquor License Special Events. The motion was seconded by Commissioner Stromme. This ordinance allows certain events to go to 1:00 A.M. The motion carried unanimously. Commissioner Robbins moved to approve the consent agenda which included the following: 1. Declaring items as surplus and offer them for sale at the city sale to be held October 22 26, 2012; 2. Permit to sell alcoholic beverages at a special event submitted by Proz Inc for a wine dinner for ticket holders to be held November 6, 2012 at the Masonic Temple; 3. Permit to sell alcoholic beverages a special event submitted by Proz Inc for the wedding reception and dance for Dr. Jessica Wood and Matt Herrick to be held November 17, 2012 at the Memorial Building; 4. Authorizing the City Auditor to cancel Check No dated October 2, 2012 in the amount of $30.00 payable to Upper Great Plains Transportation Institute (General City Commission Education & Training). The check was payable to an incorrect vendor, and will be reissued to the correct vendor; and 5. Appointment of Lyle Belleque as a member of the Library Board to fill an unexpired term expiring on June 30, The motion was seconded by Commissioner Morse. The bikes are bikes that were impounded and not claimed. The motion carried unanimously. There were no agreements to purchase/relocation settlement offers for the embankment project.

5 15 October, 2012 Page 90 Commissioner Heisler moved to approve the 2012 Budget Amendment Library. The motion was seconded by Commissioner Stromme, and the motion carried unanimously. The City Administrator reviewed the Blue Cross Blue Shield contract for 2013 and stated the numbers were approved during budget time. Commissioner Stromme moved to approve the Blue Cross Blue Shield contract for The motion was seconded by Commissioner Morse. The number of contracts includes the Law Enforcement Center, Senior Meals & Services, Devils Lake Park Board and the City. The motion carried unanimously. The City Engineer reviewed the change order for Highway 20 roadway/embankment. This change order includes the addition of costs for gravel at this year s unit price. Another change order should be forthcoming to delete the cost of gravel based on last year s unit cost. Commissioner Stromme moved to approve Change Order No. 4 for Ames Construction Inc for Hwy 20 roadway/embankment for an increase in cost for the aggregate base for a net increase in the amount of $34, as recommended by the City Engineer. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. The City Engineer reviewed the cost participation and maintenance agreement with ND DOT for ND 20. The base lift of asphalt will be done this year, and the other two lifts will be done later. Paragraphs six and eight should be crossed out and initialed since the City has no jurisdiction over these items since the project is located outside of city limits. Commissioner Robbins moved to approve the cost participation and maintenance agreement with ND Department of Transportation for ND 20, Project No. SU-3-020(102)101 for grade raise with the changes of striking out paragraphs six and eight as recommended by the City Engineer. The motion was seconded by Commissioner Morse. These costs are eligible for the embankment project. The motion carried unanimously. The City Engineer reviewed the payment for the landfill expansion. The original contract amount was $322,420. The change orders for $93, have not been approved. The extra amount on the payment estimate is associated with the additional work completed. The contract was based on a fixed unit price. There will still be additional material, but it will not be paid until the final survey is completed. The original contract was based on 47,000 yards of material and 70-75,000 yards have been used. The total amount of the project will be close to $525,000. Discussion followed on when the grant funds would be received. Reimbursement cannot be submitted until the project is completed. The engineering firms models will be reviewed to see why some of these problems were encountered. The material was too soft to use for the berm; however, it had been stocked pile to be used for landfill cover. Commissioner Robbins moved to approve payment of Estimate No.4 to Berger Enterprises for Landfill Expansion in the amount of $85, as recommended by the City Engineer. The motion was seconded by Commissioner Morse. On roll call all Commissioners voted aye, and the motion carried. Commissioner Heisler moved to approve payment of Estimate No. 4 to Elshaug Concrete for 2012 Curb, Gutter & Sidewalk in the amount of $8, as recommended by the City Engineer. The motion was seconded by Commissioner Stromme. On roll call all Commissioners voted aye, and the motion carried. Commissioner Morse moved to approve payment of the list of bills as submitted. The motion was seconded by Commissioner Stromme. On roll call all Commissioners voted aye, and the motion carried. President Johnson acknowledged the following reports: 1. City Auditor monthly report; and 2. Fire Department monthly report. There being no further business to come before the Commission, President Johnson adjourned the meeting at 6:47 P.M. LINDA LYBECK CITY AUDITOR RICHARD S. JOHNSON PRESIDENT

6 Minutes October 25, 2012

7 25 October, 2012 Page 91 MINUTES OF THE SPECIAL MEETING OF THE BOARD OF CITY COMMISSIONERS HELD OCTOBER 25, 2012 Pursuant to due call and notice thereof, a special meeting of the Board of City Commissioners of the City of Devils Lake, North Dakota was held at the City Office on Thursday, October 25, 2012 at 12:00 P.M. with the following members present: Commissioners Tim Heisler, Craig Stromme and President Johnson. Commissioners Rick Morse and Dale Robbins were absent. The Public Ways Supervisor reviewed the two bids for the street sweeper. The Swanston Equipment bid listed seven exceptions to the bid specifications. In addition, their bid was for a sweeper with a tier 4 motor. Sanitation Products stated they do not know how many tier 3 motors are left so the bid needs to be accepted in order for the sweeper to be ordered. The tier 4 motor, which is for emission standards, still has bugs to work out. Both sweeper bids have a 1 year warranty. Anything with the emissions on the Global machine would be the buyer s responsibility. The Global machine has rear dumping, and the Elgin machine meets specifications with the front dumping. The operator of the Global machine sits in the middle of cab and uses mirrors to see where the gutter broom and curb are. The Elgin sweeper meets specifications by having two seats which allows you to switch seats to see the broom and curb. The tier 4 motor will be required on anything new in Discussion followed on if the Elgin would need to be retrofitted to meet emission standards in The Public Ways Supervisor called Sanitation Products to ask if the Elgin sweeper with the tier 3 motor would have to be retrofitted in 2015 to meet the emission standards. Sanitation Products stated if the sweeper was purchased prior to the emission standards taking effect it would be grandfathered in. The Public Ways Supervisor recommended approving the bid from Sanitation Products for the Elgin street sweeper. Commissioner Stromme moved to award the bid for the Elgin street sweeper to Sanitation Products, Fargo, ND in the amount of $162,370 with the qualifier of it having a tier 3 engine and not to accept the low bid from Swanston Equipment because it did not meet specifications as recommended by the Public Ways Supervisor. The motion was seconded by Commissioner Heisler. Discussion followed on when the City would know if the Elgin sweeper with the tier 3 engine was available. The motion carried unanimously. The Public Ways Supervisor requested declaring the Tymco sweeper as surplus. Discussion followed on whether any other City department had use for it. Neither of the bidders would accept the Tymco on trade. It was consensus of the Commission to not place a minimum bid on the Tymco. Commissioner Heisler moved to declare the Tymco sweeper as surplus property and for it to be sold. The motion was seconded by Commissioner Stromme, and the motion carried unanimously. There being no further business to come before the Commission, President Johnson adjourned the meeting at 12:10 P.M. LINDA LYBECK CITY AUDITOR RICHARD S. JOHNSON PRESIDENT

8 Planning Hearing Final Plat El Rancho 3 rd Subdivision

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10 Recommendation from Planning Commission Final Plat El Rancho 3 rd Subdivision

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13 Visitor Mack Traynor Ultra Green Packaging

14 Game of Chance Permits October 2012

15 Game of chance for the month of October 2012 LRSC Community College Foundation Raffle Date October 26, 2012 Permit # Heartland Care Center Raffle Date October 28, 2012 Permit # Devils Lake Lions Club Raffle Dates October 10, 2012 February 3, 2013 Permit # Roger Wilhelmi Benefit Raffle Date December 14, 2012 Permit # Roger Wilhelmi Benefit Raffle Date December 14, 2012 Permit # Lake Region Auto Extrication Raffle Date January 26, 2013 Permit # KC Council 1779 Raffle Dates February 1, 2013 February 28, 2013 Permit # LRSC Collegiate DECA Raffle Date October 31, 2012 Permit #

16 Gaming Site Authorization St Joseph School

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18 Permit to Sell Alcoholic Beverages Thirsty s

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21 Permit to Sell Alcoholic Beverages Thirsty s

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24 Appointment of Board Member Lake Region Heritage Center

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26 Agreements to Purchase Relocation Settlement Offers

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32 2012 Curb, Gutter & Sidewalk Work for 22 nd St Estimate No 5 Elshaug Concrete

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34 SI # nd St & Lincoln Ave Estimate No 3 Strata Corporation

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36 SI #50-11 Stone Ridge Streets Estimate No 3 Strata Corporation

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38 Lake Region Corporation Recycling Proposal

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41 Resolution Assessment of Victim Fee Safe Alternatives for Abused Families

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43 Blue Cross Blue Shield Statement of Work Health Club Credit

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46 List of Bills

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50 City Auditor Monthly Report October 2012

51 Municipal Court Monthly Report September 2012

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54 Police Department Monthly Report September 2012

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