NAPA AUTO PARTS Stock by HC120705063114


									                               OFFICIAL PROCEEDINGS

1.    Roll Call of Commissioners

COMMISSIONERS PRESENT: Brent Bogar, Brad Bekkedahl, Howard Klug, H. James Lawson,
E. Ward Koeser

OTHERS PRESENT: John Kautzman, Pete Furuseth, Chief Lokken, Chief Hanson, Kent Jarcik, Doug
Lalim, Tom Rolfstad, Shawn Wenko, Monte Meiers

2.    Consent Agenda
      A.    Reading and Approval of Minutes for:
            1.     Regular Meeting Dated January 13, 2009
      B.    Auditor
            1.     Accounts, Claims and Bills

                             FINANCE & COMMUNITY DEVELOPMENT:
FIRST NATIONAL   BANK         RECORD   ONLY             6,128.05
FIRST NATIONAL   BANK         RECORD   ONLY         1,000,000.00
FIRST NATIONAL   BANK         RECORD   ONLY               100.00
FIRST NATIONAL   BANK         RECORD   ONLY            24,551.74
FIRST NATIONAL   BANK         RECORD   ONLY            70,936.82
FIRST NATIONAL   BANK         RECORD   ONLY            45,163.33
FIRST NATIONAL   BANK         RECORD   ONLY            19,980.34
FIRST NATIONAL   BANK         RECORD   ONLY            39,995.79
FIRST NATIONAL   BANK         RECORD   ONLY            60,528.35
FIRST NATIONAL   BANK         RECORD   ONLY            29,777.69
FIRST NATIONAL   BANK         RECORD   ONLY            16,871.84
FIRST NATIONAL   BANK         RECORD   ONLY         1,491,311.02
FIRST NATIONAL   BANK         RECORD   ONLY            55,087.33
FIRST NATIONAL   BANK         RECORD   ONLY           169,246.42
FIRST NATIONAL   BANK         RECORD   ONLY           105,318.00
FIRST NATIONAL   BANK         RECORD   ONLY            21,543.20
                              SUBTOTAL              3,156,539.92

PAYROLL 1/16/09               CHECK #10157-10207      150,418.16
JAN THUE                      Jan COBRA                   346.27
MONTANA CSED                  Child Support                58.77
ND STATE DISBURSE. UNIT       Child Support             1,273.50
STATE TAX COMMISSIONER        State W/H                17,418.54
ND PERS                       Library                  34,528.65
ND PERS                       Planning                 28,725.03
LINCOLN MUTUAL LIFE &         Library                     461.59
LINCOLN MUTUAL LIFE &         Library                     380.42
AMERICAN NATIONAL             Jan Premium                 202.66
AMERICAN FAMILY LIFE          Jan Premium                 250.58
FIDELITY SECURITY LIFE        Jan Premium                 200.01
USABLE LIFE                   Jan Premium                 378.19
UNITED WAY                    December W/H                 83.00
ND PUBLIC EMPLOYEES ASSOC     January Dues                 34.00
ND PERS                       Purchase                    500.00
DISCOVERY BENEFITS            Med SA                    4,321.76
January 27, 2009                       2           City Commission Meeting

ND STATE DISBURSE. UNIT     Child Support       1,273.50
MONTANA CSED                Child Support          10.16
WILLISTON SCHOOL DIST #1    School share      312,092.47
TRACY VOLNEY                Bond Refund           150.00
JOHN JANSEN                 BOND REFUND           150.00
BENJAMIN STROMME            BOND REFUND           400.00
JEFFREY LINDQUIST           BOND REFUND           250.00
FEE INSURANCE AGENCY        09 CHEVY PU            94.00
                            SUBTOTAL          574,246.26



FORT UNION SUPPLY & TRADE   LINERS/PT             153.65
GAFFANEY'S                  DESK                1,696.53
GAFFANEY'S                  SUPPLIES              242.80
GAFFANEY'S                  TONER                 504.00
NEMONT                      PHONE BILL            393.13
PRO FORMS                   6-PT LSR W-2           11.83
WILLISTON HERALD            PUB HEAR               91.98
VISA                        LEG BLL TRCK          375.00
VISA                        STAFF MTG              63.63
CALEB FRY                   WITNESS FEES           25.00
GAFFANEY'S                  RECEIPT BOOKS         195.01
CITY OF WILLISTON           SNOW REMOVAL        1,111.50
CITY OF WILLISTON           SWEEPING              100.00
LEE'S TELEPHONE SERVICE     SERVICES              117.00
NEMONT                      PHONE BILL            490.46
GAFFANEY'S                  Comtr Filter          209.00
GAFFANEY'S                  Files- Labels          31.09
GAFFANEY'S                  Portfolio              17.80
GAFFANEY'S                  Report Covers          79.71
GAFFANEY'S                  Toner                 183.99
KFYR-TV                     Tv Ads                593.00
NEMONT                      PHONE BILL             89.72
THE SHOPPER                 Flyer Inserts         126.00
VISA                        Horizon Res            29.32
VISA                        Red Carpet             35.56
VISA                        Wal-Mart              103.90
SHAWN R. WENKO              Meal Reimb              4.75
WILLISTON AREA CHAMBER      Banner Ad             960.00
WILLISTON AREA CHAMBER      Enews Ads             325.00
WILLISTON HERALD            WADF ADS              929.50
NEMONT                      PHONE BILL            100.10
KOHLER COMMUNICATIONS       radio-labor            96.00
                            SUBTOTAL           25,050.91

                            TOTAL           3,755,837.09
January 27, 2009                      3                  City Commission Meeting

                            SANITATION, STREETS & IMPROVEMENTS:
GAFFANEY'S                    paper                      37.90
GAFFANEY'S                    supplies                   32.23
GAFFANEY'S                    Supplies                   47.50
BASIN TIRE SERVICE,INC.       Unit #6551                178.42
BORDER STATES ELECTRIC        Metro Locator              19.34
GAFFANEY'S                    paper                      37.90
GAFFANEY'S                    Shredder/Pape             171.97
NEMONT                        PW                         82.56
NEMONT                        PW ADMIN                   82.72
NEMONT                        PW COMP                    39.86
MDU                           UTILITIES               9,108.72
MOUNTRAIL-WILLIAMS REC        WAL MART LITE             198.42
NAPA AUTO PARTS               chain                     248.57
ROUGHRIDER DOORS              service door               45.00
TRACTOR & EQUIPMENT CO.       Cutting Edge              706.88
TRACTOR & EQUIPMENT CO.       Parts                     515.84
WESTERN SIDING & WINDOWS      Service                    50.00
PREBLE MEDICAL SERVICE        B Hanson                   50.00
PREBLE MEDICAL SERVICE        G Werkmeister              70.00
PREBLE MEDICAL SERVICE        L St Pierre                50.00
CARQUEST WESTERN AUTO         Belts                      74.67
CARQUEST WESTERN AUTO         Brake Clean                37.51
DAKOTA DIESEL USA, INC.       Clamp                      13.18
DALLAS SAILER ENTERPRISE      supplies                  703.00
HORIZON RESOURCES             diesel-#1              20,088.00
FLEXIBLE PIPE TOOL CO.        Unit #4394                139.24
HOSE AND RUBBER SUPPLY        adapters                   10.49
HOSE AND RUBBER SUPPLY        stem                      144.77
HOSE AND RUBBER SUPPLY        Parts                     273.57
HOME OF ECONOMY               cylinder                  189.98
HOME OF ECONOMY               PARTS                     115.57
INTERSTATE POWER SYSTEMS      Part                      312.19
INTERSTATE POWER SYSTEMS      Parts                      97.10
KOIS BROTHERS EQUIP CO        Parts                   1,941.48
NAPA AUTO PARTS               filters                   116.43
NAPA AUTO PARTS               Filters                   140.82
NAPA AUTO PARTS               Parts                     198.22
NAPA AUTO PARTS               Preheater                 382.19
NAPA AUTO PARTS               Stock                      38.61
NAPA AUTO PARTS               Trans SL                   11.09
NAPA AUTO PARTS               Unit #5186                172.47
NORTHERN SAFETY TECHNOLOG     parts                      92.71
NORTHWEST SUPPLY CO.          Supplies                  193.10
O'DAY EQUIPMENT, INC.         hose-clamp                111.63
SANITATION PRODUCTS           Unit #6146                 28.38
TRACTOR & EQUIPMENT CO.       Credit #5142              244.06-
TRACTOR & EQUIPMENT CO.       Parts                     526.65
TRACTOR & EQUIPMENT CO.       Stock                     146.60
TRACTOR & EQUIPMENT CO.       Unit #5142              1,144.56
TRACTOR & EQUIPMENT CO.       Unit #6210                215.08
BADLANDS STEEL                material                  102.03
BASIN TIRE SERVICE,INC.       wheel                     462.63
CRAVEN-HAGAN CLINIC, LTD.     G Smestad                 150.00
NAPA AUTO PARTS               chain                      49.71
PREBLE MEDICAL SERVICE        G Smestad                  50.00
BASIN TIRE SERVICE,INC.       Unit #6210                381.11
GAFFANEY'S                    supplies                   23.29
NEMONT                        LANDFILL                  119.58
MORELLI'S                     water                      21.00
January 27, 2009                     4                  City Commission Meeting

MOUNTRAIL-WILLIAMS REC      Utilities                 330.54
NDWPCC                      b. Perkins                 65.00
NDWPCC                      D. Bell                    65.00
NDWPCC                      P. Fierenza                40.00
PETROLEUM SERVICES          OVERPAYMENT               270.48
                            TOTAL                  41,319.43

                            WATER, SEWER, CEMETERY & AIRPORT:
KALLIE BRATLIEN              WATER DEP RFD              25.00
ALLYSON CLEMES               WATER DEP RFD              25.00
CULLIGAN                     water                      20.00
ECONOMART                    Water/Pop Mtg              47.52
NEMONT                       PHONE BILL                 49.81
QUILL CORPORATION            Calendar                    6.84
QUILL CORPORATION            Printer/pens              311.53
JACK & JEWEL'S BAR-B-QUE     Cntrct Lunch              485.76
BASIN PRINTERS, INC.         Call-Out Shee              44.00
DAKOTA SUPPLY GROUP          Parts                      47.72
NEMONT                       SEWER TREATME              39.86
NEMONT                       PHONE BILL                100.81
KALLIE BRATLIEN              INTEREST EARN               2.75
ALLYSON CLEMES               INTEREST EARN               2.75
MON-DAK TRUCKIING            OVERPYMT WATE             444.33
BASIN PRINTERS, INC.         Call-Out Shee              44.00
CRAIG'S, INC.                Service & Par              37.15
HOSE AND RUBBER SUPPLY       Parts                     113.03
HOME OF ECONOMY              Gloves                     13.97
HOME OF ECONOMY              Supplies                  105.52
NEMONT                       11TH ST RES                39.86
NEMONT                       26TH ST RES                39.86
MDU                          SERVICE                   235.30
MDU                          UTILITIES                 893.08
NORTHERN WATER WORKS         clamp                     704.45
NORTHERN WATER WORKS         gasket                     58.14
NORTHERN WATER WORKS         SS Repair               1,632.43
PRAXAIR DISTRIBUTION INC     Supplies                   15.00
CITY OF WILLISTON            Reimbursement               7.10
FALCON PUMP & SUPPLY         Repairs                   238.88
GRAYMONT WESTERN CANADA      Lime                    5,885.84
HAWKINS, INC.                Alum Sulf               6,636.68
HOME OF ECONOMY              Step Stool                 35.99
ITASCA SYSTEMS, INC.         Chemicals               1,953.40
NEMONT                       WATER TREATME              80.57
NEMONT                       WTP FAX LINE               39.86
MDU                          UTILITIES              17,087.27
WILLISTON TRUE VALUE         Supplies                   19.83
HORIZON RESOURCES            Propane                   416.67
HORIZON RESOURCES            Supplies                   43.97
GAFFANEY'S                   supplies                   34.78
NEMONT                       CEMETERY                   39.86
WESTERN SIDING & WINDOWS     Parts                     133.56
BASIN CLEANING               CLEANING                1,495.00
BYERLY COMPUTER SERVICES     COMPUTER                1,095.00
DAKOTA DIESEL USA, INC.      FAN & MOTOR               120.06
TRUE VALUE HOME CENTER       GLUE KIT/PLUG               8.27
EMRY'S LOCKSMITHING          KEYS/REPAIR                31.40
GAFFANEY'S                   DESK/SUPPLIES             574.60
HAUGEN'S, INC.               MTC/LABOR                 193.30
January 27, 2009                    5                  City Commission Meeting

HERMAN OIL COMPANY          SUPPLIES                  37.01
HOSE AND RUBBER SUPPLY      SUPPLIES                  44.66
KFYR-TV                     ADVERTISEMENT            180.00
MIDCONTINENT COMM.          CABLE BILL               296.54
NEMONT                      PHONE BILL               182.31
MON-DAK PLG & HTG, INC.     PUMP/BOILER              279.00
MDU                         UTILITIES              5,194.00
MOUNTRAIL-WILLIAMS REC      UTILITIES                 16.00
NAPA AUTO PARTS             AIR FILTER                60.58
NAPA AUTO PARTS             BLADE/FLUID               50.41
NAPA AUTO PARTS             SOCKET                     7.04
NAPA AUTO PARTS             SOCKET/SCREWD             23.81
TRACTOR & EQUIPMENT CO.     CUTTING EDGE           1,641.61
TRACTOR & EQUIPMENT CO.     PARTS                  2,679.50
KADRMAS LEE & JACKSON INC   PROJECT 26             4,264.14
KADRMAS LEE & JACKSON INC   PROJECT 27             5,629.73
KADRMAS LEE & JACKSON INC   PROJECT 29               795.77
KADRMAS LEE & JACKSON INC   PROJECT 31            86,048.65
                            TOTAL                150,367.36

BASIN PRINTERS, INC.        CALENDARS                  68.00
BIG SKY BATTERY MFG.        BATTERY                    29.00
BORDER STATES ELECTRIC      BULBS                      42.10
CITY LAUNDRY                MOPS                       15.90
CRAVEN-HAGAN CLINIC, LTD. FLU SHOTS                 1,175.00
WILLISTON HOME&LUMBER       TOOL BOX                   30.91
FLEET SERVICES              ENGINE                     78.95
FLEET SERVICES              QA-7                      232.69
HEIMAN FIRE EQUIP., INC.    DOOR MARKER                82.88
KOHLER COMMUNICATIONS       ATENA                      16.50
MIDCONTINENT COMM.          CABLE                      49.11
NEMONT                      EXT LINE                   29.05
NEMONT                      PHONE                     119.51
NAPA AUTO PARTS             AIR HOSE                   28.85
NAPA AUTO PARTS             CHF TRK BAT                98.94
NAPA AUTO PARTS             CORE DEP                   11.50-
NAPA AUTO PARTS             HYD OIL                    11.76
NAPA AUTO PARTS             OIL RET                    44.97-
NAPA AUTO PARTS             OLPW TRK                   98.23
NAPA AUTO PARTS             PLOW TRK                   86.98
ND FIRE CHIEFS ASSOC.       CHIEFS DUES                50.00
ND FIREFIGHTER'S ASSOC      DUES                       65.00
ND FIRE PREVENTION ASSOC. DUES                         30.00
VISA                        FIRE PREVENTI              50.50
VISA                        SUPPLIES                  230.28
WILLISTON HERALD            PAPER                     110.00
BALCO UNIFORM CO., INC.     BATTERY                    22.00
BALCO UNIFORM CO., INC.     SWITCH                     20.00
HEATHER CECIL               BISMARCK                   25.00
CITY OF WILLISTON           # 100491                    5.20
CORY COLLINGS               BISMARCK                   25.00
CRAVEN-HAGAN CLINIC, LTD. HANSON                      135.00
CRAVEN-HAGAN CLINIC, LTD. LOKKEN                      135.00
CRAVEN-HAGAN CLINIC, LTD. OWENS                       135.00
CRAVEN-HAGAN CLINIC, LTD. TANNER                      135.00
MERCY MEDICAL CENTER        6 DRAWS                   150.00
MURPHY MOTORS, INC.         UNIT 1105                 285.65
January 27, 2009                               6                     City Commission Meeting

NEMONT                              RANGE                           43.93
NEMONT                              WPD                            515.25
NAPA AUTO PARTS                     WIND. WIPERS                    33.79
ND CHIEF'S OF POLICE ASSN           LADWIG                          20.00
ND CHIEF'S OF POLICE ASSN           LOKKEN                          30.00
SELECT FORD                         BELT/THERMOST                  352.71
SELECT FORD                         HEATER                         329.11
WILLISTON AREA CHAMBER              CHIEF/CONTACT                   40.00
NEMONT                              CO 911                         627.80
QWEST                               JAN 10-FEB 9                   947.16
EMERGENCY MEDICAL PRODUCT           SUPPLIES                       851.45
FLEET SERVICES                      FUEL                           659.64
FLEET SERVICES                      LATE FEE                        50.62
FLEET SERVICES                      6411                           767.90
HAMERS AUTOMOTIVE SERVICE           6411                           459.00
CARLA HOROB                         MINOT CONFERE                  152.50
JIM JARLAND                         MINOT CONFERE                  292.90
MEDQUEST                            SUPPLIES                       112.63
MERCY MEDICAL CENTER                DRUGS                           17.72
NAPA AUTO PARTS                     CREDIT                           3.54-
NAPA AUTO PARTS                     OIL CHANGE                     417.17
PRAXAIR DISTRIBUTION INC            O2                             348.14
ORTIVUS, INC.                       3/09 - 3/10                  2,173.30
VISA                                LDT MEALS                      272.73
VISA                                SUPPLIES                        29.45
TISA                                REFUND                       3,616.92
CITY OF WILLISTON                   PARKING AUTHO                  300.00
CITY OF WILLISTON                   SWEEPING                       150.00
MDU                                 UTILITIES                      219.66
                                    TOTAL                       17,674.46

                                    GRAND TOTAL             3,965,198.34

                   2.     Application for a Local Permit or Charity Local Permit
                          a.      Williston Basin Indian Club
                                   February 28th through October 18th, 2009
                   3.     Special Permit to Sell Alcoholic Beverages
                          a.      MT Heads Inc
                                  January 31, 2009
                                  Rocky Mountain Elks Foundation Banquet
        C.         Building Official
        D.         City Planner
        E.         Assessor
                   1.     Abatement
                          a.      Name: Alexander Herrera
                                  Address: 605 19th Street West
                                  Legal: Lot 9, Block 3, Airport 2nd Addition, City of
                                  Reason: Applicant qualifies for the Disabled Veteran Exemption

                   2.     Exemptions
                          a.    Commercial Property
                          b.    New Residence Exemptions – Years Exempt 2009-2010
January 27, 2009                             7                     City Commission Meeting

                              1.     EMC Development, LLC
                                     L 1 B 5, Lewison Add, City of Williston
                              2.     EMC Development, LLC
                                     L 2 B 5, Lewison Add, City of Williston
                       c.     Residential Property – Years Exempt 2010-2011-2012
                              1.     Brian & Sondra Fretheim
                                     L7 B 1, Wittmeier 2nd Add, City of Williston

MOTION BY LAWSON, 2ND BY KLUG, to accept the consent agenda as presented to the
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

3.      Bid Openings
4.      Public Hearings
        A.     Proposed Vacation 20’ alleyway(s) between Lots 1-12, and Outlot 1, Block 24, Bruegger’s
               2nd Addition – Lakeside Builders/Midwest Leasing Corp.

Koeser opened the public hearing and asked Jarcik to comment on the request. Jarcik stated the proposal
is to vacate the 2 alley ways on Block 24 to allow for the placement of a motel. The northwest corner of
4, 5, and 6 are currently owned by the County and the rest of the block would be purchased alley(s)
vacated. Upon review, MDU Gas has a facility in a portion of the existing right-of-way off of 3rd Avenue
East. Along with the resolution a utility and access easement would be retained for the existing gas line,
which could potentially be removed, and their pressure reducing stage off the ally on the south side.
These are the only items essential for the easement.

Koeser called for public input.

Koeser stated that the proposal has gone through the Planning and Zoning Commission and it has been
recommended to vacate the two alleyways located in Block 24, Bruegger’s 2nd Addition, with a utility and
access easement retained as described in the resolution.

Koeser called a second, third and final time for public input.

With no public input being heard, the hearing was closed.

Lawson asked if they should state the alleys will be vacated when the building permit is obtained.
Koeser said that it would have to go through the attorney first but he assumed there would be a problem,
which Furuseth replied he thought that would be fine. Kautzman mentioned they could either tie it to the
purchase of the property or tie it to the building permit since they haven’t purchased the property yet.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve the Vacation of the 20’ Alleyways
within Lots 1-3 & 7-12 & Outlot 1, Block 24, of Brutger’s 2nd Addition when the building permit
has been purchased.
January 27, 2009                             8                        City Commission Meeting

Bekkedahl asked if this will complicate matters in terms of financing a construction project. Furuseth
replied that the vacating is an incentive to get started on the project and this won’t restrict any financing.

Lalim asked if the vacation of the alley could take place at the time the City transfers the deed to Lakeside
Builders/Midwest Leasing Corp instead of when the building permit is issued. Koeser answered that there
would need to be an amendment to the motion, but the way it stands now and if the motion passes, it
would be vacated upon drawing the building permit.

Bekkedahl asked Furuseth, if the Commission votes in the majority on this vacation and it becomes an
issue, could it be readdressed, at which Furuseth said it could be reconsidered on a request, even if the
request was from just one of the Commissioners.

AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        B. New Industry Exemptions for Williston Hotel Hospitality, LLC & Williston Conference &
           Hospitality, LLC

Koeser opened the public hearing and asked Shawna Gooch-Egge to give them a break down of what they
are looking at. Gooche-Egge stated that there are 2 applications for Payment in Lieu of Taxes. A payment
in lieu allows the property owner to pay a set amount of money for a predetermined amount of years
instead of their actual property tax billed. They are both from Brutger Equities out of Minnesota. Both
buildings will be located on the same lot as the Williston Event Center behind International Inn by the
airport. Williston Hotel Hospitality LLC is the Candlewood Suite and they are requesting 10 years at a $0
payment for years 1-5 and $20,000 payment for years 6-10. On this property a Payment in Lieu wasn’t
originally requested, but Koeser approved the change to the application after Gooch spoke to him about it.

The Williston Conference & Hospitality LLC is the Holiday Inn Conference Center and they are
requesting 20 years at $0 dollars for years 1-5, $20,000 payment for years 6-10, $25,000 payment for
years 11-15 and $30,000 payment for years 16-20.

Gooch stated the recommendation from the City/County Abatement Committee was to grant Brutger
Equities their requests as presented. Brutger Equities is here and they have a presentation for the
Committee tonight. They will be discussing their plans as one large project. Gooch said there will need
to be a motion for each separate building as per State Guidelines. There is financial information in their
application and they are requesting to keep the information confidential.

Gooch introduced the members from Brutgers Equities that were in attendance at the meeting which were
Larry Brutger, President and CEO, Brett Erdmann, Vice President of Hospitality; and Laura Pfannenstein,
Chief Financial Officer.

Brutger stated the projects they are working on are the Candlewood Suites and the Holiday Inn hotels.
The hotels would be wrapped around the Event Center and would face the airport. The project would be
done in two phases. The property will be re-plated and there will be two separate legal entities, so they
will have the ability to finance the hotels on separate loans and/or at separate financial institutes. The
Candlewood Suites would be the first project whichwill be a four story, 80 room extended stay hotel.
Each room will have a full kitchenette and is designed for those who stay five days or longer. The
construction would tentatively start in the 2nd quarter of 2009 with an expected completion date in the 2nd
January 27, 2009                            9                       City Commission Meeting

quarter of 2010. The project for the Candlewood Suites is estimated to cost about $7,500,000.

Phase 2 will be the Holiday Inn & Conference Center. This hotel will be six stories, have110 rooms and
be a full service property with a convention center, pool area, restaurant/lounge and large conference
rooms. Construction is to commence in the 4th quarter of 2010 with an expected completion date in the 1st
quarter of 2012. It has an estimated cost of $13,000,000, with an overall cost of both projects at

Brutger is requesting a 10-year PILOT program on the Candlewood Suites and a 20-year program on the
Holiday Inn to help move this project forward.

Brutger feels the two hotels will bring in a new level of hospitality to the community. Candlewood and
Holiday Inn are very well known franchises with stringent standards. This will make Williston more
attractive for tourism, travelers and the convention business, which they will be targeting, and feel
Williston is in need of. With two nationally recognized franchises building in Williston, it will likely
help encourage new development by other national players in the community.

The development of the two projects will consist of 400 construction jobs. The projects together will
employ an estimation of 33 full time employees and 124 part time employees. The payroll for the first
year will be approximately $1.6 million and increase in year five to about $2,000,000.

One of the reasons they would like the tax incentive granted is both projects together will have an initial
cost of over $20,000,000, which this project is a big investment. They have been talking to lenders and in
the past the lenders have required 25% equity, but because of the economy and rural location of Williston,
they will most likely require 40% equity in order to get the deal done, which is about an $8,000,000
investment on the part of the developer.

Koeser called for public input.

Frankie Aars, General Manager of the Marquis Plaza and Missouri Flats Inn commented that she has
visited with Brutger’s Entities and she commends them for bringing this project into Williston. She
thinks this is a good idea and is something that Williston needs as a way to attract conventions/meetings
to this area, which cannot be offered at the present time. There have been multiple needs presented and
she wonders how do we help, as a community, to fulfill what they are asking this community to do, and
wonders if the concessions they are asking for is bringing competition to the businesses.

Klug asked Aars what kind of initiatives were given when the Marquis was built. Aars said they were
given a 50% abatement for a total of three years. Gooch-Egge commented that the Marquis Plaza did not
apply for the Payment in Lieu of Taxes, they applied for the new industry which has different caps.

Dyer McCade stated his family owns the El Rancho and he is a resident of Williston. He looked through
their phase 1 and 2 and doesn’t see how the decision can be made on giving them a 20-year abatement on
something that may or may not happen.

Brutger responded that if the second phase isn’t built then there are no incentives and the City won’t lose
anything since there is no tax base on the property. He mentioned they may have a contractor lined up,
and if everything goes well, it may happen quicker. They have a manger in mind that will be able to
manage both projects which could make it one development but in two phases, because of the size of the
buildings. If the Candlewood opens up and oil is around $20 a barrel, the national economy is still in the
January 27, 2009                               10                    City Commission Meeting

tanks and it’s affecting Williston, then it will be a different decision. The way things are going on today,
he needs to look at things on a daily basis.

Kautzman asked Gooch-Egge if Brutger will pay taxes on the raw property on the vacant lots that are
there and if the Payment in Lieu will start once the structure is built. Gooch-Egge stated that the tax
incentive will not start until the doors are open and they start renting hotel rooms. Up until then they will
be taxed on the land they own and if there is a partial structure as of February 1st, they will be taxed for
that structure.

Klug wonders if there are any other places in the City of Williston that have received the Payment in Lieu
of Taxes. Gooch-Egge said there are only two at the present time, which are the Bethel Heritage Homes
located behind Murphy Motors and the new Marcil apartment buildings.

Rolfstad asked if the existing hotels in town wanted to do some upgrade or expand would they be able to
qualify for the PILOT. Gooche-Egge replied that as long as the remodeling or addition is attached to the
main structure, they automatically qualify for a three year remodeling exemption at 100%, which exempts
any value that would be added for that upgrade or addition for up to three years. If they add an addition or
expand their business, they can apply for a new industry or expanding business exemption. Gooch-Egge
added that as long as it adds to $5,000 to the upgrade it qualifies for the exemptions.

McCade asked Gooch-Egge to repeat the amount of years for the tax exemption. There is a three year and
five year exemption and Brutgers requested a 20 year exemption. Gooch-Egge said there are different
programs. The three year remodeling exemption is if someone is adding on or remodeling existing
property and the new industry exemption is five years at 100%. The Payment in Lieu can go up to 20
years, at which a set amount will be paid each year for the predetermined amount of years.

Klug asked when the decision was made to give the Marcil Group the exemption, at which Koeser said it
was in the fall of 2007. Klug asked if it was granted because Williston needed the apartments. Koeser
stated he feels that was the reason Marcil was granted the exemption.

Koeser called a second time for public input.

Rolfstad commented that they have met with numerous companies, who have almost chastised the City
for not doing anything and they say businesses won’t expand to Williston because there is no housing or
places to stay. Some oil related businesses located in Minot, wanted to come to Williston first, but
because of the housing they weren’t able to come to Williston. He would like to see Williston go forward
and get more businesses in town.

Koeser called a third time for public input.

Aars feels this is a great idea. She has worked closely with many entities in getting Williston to go
forward, but wonders if what Brutger’s Equities is asking for is in line with what the Commission has
followed in the past. She wants the Commission to think about whether there is another way the
Commission can work with them by either lowering years or amounts with those who have come to town
with projects.
January 27, 2009                            11                      City Commission Meeting

McCade asked if there are any real numbers on how much this exemption will amount to. Gooche-Egge
said it is hard to place a value on a building that hasn’t been built. Tax Equalization bases their numbers
on previous year’s sales. There is nothing in Williston to compare these hotels too, so she came up with a
rough estimate by contacting other Holiday Inns and Candlewoods in the state and used their information
to come up with the estimate. McCade asked what amount of taxes they would be paying without the
exemption. Gooch-Egge answered that the Candlewood would have to pay $480,000 in taxes over 10
years and with the exemption they would only pay $100,000. The Holiday Inn would owe $2,400,000 in
taxes over 20 years and with the exemption they would only be paying $395,000.

Koeser closed the public hearing.

Koeser asked Klug if he would be abstaining from voting since he has ownership in one of the hotels in
town, at which Klug said he would if Furuseth felt he should, and they could ask him when he returned to
the meeting.

Bekkedahl wanted to let people know what the abatement committee is and who is on the committee. It’s
a committee set up to look at these types of issues with Gooch-Egge’s office, who sets meeting’s up based
upon applications they have received. A meeting was held earlier this week, and the members attending
were: Gooch-Egge and members of her office; two county commissioners, Dan Kalil and Dave
Montgomery; two city commissioners, Bekkedahl and Lawson and a representative of the school, Connie
Blatherwick. Bekkedahl stated that the committee recommended the approval to grant the Payment in
Lieu of Taxes for the Candlewood and Holiday Inn. He also wanted to point out that the school district,
which is the largest taxing entity and has the most to give in the abatement process, was asked specifically
about how they felt regarding the project, and they were supportive of the project and the proposal of the
tax abatement.

Koeser added that Furuseth doesn’t feel Klug needs to abstain from voting on the proposal.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve Phase 1 that was recommended by the
Abatement Committee to grant the Payment in Lieu for Taxes on the Candlewood Suites at $0
payment through years 1-5 and $20,000 payment for years 6-10.
AYE: Bogar, Bekkedahl, Lawson, Koeser
NAY: None

Bekkedahl wanted to clarify that although Phase 1 is Candlewood Suites, the name of the project operator
is Williston Hotel Hospitality, LLC.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to grant to Williston Conference & Hospitality
LLC the PILOT as proposed and approved by the City/County Abatement Committee requesting
20 years at $0 dollars for years 1-5, $20,000 payment for years 6-10, $25,000 payment for years 11-
15 and $30,000 payment for years 16-20.
AYE: Bogar, Bekkedahl, Lawson, Koeser
NAY: None

5.      Accounts, Claims and Bills Not Approved in the Consent Agenda
January 27, 2009                            12                      City Commission Meeting

6.      Ordinances
        1.    First Reading of Ordinance #913 – An Ordinance Dealing with Sellable and Non-
              Sellable Used Tires

Lalim stated the Committee broke the Ordinance out to residential versus commercial types of
businesses. On the commercial side this would allow them to either store their tires in doors or store them
outdoors and have them screened from view from all highways and major streets. If tires are stored
outdoors the tires will need to be protected from water standing inside to harbor mosquitoes. When
storing used tires outdoors, a maximum of 100 tires will be allowed at one time. Non-sellable tires should
not be stored for more than 30 days.

Lalim sent out copies of the Ordinance to the tire dealers and gave them15 days to reply. Dave from
Williston Tire said he has no major issues with the Ordinance. He may have more than 100 tires on hand
at one time, since the tire company that comes up from Bismark to pick up the tires only comes every
two weeks, but they will be stored inside or within screened fencing. Paul from Western Tire is
concerned about the screening from the major highway and he didn’t want to spend any money on
screening. Lalim let him know that this was one of the major complaints regarding the unsightliness of
the used tires. Dana from Basin Tires called and is concerned about spending the money for screening his
property from view from the major highway. He doesn’t own the building so fencing it wouldn’t benefit
him. He also said 100 tires wasn’t realistic, he averages around 300.

Koeser asked how many letters were sent out. Lalim said letters were sent to Basin Tires, Western Tires,
Service Plus, Williston Tire, Home of Economy and Arlos.

Koeser wondered if Lalim would recommend amending the number of tires if 100 tires aren’t appropriate.
Lalim replied that 300 might be okay but the screening is strongly recommended.

MOTION BY KLUG, 2ND BY BEKKEDAHL, to amend Ordinance 913 from 200 tires to 300 tires.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve the first reading of Ordinance 913, an
Ordinance dealing with Sellable and Non-Sellable Used Tires
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

7.      Petitions, Communications and Remonstrances
        A.      RMEF use of New Armory Curtains

Koeser stated that the policy is not to loan the curtains out. Rocky Mountain Elk Foundation is willing to
pay a rental fee and cleaning fee. They have used them for the past 10 years.

MOTION BY BEKKEDAHL, 2ND BY KLUG, to rent the curtains to the RMEF.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None
January 27, 2009                              13                   City Commission Meeting


        B.         Application for Taxicab License

Koeser stated that although there is a cab service, Koeser feels the application should be sent to a
committee to look at and consider Kemnitz’s request.

MOTION BY LAWSON, 2ND BY BOGAR, to refer the application request to a Committee.

Koeser wondered which Committee the Commission wanted to send the request to. Kautzman answered
that the Franchise Committee is the only one he can think of.

Koeser asked Kemnitz to attend the Franchise Committee meeting.

Kautzman said he was recently in Bismarck and asked the driver how many taxi cab services were in
Bismarck, in which the drivers replied that there is one cab company in the Bismarck and Mandan area.

AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

8.      Report of Commissioners
        A.     President of the Board
               1.     Appointment of Complete Count Committee Chairperson

Koeser stated that the Census Bureau and the North Dakota Census People are asking the Commissioners
to appoint a committee to find workers to conduct the census survey and to make sure they get a good
count. The Census Bureau has asked him to appointment someone but Koeser feels it should be a staff
person. If he appoints a staff person, he wants to make sure the Commissioner responsible for them
knows the responsibility they would have. This would come closest to Planning and involve Jarcik.

MOTION BY LAWSON, 2ND BY KLUG, to appoint Kent Jarcik.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        B.         Vice-President; Fire, Police, and Ambulance Commissioner
                   a.     Resolution amending Resolution No. 06-55 establishing fees pertaining to the
                          Williston Fire Department Ambulance service.

Kautzman stated this will readjust to Blue Cross rates and follow Blue Cross changes.

MOTION BY LAWSON, 2ND BY BOGAR, to approve the Resolution 09-01 establishing fees
pertaining to the Williston Fire Department Ambulance Service.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None
January 27, 2009                             14                     City Commission Meeting

        C.         Street and Improvement, Sanitation, Cemetery and Public Works Commissioner

        D.         Finance Commissioner
                   1.     Request from National Guard for Armory Improvement

Bekkedahl received a call from Joe Francetich, the Sergeant in charge of the Armory facilities of the local
Guard unit requesting to make some improvements on the East side of the New Armory. Francetich is
asking the Commission to give approval, in writing, for the permanent structure improvements and then
Francetich will forward the letter of approval, if granted, to his chain of command to request funding for
the improvements. The National Guard is stating that since they don’t own the facility they do not want
to put permanent improvements to it. Francetich feels this will be a way to get a letter up the chain of
command and hopefully get approval for the improvements. These will be better improvements for their
security and for the facility.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to grant the request from the 818th Engineer
Company to install a permanent caging structure in the New Armory.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        E.     Water Works, Sewer, Airport, Building and Planning Commissioner
9.      Report of Department Heads
        A.     City Auditor
               1.     FY 2008 Grant Award and Consideration FY 2009 CDBG Funds

Kautzman stated there is a suggestion from Enno that the Commission formally accept the grant award for
the initial amount that was presented last year for the project along Broadway for $76,613. Enno also
suggested having the Commission authorize him to apply for a $120,000 grant for the same project with
the hope that if the full amount is granted, he would at least get a large percentage for that same project.
This is a 4-block area that had a low income area for water/sewer replacements. A majority of the people
are not able to afford the assessments that would go along with this. This is a suggestion to at least move
it forward to the grant agency side.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to approve their request to accept the grant award
from the initial amount for the project along Broadway for $76,613 and authorizing Enno to apply
for a $120,000 grant.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   2.    Credit Card Increase & Add Shawn Wenko as an Authorized User

Kautzman stated there is a sign off sheet that the bank requires him to present as it relates to the credit
card use through the Economic Development Department, to add Shawn Wenko and increase the credit
amount from $5,000 to $10,000 limit. In order to do this the bank asks that the Commissioners approve it
at the meeting and sign the form. Wenko did have a credit card through the foundation but that operation
has been rolled into the Economic office.
January 27, 2009                              15                      City Commission Meeting

MOTION BY KLUG, 2ND BY BOGAR, to add Shawn Wenko to the Visa credit card as an
authorized user and increase the credit limit to $10,000.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   3.     JS & DL Development, LLC Letter of Credit #268

Kautzman stated JS and DL Development were required to have a letter of credit. They have substantially
completed the project except for the installation of street lights. They are requesting we release the letter
of credit, but the agreement was the street lights were to be installed. Kautzman suggested the letter of
credit be reworked to a lower dollar amount which would equal the street lights. JS & DL Development
were not pleased with that suggestion stating that they had made a huge investment and have a contract
with Triangle Electric. Kautzman did confirm with Triangle Electric that it was weather that stopped them
from completing it this last fall and they did say they would look to complete it next spring. The street
lights being installed was part of the agreement that was approved, so if it is going to be released it should
be brought back to the Commissioners.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to release the Letter of Credit #268 as presented
to the Commission.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        B.         Attorney
        C.         Director of Public Works/City Engineer
                   1.     Lewis & Clark Legacy Trail Authorization to Advertise for Construction Bids

Meiers stated the Lewis and Clark Legacy Trail is up for bid and he would like to bid that out with a
February 19th bid opening. This will be a portion of the trail from 26th Street to the white bridge.

MOTION BY LAWSON, 2ND BY KLUG, to approve the bid opening at 3:00 P.M. on February 19th
for the Lewis & Clark Legacy Trail
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

Bekkedahl asked if the City is bidding this independent of the DOT. Meiers replied it was and that the
T&E projects can be bid locally instead of through the DOT, which may cost a little more.

                   2.     4th Avenue West Reconstruction Approval of Project Concept Report

Meiers stated in the project development and getting approval from FHWA, which is Federal Highway, a
couple of items came up. At the last meeting it was decided to go with the reconstruction of 4th Avenue
West, they won’t participate at this time, so he needs the Commission’s directive whether or not the City
January 27, 2009                            16                      City Commission Meeting

wants to pay 100%. The other item with the relocation is the retaining wall being placed there with logos
of the Williston Coyote and Williston High School. Again, they said they may not participate because it
will be a concrete retaining wall instead of a block retaining wall, but the only difference is there would
just be some additional painting costs involved. Meiers needs to know if they don’t participate, does the
City want to have those items.

Rolfstad asked if the City can deed that property to the property owner’s so they do not have to move the
wall, at which Meiers said the property owner’s aren’t interested in deeding over the property.

Bekkedahl stated they need to participate in getting irrigation so there isn’t brown grass there. He feels
whatever negotiations need to happen on the retaining wall, need to continue since the school is in support
of the realignment; the City needs to follow through with the project.

MOTION BY BEKKEDAHL, 2ND BY KLUG, to accept the recommendations for the 4th Avenue
West Reconstruction.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

Meiers stated that Traffic Operations indicated the City needs to remove parking from the one side of the
street. There was talk about rebuilding a portion for a turn lane and the parking would be removed then.

MOTION BY BEKKEDAHL, 2ND BY KLUG, to hold off on removing the parking from the one
side of the street.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   3.   Amtrak Depot Project Update

Meiers stated they have been on hold because there is a $58,000 grant for the accessibility improvements
to the doors and also some storm water improvements. At the last meeting it was suggested that Front
Street be added. He would like to have one contractor do this so he feels this should be bid along with the
DOT to tie these two projects together with Main Street and T&E. In order to do the design, KLJ would
like $23,500 as indicated in their proposal for the Main Street design portion.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to approve KJL to do the design.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   4.   Approval of Engineering Contracts

Meiers stated at the last meeting the contracts for the engineers were approved. The contracts are at the
same cost numbers and project scopes and he suggested giving approval for the Mayor to sign based upon
the attorney’s reviewal since the contracts are so long.
January 27, 2009                                17                       City Commission Meeting

MOTION BY LAWSON, 2ND BY KOESER, to approve the Mayor to sign the Engineering
Contracts upon the attorney’s reviewal of the contracts.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        D.         Fire Chief
                   1.     Fire Hydrant Marking System

Hanson stated he was asked to look into fire hydrant markings due to the large amount of snow on our
streets. There are several different types of fire hydrants ranging from $8.00 to $30.00 each. He
mentioned he had two for the Commissioners to consider. The first one is a solid piece of steel with a
metal flag on top that will mount to any of the hydrants the City has. The cost for this option would be
$8.98 a piece for less than 60, and if they buy over 60 it would cost $7.90 a piece. The City will need
approximately 800-900 to do all the fire hydrants. The second option is a fiber glass piece that is
reflective and costs more than the first option. It was suggested to get a couple hundred and mark the
ones that are most likely to be covered, like the older areas of town where the houses are closer in.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to assign a committee for the Fire Hydrant
Marking System.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        E.         Chief of Police
                   1.     Approval for advertising for patrol car bids

Lokken is requesting approval to advertise bids for the 2009 patrol cars. The bid opening would be on
February 23rd.

MOTION BY LAWSON, 2ND BY BOGAR, to advertise the bids for the 2009 patrol cars with a bid
opening on February 23rd.
NAY: None

        F.         Building Official
        G.         City Planner
                   1.     Review of Preliminary Plat for Plaza 26 Subdivision, City of Williston
                          West-Dak Properties, LLC

Jarcik stated this is the old Wal-Mart property. West-Dak Properties, LLC are looking at creating two
additional parcels less than an acre adjacent to 26th Street for increasing commercial opportunities to
promote the property. At the corner there is a small unplatted piece of property that belongs to the City
that they are proposing be included on the plat. West-Dak Properties, LLC is also proposing an access
easement. The Planning and Zoning Commission had a public hearing and recommend approval of the
January 27, 2009                             18                        City Commission Meeting

MOTION BY BEKKEDAHL, 2ND BY BOGAR, recommend approval of the Preliminary Plat for
Plaza 26 subdivision, City of Williston – West-Dak Properties, LLC
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   2.   Review of Final Plat for Sublot No. 9 – Falk

Jarcik stated two final plots went before the Planning and Zoning Commission and the Sublot No. 9 - Falk
was approved and is in the position where the title opinion has been ordered and will need to be reviewed
by the City Attorney. The Planning and Zoning Committee recommended that the final plat No. 9 for
Falk be approved subject to title opinion and Annexation Waiver. This is the property located just north
of Halliburton west of the railroad tracks.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to accept the recommendation of the Planning and
Zoning Commission for the approval of the final Plat for Sublot No. 9, subject to the title opinion
review and a signed annexation waiver by the owner.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

                   3.   Review of Final Plat for Sublot No. 7 – Sundby

Jarcik stated this is south of 1804 and east of the railroad tracks. This has been reviewed and title opinion
has been approved by the City attorney. The Planning and Zoning has recommended authorizing the
Mayor to sign the final plat, subject to the owner signing the annexation waiver.

MOTION BY BOGAR, 2ND BY LAWSON, to approve the recommendation for the Mayor to sign
the final Plat for Sublot No. 7, subject to a signed annexation waiver by the owner.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

        H.     Economic Development
        I.     Airport
        J.     Assessor
        K.     Convention and Visitor’s Bureau
10.     Appointments and Consultations with Officers
11.     Unfinished Business
        A.     Resident Requirements for Liquor License

Kautzman stated the Alcohol and Gaming Committee met this evening and revisions will be forthcoming.
The City will be following the state wide requirements, which many states have, and not county
requirements. The Committee will rework this into a City Ordinance and present it to the Commission.

This has been put on Hold.
January 27, 2009                              19                    City Commission Meeting

        B.         First Reading of a Propane Tank Ordinance

Hanson stated there have been several requests to use larger propane cylinders for camp trailers or
temporary residences and there has been temporary approval for large cylinders to be used for
construction work. He would like to clean up the construction part with an actual permit process instead
of a one-on-one basis, which will allow for some consistency. This ordinance will also allow for some
larger tanks to be used for temporary used residential properties.

The information from propane gas users, North Dakota Propane Association and the International Fire
Code are limiting the size to regular camp size cylinders and the residents are saying these aren’t lasting
long enough. The mobile and modular homes can be converted to allow for the use of natural gas;
however, a recreational vehicle such as a camp trailer may not be feasible.

Lalim asked if The City of Williston is the only city that doesn’t allow the use of propane in the city
limits. Hanson said he wasn’t sure about the State of North Dakota but there are cities in Montana that
don’t allow this.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to pass the first reading of Ordinance No. 915, a
Propane Tank Ordinance.
AYE: Bogar, Bekkedahl, Klug, Lawson, Koeser
NAY: None

12.     New Business
13.     Executive Session
14.     Adjourn


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