OFFICIAL PROCEEDINGS
OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD
OCTOBER 13, 2009, AT 7:30 P.M. AT CITY HALL IN WILLISTON, NORTH DAKOTA.
1. Roll Call of Commissioners
COMMISSIONERS PRESENT: Howard Klug, H. James Lawson, Brent Bogar, Brad Bekkedahl,
E. Ward Koeser
COMMISSIONERS ABSENT: None
OTHERS PRESENT: John Kautzman, Chief Hanson, Shawn Wenko, Kent Jarcik, Doug Lalim, Monte
Meiers, Rick Marburger, Pete Furuseth, Captain Ladwig
President Koeser entertained a motion to add to 7B Communications - Randy Azar to address a concern
and add to 9D Fire Chief – 1) grant application.
MOTION BY KLUG, 2ND BY BOGAR, to amend the agenda.
MOTION CARRIED BY VOICE VOTE.
2. Consent Agenda
A. Reading and Approval of Minutes for:
1. Regular Meeting Dated September 22, 2009
2. Special Assessment Minutes Dated September 22, 2009
3. Special Meeting Dated October 6, 2009
4. Special Meeting Dated September 29, 2009
B. Auditor
1. Accounts, Claims and Bills
For checks between: 10/01/09 - 10/13/09
Check Vendor/Employee/Payee Check
# Amount
-89997 12020 RANDY M DONNELLY 1132.84
-89996 12017 JOHN L. KAUTZMAN 2121.24
-89995 12028 RAINNIE L. LADUE 1217.19
-89994 12029 LORI A. LARSEN 855.37
-89993 12018 SANDRA K. SOLBERG 1229.18
-89992 13026 KEVIN W. CRAFT 849.12
-89991 13022 BETTY J. JOHNSON 1166.21
-89990 13028 JESSICA J. PEDERSON 939.25
-89989 13027 CRYSTAL A. SCHAUBEL 994.15
-89988 13025 JOLEEN S. TINKER 921.88
-89987 18021 ROBERT J. BENTH 1483.14
-89986 18100 TANA L. BRUNSVOLD 46.32
-89985 18022 SHARYL J. BUSCH 2107.72
-89984 18026 MATTHEW L. GARDNER 1632.05
-89983 18001 ALAN K. HANSON 1687.96
-89982 18027 STEVEN D. KERZMANN 2009.47
-89981 18088 WILLIAM J. MYERS 52.64
-89980 18024 JONATHON RASMUSSEN 1649.76
October 13, 2009 2 City Commission Meeting
-89979 18023 DANIEL J RAYMOND 1506.40
-89978 18099 ERICA SCHULTZ 37.87
-89977 18020 RICHARD SHEARER 1864.63
-89976 19099 STEVEN D. ARMSTRONG 1106.32
-89975 19024 DAVID L. BELISLE 1086.47
-89974 19092 DUSTIN J. BERTSCH 963.99
-89973 19028 MARK R. BITZ 1490.42
-89972 19090 HEATHER M. CECIL 1064.12
-89971 19076 CORY G COLLINGS 1384.46
-89970 19093 CALEB A. FRY 1017.20
-89969 19009 LINDA R. GRANBOIS 943.06
-89968 19075 RICK E. HAAKENSON 1302.25
-89967 19017 MARK HANSON 1191.52
-89966 19082 RANDY M. HAUGENOE 1044.03
-89965 19012 THOMAS L. LADWIG 1669.76
-89964 19011 JAMES L LOKKEN 2079.29
-89963 19014 KENNETH B. OWENS 1360.69
-89962 19089 JOHN L. PFAU 1088.19
-89961 19096 KENNETH L. PRENTICE 1040.04
-89960 19086 DION D. STEINLEY 990.46
-89959 19101 DARYL D. WALLIN 954.82
-89958 19077 MICHAEL S. WILSON 1288.16
-89957 20047 KELLY M. ABERLE 879.75
-89956 20045 DOUGLAS I. LALIM 1402.92
-89955 21040 MONTE C. MEIERS 1848.18
-89954 21054 WAYNE A WIEDRICH 1257.95
-89953 22020 ROBERT D. KNAPPER 1786.78
-89952 23078 DON A. EIDE 1259.70
-89951 24019 ROBERT D. COUGHLIN 752.21
-89950 24017 STEVEN W. JENSEN 1044.79
-89949 24018 EFFIE J. MILLER 958.05
-89948 24013 THOMAS C. POTTER 1132.26
-89947 24002 RICHARD RESELL 1723.02
-89946 25110 KENNETH W. BERGSTROM 1291.96
-89945 26039 DIANE K. ALBRIGHTSON 709.71
-89944 26041 SARAH J. BERRY 1027.59
-89943 27062 DWIGHT J. ELLINGSON 1068.02
-89942 27076 DANNY R. GERGEN 1114.92
-89941 29013 RODNEY D. HELSTAD 1207.03
-89940 29011 RICHARD D. MARBURGER 85.32
-89939 29014 MYRON C. OYLOE 172.70
-89938 29012 RAYMOND D. ROOKS 1035.58
-89937 30027 JAMES E. PHILLIPS 1269.63
-89936 34102 PAUL L. ARNSON 41.56
-89935 34103 CHRISTOPHER J. BROSTUEN 41.56
-89934 34017 KENT A. JARCIK 1738.67
-89933 34016 ELAINE B. SINNESS 747.63
-89932 35025 JOSILYN F BEAN 856.91
-89931 35020 RENEE D. BOWMAN 1013.76
-89930 48087 MAUREEN S. LAQUA 503.04
October 13, 2009 3 City Commission Meeting
-89929 48080 SHERRY RODVOLD 559.94
-89928 48013 DEBORAH A. SLAIS 918.71
-89927 48095 HOLLY V. TKACHYK 386.54
-89926 48034 YVONNE A. TOPP 481.48
-89925 48089 CLARA WEGLEY 502.97
-89924 52013 SHANNON K. INNIS 816.69
-89923 52021 ANGELA D. KOVACS 961.63
-89922 52011 ANN M. KVANDE 891.59
-89921 52003 THOMAS C. ROLFSTAD 1896.15
-89920 52020 SHAWN WENKO 1290.62
-89919 53006 LAURIE K. BECKER 110.82
-89918 53005 BOBBI JO CLARKE 820.30
-89917 53002 AMY A. KRUEGER 1258.06
-89916 54005 ANTHONY W MELBERG 731.92
-89915 54007 WILLIAM L. PERKINS 1163.34
-89914 54008 TAMMY K WRIGHT 975.20
-89913 56002 JEREMY T BAKKEN 83.11
-89912 56025 MICHAEL S. CONLIN 55.41
-89911 56026 SCOTT COPENHAVER 27.70
-89910 56011 KELLY MOODY 41.56
-89909 56015 DWIGHT A RICHTER 27.70
-89908 DEFERRED COMP NATIONWIDE 12603.39
RETIREMENT SO
-89907 FIT U.S. TREASURY 47142.50
-89906 WEAPON CITY OF WILLISTON 75.00
33501 17016 TOM J. GLENN 781.24
33627 12026 KAREN P. LARSON 590.44
33628 13029 JANET M. JOHNSRUD 840.02
33629 18086 GAYLEN ANDERSON, SR. 47.10
33630 18019 THOMAS R. BLOCH 1952.89
33631 18061 JANICE L BRUINS 197.40
33632 18028 DAVID C. DONNER 1784.17
33633 18069 CARLA M. HOROB 147.76
33634 18096 TRACY C. KERZMANN 81.50
33635 18098 EVAN M. LEISETH 63.72
33636 18081 JENNIFER A. SAX 8.31
33637 18048 DARWIN STEVENS 60.49
33638 18079 SCOTT S. TANNER 52.64
33639 18078 MICHAEL W. WALTERS 56.34
33640 18097 DUANE S. WINTER 160.63
33641 19095 WALTER H. HALL 1037.69
33642 19098 DAVID A. PETERSON 1158.47
33643 19062 LES W. SLAGLE 1356.40
33644 19056 CHARLES TANNER 1209.04
33645 19100 RYAN C. ZIMMERMAN 1014.06
33646 21051 CARL S DUNN 1291.51
33647 21041 ROBERT E HANSON 1879.13
33648 21052 RAYMON J. SKOGEN 1021.86
33649 22021 LES CHRISTENSEN 1228.50
33650 22014 GARY L GLOVATSKY 1046.74
33651 23136 JAMES B. ENGEN 1121.09
October 13, 2009 4 City Commission Meeting
33652 23151 SCOTT A. GROTHE 592.26
33653 23126 BRENT E. HANSON 1061.77
33654 23039 BRUCE A. JOHNSON 1055.29
33655 23142 ROBIN S OLIVERIA 964.87
33656 23123 GREGORY C WERKMEISTER 1073.26
33657 25030 PEDAR A. ANDRE 1171.80
33658 25106 RICHARD S. ODEGARD 1129.26
33659 25112 DUANE F. OVERBY 601.60
33660 25037 JACK L. SJOL 1808.87
33661 27058 DAVID LEE BELL 1678.34
33662 27067 RICHARD D. BORUD 1007.80
33663 27066 GORDON GRIMMER 1388.22
33664 27100 THOMAS SHANE JONES 770.03
33665 27096 RUSSELL E. MOMBERG 1172.70
33666 27091 JOSEPH G. MONSON 919.80
33667 27078 LEO ST. PIERRE 781.04
33668 29017 CURTIS L. SULLIVAN 536.06
33669 30048 ADRIENNE STEPANEK 307.24
33670 31052 JUSTIN L. OVERBY 1123.04
33671 31051 GORDON L. SMESTAD 1216.99
33672 32006 WILLIAM M. MCQUISTON 1179.56
33673 34105 GLENN A. BOYEFF 41.56
33674 34106 GERALD L. FLECK 41.56
33675 35026 JANE D. URBATSCH 457.82
33676 36006 NEIL W. BAKKEN 1353.73
33677 37008 LAVERN GOHL 1104.03
33678 48105 HALEY M BECKER 100.43
33679 48107 PATRICIA G. HAGEN 41.56
33680 48102 KAYLA J. HELL 103.78
33681 48103 JAMES S. HOLMAN 853.14
33682 48106 CLARA A. REINKE 93.74
33683 48088 WINIFRED M. SCHIELE 293.38
33684 54065 PATRICIA K. FIORENZA 1041.87
33685 56001 DAVID W ARNSON 18.47
33686 56028 DAVID BENTH 18.47
33687 56003 RANDALL H BJELLA 207.79
33688 56023 MATHEW P. EKBLAD 18.47
33689 56005 CORY J HANSON 50.79
33690 56006 RANDY D HANSON 50.79
33691 56030 MARTIN J. HAUG 46.17
33692 56007 TROY R HEUPEL 46.17
33693 56034 BLAINE C. JEANOTTE 46.17
33694 56032 DARIN P. LUTHER 36.94
33695 56009 BILLY J LYNN 50.79
33696 56012 MILES A MORTENSON 9.23
33697 56013 JOSH S MOSBRUCKER 55.41
33698 56016 KYLE J ROSSLAND 23.09
33699 56019 GARVIN D SEMENKO 204.21
33700 56020 DARWIN J STEVENS 254.08
33701 56022 SCOTT TANNER 27.70
October 13, 2009 5 City Commission Meeting
33702 56031 ZACHARIAH J. WAITMAN 36.94
33703 56027 MICHAEL W. WALTERS 50.79
33704 MONTANA CSED MONTANA CSED 44.18
33705 ND STATE DISBUR ND STATE 819.00
DISBURSEMENT UN
33706 246 PHYSIO-CONTROL, inc 270.36
33707 1 3-D SPECIALTIES, INC. 814.25
33708 8 ALL SEASONS SPORT ABOUT 743.89
33709 561 AMERICAN MEDICAL ASSOCIATION 104.90
33710 540 AQUA-PURE INCORPORATED 8820.00
33711 31 AT&T SYSTEMS 185.57
33712 33 BAKER & TAYLOR CO. 550.43
33713 34 BALCO UNIFORM CO., INC. 2748.46
33714 37 BASIN CLEANING 1499.00
33715 38 BASIN PRINTERS, INC. 504.50
33716 39 BASIN TIRE SERVICE,INC. 4714.29
33717 40 BECHTOLD PAVING, INC. 288.40
33718 41 BERRY DAKOTA 255.00
33719 49 BLACK MOUNTAIN SOFTWARE 498.75
33720 52 BORDER STATES ELECTRIC 1173.19
33721 599 BRAATEN PLUMBING, INC 84.20
33722 999998 Misc Payroll Vendor 382.95
33723 69 CARQUEST WESTERN AUTO 176.30
33724 589 CHAPMAN LAW OFFICE 81.25
33725 999998 Misc Payroll Vendor 25.00
33726 73 CHRISTOPHERSON'S TIN 328.89
33727 75 CITY LAUNDRY 459.18
33728 77 CITY OF WILLISTON 854.90
33729 78 CITY OF WILLISTON 28455.50
33730 79 CITY OF WILLISTON 2593.94
33731 80 CITY OF WILLISTON 9.25
33732 567 CRAIG'S SMALL ENGINE REPAIR 106.15
33733 89 CRAVEN-HAGAN CLINIC, LTD. 540.00
33734 999999 CRYSTAL WOLFLEY 150.00
33735 91 CULLIGAN 13.00
33736 572 CURRENT SOFTWARE, INC 750.00
33737 548 DAKOTA DIESEL 666.61
33738 555 DAKOTA OIL PROCESSING LLC 11049.17
33739 595 DASH MEDICAL GLOVES 49.90
33740 98 DAVID BELISLE 117.50
33741 100 DAWA SOLUTIONS GROUP 3600.00
33742 588 Dickinson CVB 150.00
33743 541 DISCOUNT SEW VAC 8.00
33744 109 DOEDEN CONSTRUCTION 1694.80
33745 568 DPC INDUSTRIES, INC 2545.35
33746 119 EBEL INC. 559.99
33747 549 ECONOMART 37.70
33748 124 ELECTRIC & MAGNETO, INC. 77.12
33749 125 ELECTRO WATCHMAN, INC. 411.50
33750 577 Emergency Medical Products 1099.52
33751 545 EZ-LINER 586.13
October 13, 2009 6 City Commission Meeting
33752 127 F&F SPRINKLER SYSTEMS 302.06
33753 129 FARGO GLASS & PAINT CO. 10356.00
33754 553 Farm and Ranch Guide 32.95
33755 569 FEDEX 31.47
33756 571 FEE INSURANCE AGENCY, INC 8262.00
33757 562 FIVE STAR CLEANING AND REST. 655.50
33758 134 FORT UNION SUPPLY & TRADE 499.78
33759 575 G & G GARBAGE, INC 2570.00
33760 139 GAFFANEY'S 621.54
33761 144 GRAYMONT WESTERN CANADA 5984.73
33762 539 HACH 83.13
33763 999999 HAVEN BURSHIA 200.00
33764 151 HAWKINS, INC. 4206.96
33765 152 HEATHER CECIL 12.50
33766 550 HEDAHLS PARTS PLUS 63.97
33767 153 HEIMAN FIRE EQUIP., INC. 741.68
33768 559 HOLIDAY INN MINOT 461.00
33769 161 HOME OF ECONOMY 403.50
33770 162 HORIZON RESOURCES 41.76
33771 163 HOSE AND RUBBER SUPPLY 473.36
33772 164 HOTSY EQUIPMENT CO. 350.00
33773 557 INSULATION-N-COATINGS, INC 5677.54
33774 175 INTERSTATE ENGINEERING 59477.10
33775 596 ITC 470.25
33776 590 JANET ZANDER 280.29
33777 186 JERRY'S TRANSMISSION SVC. 232.14
33778 999999 JESSE LINGENFELTER 500.00
33779 542 John's Muffler Shop 92.30
33780 196 KADRMAS LEE & JACKSON INC 21852.61
33781 999998 Misc Payroll Vendor 89.55
33782 199 KELLER PAVING 84261.25
33783 556 KEMPER CONSTRUCTION 3762.63
33784 204 KEYZ-KYYZ RADIO 200.00
33785 205 KFYR-TV 216.00
33786 999999 KIM ROTH 400.00
33787 211 KOIS BROTHERS EQUIP CO 758.51
33788 212 KOTANA COMMUNICATIONS 104.00
33789 219 LAWSON PRODUCTS, INC. 106.41
33790 591 LEXIS NEXIS 37.84
33791 239 MATERIAL TESTING SERVICE 1082.00
33792 585 MCCODY CONCRETE PRODUCTS, INC 355.25
33793 243 MDU 29687.57
33794 245 MEDQUEST 324.07
33795 247 MERCY MEDICAL CENTER 35.26
33796 250 MICROMARKETING ASSOCIATES 259.95
33797 252 MIDCONTINENT COMM. 194.09
33798 260 MODERN MACHINE WORKS 17.10
33799 573 MOLSTAD EXCAVATING, INC. 3500.00
33800 261 MON-DAK PLG & HTG, INC. 290.50
33801 546 MonDak Energy Alliance 1250.00
October 13, 2009 7 City Commission Meeting
33802 566 MOODY'S INVESTORS SERVICE 11350.00
33803 551 MORELLI'S DISTRIBUTING, INC. 17.00
33804 267 MOUNTRAIL-WILLIAMS REC 527.52
33805 270 MURPHY MOTORS, INC. 137.50
33806 271 MVTL/MINNESOTA VALLEY 63.00
33807 999999 MYLINDA TROXEL 650.00
33808 275 NAPA AUTO PARTS 801.06
33809 278 NAT'L FIRE PROTECTION 985.00
33810 999999 NATHAN STEEN 900.00
33811 294 ND FIREFIGHTER'S ASSOC 124.93
33812 303 ND POST BOARD 270.00
33813 311 ND STATE RADIO COMM. 360.00
33814 317 NDWPCC 190.00
33815 570 NEENAH FOUNDRY 1269.31
33816 320 NEMONT 179.71
33817 584 NMN, Inc. 260.20
33818 552 NORTHERN WATER WORKS SUPPLY 1987.03
33819 333 NORTHWEST SUPPLY CO. 794.89
33820 337 O'DAY EQUIPMENT, INC. 1050.00
33821 344 ONE FULFILLMENT 152.50
33822 351 PENWORTHY 1300.94
33823 565 PETER H. FURUSETH 3687.50
33824 999999 PETEY'S PAINTING SERVICE 5000.00
33825 357 POLAR REFRIGERATION, INC. 283.14
33826 359 PRAXAIR DISTRIBUTION INC 573.59
33827 999999 PRESTON MILLER 350.00
33828 360 PRISTINE WATER SOLUTIONS 8127.00
33829 362 PRO SAFE PEST CONTROL 242.00
33830 366 QUALITY SERVICE W/COFFEE 104.00
33831 367 QUILL CORPORATION 533.88
33832 597 QWEST 948.96
33833 598 QWEST CORPORATION 650.00
33834 368 R. J. BENTH 55.00
33835 558 RAYCO MANUFACTURING, INC 279.29
33836 381 REGENT BOOK CO. 61.27
33837 390 RICHARD A. JOHNSON 160.00
33838 999998 Misc Payroll Vendor 89.99
33839 405 RYAN MOTORS 38.21
33840 999998 Misc Payroll Vendor 42.80
33841 409 SANITATION PRODUCTS 295.50
33842 412 SCHMITZ LAW OFFICE 2737.50
33843 415 SELECT FORD 723.20
33844 416 SELID PLUMBING & HEATING 504.51
33845 563 SHERWIN INDUSTRIES, INC 377.47
33846 421 SHOW ME BOOKS INC 192.00
33847 543 Skjei Design Co. 8000.00
33848 424 SNAP-ON TOOLS 140.65
33849 426 SOURIS RIVER TELECOMM. 89.28
33850 427 SRF CONSULTING GROUP INC 7045.18
33851 574 STARION BOND SERVICES 1500.00
October 13, 2009 8 City Commission Meeting
33852 436 STONEY CREEK KENNELS 2100.00
33853 999999 STUMVOLL ELECTRIC, INC. 432.00
33854 440 SULLIVAN CONSTRUCTION 15001.90
33855 578 Sure-Vent Ltd. 304.78
33856 600 SWANBERG CONSTRUCTION INC 95350.00
33857 544 SWANSTON EQUIPMENT CORP. 343.01
33858 586 Terry Braun 182.00
33859 594 THE DICKINSON PRESS 155.00
33860 554 THE ECONOMIST 67.25
33861 576 THE GLASS SHOP 95.00
33862 453 THRIFY WHITE PHARMACY 448.44
33863 460 TRACTOR & EQUIPMENT CO. 30932.30
33864 587 TRAIN ND 135.00
33865 468 TRUE VALUE HOME CENTER 65.53
33866 484 VERIZON WIRELESS 1048.78
33867 485 VESSCO, INC. 31.74
33868 487 VISA 747.78
33869 488 VISA 1105.56
33870 496 WCS TELECOM 157.67
33871 498 WESTERN FIRE & SAFETY 83.90
33872 499 WESTERN SIDING & WINDOWS 331.58
33873 501 WESTERN VET CLINIC 120.00
33874 503 WESTLIE MOTOR CO. 136.49
33875 532 WILLIAMS COUNTY HIGHWAY DEPT. 215.73
33876 564 WILLIAMS RURAL WATER DISTRICT 761.68
33877 538 WILLIAMS RURAL WATER DIST/QUA 199.90
33878 509 WILLISTON AREA CHAMBER 205.00
33879 514 WILLISTON COMM. LIBRARY 140.90
33880 518 WILLISTON HERALD 6992.19
33881 519 WILLISTON HOME&LUMBER 285.04
33882 547 Williston State College 42350.00
33883 525 WILLISTON TIRE CENTER 2973.30
33884 526 WILLISTON TRUE VALUE 16.96
33885 530 WILLISTON/WMS. CO. - LEC 287.22
33886 579 ZOLL MEDICAL CORP. 1109.76
Grand Total 803553.15
2. Application for a Local Permit or Charity Local Permit
A. Williston Volunteer Fire Dept., 11-25-09 – Raffle
B. American Cancer Society Relay for Life, 11-30-09 to 12-24-09
Calendar Raffle
C. Dance Fever Booster Club, 12-03-09 – Raffle
D. Rickard PTO, 11-19-09, Raffle
3. Special Permit to Sell Alcoholic Beverages
A. El Rancho Corp., 11-3-09 and 11-4-09, Annual Holiday Tasting
Party with the Williston EMT and Firefighters
B. MT Heads, Inc.; 10-17-09; Williston Basin Racing Assoc. Banquet
C. MT Heads, Inc.; 10-24-09; Pheasants Forever Banquet
October 13, 2009 9 City Commission Meeting
4. Application for Arborist License
5. Application for Waste Haulers License
A. Arrow Sanitation – 2009
B Arrow Sanitation - 2010
C. Building Official
D. City Planner
1. Request to allow a public hearing for November 10, 2009 for Vacation of a portion
of the street right-of-way between Lots 1&12, Block 3 and Lots 1&2, Block 1,
Williston Rail Industrial Park - Halliburton
2. Request to approve Rural Water Hook-up for Lot 5, Block 1, Scenic East
Subdivision – Penn
E. Assessor
1. Abatement
a. Bernice I. Munyer, 1623 Main St.; Williston, ND 58801
The value be adjusted accordingly because client qualifies for blind
Exemption NDCC 57-02-08(22)
2. Exemptions
a. Commercial Exemptions – Years Exempt 2010-2011-2012
1. Stinger Wellhead Protection; Lot 3R, Rearr L3 & 4, Krieger
Subdivision, City of Williston; Replace metal siding and install O.H.
Doors
b. New Residence Exemptions – Years Exempt 2010-2011
1. Aberle, Darcy W & Kelly M; Lot 38, Block 5, Joan Hagan 1st
Addition, City of Williston; Single Family Residence
2. Mapes, Alan & Brooke; Lot 5 & S 5' adjacent walkway vacated 9-
28-93, Block 5, Lewison Addition-Amended Blocks 2-5, City of
Williston; Single Family Residence
3. Gabbert, Lanny & Linda; Lot 7R, Block 2, Lewison Rearrangement,
City of Williston; Single Family Residence
4. Sullivan Construction Inc.; Lot 7, Block 6, Lewison Addition, City
of Williston; Single Family Residence
5. Sullivan Construction Inc.; Lot 13 & S 5' Adjacent Walkway
Vacated 9-28-93, Block 1, Lewison Addition, City of Williston;
Single Family Residence
c. Residential Property – Years Exempt 2010-2011-2012
1. Lyle G. Heller; Lot 31 less South 5', Block 4, College Hill Addition,
City of Williston; Siding, soffit, and fascia on house and garage
2. Christopher & Deberah Kemp; Lot 18, Block 8, College Hill
Addition, City of Williston; Remodel upstairs bathroom
3. Goodman Jr., Tyler G. & Dianne; Lot 12 & 13 less West 11.06',
Block 7, Highland Homes Second Addition; Garage and 2nd story
addition to house-700 sq. ft. each floor
4. Westlie, Randy & Stephanie; Lot 9, Block 3, Wegley Subdivision,
City of Williston; Siding and windows
5. Aafedt, Dean W & Pamela; Lot 11, Block 9, College Hill Addition, City
of Williston; Kitchen remodel.
October 13, 2009 10 City Commission Meeting
MOTION BY LAWSON, 2ND BY BEKKEDAHL, to accept the consent agenda as presented to the
Commission.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
3. Bid Openings
4. Public Hearings
1. Payment in Lieu of Taxes for:
a. Williston Hospitality Associates/Cascade Homes
Koeser opened the public hearing.
Koeser read a letter from Shawna Gooch-Egge, who was unable to attend, regarding the Williston
Hospitality Associates, LLC. Koeser asked one of the Commissioners on the Abatement Committee to
recap their recommendations. The request is for a Payment in Lieu of $1 per unit for 5 years. Bogar
stated the recommendation was to look at each phase separate Phase 1 is 12 units, Phase 2 is 10 units and
Phase 3 is 28 units this is why the dollar amounts are different, due to the number of units per phase. It is
the recommendation of the Abatement Committee to recommend to the City of Williston (Williams
County) to grant the payment in lieu on the structural True & Full Value according to the schedule. This
schedule includes figures based on year two at 20%, year three at 40%, year four at 60% and year five at
80%.
Koeser announced that Phase 1 is complete, Phase 2 is currently under construction and Phase 3 has not
started yet.
Bogar stated that if the unit is sold the PILOT structure would be forfeit and go under the tax rules, if the
project were to be sold to a different developer or investor they would have to reapply.
John Dunlap, Cascade Homes, thanked the Abatement Committee for their recommendation and the
opportunity to speak with the Commission Board.
Dunlap stated their findings showed that in the market place the ability for people to purchase units is
difficult due to lack of income verification when moving into the Williston area. Dunlap said Cascade
Homes had to make a decision and either wait with the construction of the rest of the project for the
market to emerge or shift the product to a rent/lease option to allow the construction to continue and meet
the housing needs of Williston. Cascade Homes decided to go into a rent/lease option. Dunlap
commented that it is the intention of Cascade Homes to sell these units as individual townhomes at a later
date.
Klug asked after the units have been rented is it Cascade Homes intention to sell the townhomes, Dunlap
said yes.
Bekkedahl asked if the units go into a sale property are they not eligible for the property tax exemption,
Koeser said yes.
Koeser asked for a second time for public input.
October 13, 2009 11 City Commission Meeting
Koeser asked for a third and final time for public input.
With no public input heard, the hearing was closed.
Koeser stated there was a recommendation from the Abatement Committee to grant the payment in lieu
on the structural True & Full Value according to the following schedule. This schedule includes figures
based on year two at 20%, year three at 40%, year four at 60% and year five at 80%.
MOTION BY LAWSON, 2ND BY BEKKEDAHL, to accept the recommendation of the Abatement
Committee to grant the payment in lieu on the structural True & Full Value according to the
following schedule. This schedule includes figures based on year two at 20%, year three at 40%,
year four at 60% and year five at 80%.
Klug commented that this is now being treated as commercial property. He would like to see the City of
Williston maintain a course of what has been done with 50% for three years and 100% for two years or
something that is similar to what has been done to other commercial properties. Bogar said in the
Payment in Lieu program it has to be fixed dollars and not percentages and the project has already been
started.
Klug asked what has been done in the past when a structure has been built and then come back and
request a different program. Klug states that if this project would have come in first as rentals than the
garages may not be where they are currently and the alleyway wouldn’t be necessary that the people
across the street paid for also. Koeser commented that he didn’t think anything like this has happened
before, Lawson said he doesn’t recall anything.
Klug asked if the rest of the units will be built the same way, Dunlap said the next block may be single
level units but with the 22 units, Phase 1 and 2, they are already fixed due to the foundations being
poured. Koeser asked Dunlap about building single-level units to make them more marketable and
Dunlap said during the open house there were between 70 to 90 people and of those, 65% to 70% were of
the ages of 60 to 65 years of age and had the units been single-level availability it would have been
different. Koeser asked when Phase 3 will be started, Dunlap stated as long as the market and rental
needs are there they would start immediately.
AYE: Lawson, Bogar, Bekkedahl, Koeser
NAY: Klug
ABSENT AND NOT VOTING:
CARRIED: 4-0
2. Special Assessments
Sidewalk Improvement 2009-1
Lot Mowing 2009
Parking Lot District 09-6
Water, Sewer & Street Improvement Street 2008-3
Sealcoat Improvement 2009-2
Street & Alley Improvement 2009-3
Water, Sewer & Street Improvements 2009-4
Water, Sewer, Storm Sewer & Street Improvements 2009-5
Koeser opened the special assessment public hearing and asked Kautzman to give an overview.
October 13, 2009 12 City Commission Meeting
Kautzman asked if there is anyone at the meeting to protest. With no protests Kautzman gave a recap
sheet to the Commission with a total of $2,062,070.23 and wants to change two items. The second was
Seal Coat District 09-2 was recorded at $150,620.81 and should be $150,670.81. There is a correction on
the minutes for the Special Assessment Meeting in regards to Section 3 of District 09-5, which had a
reduction recommended and was approved by the Special Assessment Board for $815.73. That total area
would be $676,882.51 for a grant total of $2,061,304.50 for all districts. The lot mowing is due in one
year, sidewalks are a three year assessment, seal coats are over 10 years and all other assessments are over
15 years. The recommended interest rate is 5.02% based on net interest cost on bond issues that were
recently sold plus a 1-1/2% allowed by Statute.
Koeser asked for a second time for public input.
Koeser asked for a third and final time for public input.
MOTION BY KLUG, 2ND BY LAWSON, to approve the special assessments as presented by the
Auditor for the years stated and the interest of 5.02% and the dollar amount as stated by the
Auditor.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
5. Accounts, Claims and Bills Not Approved in the Consent Agenda
6. Ordinances
7. Petitions, Communications and Remonstrance’s
A. Citizen’s Concern Regarding Campers Parked on the Street
Koeser received a call from a citizen concerned about campers parked on the street during the summer.
Koeser visited with the Chief of Police regarding this issue and get an idea of the ordinances to better
explain it to the caller.
Koeser also stated with the upcoming winter there is an Ordinance, which was passed last year, that
during December 1st through March 31st there will be no campers, trailers or boats parked on the streets
due to snow removal. The citizen’s concern was with peoples “toys” there are safety issues and they
make the streets look cluttered. Koeser let the concerned citizen know that he would bring it to the
attention of the Commissioners and he hoped the Williston Herald was at the meeting to get the
information out that they shouldn’t be doing this and as of December 1st they will need to find a place to
store their “toys” and the Ordinance will be enforced during this time.
Kautzman received a phone call from another concerned citizen. Kautzman suggested he write a letter to
the Board, but to date there has been no letter. The callers concern is the camp ground on the West side
close to Mr. Dunlap’s construction site, and could possibly be the employees of Mr. Dunlap, are being
allowed to live there and wants to know how long will this go on.
Dunlap said they are his employees and they are making arrangements to house the workers in one of the
completed units. He will address this situation again.
Koeser asked the Captain from the Police Department to read the Ordinance for parking vehicles on the
street during the summer months. Captain Ladwig states that no one can park any type of camper on a
October 13, 2009 13 City Commission Meeting
city street without being attached to another vehicle and you cannot park anything on city streets for more
than 48 hours at a time. Ladwig goes on to say that it has always been the Police Department’s policy
that they don’t respond unless there is a complaint filed because people do not have a place to park their
campers.
Klug stated his concern is electrical cords running across sidewalks and slides sticking out into the streets
and sidewalks. Captain Ladwig stated when these issues are seen they normally contact the owner of the
camper and inform them that this is not allowed.
B. Dangerous Buildings
Lalim handed out a packet to the Commissioners and recapped the issue with the building on 412 8th
Street West. On July 28, 2009 Lalim spoke with Mr. Azar and it was agreed he would demolish the
building and upon agreement with the Commissioners Mr. Azar was given 60 days to complete this. Sixty
days was up on October 1st and Lalim gave Mr. Azar an additional 15 days and the building is still up.
Lalim went over some of the problems with the building. Lalim said if Mr. Azar wants to save the
building he would have to put in a new foundation and move it three feet from the property line to make it
conforming and repair the building.
Randy Azar states he agrees with the findings but says he is having a difficult time parting with the
building and would like to renovate it. The two sheds have been removed and the barn has been jacked
up. Azar wants to leave the building at its present location and doesn’t feel he should have to move it
three feet since that is where is has been all this time. Koeser asked if it’s right on the property line,
Lalim isn’t sure but the neighboring garage is only six inches from the shed.
Azar said he would like to build a new wall six inches in to be on the concrete slab and leave the building
where it is.
Bekkedahl asked if there is a floating slab or is there foundation walls, Azar thinks it’s a floating slab.
Bekkedahl asked if it had to be moved it wouldn’t involve four foot footings and foundation, Azar said no
just a floating slab. Azar feels the roof needs some repairs but the frame work is in good enough shape to
be repaired along with the north and south walls to sit on the slab.
Koeser asked if the Commission follows the Building Inspector’s recommendations than he feels
someone should look at the building.
Klug asked if this work was done would it be considered a building, Azar said it would be a
nonconforming building and according to the nonconforming portion of the Ordinance you can only
update it to 10% of the value of the building per year.
Azar said he has spoke with a mover but could not move it until spring, due to personal reasons.
Bekkedahl asked beyond moving the building and putting new walls on what would be Mr. Azar’s
minimum remodeling for the exterior of the building to make it look presentable to the neighborhood such
as painting or siding. Mr. Azar said the north and south walls, once they’re replaced would be sided and
the end walls could be painted. Bekkedahl feels the building needs to be painted.
October 13, 2009 14 City Commission Meeting
MOTION BY LAWSON, 2ND BY BOGAR, to accept Lalim’s recommendation for demolition.
Bekkedahl asked if concurrent with the motion and it’s approved, would the property owner be allowed to
bring it to compliance if the building was moved and upgraded, Lalim said that would have to be part of
the motion as an option.
MOTION BY LAWSON, 2ND BY BOGAR, to amend the motion to allow the building to come into
compliance with set backs, structure and maintenance.
Bogar asked what time frame is Lalim looking for. Lalim says it is already 15 days late and would be
going to the City Attorney this week. If Azar decides to demolish the building he has until November 1,
2009.
Azar asked if the garage next to his building, which is nonconforming, will have to be moved to be
conforming to the law.
Lalim said if Azar’s building had been maintained every year, sitting where it is and in better condition
the building can stay where it’s at forever as nonconforming because it had been maintained, but it hasn’t
been maintained and now it’s beyond repair. Lalim said if he gets a complaint about the building next
door than he will have to deal with at that time.
Roll call on amendment
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
Roll call on original motion as amended
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
8. Report of Commissioners
A. President of the Board
B. Vice-President; Fire, Police, and Ambulance Commissioner
C. Street and Improvement, Sanitation, Cemetery and Public Works Commissioner
D. Finance Commissioner
E. Water Works, Sewer, Airport, Building and Planning Commissioner
9. Report of Department Heads
A. City Auditor
1. Code of Conduct
Kautzman stated Tri-County needed a Code of Conduct as part of the grant information they have been
putting together for NSP Funds and other grant projects. Kautzman handed out a copy of the Code of
Conduct signed by the Mayor and acknowledge the Board agrees with the Code of Conduct. Kautzman
asked if everyone involved with City operations should sign the Code of Conduct since it is part of the
personnel policy.
Koeser feels the proper City personnel should sign the Code of Conduct so they are aware of what is in it.
October 13, 2009 15 City Commission Meeting
Kautzman recommends attaching a sheet to the Code of Conduct with all the necessary signatures.
MOTION BY BOGAR, 2ND BY KLUG, to have all the necessary City personnel sign the Code of
Conduct.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
2. New Water Bill Procedure Outline
Kautzman handed out copies of the new water bills to the Board. Meters were read on October 12, 2009
which is a 12-day delay from the normal reading process. The software company has recommended
changing the read cycle closer to the billing cycle, which would be at the end of the month. Kautzman
will use this current read cycle done on October 12, 2009 for the upcoming billing cycle. He would like
to follow their recommendation to move the read cycle an addition two weeks to get it closer to the billing
cycle. If the Board agrees on this procedure the bill would be for current water used in the last 30 days
instead of the old billing cycle where it was the month before. The customers weren’t clear on how the
old procedure worked and there were many calls and questions.
Koeser’s concern is with the late reading and the end of summer rates the customers will have a larger bill
than normal. Kautzman mentioned that there will be an additional number of days of the upcoming bill
and that the City would look to follow the recommendation and move it further back to line it up with the
billing cycle.
Koeser stated that Williston is the only community to reduce water rates in the summer to encourage
watering of lawns and when the rates are no longer in effect and you are still watering your lawn you get
hit with a higher bill than expected already and now to add on one-third of a month is concerning.
Kautzman said the bill will be similar in a postcard type bill as used in the past.
B. Attorney
C. Director of Public Works/City Engineer
1. Utility & Access easement
Meiers states a request for underground easement by MDU, Nemont and Midcontinent was received for
the back three feet of Lots 48 through 57 of Block 5 of the Joan Hagan Subdivision for three feet. The
request is made in order to allow the utility companies to put their facilities on one side of the improved
ally without much disturbance. Meiers states he doesn’t have a problem with the request, but would like
wording or provisions added to the easement that allows City alley purposes if needed.
MOTION BY BOGAR, 2ND BY LAWSON, to approve the easement agreement as presented.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
October 13, 2009 16 City Commission Meeting
2. 4 Way Stop Request
Meiers received a letter from Baker Hughes regarding a 4-way stop at intersection of West Broadway and
East Dakota Parkway due to the increase of traffic. Meiers states that this will need to be discussed with
the North Dakota Farm and Transportation because the City has an agreement with them with Federal Aid
funds and this will have to be approved by them.
MOTION BY LAWSON, 2ND BY KLUG, to deny the 4-way Stop Request.
Bekkedahl asked if this isn’t passed can the City go to the DOT and inform them of the concerns without
making a formal request, Meiers said yes.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
D. Fire Chief
Chief Hanson stated an opportunity to apply for a Homeland Security Grant relating to hazardous material
response and needs to be in Bismarck by Friday morning. It is a 100% grant with no matching funds and
will enhance their capabilities to respond to hazardous material incidents in this area. Chief Hanson is
requesting permission for the Mayor to sign the grant.
MOTION BY LAWSON, 2ND BY BEKKEDAHL, to apply for the grant and approve the Mayor to
sign the grant.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
E. Chief of Police
F. Building Official
G. City Planner
H. Economic Development
1. United Pulse
HOLD
2. Ceynar Chiropractic
Rolfstad stated that this is a FLEX Pace request from Ceynar Chiropractic to build a new office on 2nd
Avenue West.
Robert Ceynar, Ceynar Chiropractic, states he and his son, who is currently in chiropractic school, are
looking to expand their business.
Rolfstad said the Star Fund interest buy-down portion of the requested amount is $84,047. Rolfstad said
with discussions they aren’t ready to roll out the formal FLEX Pace program at this time but possibly
capping the projects at $25,000. It’s the recommendation of STAR Fund to allow the FLEX Pace but cap
October 13, 2009 17 City Commission Meeting
it at $25,000. On this Flex PACE loan the community portion of the loan is 30% and the Bank of North
Dakota amount is 70%.
MOTION BY LAWSON, 2ND BY KLUG, to approve the $25,000 FLEX Pace amount to Ceynar
Chiropractic.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
3. Leonardite Products, LLC
Rolfstad stated the Star Fund approved Leondardite Products, LLC to receive up to $72,000 as Star Fund
match with the PACE interest buy-down loan. When the grant request was presented to the City
Commission the loan amount needed had been lowered so the City Commission granted Star Fund dollars
up to $48,500 to match the updated PACE buy-down paperwork.
Leondardite Products, LLC has experienced a hold up on the loan due to construction. Leonardite
Products would like to change the loan term from the original 10-year term to a 15-year term loan. The
change in length of the loan changes the amount of community dollars that would be needed for the
match. Leonardite Products is now requesting $76,000 as a Star Fund match.
It is the Star Funds recommendation to approve the Bank of North Dakota PACE interest buy-down with
the Star fund portion of the buy-down up to $76,000, subject to meeting the Bank of North Dakota
guidelines and the terms of the final loan agreements.
Koeser asked what had been approved previously, Rolfstad said $54,000.
MOTION BY KLUG, 2ND BY BEKKEDAHL, to approve the Bank of North Dakota PACE interest
buy-down with the Star fund portion of the buy-down up to $76,000, subject to meeting the Bank of
North Dakota guidelines and the terms of the final loan agreements.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
I. Airport
1. Airport Hanger Leases
Marburger has two hanger leases from Mr. Janssen and Mr. Rossland for the Board’s consideration.
Marburger recommends these leases be approved and signed by the Mayor.
MOTION BY LAWSON, 2ND BY BOGAR, to approve the hanger leases from Mr. Janssen and Mr.
Rossland and have the Mayor sign the leases.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
October 13, 2009 18 City Commission Meeting
J. Assessor
K. Convention and Visitor’s Bureau
10. Appointments and Consultations with Officers
A. STAR Fund Board Appointment
Koeser announced there are two openings on the Star Fund Board. The first one is replacing Dave
Brendsel, who has served two terms, and Koeser recommends Aaron Knudsvig for this position. The
second opening is Chris Brosteun and he is interested in serving a second term, who Koeser also
recommends.
MOTION BY LAWSON, 2ND BY BOGAR, to approve the appointment of Aaron Knudsvig and
Chris Brosteun to the Star Fund Board.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
11. Unfinished Business
A. Damage Settlement and Road Use Agreement – Brigham Oil & Gas L.P.
Kautzman said this is acknowledgement and to ratify the action taken towards the agreement.
MOTION BY BOGAR, 2ND BY BEKKEDAHL, to ratify the action taken and signing of the
agreement.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
B. New Industry Guidelines
HOLD
C. Flex Pace Guidelines
HOLD
12. New Business
Kautzman said there was an individual who bought property from the City who has not built on it as of
yet. The agreement states that the City can buy back the property at the price he paid the City. Kautzman
wants to know if the Board would like to buy them back at the purchase price or allow resale as the
current market price allows.
Terry Barber, Buyer, states the property in the southeast corner consists of two lots and wanted to put
townhouses or apartment buildings up but currently Barber is unable to find an investor to help with this
project due to the market. The lot on 4th Street has a shared sewer and water and would need to be
excavated which would cost approximately $8,000 and Barber feels with the value of the area he wouldn’t
be able to build anything that would result in a profitable sale. Barber may be able to sell the property on
October 13, 2009 19 City Commission Meeting
4th Street to the landowner next to the property. Barber suggests trying to sell the larger property and if he
is unsuccessful after six to eight months than the City would buy it back.
Kautzman recommends enforcing the agreement that is in place and sell it back to the City at cost and put
them back into the City’s inventory.
MOTION BY KLUG, 2ND BY BOGAR, to purchase the property back per the agreement.
AYE: Klug, Lawson, Bogar, Bekkedahl, Koeser
NAY: None
ABSENT AND NOT VOTING:
CARRIED: 5-0
13. Executive Session
14. Adjourn
MOTION BY LAWSON, 2ND BY BEKKDAHL, to adjourn.