Watford City, North Dakota



CITY OF WATFORD CITY

CITY COUNCIL MEETING

September 4, 2012

Minutes of the regular City Council meeting held on September 4, 2012 at 6:00 p.m. at City Hall. Present were Mayor Brent Sanford and Council Members Justin Voll, Kris Pacheco, Doug Bolken, and Shane Homiston. Absent were Council Member Dave Uhlich (unexcused) and Marty Mulder (unexcused). Also present were City Planner Curt Moen, Attorney Wyatt Voll, Superintendent of Public Works Justin Smith, and City Auditor Laura Anderson. Mayor Sanford called the meeting to order with the Pledge of Allegiance.

Council Member Bolken moved to approve the minutes of the City Council meetings held on August 6, 2012, August 7, 2012, and August 15, 2012 as presented. Motion seconded by Council Member Homiston and carried unanimously.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by Warren Hovland (SW1/4, Section 24, T150N, R99W; 1.67 acres). There were no written comments or comments from the public. The Public Hearing was closed.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by Greg Simonson (W1/2 NW1/4, Section 18, T150N, R98W; 16.56 acres). There were no written comments or comments from the public. The Public Hearing was closed.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by JW Enterprises, LLC (S1/2 SE1/4, Section 24, T150N, R99W; 2.91 acres). There were no written comments or comments from the public. The Public Hearing was closed.

Susie Lundin and Leroy Lillibridge, McKenzie County Heritage Association, were present to discuss acquiring the old train depot and inquire about funding to assist with moving the building. It was discussed that the Roughrider Fund might be an option.

Todd Norton, Advanced Engineering and Environmental Services, was present to provide project updates and present four partial pay estimates for review.

Council Member Voll moved to approve Partial Pay Estimate #3 from Merryman Excavation, Inc. (Area 5 Utility Extensions) for $710,577.24. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Bolken, and Homiston; nays: none.

Council Member Bolken moved to approve Partial Pay Estimate #1 from R.S. Bennett Construction Company, LLC (Area 6 Utility Extensions) for $149,762.59. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Bolken, Homiston, Voll, and Pacheco; nays: none.

Council Member Pacheco moved to approve Partial Pay Estimate #1 from Tand Construction, LLC (2012 Watermain Replacement) for $79,069.05. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Pacheco, Voll, Homiston, and Bolken; nays: none.

Council Member Homiston moved to approve Partial Pay Estimate #2 from Glacier Construction Co., Inc. (Wastewater Treatment Facility) for $448,149.87. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, Bolken, and Pacheco; nays: none.

Council Member Voll moved to approve Resolution No. 2012-05 – Resolution of Proposal for Annexation of 7.58 acres in the vicinity of 3rd Ave SW and 10th St SW. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll; Pacheco, Bolken, Homiston; nays: none.

Police Chief Herfindahl reported that the police department will begin utilizing state radio for emergency calls on January 1st. Chief Herfindahl also reported Williams County no longer has sufficient capacity to accept prisoners from Watford City and that other arrangements will need to be made.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Zone Change Application submitted by Greg Simonson for property located at W1/2 of NW1/4, Section 18, T150N, R98W, McKenzie Co, 16.56 acres, rezoning from A-2 to R-4. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, and Bolken; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zoning Variance application submitted by Gary and Artis Stevens on property located at 201 7th St NE to allow for a variance of 6 ½ feet from the required 30 foot front-yard setback. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Bolken, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Bolken moved to approve the Zone Change Application submitted by Cory Ravnaas/Circle H for property located at SW1/4 Section 24, T150N, R99W, McKenzie County, 1.67 acres, rezoning from A-2 to R-4. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Bolken, Pacheco, Voll, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Bolken moved to approve the Simple Lot Split Application resubmitted by Glenn and Vicky Stenehjem for property located at SW1/4NW1/4 Section 19, T150N, R98W Lot 5A. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Bolken, Homiston, Pacheco, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the amended Subdivision Preliminary Plat submitted by Jarvis and Kadie Sorenson/Bakken Development Solutions for property located NW1/4 Sec. 22, T150N, R98W at the south east quadrant of Hwy 23 and County Rd 37. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, and Bolken; nays: none.

Council Member Homiston moved to approve offering the position of City Tax Assessor to Betty Weber as an independent contractor at $35 per hour (no benefits), with a flexible schedule, and start date as soon as possible. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, and Bolken; nays: none.

Council Member Homiston moved to approve a step increase for Shannon Monnens from Category 4, Step 1 to Category 4, Step 2 effective October 16, 2012. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, Pacheco, and Bolken; nays: none.

Council Member Pacheco moved to approve the First Reading on an Ordinance Amending Chapter XV, Article XVIII (B) of the Watford City Zoning Ordinance amending Permitted Uses in the Community Facilities Zone. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Pacheco moved to approve the First Reading on an Ordinance Amending Section 6-506 of Article 5 of Chapter VI of the Watford City Zoning Ordinances Relating to the Qualifications of a Liquor License Holder. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Pacheco moved to approve the First Reading on an Ordinance Amending Section 6-510 of Article 5 of Chapter VI of the Watford City Zoning Ordinances Relating to the Number of Liquor Licenses. Motion seconded by Council Member Bolken and carried unanimously.

Council Member Pacheco moved to approve the First Reading on an Ordinance Annexing Property to the City of Watford City per Annexation Application submitted by Warren Hovland (SW1/4, Section 24, T150N, R99W) 1.67 acres. Motion seconded by Council Member Bolken and carried unanimously.

Council Member Pacheco moved to approve the First Reading on an Ordinance Annexing Property to the City of Watford City per Annexation Application submitted by Greg Simonson (W1/2 NW1/4, Section 18, T150N, R98W) 16.56 acres. Motion seconded by Council Member Voll and carried unanimously.

Council Member Pacheco moved to approve the First Reading on an Ordinance Annexing Property to the City of Watford City per Annexation Application submitted by JW Enterprises, LLC (S1/2 SE1/4, Section 24, T150N, R99W) 2.91 acres. Motion seconded by Council Member Voll and carried unanimously.

Council Member Pacheco moved to approve the Application for Special Permit for the Fraternal Order of Eagles to sell alcoholic beverages at the NDRA Finals Rodeo on September 7-8, 2012 from 5:00 p.m. to 1:00 a.m. each day in a beer garden in the Multi-Purpose Building during the NDRA Fair Rodeo. Motion seconded by Bolken and carried unanimously.

An Application for Special Permit to Sell Alcoholic Beverages at a Special Event at Designated Premises submitted by Hi-Way Lounge & Grill (Alexander) to sell alcoholic beverages at the Civic Center on September 29, 2012 from 8:00 p.m. to 12:00 a.m. was tabled until the September 10, 2012 meeting.

Council Member Pacheco moved to approve the raffle permit applications submitted by the Knights of Columbus, McKenzie County Ducks Unlimited, and Friends of the Watford City Fire Department. Motion seconded by Council Member Homiston and carried unanimously.

The July 2012 cash and budget reports were reviewed.

Council Member Voll moved to approve submitting applications for the Energy Infrastructure and Impact Office emergency services grant round in the following amounts: Police Department: $152,119.95; McKenzie County Ambulance Service: $449,805; Watford City Fire Department: $2,500,000. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Voll moved to approve Mayor Sanford’s appointments to the following positions: Oscar Knutson to the Housing Authority for a five-year term from September 7, 2012 to September 6, 2017; Kris Pacheco to the Roughrider Fund Committee for a three-year term from October 1, 2012 to September 30, 2015; Jeff Ruggles to the Roughrider Fund Committee for a three-year term from October 1, 2012 to September 30, 2015. Motion seconded by Council Member Homiston and carried unanimously.

Superintendent Smith informed the Council that Airport Authority proposed sharing a full-time employee in the upcoming year. No action was taken at this time.

Council Member Homiston moved to approve moving the city-owned building at 216 4th Ave SE into the city shop yard for a cost of approximately $30,000. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Pacheco, Voll; nays: none.

It was the consensus of the Council to make improvements totaling approximately $5,000 to the shop at the old landfill in order to make it useable for storage for the public works department.

Council Member Voll moved to approve the bills as listed. Motion seconded by Council Member Homiston and carried unanimously. Advanced Engineering and Environmental Services $163,946.73; Ambient Electric and Design $5,236.50; Anova Family Health Center $36,000.00; Applied Concepts, Inc. $312.00; Astro Chem Service, Inc. $80.00; Badlands Hardware $219.99; Badlands Hardware, Inc. $644.14; Balco Uniform Comp., Inc. $169.82; Biolynceus, LLC $2,437.99; Black Mountain Software, Inc. $100.00; Boomtown Executive Suites LLC $25,000.00; Brenna Law Firm, PLLC $420.00; Carquest Auto Parts $129.06; Circle Consulting $2,050.00; City Of Williston $990.30; Comfort Inn – Bismarck $483.00; Comfort Suites – Bismarck $69.00; Craig's Inc. $112.11; Dacotah Paper Co. $488.35; Dakota Supply Group $82.52; Dean Anderson, Inc. $168.00; Ebel Integrators, Inc. $85.00; Electronic Communications $9,595.00; Elliot Excavating $4,920.00; Emergency Apparatus Maintenance, Inc. $953.38; Emergency Medical Products, Inc. $782.35; Fargo Water Equipment, Inc. $15,278.81; Farmers Union Oil Co. Inc. $6,801.36; Farmers Union Oil Company $19.00; Fastenal Company $2.11; Foley Brothers LLC $1,250.00; Gaffaney's, Inc. $722.59; Galls, an Aramark Co., LLC $119.97; Gary Hoffman $31.79; Glacier Construction Co., Inc. $448,149.87; Hawkeye Oil Field Supply LLC $31.32; Hawkins, Inc. $5,462.91; Huebner Outdoor Services $105,000.00; Information Technology Dept $195.00; Interstate All Battery Center $49.80; Interstate Standard $112.23; Jesse Wellen $36.33; Jim Hanson Masonry Inc. $17,977.00; John Halvala $65.93;Kohler Communications, Inc. $89.00; Kotana Communications, Inc. $880.00; Lund Oil Inc. $2,966.69; Lyle Signs Inc. $187.72; M & T Fire and Safety, Inc. $3,107.67; Mandan Northwest Pipe Fittings, Inc. $1,736.60; McKennett Law Firm $11,147.50; McKenzie County Fair Board $4,459.50; McKenzie County Farmer, Inc. $1,472.74; McKenzie County Landfill $8,534.50; McKenzie County Recorder $30.50; McKenzie County Recorder $582.20; McKenzie County Road & Bridge $4,183.20; McKenzie County Tourism Bur $500.00; McKenzie County Treasurer $45.00; McKenzie Electric Coop, Inc. $4,521.00; Merryman Excavation, Inc. $710,577.24; Meuchel Enterprises Inc. $112.22; Michael Todd & Company, Inc. $194.45; Mildred Williams $51.06; Mondak Portables, LLC $1,190.00; Montana Dakota Utilities, Inc. $11,120.37; ND Building Official Association $160.00; ND Dept of Transportation $139.60; Nelson Contracting $504.00; Northland Feed and Seed Inc. $137.50; OK Implement Co – Napa $248.58; OK Implement, Inc. $1,268.72; Postmaster $408.25; Postmaster $533.90; Power Plan OIB $131.95; Premier Diesel $6,883.33; Pristine Water Solutions, Inc. $3,376.00; R.S. Bennett Construction Company, LLC $149,762.59; RDO Equipment Co. $16,300.00; Red Carpet Carwash $111.30; Reservation Telephone $1,246.55; Schmidt Law Firm, P.C. $310.00; Sirchie Finger Print Laboratories $419.07; Slade Herfindahl $200.00; Stein's, Inc. $54.95; Tand Construction LLC $79,069.05; Taylor Ag Services, Inc. $159.38; Terry Nate Jeffries $125.00; Utility Services Associates $2,715.00; Verizon Wireless $847.00; Visa $1,805.03; Watford City Enterprises LLC $600.00; Watford City Express Laundry Center $161.00; Watford City Park District $3,126.85; Watford City Rotary Club $130.00; Wolf Run Village, Inc. $500,000.00; Xerox Corporation $312.66; Z & S Dust Control $4,781.60.

Council Member Voll moved to approve signing the lease with Watford City Enterprises, LLC for the mobile home lot in Watford City Courtyard, noting that Watford City Enterprises required the City to sign the lease as-is. Motion seconded by Council Member Bolken and carried by the following roll call vote: Voll, Bolken, Pacheco, Homiston; nays: none.

A special City Council meeting will be held September 10, 2012 at 6:00 p.m. at City Hall.

The next regularly scheduled City Council meeting will be on Monday, October 1, 2012 at 6:00 p.m. at City Hall.

There being no further business, the meeting was adjourned at 8:55 p.m. These minutes are published subject to the City Council’s Review and Revision pursuant to NDCC 40-01-09.1.

_________________________ _____________________________

Laura Anderson, City Auditor Brent Sanford, Mayor

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