OFFICIAL PROCEEDINGS OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD JUNE 9, 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, E. Ward Koeser COMMISSIONRS ABSENT: Brad Bekkedahl OTHERS PRESENT: John Kautzman, Tom Rolfstad, Chief Lokken, Doug Lalim, Monte Meiers, Shawn Wenko, Pete Furuseth, Kent Jarcik, Shawna Gooch-Egge 2. Consent Agenda A. Reading and Approval of Minutes for: 1. Regular Meeting Dated May 26, 2009 B. Auditor 1. Accounts, Claims and Bills FINANCE & COMMUNITY DEVELOPMENT: RECORD ONLY: FIRST NATIONAL BANK RECORD ONLY 11,445.46 FIRST NATIONAL BANK RECORD ONLY 31,519.65 FIRST NATIONAL BANK RECORD ONLY 82.96 FIRST NATIONAL BANK RECORD ONLY 19,374.64 FIRST NATIONAL BANK RECORD ONLY 14,985.93 FIRST NATIONAL BANK RECORD ONLY 12,113.29 ____________ SUBTOTAL 89,521.93 PREPAIDS: PAYROLL 6/05/09 CHECK #10810-10903 146,844.69 ND STATE DISBURSE. UNIT Child Support 879.91 MONTANA CSED Child Support 61.68 TRAVIS DERENDINGER BOND REFUND 200.00 KARI HALL RESTITUTION 300.00 CHAD HOYT BOND REFUND 100.00 ROBERT KILES BOND REFUND 300.00 ND PERS Purchase 500.00 JAN THUE June COBRA 346.27 WMS. CO. TREAS./RECORDER Recording Fee 83.00 PHEASANTS FOREVER Gaming Refund 40.00 RICK BRAKKEN BOND REFUND 250.00 MCDONALDS RESTITUTION 15.00 COURTNEY MCINTYRE REFUND 200.00 ALEX POWER REFUND 20.00 JIM SATRA RESTITUTION 1,200.00 CHRYSTIN MCGILLIS REFUND 400.00 ECONOMART RESTITUTION 50.00 U.S. POST MASTER Postage 1,019.09 ____________ SUBTOTAL 152,809.64 June 9, 2009 2 City Commission Meeting COMMUNITY DEVELOPMENT: ____________ SUBTOTAL FINANCE: CITY OF WILLISTON AUDITOR 80.00 CITY OF WILLISTON AUDITOR(IBM) 52.29 RADISSON HOTEL BISMARCK HOTEL EXP 110.00 INFOPRINT SOLUTIONS COMP 6400 MATRIX 357.00 LEXIS-NEXIS GROUP ND ADV LG 09 55.20 MUNICIPAL GOVT ACADEMY REG. FEES 70.00 PITNEY BOWES, INC. RENTAL 207.00 BEST WESTERN KLARSON 110.00 SANDRA SOLBERG TVL EXP 120.48 STAR BUSINESS FORMS COMP PAPER 951.30 WCS TELECOM PHONE BILL 88.15 WILLISTON HERALD CITY BALLOT 739.44 WILLISTON HERALD ORD 920 15.75 WILLISTON HERALD PH-BAILEY 102.12 WILLISTON HERALD PH-FEMA 142.40 WILLISTON HERALD 041409 MINUTE 780.75 PETER H. FURUSETH ATTY FEES 4,475.00 SCHMITZ LAW OFFICE LEGAL SVCS 6,537.50 PETER H. FURUSETH MUN JUDGE 1,000.00 CITY OF WILLISTON CITY HALL 100.70 EARL'S ELECTRIC, INC. SUPP/LABOR 715.73 MON-DAK PLG & HTG, INC. SVC CONT MAY 107.75 MDU UTILITIES 1,091.91 U.S. POST MASTER BOX 1306 RENT 220.00 CITY LAUNDRY DOOR MATS 80.50 MDU UTILITIES 1,088.57 BROWN & SAENGER FURNITURE 4,518.35 INFORMATION TECH DEPT WAN FIBER 250.00 TIOGA TRIBUNE 1 yr sub 30.00 VERIZON WIRELESS PHONE BILL 209.33 WCS TELECOM PHONE BILL 41.03 WILLISTON HIGH SCHOOL HS Dorsey 326.00 ANGELA KOVACS Reimbursement 59.95 GAFFANEY'S INKCARTRIDGE 26.31 SRF CONSULTING GROUP INC CONSULT SVCS 16,326.49 WCS TELECOM PHONE BILL 17.39 WILLISTON AREA STAR FD LUNCH 15.00 KENT JARCIK TVL EXP 162.03 KOHLER COMMUNICATIONS RADIO MAINT. 184.65 ____________ SUBTOTAL 41,566.07 TOTAL 283,897.64 SANITATION, STREETS & IMPROVEMENTS: GAFFANEY'S MLA FOLDER 23.40 SOURIS RIVER TELECOMM. CITY ENGINEER 9.71 VERIZON WIRELESS PHONE BILL 147.85 AMERICAN LEGION POST #37 US FLAG 50.00 EAST FORK GRAVEL WSHD CHIP 6,194.20 GAFFANEY'S VIEW BINDER 12.88 June 9, 2009 3 City Commission Meeting GAFFANEY'S 8-TAB SHT PRT 5.62 HUSKY OIL MKTG. CO. RS-1 6,377.43 MDU UTILITIES 5,256.79 MOUNTRAIL-WILLIAMS REC WAL MART LITE 165.02 ROUGHRIDER DOORS SRV'D DOOR 45.00 SANITATION PRODUCTS RUBBR DEFL 232.59 SHERWIN-WILLIAMS REPAIR KIT 293.76 SOURIS RIVER TELECOMM. PW ADMINISTRA 19.10 SOURIS RIVER TELECOMM. ROADS/STREETS 2.35 CARQUEST WESTERN AUTO THROTTLE 39.58 CARQUEST WESTERN AUTO THROTTLE CR 5.90- CARQUEST WESTERN AUTO TIRE PATCH 38.18 CARQUEST WESTERN AUTO TORK TWLS 87.00 DAKOTA DIESEL USA, INC. CLAMP 92.84 DAKOTA DIESEL USA, INC. RTN CLMP 46.42- DALLAS SAILER ENTERPRISE FUEL SURCHG 25.00 DALLAS SAILER ENTERPRISE PARTS 367.50 ECONOMART SUPPLIES 49.90 ELECTRIC & MAGNETO, INC. SPECH PLUG 18.00 ELECTRIC & MAGNETO, INC. UNIT #0275 220.00 FORT UNION SUPPLY & TRADE SUPPLIES 135.53 GAFFANEY'S SUPPLIES 85.23 HAUGEN'S, INC. SUPPLIES 543.60 HAUGEN'S, INC. UNIT #5178 250.20 HEDAHLS PARTS & PLUS SENSOR#1205 59.39 HOSE AND RUBBER SUPPLY SWIVEL 74.86 INTERSTATE POWER SYSTEMS FANS/PARTS 775.07 KOIS BROTHERS EQUIP CO RAPID-RAIL 1,998.25 NAPA AUTO PARTS AIRFILTER 26.62 NAPA AUTO PARTS AIRFILTERS 175.85 NAPA AUTO PARTS BATTERY 335.52 NAPA AUTO PARTS BOLTS 11.96 NAPA AUTO PARTS CORE DEP. 31.00 NAPA AUTO PARTS CREDIT 31.00- NAPA AUTO PARTS DISCOUNT 19.35- NAPA AUTO PARTS HI/LW GUAGE 52.73 NAPA AUTO PARTS HOSE 38.41 NAPA AUTO PARTS OIL FILTER 25.36 NAPA AUTO PARTS OIL FILTERS 92.27 NAPA AUTO PARTS UNIT #1122 64.81 NAPA AUTO PARTS UNIT #6112 111.81 NORTHWEST SUPPLY CO. SUPPLIES 73.80 PRAXAIR DISTRIBUTION INC OXYGEN/ACET 49.40 PRAXAIR DISTRIBUTION INC URETHANE 127.33 R & B SUPPLY CO., INC. GOODYEAR BLK 108.95 SANITATION PRODUCTS UNIT #5156 398.99 SOURIS RIVER TELECOMM. CITY SHOP .34 SELECT FORD RELAY 10.79 WILLISTON TRUE VALUE HOOK/LWN FER 86.93 WILLISTON TRUE VALUE SUPPLIES 66.89 WILLISTON TIRE CENTER 2 TIRES 232.08 TURFWERKS THROTTLE 250.90 HANDY ANDY'S NURSERY 1613 E HILLCR 89.00 CITY OF WILLISTON REFUSE ADMIN 6,083.00 CITY OF WILLISTON REFUSE RENT 1,250.00 SOURIS RIVER TELECOMM. SANTI COLLECT 6.23 CITY OF WILLISTON REFUSE ADMIN 10,000.00 June 9, 2009 4 City Commission Meeting HORIZON RESOURCES DIESEL FUEL 2,903.38 HORIZON RESOURCES DIESEL TAX 373.06 FRANZ CONSTRUCTION, INC. TRAIN WRECK 492.50 GAFFANEY'S 5PK ENVELOPE 4.66 MOUNTRAIL-WILLIAMS REC MAY, 09 402.02 MDU UTILITIES 315.37 AGRI INDUSTRIES, INC. EST#5 D082 2,043.30 KADRMAS LEE & JACKSON INC 04/09-D09-4 3,781.60 ____________ TOTAL 53,710.02 WATER, SEWER, CEMETERY & AIRPORT: CITY OF WILLISTON BLDG INSPN 16.60 CULLIGAN Water 6.50 INT'L CODE COUNCIL Books 35.95 AL MCFARLANE April Inspect 1,150.00 RAMKOTA HOTEL Room Charge 55.00 VERIZON WIRELESS PHONE BILL 56.20 WCS TELECOM PHONE BILL 8.35 CITY OF WILLISTON SEWER ADMIN 83.00 CITY OF WILLISTON SEWER RENT 833.00 HOSE AND RUBBER SUPPLY 16MP-16MP 1,995.00 ASTRO-CHEM LAB, INC. CELL#3-5/14 118.80 ASTRO-CHEM LAB, INC. CELL#3-5/7 118.80 CITY OF WILLISTON SEWER ADMIN 833.00 ENVIRONMENTAL TOXICITY TOXICITY TST 675.00 HORIZON RESOURCES SAE 50/20 87.45 MDU UTILITIES 4,648.52 SOURIS RIVER TELECOMM. SEWER TREATM 1.95 BRUCE'S PLG & HTG, INC. A.GILBERT 70.00 BRUCE'S PLG & HTG, INC. A.SHIRLEY 157.96 BRUCE'S PLG & HTG, INC. B.BARTELS 210.14 BRUCE'S PLG & HTG, INC. B.CLOUSE 107.84 BRUCE'S PLG & HTG, INC. B.ELLVANGER 28.00 BRUCE'S PLG & HTG, INC. C.GARDNER 56.00 BRUCE'S PLG & HTG, INC. C.HURAVITCH 98.85 BRUCE'S PLG & HTG, INC. C.MACK 100.20 BRUCE'S PLG & HTG, INC. C.SWARTHOUT 94.83 BRUCE'S PLG & HTG, INC. D.LANGSETH 130.95 BRUCE'S PLG & HTG, INC. D.UNGER 98.00 BRUCE'S PLG & HTG, INC. G.SAX 403.82 BRUCE'S PLG & HTG, INC. H.PETERSON 84.00 BRUCE'S PLG & HTG, INC. H.RIELY 100.47 BRUCE'S PLG & HTG, INC. I.DONOVAN 227.41 BRUCE'S PLG & HTG, INC. J.BENTLEY 70.00 BRUCE'S PLG & HTG, INC. J.ELLETSON 74.50 BRUCE'S PLG & HTG, INC. J.HACKENBURG 66.65 BRUCE'S PLG & HTG, INC. J.JOHANNSEN 106.93 BRUCE'S PLG & HTG, INC. J.KRABSETH 276.55 BRUCE'S PLG & HTG, INC. J.LONG 174.18 BRUCE'S PLG & HTG, INC. J.PETERS 138.12 BRUCE'S PLG & HTG, INC. J.WEYRAUCH 192.49 BRUCE'S PLG & HTG, INC. K.LYNCH 134.58 BRUCE'S PLG & HTG, INC. K.NJOS 70.00 BRUCE'S PLG & HTG, INC. L.SIMENSEN 75.35 BRUCE'S PLG & HTG, INC. M.KELLER 118.45 BRUCE'S PLG & HTG, INC. M.MCGINLEY 56.00 June 9, 2009 5 City Commission Meeting BRUCE'S PLG & HTG, INC. M.WENSTAD 111.63 BRUCE'S PLG & HTG, INC. N.FALCON 143.21 BRUCE'S PLG & HTG, INC. P.JORE 115.85 BRUCE'S PLG & HTG, INC. R.HANSON 56.00 BRUCE'S PLG & HTG, INC. R.HASS 80.55 BRUCE'S PLG & HTG, INC. R.MILLER 96.20 BRUCE'S PLG & HTG, INC. RITZKE 57.60 BRUCE'S PLG & HTG, INC. S.JORGENSON 84.00 BRUCE'S PLG & HTG, INC. T.ENGET 84.00 BRUCE'S PLG & HTG, INC. T.OXENDAHL 162.35 BRUCE'S PLG & HTG, INC. T.THOMPSON 81.78 BRUCE'S PLG & HTG, INC. V.BARKIE 264.48 BRUCE'S PLG & HTG, INC. V.ENGER 56.00 BRUCE'S PLG & HTG, INC. Y.SAVIDGE 70.00 CITY OF WILLISTON RESELL 22.60 CITY OF WILLISTON WATER AD RENT 6,916.00 CITY OF WILLISTON WATER ADMIN 17.43 FARGO WATER EQUIPMENT CO 1" METER 3,916.25 FARGO WATER EQUIPMENT CO 1"METER 414.96 FARGO WATER EQUIPMENT CO 2" METER 486.71 FARGO WATER EQUIPMENT CO 3/4" METER 4,758.75 FARGO WATER EQUIPMENT CO 3/4"&5/8" CPL 277.70 FARGO WATER EQUIPMENT CO 3" METER 2,891.85 FARGO WATER EQUIPMENT CO 3"METER 9,940.45 FARGO WATER EQUIPMENT CO 4" METER 1,734.29 FARGO WATER EQUIPMENT CO 4"METER 3,239.02 FARGO WATER EQUIPMENT CO 5/8X5/8 METER 1,184.11 STAR BUSINESS FORMS WATER BILL 570.13 VERIZON WIRELESS PHONE BILL 71.43 WILLIAMS RURAL WATER DIST BETHKE 58.31 WILLIAMS RURAL WATER DIST D. EDENLOFF 120.45 WILLIAMS RURAL WATER DIST HAGEN'S 34.98 WILLIAMS RURAL WATER DIST IND EQUIPMENT 74.19 WILLIAMS RURAL WATER DIST J. EDENLOFF 68.45 WILLIAMS RURAL WATER DIST MOE 45.73 WILLIAMS RURAL WATER DIST MOON 59.35 WILLIAMS RURAL WATER DIST REIGER 54.28 WILLIAMS RURAL WATER DIST VIZINIA 35.84 ADVANCED ENGINEERING & APR 09 P152 6,523.86 ASTRO-CHEM LAB, INC. LAB TESTING 15.00 CITY OF WILLISTON WATER DISTB 2,190.48 HOSE AND RUBBER SUPPLY ADAPTER 71.92 KADRMAS LEE & JACKSON INC 04/09-P157 4,417.56 MDU UTILITIES 385.36 NORTHERN WATER WORKS PIPING 485.36 NORTHERN WATER WORKS PJ X MIPT 164.28 NORTHERN WATER WORKS SUPPLIES 1,460.24 PRAXAIR DISTRIBUTION INC CO 2 CYLD. 37.14 PRAXAIR DISTRIBUTION INC CO-2 DIOXIDE 37.14 PRAXAIR DISTRIBUTION INC WASHER 4.08 REED BUSINESS INFORMATION P162-5/18/09 280.44 SOURIS RIVER TELECOMM. WATER DISTRIB 1.73 VERIZON WIRELESS PHONE BILL 135.38 ADVANCED ENGINEERING & APR'09-WTP 752.00 GFS CHEMICALS, INC. SUPPLIES 592.36 CITY OF WILLISTON WATER TXT ADM 83.00 FALCON PUMP & SUPPLY REPAIR SUPPL 408.43 June 9, 2009 6 City Commission Meeting GRAYMONT QUICKLIME 5,516.13 HACH COMPANY SUPPLIES 366.79 ITASCA SYSTEMS, INC. CHEMICALS 3,881.02 ND DEPT OF HEALTH LAB TEST 4,216.17 WILLISTON TRUE VALUE BUNGEE'S/SKT 49.97 WILLISTON TRUE VALUE PIPE FTTNGS 30.90 DPC INDUSTRIES CHLORINE 1,089.80 CITY OF WILLISTON CEMETERY ADM 291.50 CITY OF WILLISTON BURIAL PRMT 5.00 MDU UTILITIES 239.53 SOURIS RIVER TELECOMM. CEMETERY 1.18 BASIN CLEANING CLEANING SVC 1,495.00 BORDER STATES ELECTRIC HID LAMP 167.46 CITY LAUNDRY MATS/MOPS 102.60 CITY OF WILLISTON AIRPT TERM 124.90 CITY OF WILLISTON SNOW REMOVA 25.55 COUNTRY FLORAL LANDSCAPING 257.95 EMRY'S LOCKSMITHING SERVICES 36.00 FORT UNION SUPPLY & TRADE FCHARGE .37 FORT UNION SUPPLY & TRADE SUPPLIES 32.28 HAUGEN'S, INC. SUPPLIES 206.00 HAUGEN'S, INC. TRACTOR MTC 543.85 ROD D HELSTAD TVL REIMB 925.26 HOME OF ECONOMY SUPPLIES 97.76 RICHARD A. JOHNSON COOLING TOWER 160.00 KFYR-TV ADVERTISING 240.00 MONTANA PIVOT GATE 1500 COIL SPR 598.00 MOUNTRAIL-WILLIAMS REC AIRPORT LITES 19.00 NAPA AUTO PARTS DISCOUNT .06- NAPA AUTO PARTS SUPPLIES 2.78 OIL FIELD SAFETY, INC EXTINGUISHER 220.35 MYRON OYLOE TVL REIMB 307.06 VERIZON WIRELESS PHONE BILL 208.53 WILLISTON HERALD ADVERTISING 147.00 KADRMAS LEE & JACKSON INC PROJECT 27 5,568.64 KADRMAS LEE & JACKSON INC PROJECT 29 147.83 KADRMAS LEE & JACKSON INC PROJECT 31 7,996.70 ____________ TOTAL 106,066.86 AMBULANCE, BUILDING INSPECTION, TRAFFIC SAFETY, FIRE, LEC & MDU UTILITIES 20.30 BORDER STEEL QA-7 47.31 CITY LAUNDRY MOPS 7.95 CITY OF WILLISTON FIRE HALL 253.80 DAKOTA DIESEL USA, INC. ENGINE 8 134.94 HEIMAN FIRE EQUIP., INC. SPANER WRENCH 29.30 KOTANA COMMUNICATIONS PAGER 1,740.00 MON-DAK PLG & HTG, INC. SEAL KIT 473.00 NAPA AUTO PARTS CLEANER 75.85 NAPA AUTO PARTS LOCK ADH 16.50 NAPA AUTO PARTS OIL/BELT 52.91 NAPA AUTO PARTS REPAIRS 73.97 NAPA AUTO PARTS SUPPLIES 10.47 NORTHWEST SUPPLY CO. SUPPLIES 114.95 PRO SAFE PEST CONTROL PEST CONTROL 92.00 VERIZON WIRELESS PHONE BILL 82.03 June 9, 2009 7 City Commission Meeting BALCO UNIFORM CO., INC. BADGES 105.00 BALCO UNIFORM CO., INC. NON-LETHAL 556.00 CITY OF WILLISTON POLICE(IBM) 200.00 GAFFANEY'S RIBBONS 39.43 RANDY HAUGENOE MINOT 112.50 HOME OF ECONOMY BATTERY 32.29 MILLY'S ALTERATIONS BUTTONS 3.00 MILLY'S ALTERATIONS HEM 7.00 MILLY'S ALTERATIONS HEM/PATCHES 65.00 MILLY'S ALTERATIONS PATCHES 25.00 NORTHERN PLAINS ARMED FORC. 100.00 NORTHERN PLAINS CLICKIT/TICK. 100.00 REEVES COMPANY, INC. NAMEPLATES 50.42 SERVICE DRUG DANA COOKE 12.10 SOURIS RIVER TELECOMM. 5/22/09 84.38 VERIZON WIRELESS PHONE BILL 435.58 VISA CRIME PREV. 88.10 VISA GAS 35.00 WILLISTON/WMS. CO. - LEC MAY 2009 270.00 WILLISTON HERALD MEMORIAL DAY 51.00 WILLISTON HERALD NAT EMS WEEK 51.00 CITY OF WILLISTON 9-1-1 616.00 VERIZON WIRELESS PHONE BILL 30.76 VISA 911 OFFICE 37.38 QWEST CORP ALI EXTRACT 650.00 CUSTOM WELDING 6411 752.43 EMERGENCY MEDICAL PRODUCT SUPPLIES 389.52 KOTANA COMMUNICATIONS PAGER 4,350.00 NAPA AUTO PARTS OIL CHANGE 145.13 O.K. DISTRIBUTING, INC. EMS WEEK 183.21 PRAXAIR DISTRIBUTION INC OXYGEN 348.14 VERIZON WIRELESS PHONE BILL 61.52 WCS TELECOM PHONE BILL .18 CITY OF WILLISTON SIGNS 62.50 MDU UTILITIES 43.06 ____________ TOTAL 13,317.91 GRAND TOTAL 456,992.43 2. Application for a Local Permit or Charity Local Permit a. Family Gathering Relay for Life Team July 1, 2009 to July 28, 2009 Raffle 3. Special Permit to Sell Alcoholic Beverages a. N&J Enterprises, Inc. Anderson & Kalloch Reception June 20, 2009 b. MT Heads, Inc. Kalmik & Stevens Reception June 19, 2009 c. MT Heads, Inc. Rettig & Overby Reception June 13, 2009 June 9, 2009 8 City Commission Meeting 4. Application for Arborist License a. Eloy Landscaping, Inc. – Eloy Chaparro b. Timber Tree Service – Gary Mindt 5. Application for Pesticide Applicator’s Permit 6. Application for Local Site Authorization to Conduct Blackjack, Bingo/and or Tip Games of Chance a. Edgar M. Boyd Post #37 1. American Legion Club ~ 1 Twenty One Table, 5 Tip Jars b. Disabled American Veterans/Dept. of North Dakota 1. Veterans Memorial Room Raffle November 19, 2009 C. Building Official 1. Application for Journeyman Plumber’s License a. Travis Jennings – J. Berd Mechanical b. Greg Truggeseth – J. Berd Mechanical 2. Application for Master Mechanic and Fuel Gas Piping Installer a. Mark Hoxmeier – Whitetail Heating and Cooling 3. Application for Sewer and Water Installer’s License a. Steve Ross – Steve Ross Construction D. City Planner 1. Request to approve Rural Water New Hook-up for Lot 1, Block 3, Wegley Green Acres- Tesoro E. Assessor 1. Abatement a. Name: Kyle Stebleton Address: 1402 1st Ave E Legal: Volney 2nd L1 Reason: Disabled veteran’s exemption 2. Exemptions MOTION BY LAWSON, 2ND BY BOGAR, to accept the consent agenda as presented to the Commission. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 3. Bid Openings A. Bid Tabulation – 7th Street Water Main Replacement Project 162 Meiers handed out a recap of the bids. The pipe bursting installation portion was a base bid and it was bid with the water main replacement and patching, and also included a section with an alternative and overlaying the entire area. The 12 inch water main to be replaced is in a five block area, from Main to University on 7th street. The low bid was Kemper Construction at $316,189 and $250,000 was budgeted for the project. Meiers feels that if they are going to limit how much they are going to do, then the five blocks they want to do are the two blocks from Second to Main and then three blocks the other direction. Since they have limited money, they talked about just focusing on the five blocks and not do the asphalt overlay. June 9, 2009 9 City Commission Meeting In review, Meiers said he included Kemper Construction’s breakdown of the cost for the asphalt patching for the blocks. The contractor did ask for an additional $7,000 for immobilization since the five blocks was his major base bid, and a change order will need to be done if the bid is awarded to Kemper. The bid is now at $302,639 which is less because they don’t have to go through the Main Street intersection. Meiers recommends awarding the bid to Kemper Construction for the pipe bursting of section 1, in the amount of $316,189 and to do a change order to reduce the price down to around $302,000. Koeser asked if they are just going to fix the asphalt over the area they are working on, which Meiers replied they will not be cutting the whole asphalt since they will be doing a pipe burst and the area at the intersections that will opened up with be patched. Koeser wondered if they would be voting now for the $316,189 bid to be accepted, then a change order would be brought in at a later time and Meiers said that is what would happen. He added they will still be over budget by $52,000 but they decided when they did the budgets for next year; they would program it to be included into improvement dollars for next year. MOTION BY KLUG, 2ND BY LAWSON, to accept the Engineer’s recommendation and reward the contract to Kemper Construction in the amount of $316,189. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 Koeser wanted to make everyone aware that they had a vote today to continue the one percent sales tax for 10 years. There were 742 votes cast, with 513 voting yes and 229 no, so the tax will be in place for another 10 years. This tax helps to do projects like the one just talked about and he thanked everyone for their support. 4. Public Hearings A. Soto Holdings, LLC Koeser opened the public hearing and asked Dr. Sara Solberg to go over what they are looking to do. Solberg stated they are requesting property tax exemption for the next five years while they are establishing a new medical clinic for the community. Soto Holdings will own and operate the building and land that will be leased to Great Plains Women’s Health Clinic, which is owned by Solberg and Dr. Tong. They are very excited and motivated to invest in Williston as a community, and feel very strongly about providing quality healthcare to the women in this community and surrounding communities. The new clinic will be approximately 9,500 square feet and will be located at the northwest corner of 11th Street West and Gate Avenue. The new space will accommodate patient flow and demand, giving them 15 exam rooms. They anticipate recruiting a third OB-GYN doctor which will help create more job positions at the clinic and help them extend their services beyond this community even more. Currently 65% of their patients come from the Williams County area, leaving the rest to come from surrounding communities. Solberg said they experienced a 21% increase in the number of patients they provided healthcare to in 2008 compared to 2007, and expect to see that grow again with the growth of their clinic. Solberg added that their new medical clinic will add a great deal to this community and they are respectfully asking for the five year property tax exemption to be passed. Koeser thanked Solberg and asked if there were any questions. Klug asked where their clinic is now, at which Solberg said they currently rent space from Mercy Medical Center. Klug wondered if the hospital June 9, 2009 10 City Commission Meeting is going to be able to rent out the space to someone else and Solberg replied that the hospital already has plans for that space. Klug also wanted to know if they were going to be able to do any new procedures at the new clinic. Solberg said they will be, since Mercy Medical is a Catholic Health Initiative establishment they are limited to the procedures they can perform, like sterilization, and the new facility will allow them to offer those office procedures to the women of this community. Gooch-Egge stated that Soto Holdings applied for the new industry exemption and the Commission can grant anywhere from zero to five years and zero to 100 percent, which excludes the land. They are asking for the five years at 100 percent. The recommendation of the City/County Abatement committee was to grant them two years at 100 percent and three years at 50 percent. Koeser called for public input. Rolfstad commented that the new industry exemption was intended for this kind of expansion. By them coming here and setting up a practice, we are getting people to use our hospital and community more than what they are at the present time. Having a third OB-GYN doctor would dramatically increase the number of patients coming here. Allowing them to grow and expand is a big plus for the community. Koeser called a second, third and final time for public input. Hearing no input, the hearing was closed. MOTION BY LAWSON, 2ND BY BOGAR, to follow the recommendation of the abatement committee and grant Soto Holdings a new industry exemption at 100% for two years and 50% for three years. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 B. LaFave Properties, LLC Koeser opened the public hearing and asked Gooch-Egge to go over what is being requested. Gooch- Egge stated that Joe LaFave is proposing a new motel across the street from the County Courthouse where the old recycling building was. Initially he requested a new industry exemption at 100% for five years and then decided to request a Payment in Lieu first and he would fall back on the new industry exemption if this request was denied. The difference between the Payment in Lieu of Taxes and the new industry exemption is a set amount that was negotiated will be paid each year instead of the tax bill with the Payment in Lieu, while the New industry exemption is an exemption of zero to 100% for zero to five years, and taxes will still be paid on the land. LaFave has requested $0 for years one through five, $5,000 for years six through 10, $7,500 for years 11 through 15 and $10,000 for years 16 through 20. The recommendation from the City/County Abatement committee was to deny the Payment in Lieu but grant the new industry exemption for five years at 100%. LaFave stated the reason he feels the Payment in Lieu is so important for this project is because he wants to make sure the motel project takes off and does well in this community. He has been facing some issues that include not being on US Hwy 2, not being close to other motels and not being close to the airport. He commented that he likes the site but it is a little smaller than he would like it to be. The advantages of having the motel downtown are it is going to be a huge asset to the downtown community; it will be convenient for people to stay at the extended stay motel when working out of town and have places to shop and eat close by and having a conference room and bar available on site. June 9, 2009 11 City Commission Meeting LaFave said he knows Candlewood was offered a Payment of Lieu with $0 payment for years one through five and $20,000 payments for years six through 10, so he thought to be fair, he would cut it in half and ask for half of what Candlewood will be paying. LaFave went on to say that he is the president of Lakeside Builders and also the president of Midwest Leasing and has been a developer for the past 25 years. He is anxious to do this project but wants to make sure he gets in on the right foot. He understands that there are hotels that have been in this community for a long time and hopes if they do upgrades and changes to their establishments, they will be offered the same incentives as he is being offered. Koeser asked him what his timeline is for this project, at which LaFave said he would like to start in August and be done with the motel by the spring of 2010. Koeser called for public input. Klug asked how many rooms are needed for a hotel liquor license and LaFave answered 70. Klug wondered how he was going to put a bar in there when he was only going to have 56 and LaFave replied that he would have to pay $25,000 to get the license. Klug said that was not the case, that license was a restaurant license. Kautzman added the $25,000 license available is for an establishment that has a majority of their sales that are food related, and it appears his lounge would be more bar than restaurant. Klug mentioned there are other considerations that need to be looked at that make it more a restaurant than a bar license. Kautzman said he would get LaFave the section and let him read through it, as long as he meets the requirements and the Board approves, he would be able to get the license. LaFave wanted to mention the motel could be added onto in the future. Everything in the motel has been mapped out to be able to do that. Koeser called a second, third and final time for public input. Hearing no input, the hearing was closed. Koeser mentioned there were a variety of actions that could be taken, including the Payment in Lieu or the new industry exemption. MOTION BY LAWSON, 2ND BY BOGAR, to follow the recommendation of the Abatement committee and grant a new industry exemption at 100% for five years. Klug said the Commission just gave a new industry exemption of 100% for two years and 50% for three years to a business that is expanding and that business would bring new procedures into Williston, and now this business is coming in and competing with other hotels and lounges and the Commission is going to give them 100% for five years, why would they want to give them more incentives than someone that is bringing something new into town. Koeser doesn’t think there is a response for that. Klug feels to be fair to all the businesses coming into Williston; they need to do the same thing for each business. Koeser thanked Klug for his comments. Rolfstad asked Gooch-Egge what the Candlewood Suites received on their Payment in Lieu of Taxes. Gooch-Egge said they will pay $0 for years one through five and $20,000 for years six through 10, and they are about double the size and cost as LaFave’s project. The Holiday Inn will pay $0 for years one through five, $20,000 for years six through 10, $25,000 for years 11 through 15 and $30,000 for years 16 through 20. The Holiday Inn project is much larger. Rolfstad mentioned the other two motels are receiving a lot more than LaFave is so he agrees there should be some consistency when giving incentives. June 9, 2009 12 City Commission Meeting Klug said he was opposed to the Candlewood Suites Payment in Lieu also. He doesn’t feel it was right to give the local developer who brought in a new hotel three years at 100% and three years at 50%, but give the out of town developers better incentives. Kautzman asked Gooch-Egge to recap what other hotels in the community can apply for when doing improvements. She replied they can apply for the new industry or expanding business exemption, or the Payment in Lieu of Taxes. AYE: Lawson, Bogar, Koeser NAY: Klug ABSENT AND NOT VOTING: Bekkedahl CARRIED: 3-1 5. Accounts, Claims and Bills Not Approved in the Consent Agenda 6. Ordinances 7. Petitions, Communications and Remonstrances A. Upper Missouri District Health Unit - “Erase your E-waste” recycling program Koeser asked the representative of the Upper Missouri District Health Unit to tell them about the program. Dan Saint, who is the Environmental Health Practitioner at the Health Unit, and they are looking to hold their third cross border cooperative E-cycling event with their partners in Sidney, MT in September. E-waste is a program that is designed to collect and assist people in recycling used electronics. The materials in these used electronics are susceptible in being released into the environment over time. They are attempting to provide an opportunity for the citizens of this area to recycle these materials in a constructive fashion. A company from Wyoming comes in and collects these electronics and they disassemble the electronic components and break them apart. Some of the materials are resold and used again and others are disposed of properly. Saint said there is a $.40 per pound charge by the recycler for these components being taken away, so they have been soliciting funds from businesses to help with the cost of recycling. They are looking to the Commission to support their program and give them a grant in the amount of $1,000 to help supplement the cost of having the recycler recycle the equipment. Koeser asked where the money came from, at which Kautzman thought it came out of the contingency or general fund. Meiers commented that he budgeted a $1,000 in the landfill/recycle fund. MOTION BY KLUG, 2ND BY BOGAR, to give a grant in the amount of $1,000 to the Upper Missouri District Health Unit and their recycling program. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 8. Report of Commissioners A. President of the Board 1. Project Safe Send Koeser wanted to note that the North Dakota Department of Agriculture is coming to Williston to collect people’s unwanted and obsolete pesticides and chemicals that are not healthy and need to be disposed of, at 605 W Dakota Parkway (the DOT) on Thursday, July 16th. B. Vice-President; Fire, Police, and Ambulance Commissioner June 9, 2009 13 City Commission Meeting 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 B. Attorney C. Director of Public Works/City Engineer 1. Change Order 4th Avenue West Project Meiers stated just about all storm sewers in the City are concrete pipe and there is only one supplier for the concrete, so they came up with a program to be able to also bid using metal pipe. When contractors bid the metal pipe, they don’t tell the City what kind of pipe it is until after they have been awarded the project. This has caused a problem because if they don’t like the pipe, then a change order has to be done so they can use the concrete pipe instead of the metal pipe. Meiers commented that they don’t want to use metal pipe underneath 4th Avenue, so he is requesting a change order to use the concrete pipe at an additional cost. MOTION BY LAWSON, 2ND BY KLUG, to approve the Change Order presented to the Commission for the 4th Avenue West Project. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 2. Change Order Improvement District 09-5 Meiers stated the price awarded for this project included gravel for the street but they have now decided to pave the street and won’t need the gravel, so they are requesting a deduction of $3,640 from this contractor. MOTION BY BOGAR, 2ND BY LAWSON, to approve the Change order presented to the Commission for Improvement District 09-5. AYE: Klug, Lawson. Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 3. Jack Sjol Comp Time Meiers remembers this issue has come up another time. The problem they are having with the comp time is in December a lot of comp time is accumulated because of snow removal and the current policy states that all comp time will be forfeited at the end of the year which leaves the employee no time to use the comp time. He is requesting a policy change or the ability for them to have some leeway to do something different when dealing with this particular circumstance. Klug asked how the Tom Johnson situation was handled. Meiers said he talked with Johnson and he didn’t remember how it was handled but thought he had gotten all the comp time to be used during the next year. Kautzman suggested this issue be brought back to the Personnel committee if they are looking to make a policy change so they can go through other possible pitfalls. If they are looking at doing something for just this instance, then a policy change is not needed. June 9, 2009 14 City Commission Meeting MOTION BY LAWSON, 2ND BY BOGAR, to extend Jack Sjol’s Comp time and allow all of 2009 as a time line to draw down the comp time. AYE: Klug, Lawson, Bogar, Klug NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 D. Fire Chief 1. Review of a Request from Hospice Lawson stated the Mercy Hospice is requesting the Ambulance Service to charge them only the amount Medicare would pay on the ambulance service for Hospice patients, which will help reduce their costs. MOTION BY LAWSON, 2ND BY KLUG, to only charge Mercy Hospice, the Medicare allowable reimbursement for an ambulance transfer for hospice. Kautzman mentioned that they might want to amend the rate structure resolution so this change is incorporated. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 4. Final estimate options for the fire department roof MOTION BY LAWSON, 2ND BY BOGAR, to table the issue until Chief Hanson returns. MOTION CARRIED BY VOICE VOTE. E. Chief of Police F. Building Official G. City Planner 1. 2010 Census Complete Count Committee Jarcik stated he was appointed to be the chairman of the Complete Count committee and he has established the members to serve on the committee. The first meeting will be held on Tuesday, June 16th at the Williston Chamber of Commerce Sunnyside Breakfast. Jarcik said the committee was formed to make the community aware of the upcoming census and make them aware of how important this census is to the community. MOTION BY BOGAR, 2ND BY KLUG, to appoint Joel Swanson, Diane Hagan, Viola LaFontaine, Tanya Vachal, Alisha David and Brent Eslinger to the Complete Count committee. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 H. Economic Development 1. 2009 Internship Program Review June 9, 2009 15 City Commission Meeting Wenko stated the Internship Program was first brought to the Commission back in March and it was a pilot program that was designed to help them work towards the retention pillar of work force development by investing now for the future. Even though these students will be going away for college, their hope is they will come back and use some of the contacts they met through the program. The two students, Mari Goldade and Rory Guenther, worked for Economic Development for nine weeks. The program went very well but they feel that the next internships should be longer and the students should be a little bit older, so they will be working with Williston State College next year. The program cost about $1,500, with each student receiving $500 scholarships. Half of the cost of the program will be refunded by the Hometown Competitiveness grant through the State. Information regarding this program will be posted on the Workforce Development section of the City of Williston website. 2. LaFave Properties, LLC request for possible PACE participation Rolfstad stated LaFave is requesting a Flex PACE buy-down. This request has not been reviewed by the Star Fund yet, but since LaFave was at the meeting for the property tax exemption, Koeser felt they should deal with the buy-down request at the same time. Rolfstad went over the flex pace program that was created by the Bank of North Dakota. Brutger Equities received a $65,000 Flex PACE buy-down earlier this year, so Rolfstad included the same form and buy-down amount for LaFave. The challenge with any building project is dealing with the construction loan because they won’t know until a year from now, when permanent financing is locked in, how the money will be used. Rolfstad presented an example of an interest buy-down, which showed interest rates going from 6.5% to 1.5% and the payments being lowered by about $4,700 per payment for a seven year term. Rolfstad commented that if other motels in Williston wanted to remodel they would be able to apply for the PACE buy-down also. Koeser noticed it showed the $65,000 would have to be paid back, at which Rolfstad said he put that in there after doing the same thing for Brutger who will be paying back the money after year seven. Koeser wanted to mention the recommendation coming before the Commission was from staff, not the Star Fund; normally the request would go through them first. MOTION BY LAWSON, 2ND BY BOGAR, to have the Star Fund review the request. LaFave wanted to add that he has been doing a lot of research on the financing and he is doing the exact same thing the Candlewood Suites did. He feels this is a critical point of the financing because it has already been done this way. He hopes the Commission can do the same thing for him as they did for Brutger. Klug asked if the $65,000 was needed to access the Bank of North Dakota, at which Rolfstad answered the PACE buy-down is a partnership with the State and the match is based on a formula. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 I. Airport June 9, 2009 16 City Commission Meeting 1. Airport Security Grant Kautzman mentioned Marburger was having some problems with the FFA signing off on the contract so it should probably be tabled. J. Assessor 1. Exemption Information Gooch-Egge stated after Legislation came through for 2009, Homestead Credit, which is offered to people 65 or older or who are permanently disabled, the asset limitations were increased from $50,000 to $75,000. Also when figuring the income, they subtract any medical expenses paid out of pocket from the income for the year, which previously had a $17,500 limit but was raised to $26,000. Gooch-Egge mentioned that Williams County has more Homestead Credit applications than the City of Fargo and the money is reimbursed by the State. The blind exemption, which previously allowed $111,110 of their home to be exempt, was increased to $160,000. Kautzman asked if this exemption had any income requirements and Gooch-Egge said it did not, they just had to have a physician’s form. The Disabled Vet reimbursement is now going to be reimbursed from the State so those tax dollars will not be lost. The new residence exemption is currently sitting up with the State’s Attorney for some interpretation; they may have to continue that to the State for an Attorney General opinion. There is a big disagreement between the State and tax directors on how this is to be carried out and some of the ramifications of this. It is supposed to come into effect as of August 1st, hopefully by then they will have some answers. As of August 1st they can go with the new format or throw it out completely, but whatever the Commission decides to do, a resolution will have to be passed. Koeser asked if this is the one legislature that they thought was changed from 75,000 to 150,000 at which Gooch-Egge said that was the one. She went on to say there is a question on if it is only for two years or if it changed to four years, and wording being changed stating a builder can have the exemption on ten homes, they don’t know if that means one person, what happens if he has more than one company, does that mean per county or around the State, there are just a lot of unknowns at this time. In the past with the new industry exemption and the Payment in Lieu, there hasn’t been an issue because there have only been about one per year, but this past year there were nine. There are a lot of issues that have come about because the packets are huge and people don’t like to read everything. Gooch-Egge will be attaching a cover letter to the packets that highlight the key points. Gooch-Egge is requesting a motion on creating a committee to come up with more specific guidelines for the City and County for the New or Expanding Business Exemptions so there is more consistency. She said maybe the City/County Abatement committee could be used. The City can still do this case-by-case but she would like to see a committee put together and see if it can be addressed better. Koeser feels the Tax Abatement committee would be able to do that since they are familiar with what is going on. MOTION BY BOGAR, 2ND BY KLUG, to ask the City/County Abatement committee to review the New or Expanding Business Exemption guidelines. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl June 9, 2009 17 City Commission Meeting CARRIED: 4-0 2. Williston Township There was an issue with the Williston Township Local Equalization Board reverting all the values back to the 2008 values and the issue with equity. The County Equalization Board reverted them back to the 2009 values, so the issue has been taken care of. Gooch-Egge also mentioned she will be on vacation from July 3rd through July 20th so she will not be attending the first Commission meeting. K. Convention and Visitor’s Bureau 10. Appointments and Consultations with Officers A. Appointment of Connie Teske to the Cemetery Advisory Board Koeser stated Judith Lodwig stepped down from the Cemetery Advisory Board and Lodwig suggested appointed Connie Teske, which Klug mentioned the Cemetery Advisory Board agreed with the recommendation. MOTION BY LAWSON, 2ND BY BOGAR, to appoint Connie Teske to the Cemetery Advisory Board for the remainder of Judith Lodwig’s term. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 11. Unfinished Business B. Zone Change from R-1: Single-Family Residential to R-3: Low-Rise, Multi-Family and Townhouse Residential of Lots 1-3, Bailey Subdivision-Liffrig Koeser stated there was a hearing held last Commission meeting but the issue was tabled because there were two Commissioners absent. There will not be another hearing tonight, but the policy is if someone attends the meeting with this interest in mind, they will be allowed to speak. The Planning and Zoning Board recommends denying the request by Liffrig. Koeser asked if any of the interested parties would like to address the Commission. John Wesoloski stated he lives across the street from the proposed zone change. He said Klug mentioned at the last Commission meeting there was a motion made in 1997 or 1998 that R-3 housing was going to stop where Owan’s townhouses ended and there would be either single family housing or a church built in the lots in question. They are hoping the decision made back then will be upheld now, which would be to keep the property zoned as R-1. MOTION BY LAWSON, 2ND BY KLUG, to follow the recommendation of the Planning and Zoning Board and deny the zone change request from R-1:Single-Family Residential to R-3: Low-Rise, Multi-Family and Townhouse Residential of Lots 1-3, Bailey Subdivision-Liffrig. AYE: Klug, Lawson, Bogar, Koeser NAY: None ABSENT AND NOT VOTING: Bekkedahl CARRIED: 4-0 June 9, 2009 18 City Commission Meeting 12. New Business Kautzman wanted to mention there was a bid opening this afternoon for the 51-unit lower income housing project, which has been done three times now and the bids have come down. The apparent low bid came in at $4,850,000 and their prior bid was $5,080,000. The other bid came in at $5,067,456.19 and their prior bid was $5,194,961.25. What will happen next is a memorandum of understanding between the private investor and the Commission and hopefully he will be able to present it to the Board at the next Commission meeting. There is a lot of public money that is going into this project but most of this investment is private. 13. Executive Session 14. Adjourn MOTION BY LAWSON, 2ND BY BOGAR, to adjourn.
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