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CITY OF WATFORD CITY CITY COUNCIL MEETING March 5_ 2012 .doc

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					CITY OF WATFORD CITY
CITY COUNCIL MEETING
March 5, 2012

Minutes of the regular City Council meeting held on March 5, 2012 at 6:00 p.m. at City Hall.
Present were Mayor Brent Sanford and Council Members Justin Voll, Kris Pacheco, Deanne
Valenzuela, Shane Homiston, and Dave Uhlich. Absent was Council Member Bruce Erickson
(unexcused). Also present were City Planner Curt Moen, Attorney Wyatt Voll, and Auditor Laura
Anderson. Mayor Sanford called the meeting to order with the Pledge of Allegiance.

Council Member Voll moved to approve the minutes of the City Council meeting held on
February 6, 2012, as presented. Motion seconded by Council Member Pacheco and carried
unanimously.

Mayor Sanford called the Public Hearing, as advertised, to order for the application for
Annexation submitted by Farmers Union Oil Co. 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 Elemental Developmental Group. There were no written comments or
comments from the public. The Public Hearing was closed.

Residents from along the proposed US 85 and ND 23/ND 1806 truck bypass route were present
to submit a statement and signed petitions requesting that an alternative route be developed.

Council Member Voll moved that the route along the substation road (25th St NW and 128th Ave
NW), which was recommended as the preferred route for a truck bypass in a January 12, 2012
letter to Francis Ziegler, ND Department of Transportation, no longer be considered as the
preferred route for the proposed truck bypass and that notification of this change be made to the
ND Department of Transportation. Motion was seconded by Council Member Homiston and
carried by the following roll call vote: ayes: Voll, Homiston, Uhlich, Valenzuela, and Pacheco;
nays: none.

Council Member Voll moved to have the city demolish the house located at 517 2nd St NW at the
request of the property owner, Mike Tschetter, with Mr. Tschetter being responsible for the cost
of disposal at the landfill, filling in the basement, and for any asbestos inspection, removal and
disposal costs, and for coordinating the demolition with Superintendent of Public Works Smith.
The City will perform the above-ground work of the demolition. The property owner will be
assessed for demolition costs if a home is not placed on the property within two years. Motion
seconded by Council Member Uhlich and carried by the following roll call vote: ayes: Voll,
Valenzuela, Pacheco, Homiston, and Uhlich; nays: none.

Council Member Homiston moved to approve the Application for Beer License and Application
for Retail Liquor License submitted by Watford Hospitality Group, LLC to allow the on-sale sale
of beer and liquor at The Watford as allowed for hotels/motels by Chapter VI, Article 5 of the
City’s Ordinances, pending the receipt of an occupancy permit and verification that the licensed



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premises complies with all building code requirements regarding the number of exits. Motion
was seconded by Council Member Uhlich and approved by the following roll call vote: ayes:
Homiston, Uhlich, Voll, Pacheco, and Valenzuela; nays: none.

The review of the audit for the year ending December 31, 2010 was tabled until Gene Koch,
Koch Johnson, PC, could be present.

Council Member Voll moved approval of the AT&T Temporary Facility License with the
addition of further indemnification language and a lease fee as recommended by Attorney Voll.
Motion was seconded by Council Member Valenzuela and carried by the following roll call vote:
ayes: Voll, Valenzuela, Pacheco, Homiston, and Uhlich; nays: none.

Jody Renbarger was present to review the Roughrider Fund applications submitted in February.

Upon the recommendation of the Roughrider Fund Committee, Council Member Valenzuela
moved to accept the Roughrider Fund application submitted by McKenzie County Ambulance
Board and to approve a $65,000 grant to assist with the funding of additional staff, with the
requirement that a year-end expenditure report detailing how funds were used be presented to the
Roughrider Committee. Motion seconded by Council Member Uhlich and carried by the
following roll call vote: ayes: Uhlich, Valenzuela, Voll, Pacheco, and Homiston; nays: none.

Upon the recommendation of the Roughrider Fund Committee, Council Member Voll moved to
accept the Roughrider Fund application submitted by Watford City Park District and to approve
a $20,000 grant to assist with funding the 2012 salary of a Recreational Coordinator, with the
requirement that a year-end follow-up report be presented to the Roughrider Committee. Motion
seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Voll,
Valenzuela, Homiston, Pacheco, Uhlich; nays: none.

Upon the recommendation of the Roughrider Fund Committee, Council Member Valenzuela
moved to accept the Roughrider Fund application submitted by NW Dakota Public Transit and to
approve a grant to fund cost overruns of up to $30,000 toward the completion of the
Transit building in Watford City, with documentation of the such cost overruns required prior to
payment, and the requirement that the building must house NW Dakota Public Transit vehicles
providing service to the Watford City area for five years or the grant must be repaid on a
prorated basis. Motion seconded by Council Member Pacheco and carried by the following roll
call vote: ayes: Valenzuela, Pacheco, Homiston, Uhlich, and Voll; nays: none.

Upon the recommendation of the Roughrider Fund Committee, Council Member Voll moved to
accept the Roughrider Fund application submitted by the City of Watford City and to approve a
$49,748 grant to fund the services of Advanced Engineering & Environmental Services for the
Growth Planning - Community Visioning project. Motion seconded by Council Member
Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, Uhlich, and
Valenzuela; nays: none.

Upon the recommendation of the Roughrider Fund, Council Member Pacheco moved to approve
the Community Marketing/Enhancement Fund Grants. Motion seconded by Council Member



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Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll, Uhlich,
and Homiston; nays: none.
      McKenzie County Heritage Association – Heritage Day          $1,000
      Watford City Area Chamber – Best of the West                 $500
      Watford City Area Chamber – Main Street Beautification $1,000
      Watford City Area Chamber – Christmas Promotion              $500
      Watford City Little Wolves                                   $1,000
      Watford City Missoula Children’s Theatre                     $500

Robin Arndt was present to discuss the possibility of creating a Voluntary Community Service
program.

Todd Norton, Advanced Engineering, provided an update on the work done on the utility
extension project in February and reviewed Partial Payment Estimate #5 totaling $99,881.
Council Member Voll moved to approve payment to S.J. Louis Construction, Inc. for Partial
Payment Estimate #5. Motion was seconded by Council Member Homiston and carried by the
following roll call vote: ayes: Voll, Homiston, Pacheco, Uhlich, Pacheco, and Valenzuela; nays:
none.

Police Chief Herfindahl was present and gave an update on the police department.

Council Member Valenzuela moved to approve of the Watford City Police Department Body
Armor Policy. Motion was seconded by Council Member Pacheco and carried unanimously.

Council Member Voll moved to approve the purchase of three portable radios and related
accessories for the police department. Motion was seconded by Council Member Pacheco and
carried by the following roll call vote: ayes: Voll, Pacheco, Valenzuela, Uhlich, and Homiston;
nays: none. Chief Herfindahl indicated that McKenzie County Emergency Services has agreed
to pay for half of the $8,133 cost.

It was the consensus of the Council that the police department be allowed to utilize Electronic
Communications, Inc. to outfit new police vehicles.

Council Member Pacheco moved to approve an additional $600 in recorded buy funds to be used
and maintained by the police department. Motion was seconded by Council Member Valenzuela
and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Uhlich, Homiston, and
Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to
approve the Zone Change Application submitted by R & G, Inc. and Lumber Wholesale Pension
Plan to rezone property located at 2001 Main St N, S1/2SE1/4 Section 12, T150N, R99W,
McKenzie County, 10.01 acres, to R-3 and R-4 from A-2, with the conditions set forth under
Recommendations in the Staff Report. Motion seconded by Council Member Uhlich and carried
by the following roll call vote: ayes: Homiston, Uhlich, Pacheco, Valenzuela, and Voll; nays:
none.




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Upon the recommendation of the Planning Commission, Council Member Pacheco moved to
approve the Zone Change Application submitted by Wiser Development, LLC to rezone property
located at 1712 11th Ave SE, Section 20, T150N, R98W, McKenzie County, to C-1 from A-2,
with the conditions set forth under Recommendations in the Staff Report. Motion seconded by
Council Member Uhlich and carried by the following roll call vote: ayes: Valenzuela, Homiston,
Voll, Pacheco and Uhlich; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to
approve the Zone Change Application submitted by Joseph Olson to rezone property located at
908 14th St SW, SW1/4SW1/4 Section 24, T150N, R99W, IT 1975, McKenzie County, 1.5 acres,
to C-1 from A-2, with the conditions set forth under Recommendations in the Staff Report.
Motion seconded by Council Member Pacheco carried by the following roll call vote: ayes:
Uhlich, Pacheco, Homiston, Voll, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to
approve the Zone Change Application submitted by Cherry Creek Developers, LLC to rezone
property located at 904 17th Ave NE, Section 7, T150N, R98W, McKenzie County, 60 acres, to
R-3 from A-2, with the conditions set forth under Recommendations in the Staff Report. Motion
seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Pacheco,
Uhlich, Homiston, Valenzuela, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to
approve the Preliminary Subdivision Plat submitted by Cherry Creek Developers, LLC – Cherry
Creek Plat. Motion seconded by Council Member Uhlich and carried by the following roll call
vote: ayes: Pacheco, Uhlich, Valenzuela, Voll, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to
approve the Preliminary Subdivision Plat submitted by Greg and Monica Simonson – Pheasant
Ridge Plat. Motion seconded by Council Member Pacheco and carried by the following roll call
vote: ayes: Voll, Valenzuela, Uhlich, Pacheco, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to
approve the Zone Change Application submitted by Elemental Development Group, LLC to
rezone property located at SW1/4 Section 18, T150N, R98W, McKenzie County, to R-1 and R-2
from A-2, with the conditions set forth under Recommendations in the Staff Report. Motion
seconded by Council Member Valenzuela and carried by the following roll call vote: ayes:
Pacheco, Valenzuela, Uhlich, Homiston, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to
approve the Preliminary Subdivision Plat submitted by Golden Welch and Frank Hinkley –
Residential Subdivision Plat. Motion seconded by Council Member Uhlich and carried by the
following roll call vote: ayes: Voll, Uhlich, Pacheco, Homiston, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to
approve the Preliminary Subdivision Plat submitted by Preferred Trust for Golden Welch –
Seventh Avenue Five Plat. Motion seconded by Council Member Pacheco and carried by the



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following roll call vote: ayes: Uhlich, Pacheco, Homiston, Valenzuela, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to
approve the Renaissance Zone Application submitted by Jeff and Teresa Peters for property
located at 105 3rd St NW. Motion seconded by Council Member Valenzuela and carried by the
following roll call vote: ayes: Homiston, Valenzuela, Voll, Uhlich, and Pacheco; nays: none.

Council Member Valenzuela moved to purchase the mobile home located at 308 2nd St NE from
Darwin Krabbenhoft for approximately $20,000, contingent on a satisfactory inspection. Motion
seconded by Council Member Homiston and carried by the following roll call vote: ayes:
Valenzuela, Homiston, Voll, Uhlich, and Pacheco; nays: none. The mobile home will be used
for City employee housing.

Council Member Homiston moved to approve $36,390 for security fence from Dakota Fence to
enclose the City impound lot. Motion seconded by Council Member Uhlich and carried by the
following roll call vote: Homiston, Voll, Uhlich, Valenzuela, and Pacheco; nays: none.

Council Member Homiston moved to approve a step increase for Daniel Blood from Category 4,
Step 1 to Category 4, Step 2 effective April 1, 2012. Motion seconded by Council Member
Valenzuela and carried by the following roll call vote: ayes: Homiston, Valenzuela, Uhlich,
Pacheco, and Voll; nays: none.

Council Member Voll moved to approve the First Reading on Application for Annexation
submitted by Farmers Union Oil Co. Motion seconded by Council Member Homiston and
carried unanimously.

Council Member Voll moved to approve the First Reading on Application for Annexation
submitted by Elemental Development Group. Motion seconded by Council Member Uhlich and
carried unanimously.

Council Member Voll moved to approve the raffle permit applications submitted by Good
Shepherd Home Auxiliary, Dakota West Credit Union, and Women of Epiphany – Epiphany
Catholic Church. Motion seconded by Council Member Pacheco and carried unanimously.

Council Member Voll moved to approve a request by the U.S. Forest Service McKenzie Ranger
District of $100 to go towards food for the Kids Fishing Derby. Motion was seconded by
Council Member Homiston and approved by the following roll call vote: ayes: Voll, Homiston,
Valenzuela, Pacheco, and Uhlich; nays: none.

Council Member Voll moved to approve payment of grants by the Energy Impact Office for
$14,417.26 for the Watford City Fire Department. Motion was seconded by Council Member
Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Uhlich, Valenzuela
and Pacheco; nays: none.

Council Member Voll moved to approve Mayor Sanford’s appointment of Laura Sanford to the
Lodging Tax Committee for the remainder of Linda Svihovec’s term (06/30/13). Motion



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seconded by Council Member Valenzuela and carried unanimously.

It was the consensus of the Council to send a letter to the Watford City Post Office to ask that the
Post Office not shut down over the lunch hour.

Council Member Voll moved to approve the Building Permit Fees schedule. Motion seconded
by Council Member Uhlich and carried by the following roll call vote: ayes: Voll, Uhlich,
Homiston, and Pacheco; nays: Valenzuela.

Council Member Voll moved to Robin Schmidt as indigent legal defense for Watford City city
court, to be compensated at a rate of $100 per hour. Motion seconded by Council Member
Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, Uhlich, and
Valenzuela; nays: none. This appointment will be reviewed annually in January.

Council Member Voll moved to approve the bills as listed. Motion was seconded by Council
Member Valenzuela and carried unanimously. Abel Enterprises $16,239.91; Advanced
Engineering & Environmental Services $133,349.01; American Legion Post #29 $74.00; Apple
Electric Inc. $1,255.00; Astro Chem Service, Inc. $25.00; Badlands Hardware $1,300.41; Bank
of North Dakota $15,165.00; Barrett Pharmacy, Inc. $17.05; Billie Dixon $14.80; Biolynceus,
LLC $1,386.40; Black Mountain Software, Inc. $100.00; Charlie's Service $1,025.00; Comfort
Inn – Bismarck $219.00; Construction Services, Inc. $1,020.00; Cory Johnson $75.00; D & J
Cleaners & Supply $158.25; Dacotah Paper Co. $1,663.70; Dakota Supply Group $1,651.32;
Daniel Blood $507.60; Dave Uhlich $147.30; Digital Ally $532.00; Ebel Integrators, Inc.
$85.00; Elliot Excavating $11,100.00; Fargo Water Equipment, Inc. $520.38; Farmers Union Oil
$11,625.01; Fastenal Company $1,774.17; Financial Supply Center, Inc. $53.19; Gaffaney's, Inc.
$396.18; Galls, LLC $3,364.78; Gary Hoffman $605.70; Grainger $40.75; Hawkins, Inc. $79.99;
Heggen Equipment, Inc. $213.14; Howard Supply Company, LLC $565.63; Information
Technology Dept $195.00; Interstate Standard $121.48; Jack and Jill $50.19; Justin Voll $75.00;
Kotana Communications, Inc. $450.00; Laser Systems Security, Inc $731.00; Lund Oil Inc.
$2,406.46; Lyle Signs Inc. $150.31; Magic City Garage Door & Awning $512.00; McKennett
Law Firm $10,637.25; McKenzie Building Center $1,237.85; McKenzie County Ambulance
$45,000.00; McKenzie County Fair Board $2,000.00; McKenzie County Farmer $1,661.23;
McKenzie County Heritage Assoc $20,000.00; McKenzie County Landfill $9,250.50; McKenzie
County Recorder $26.00; McKenzie County Tourism Bur $19,500.00; McKenzie County
Treasurer $428.05; McKenzie Electric Coop, Inc. $282.00; Meuchel Computer Services
$334.45; Michael Todd & Company, Inc. $874.18; Mike Durham $192.30; Mike's Super Valu,
Inc. $342.82; Mondak Portables, LLC $1,420.00; Montana Dakota Utilities, Inc. $10,983.61;
Municipal Government Academy $15.00; My-Lor, Inc. $327.25; ND Department of Health
$80.00; ND Dept of Health - Lab Service Division $2,862.48; ND Firefighter's Association
$40.00; ND Rural Water Systems Assoc $410.00; ND Safety Council, Inc. $175.00; ND State
Auditor's Office $165.00; ND Workforce Safety & Insurance $7,765.80; NW Dakota Public
Transit $2,000.00; OK Implement $1,335.80; Page Rosenlund $456.60; Pat Fitzgerald $75.00;
Petty Cash $304.79; Pioneer Museum $13,000.00; Post Board $25.00; Postmaster $380.70;
Reservation Telephone $1,129.81; Rocky Prestangen $75.00; Roughrider Industries $4,433.00; S
& S Motors, Inc. $942.83; School Products & Equipment Co $4,928.00; Setina Mfg. Co., Inc
$2,143.32; Share Corporation $1,095.00; Sleep Inn & Suites Minot $111.61; Spee Dee, Inc.



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$62.00; Steve Sanford $222.30; Swanston Equipment $1,532.53; Tractor & Equipment Co.
$127.52; Triple AAA Safety/Training Inc. $315.00; Verizon Wireless $943.21; Visa $2,520.06;
Warren Jarland $75.00; Watford City Airport Authority $30,000.00; Watford City Chamber Of
Commerce $7,500.00; Watford City Golf Club $5,000.00; Watford City Park District $2,500.00;
Watford City Park District $21,500.00; West Plains Insurance, Inc. $488.00; Xerox Corporation
$473.78; Young at Heart Club $10,000.00.

The next regularly scheduled City Council meeting will be on Monday, April 2, 2012 at 6:00 p.m. at
City Hall.

There being no further business, the meeting was adjourned at 10:30 p.m. These minutes are
published subject to the City Council’s Review and Revision pursuant to NDCC 40-01-09.1.


-s- Laura Anderson                                  -s- Brent Sanford
Laura Anderson, City Auditor                        Brent Sanford, Mayor




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