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OFFICIAL PROCEEDINGS OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD NOVEMBER 12 2008 AT 7 30 P M AT CITY HALL IN WILLISTON NORTH DAKOTA

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OFFICIAL PROCEEDINGS OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD NOVEMBER 12 2008 AT 7 30 P M AT CITY HALL IN WILLISTON NORTH DAKOTA Powered By Docstoc
					                               OFFICIAL PROCEEDINGS
      OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD
     NOVEMBER 12, 2008, AT 7:30 P.M. AT CITY HALL IN WILLISTON, NORTH DAKOTA.


1.    Roll Call of Commissioners

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

COMMISSIONERS ABSENT: None

OTHERS PRESENT: John Kautzman, Doug Lalim, Chief Lokken, Monte Meiers, Shawnadawn Gooch,
Shawn Wenko, Tom Rolfstad, Rick Marburger

President Koeser entertained a motion to add a raffle permit request from Rocky Mountain Elk
Foundation to 2B3b and an economic issue under 13B.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to amend the agenda.
MOTION CARRIED BY VOICE VOTE.

2.    Consent Agenda
      A.    Reading and Approval of Minutes for:
            1.     Regular Meeting Dated October 28, 2008
            2.     Special Meeting Dated October 30, 2008
      B.    Auditor
            1.     Accounts, Claims and Bills
                             FINANCE & COMMUNITY DEVELOPMENT:
RECORD ONLY:
FIRST NATIONAL   BANK         RECORD   ONLY             6,701.00
FIRST NATIONAL   BANK         RECORD   ONLY            40,995.71
FIRST NATIONAL   BANK         RECORD   ONLY               357.13
FIRST NATIONAL   BANK         RECORD   ONLY            41,166.51
FIRST NATIONAL   BANK         RECORD   ONLY             8,473.48
FIRST NATIONAL   BANK         RECORD   ONLY            11,700.73
FIRST NATIONAL   BANK         RECORD   ONLY           153,533.07
                                                     ____________
                              SUBTOTAL                262,927.63

PREPAIDS:
PAYROLL 11/07/08              CHECK #09820-09887      121,944.96
ND STATE DISBURSE. UNIT       STMT                      1,273.50
MONTANA CSED                  STMT                        229.27
HOLIDAY INN                   EARNEST MONEY             8,137.00
AMERICAN STATE BANK           wire fee                112,521.73
AMERICAN STATE BANK           wire fee                 41,811.25
ND SCPA                       Seminars                    440.00
STATE LAND DEPARTMENT         Stale Checks                389.66
GREGORY ZENT                  BOND REFUND                  50.00
WMS. CO. TREAS./RECORDER      Recording Fee               214.00
CHAD BAUMANN                  Bond Refund                  50.00
U.S. POST MASTER              Postage                     972.03
STATE TAX COMMISSIONER        3rd Qtr Sales               520.65
TAYLER COTHREN                BOND REFUND                 200.00
November 12, 2008                       2                City Commission Meeting

JOSHUA DEFOE                 BOND REFUND               200.00
MIKELALEN HEATON             BOND REFUND               350.00
STATE TAX COMMISSIONER       State W/H              20,601.93
DEPT OF COMMERCE             INSIGNIAS                 500.00
                                                  ____________
                             SUBTOTAL              310,405.98

COMMUNITY DEVELOPMENT:
TRI-COUNTY REG DEV. COUNC    PROJ EXP                2,526.53
                                                  ____________
                             SUBTOTAL                2,526.53

FINANCE:
BASIN PRINTERS, INC.         ENVELOPES                  94.00
CITY OF WILLISTON            CITY AUDITOR               97.78
CITY OF WILLISTON            AUDITOR                    80.00
CITY OF WILLISTON            AUDITOR IBM                52.29
FORT UNION SUPPLY & TRADE    GLASS CLNR                 13.65
INFORMATION TECH DEPT        OCT WAN FIBER             250.00
VERIZON WIRELESS             CELL PHONE                153.91
WILLISTON HERALD             NTC PBLC HRNG              36.00
WILLISTON HERALD             SUMM MINUTES              972.00
PETER H. FURUSETH            SERVICES                4,543.00
SCHMITZ LAW OFFICE           PROF SERVICES           3,773.00
PETER H. FURUSETH            MNCPL JDG                 300.00
CITY LAUNDRY                 MATS                       80.50
CITY OF WILLISTON            CITY HALL                 123.80
MON-DAK PLG & HTG, INC.      SERVICE                   106.00
MDU                          UTILITIES               1,327.56
MDU                          UTILITIES               1,317.76
HART ENERGY PUBLISHING       PETRO DIRECT              111.50
NORTH AMERICAN POTATO        1yr email sub             104.00
VERIZON WIRELESS             CELL PHONES                98.82
CLW, INK                     Writing                   817.00
MON-DAK PLG & HTG, INC.      LBRY DCTWRK               150.00
GERALD BLANK                 Build Willist              40.00
DAWA SOLUTIONS GROUP         Willstn Life              673.50
WILLISTON AREA               BUILD WILLIST           3,029.40
ST. LUKES COMMUNITY FNDTN    Housing                25,000.00
                                                  ____________
                             SUBTOTAL               43,345.47

                             TOTAL                 619,205.61

                            SANITATION, STREETS & IMPROVEMENTS:
CITY OF WILLISTON             CITY ENGINEER              50.33
DIGITAL OFFICE CENTRE         toner                     335.90
SELBY'S                       paper-inkjet              121.69
SOURIS RIVER TELECOMM.        CITY ENGINEER              14.40
SOURIS RIVER TELECOMM.        COUNTY ENGIN                 .93
VERIZON WIRELESS              CELL PHONES                92.30
WILLISTON HERALD              pickup-bid                 63.00
BORDER STATES ELECTRIC        fuses                      51.90
BORDER STATES ELECTRIC        nut driver                  6.45
CITY OF WILLISTON             water                     281.50
CITY OF WILLISTON             FORESTRY                  625.22
CITY OF WILLISTON             LIGHTS                     80.63
CITY OF WILLISTON             PW ADMINISTRA             156.74
CITY OF WILLISTON             ROADS & STREE           6,809.58
CITY OF WILLISTON             ROADS/STREET            2,509.10
November 12, 2008                   3           City Commission Meeting

CITY OF WILLISTON           SIGNS               91.98
CITY OF WILLISTON           STREET LIGHTS      355.62
H&H TRUCKING                salt             2,316.34
HOME OF ECONOMY             winter wear        166.48
MDU                         UTILITIES        9,749.80
SOURIS RIVER TELECOMM.      roads & stree         .50
SOURIS RIVER TELECOMM.      PW ADMINISTRA       11.78
CARQUEST WESTERN AUTO       brush                8.73
CARQUEST WESTERN AUTO       stock               32.04
CITY OF WILLISTON           SHOP               294.29
DALLAS SAILER ENTERPRISE    soap               365.00
DUANE'S RADIATOR SHOP       unit #5166         498.79
HORIZON RESOURCES           power strip         32.99
HEDAHLS PARTS & PLUS        light               51.43
HEDAHLS PARTS & PLUS        stock              124.09
HOSE AND RUBBER SUPPLY      stock            1,840.98
HOME OF ECONOMY             credit             100.00-
HOME OF ECONOMY             tires               48.48
HOME OF ECONOMY             winterwear         382.87
INTERSTATE POWER SYSTEMS    fuse cover          46.08
INTERSTATE POWER SYSTEMS    unit #6005          46.08
MODERN MACHINE WORKS        bolts               54.88
NAPA AUTO PARTS             air ends            41.34
NAPA AUTO PARTS             filters            118.24
NAPA AUTO PARTS             relay               19.02
NAPA AUTO PARTS             stock               45.07
NAPA AUTO PARTS             u joint             38.21
NAPA AUTO PARTS             v belt              15.72
NATIONAL-OILWELL            elbow               80.20
NORTHWEST SUPPLY CO.        towels              84.00
PRAXAIR DISTRIBUTION INC    supplies           202.82
LAWSON PRODUCTS, INC.       supplies           270.91
SANITATION PRODUCTS         stock              942.35
SANITATION PRODUCTS         unit #5165       1,046.17
SOURIS RIVER TELECOMM.      CITY SHOP             .74
TRACTOR & EQUIPMENT CO.     parts              642.75
TRACTOR & EQUIPMENT CO.     unit #4113         150.02
TRACTOR & EQUIPMENT CO.     unit #5122         144.50
TRACTOR & EQUIPMENT CO.     unit #6222         317.75
WILLISTON TRUE VALUE        supplies            21.44
CITY OF WILLISTON           SANTI COLLECT    9,084.15
CITY OF WILLISTON           REFUSE COLLTN    7,333.00
G & G GARBAGE, INC          rent             2,130.00
NORTHWINDS PUBLISHING &     add                321.60
SOURIS RIVER TELECOMM.      SANTI COLLECT        8.36
WILLISTON HERALD            rolloff-bid         45.00
CITY OF WILLISTON           LANDFILL         1,372.93
CITY OF WILLISTON           REFUSE LNDFLL   10,000.00
HORIZON RESOURCES           diesel           5,950.83
HORIZON RESOURCES           propane            332.19
INTERSTATE ENGINEERING      P-155           43,702.62
MATERIAL TESTING SERVICE    cell4 testing    1,593.00
WILLISTON HERALD            bid affidavit       61.50
WILLISTON HERALD            loader-bid          61.50
CENTRAL STATES              wire               120.00
CITY OF WILLISTON           RECYCLE         17,409.12
MDU                         UTILITIES          460.54
OPPORTUNITY FOUNDATION      October          1,825.00
INTERSTATE ENGINEERING      legacy          18,500.00
ND DEPT OF TRANSPORTATION   Pay Est #2      39,890.06
November 12, 2008                    4                  City Commission Meeting

                                                 ____________
                            TOTAL                 192,001.55

                            WATER, SEWER, CEMETERY & AIRPORT:
CITY OF WILLISTON            WTR DEPOSITS              262.44
T & K INSPECTION             DEPOSIT RFND               32.85
JYL ALBERTSON                DEPOSIT RFND               47.50
KELLY & ROXANN BAGLEY        DEPOSIT RFND               32.50
DORIS BREVIK                 DEPOSIT RFND                5.00
GLEN HELSTAD                 DEPOSIT RFND               10.00
HAZEL JOHNSON                DEPOSIT RFND               50.00
PETER A NYGAARD              DEPOSIT RFND               10.00
MILDRED TESKEY               DEPOSIT RFND               10.00
ROBERT TESKEY                DEPOSIT RFND               40.00
WADE THORSON                 DEPOSIT RFND               31.88
TAVISH VESTAL                DEPOSIT RFND               50.00
CITY OF WILLISTON            BUILDING INSP             154.00
CITY OF WILLISTON            BLDG INSPN                 16.60
CULLIGAN                     WATER                       8.50
GAFFANEY'S                   CALENDAR/RULE              23.97
QUILL CORPORATION            DESK SIGN                  16.19
QUILL CORPORATION            ORGANIZER                  25.18
QUILL CORPORATION            SUPPLIES                  132.39
VERIZON WIRELESS             CELL PHONE                 56.20
CITY OF WILLISTON            SEWER COLL                 25.00
CITY OF WILLISTON            SEWER COLLECT             895.04
CITY OF WILLISTON            SEWER COLLTN              916.00
HOME OF ECONOMY              winter wear               176.49
ASTRO-CHEM LAB, INC.         cell 3 test               143.80
ASTRO-CHEM LAB, INC.         cell 3-4 test             287.60
CARQUEST WESTERN AUTO        cleaner                    28.41
CITY LAUNDRY                 uniforms                    7.70
CITY OF WILLISTON            SEWER TREAT                25.00
CITY OF WILLISTON            SEWER TREATME             167.30
CITY OF WILLISTON            SEWER TRTMNT              833.00
COLONIAL RESEARCH            chemicals               2,664.79
ELECTRIC & MAGNETO, INC.     blower assy               497.00
HOME OF ECONOMY              winterwear                 89.99
MDU                          UTILITIES               6,076.98
SOURIS RIVER TELECOMM.       SEWER TREATME                .91
CITY OF WILLISTON            RESELL WATER               34.30
CITY OF WILLISTON            INTEREST                    4.02
CITY OF WILLISTON            WATER ADMIN             6,933.43
ND ONE CALL                  October                   163.68
T & K INSPECTION             INTEREST                   26.58
VERIZON WIRELESS             CELL PHONES                64.40
WILLIAMS RURAL WATER DIST    BETHKE WTR                102.88
WILLIAMS RURAL WATER DIST    EDENLOFF                   79.43
WILLIAMS RURAL WATER DIST    EDENLOFF WTR               68.78
WILLIAMS RURAL WATER DIST    HAGEN WTR                  35.53
WILLIAMS RURAL WATER DIST    MOE WTR                    52.58
WILLIAMS RURAL WATER DIST    MOON WTR                   68.78
WILLIAMS RURAL WATER DIST    REIGER WTR                 44.05
WILLIAMS RURAL WATER DIST    RESELL WTR                115.55
WILLIAMS RURAL WATER DIST    VIZINIA WTR                42.35
JYL ALBERTSON                INTEREST                    4.97
KELLY & ROXANN BAGLEY        INTEREST                    2.38
HAZEL JOHNSON                INTEREST                    5.67
WADE THORSON                 DEPOSIT RFND                6.32
AGRI INDUSTRIES, INC.        line break              2,037.50
November 12, 2008                   5                 City Commission Meeting

CITY OF WILLISTON           WATER DISTRIB         1,320.58
CITY OF WILLISTON           WATER DISTB           2,190.48
FARGO WATER EQUIPMENT CO    gaskets                 274.73
FARGO WATER EQUIPMENT CO    meters                3,822.75
HOME OF ECONOMY             winter wear             229.97
MDU                         UTILITIES               520.49
NAPA AUTO PARTS             wrench                  126.99
NORTHERN WATER WORKS        cplg-pipe             2,902.61
NORTHERN WATER WORKS        parts                 3,194.39
NORTHERN WATER WORKS        300' pipe               198.29
SOURIS RIVER TELECOMM.      WATER DISTRIB             1.97
VERIZON WIRELESS            CELL PHONES              92.28
BORDER STATES ELECTRIC      parts                   222.20
CITY LAUNDRY                uniforms                 63.60
CITY OF WILLISTON           WATER TREATME           100.00
CITY OF WILLISTON           WTP                      30.69
CITY OF WILLISTON           WTR TRTMNT               83.00
DAKOTA SUPPLY GROUP         fuses                    30.30
HACH COMPANY                supplies                633.27
HAWKINS, INC.               bolt assy               239.79
HAWKINS, INC.               chemicals               852.20
MDU                         UTILITIES            12,395.76
SOURIS RIVER TELECOMM.      WATER TREAT P             3.99
WILLISTON TRUE VALUE        thermocouple              9.49
CITY LAUNDRY                supplies                144.44
CITY OF WILLISTON           water                    30.05
CITY OF WILLISTON           CEMETERY                378.64
CITY OF WILLISTON           CEMETERY                291.50
MDU                         UTILITIES               312.18
SOURIS RIVER TELECOMM.      CEMETERY                  3.52
ROBERT EYNON                reimbursement           100.00
BORDER STATES ELECTRIC      SUPPLIES                 11.70
CITY LAUNDRY                MOP                      12.60
CITY LAUNDRY                MOP/MATS                153.90
CITY OF WILLISTON           AIRPORT               1,592.69
CITY OF WILLISTON           AIRPORT TRMN            146.80
FORT UNION SUPPLY & TRADE   SUPPLIES                249.96
KEYZ-KYYZ RADIO             MNTHLY PKG              195.00
MIKE'S WINDOW               WNDW CLNG               206.00
PRO SAFE PEST CONTROL       RODENT CNTRL             63.00
SELID PLUMBING & HEATING    SERVICES              1,399.20
VERIZON WIRELESS            CELL PHONES             108.48
VIZINA'S READY MIX          WASHED SAND              65.00
WESTCOAST SALES & MKTG      BSE PLATE               179.63
WESTCOAST SALES & MKTG      INCANDESCENT            330.24
                                               ____________
                            TOTAL                59,257.74

             AMBULANCE, BUILDING INSPECTION, TRAFFIC SAFETY, FIRE, LEC &
MDU                        UTILITIES                  20.51
BASIN PRINTERS, INC.       ff1 TESTS                  96.00
CITY OF WILLISTON          FIRE DEPARTME             172.15
CITY OF WILLISTON          FIRE HALL                 220.50
TRUE VALUE HOME CENTER     BATTERIES                  56.46
HEIMAN FIRE EQUIP., INC.   GLOVES                    362.10
MDU                        ELECTRIC                1,958.78
ND FIREFIGHTER'S ASSOC     testing fees              400.00
NORTHERN PUMP&COMPRESSION PRE WASHER                 327.90
O.K. DISTRIBUTING, INC.    CANDY                     170.49
VERIZON WIRELESS           CELL PHONE                 92.58
November 12, 2008                        6                      City Commission Meeting

BALCO UNIFORM CO., INC.        HAT                            81.00
BALCO UNIFORM CO., INC.        INSIGNIA                       12.00
BALCO UNIFORM CO., INC.        SHIRTS                        909.00
CITY OF WILLISTON              POLICE DEPART               3,884.21
CITY OF WILLISTON              POLICE DEPT                   242.75
CITY OF WILLISTON              9/02--10/01/0                  71.70
CITY OF WILLISTON              POLICE IBM                    200.00
CRIME STOPPERS                 DONATION                    1,000.00
GAFFANEY'S                     DAY PLANNER                    14.99
HOME OF ECONOMY                BRAKE PADS                    146.95
LAW ENFORCEMENT TARGETS        EARPLUGS, ETC                 136.05
MILLY'S ALTERATIONS            HEM                            39.00
MILLY'S ALTERATIONS            HEM/PATCHES                    17.00
MILLY'S ALTERATIONS            PATCHES                         2.50
MILLY'S ALTERATIONS            SHIRT HEM                       7.00
MURPHY MOTORS, INC.            WH. BEARINGS                1,147.28
QUALIFICATION TARGETS          TARGETS                       436.96
REEVES COMPANY, INC.           NAME TAGS                      51.10
VERIZON WIRELESS               CELL PHONE                     30.76
VERIZON WIRELESS               CELL PHONES                   216.74
VISA                           CHARGERS                       58.32
VISA                           GAS                            39.02
VISA                           OPERATING                       2.00
VISA                           TOP PLATE                       8.00
WILLISTON/WMS. CO. - LEC       OCTOBER, 08                   358.71
WILLISTON HERALD               FIRE PREV.                     89.00
WILLISTON HERALD               HALLOWEEN                      48.00
WILLISTON HERALD               NAT CRIME PRE                  48.00
WILLISTON HERALD               RED RIBBON                     34.00
CITY OF WILLISTON              ANIMAL CONTRO                 347.90
WESTERN VET CLINIC             CATS/DOGS                      65.00
BALCO UNIFORM CO., INC.        SHIRTS                        476.00
CITY OF WILLISTON              9-1-1                         616.00
GAFFANEY'S                     CALENDAR                        9.96
VERIZON WIRELESS               CELL PHONE                     30.76
VISA                           SCHAUBEL                      121.00
ECONOMART                      ASA                             2.96
EMERGENCY MEDICAL PRODUCT      SUPPLIES                      156.56
MINOT CHRYSLER CENTER          6411                           14.50
VERIZON WIRELESS               CELL PHONES                    61.52
MDU                            UTILITIES                      72.02
                                                        ____________
                               TOTAL                      15,183.69

                               GRAND TOTAL               885,648.59

               2.   Application for Special Permit to Sell Alcoholic Beverages
                    a.     MT Heads Incorporated
                           November 22, 2008
                           WBRA Banquet and Dance
                    b.     MT Heads Incorporated
                           November 15, 2008
                           O’Neil/Lawrence Wedding Reception
               3.   Application for a Local Permit or Charity Local Permit
                    a.     Guys & Gals
                           November 13, 2008 to June 30, 2009
                           Annual Raffle
November 12, 2008                          7                      City Commission Meeting


                      b.      Rocky Mountain Elk Foundation
                              January 31, 2009
                              Raffle
       C.      Building Official
       D.      City Planner
       E.      Assessor
               1.     Exemptions
                      a.      Commercial Property – Years Exempt 2009-2010-2011
                              1.     OK Tire Store Williston Inc.
                                     Outlot 1 Section 2 UnPlatted Section 2 T154-R101
                                     16x20 storage addition & 20x39 cement block of cold storage
                              2.     Kensington Williston LLC
                                     99,729.5 ft tr in L1, 2 B4 Lewison Add Amended Plat B2 thru 5
                                     Alzheimer Care Unit Addition, 6,392 sq ft
                              3.     Sail Properties
                                     L1-8 & vac alley B5 Wittmeier 2nd Addition, City of Williston
                                     Front Façade Remodel & Dryvit
                              4.     Sabin Metal West
                                     All of B1 Ex. NW 247 sq ft, Cenex Subdivision, City of Williston
                                     Repair Fire Damage to SE 100x100 Part of Building
                              5.     Park Plaza LLC
                                     B1 Million Dollar Center
                                     Interior Remodeling-Adding Walls for Office Space
                      b.      New Residence Exemptions – Years Exempt 2009-2010
                              1.     Matthew Patterson
                                     L1 B3 Pheasant Run Sub, City of Williston
                              2.     Travis & Tia Hennix
                                     L31 B5 Joan Hagan 1st Addition, City of Williston
                              3.     Kevin & Jodi Mischke
                                     L2 B2 Creekside Ridge Sub, City of Williston
                              4.     Dragan Saric
                                     L18, B5 Creekside Sub, City of Williston
                              5.     Randy & Kathy Waitman
                                     L2 acre tract in L1 Section 19, City of Williston
                              6.     Glen & Susan Helstad
                                     L11R Rachel’s Subdivision, City of Williston
                      c.      New Residence Exemption – Years Exempt – April 2008 to Dec 2008
                              1.     Olga Weiss
                                     L 4-8 B 11 Fox Glen Sub, City of Williston
                      d.      Residential Property – Years Exempt 2009-2010-2011
                              1.     John Sieg
                                     L22 B2 Veterans Rearr, City of Williston
                                     Remodel Basement
                              2.     Tobi Wold & Cammie Myhre
                                     N 60’ L10 7s 15’ L11 B4 Volney 3rd Rearr, City of Williston
                                     Windows & Vinyl Siding
November 12, 2008                           8                      City Commission Meeting

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to accept the consent agenda as presented to the
Commission.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

3.     Bid Openings
       A.    2008 Diesel Powered, Articulated Wheel Loader

Meiers stated that they received three bids for a new landfill loader. Titan Machinery’s bid was $113,000
for a Case 821 E but their bid did not meet the specs and they did not submit a form, RDO Equipment’s
bid was $119,800 for a John Deere Model 644 K and Tractor & Equipment’s bid was $121,980 for a Cat
Model 950 H. Meiers recommends going with Tractor & Equipment even though their bid was the
highest because the maintenance would be done in Williston whereas going with Titan Machinery or
RDO Equipment, the loader would have to be taken to Bismarck if it needed work done on it.

MOTION BY KLUG, 2ND BY BEKKEDAHL, to accept Tractor & Equipment’s bid in the amount
of $121,980.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

4.     Public Hearings
5.     Accounts, Claims and Bills Not Approved in the Consent Agenda
6.     Ordinances
       A.     Second Reading of Ordinance No. 912, an Ordinance Dealing with Wireless
              Telecommunications Towers and Antennas

Koeser stated that the document has been reviewed by the City Attorney. Kautzman mentioned that there
is a company that has approached the City about putting a tower in town with three different possible
locations, and they are comfortable with the terms laid out in the ordinance.

MOTION BY LAWSON, 2ND BY BOGAR, to approve the second reading of Ordinance No. 912, an
Ordinance Dealing with Wireless Telecommunications Towers and Antennas.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

       B.      Second Reading of Ordinance No. 913, an Ordinance dealing with Used Tires

Koeser stated that he had talked with Doug Lalim regarding this ordinance and some concerns he had
with the storing of the tires. Lalim said that having the part about removing the tires on a regular basis
was fine, but was concerned with having the companies remove the tires every 10 days because it would
be difficult to monitor them since they change tires everyday. Also not allowing businesses to store tires
no closer than 25 feet could make it difficult for them to conduct their business and tires would possibly
end up in front of the business because there wouldn’t be room in the back or on the side of the building.
He feels that the ordinance should be looked at closer before passing the second reading.

Koeser pointed out that there were a few revisions made on the ordinance also. He said that they would
November 12, 2008                            9                       City Commission Meeting

need to amend the ordinance if the second reading is passed. He mentioned that he was pleased with the
story in the Herald regarding this ordinance; they did a good job at alerting the public to this issue.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to table the ordinance for further review.

Bekkedahl asked Lalim if the tire businesses still display used tires in the front of their buildings because
having this ordinance passed would prevent them from doing that, at which Lalim said they do still do
that.

MOTION CARRIED BY VOICE VOTE.

Lalim was put in charge of heading up the review and Lawson and Furuseth said they would like to be a
part of it also.

       C.      Second Reading of Ordinance No. 914, as it relates to Dwellings in the Restricted
               Commercial District.

Furuseth stated that Jarcik asked him to add on the changes to Section 21(C) of the Williston Zoning
Ordinance that were approved at the last Commission meeting. Koeser went over the additions to the
Ordinance and asked if anyone had any comments on it. Kautzman mentioned that the Parking Authority
met today in regards to the charge for parking spots in the Parking Authority lots and the terms are still
being worked out. A letter will be sent out to the core downtown area regarding new policies they are
looking to implement and they may be coming to the Commission for approval to assess the owners for
parking spots.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to approve the second reading of Ordinance No.
914, an ordinance amending Section 21(C) of the Williston Zoning Ordinance for the City of
Williston, North Dakota, relating to Restricted Commercial District C-3.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

7.     Petitions, Communications and Remonstrances
       1.      Sledding Hill

Justin Parkinson stated that the City has allowed the Williston Park District to use the hill located to the
West of the Williston Water Department building on 11th Street W for sledding in previous years. They
are looking to have the City hand over control of the area the proposed hill is located to the Park District
so they can maintain the hill and obtain insurance to cover any accidents that may happen. They are
proposing a lease amount of $1.00 a year.

Kautzman mentioned that this area is one of the areas that a cell tower would possibly be going.

Meiers commented that this is something that probably needs to be done and asked if they have found
someone to help do the work, like possibly the National Guard. Parkinson said he has had people offer to
donate their time to create the proposed hill and is not asking the City to do the work.

Furuseth said he doesn’t feel that the liability can be taken totally away from the City, but the
Memorandum of Understanding is a lot safer than what is in place now. He agreed to help out on writing
November 12, 2008                           10                      City Commission Meeting

up a lease.

MOTION BY BOGAR, 2ND BY BEKKEDAHL, to approve the Memorandum of Understanding
after final review by the attorney of the Lease Agreement.

Klug wondered where people are going to park when the new hill is created because they don’t want
people to block the alley. Parkinson assumes they would park in the same area they park in now, which is
by the ballpark. Meiers feels that the parents will use the alley to park in because they will want to be
able to see their kids on the hill so some kind of signs will need to be used. Furuseth said they can put
something in the Lease Agreement regarding the parking.

AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

       2.      Request to Put City Property Up for Bid – Lots 1, 2, 3, 7, 8, 9, 10, 11, 12 & Outlot 1, Block
               24, Bruegger’s 2nd Addition

Koeser stated that they received a request from Joe LaFave for Lots 1, 2, 3, 7, 9, 10, 11, 12 & Outlot 1,
Block 24, Bruegger’s 2nd Addition to be put up for bid. LaFave is interested in purchasing the property
and placing an extended stay hotel there. Koeser mentioned that this is the property where the Old City
Shop was and where the County was given Lots 4 and 5 for their parking lot.

Bekkedahl asked whether the 20 foot alley that LaFave was requesting to be vacated was a single alley or
two alleys. Meiers answered that it was a t-alley and feels they could make that contingent upon seeing
the development plan.

Bekkedahl questioned whether the bidders would have to give them a development plan when they turn in
their bids or if they should require one after the bid is accepted. Kautzman thinks that the bidder will
have to submit the development plan with the bid so that the Commission can look at everything and
decide from there which bid to accept.

MOTION BY LAWSON, 2ND BY BOGAR, to put Lots 1, 2, 3, 7, 8, 9, 10, 11, 12 & Outlot 1, Block
24, Bruegger’s 2nd Addition for bid and a development plan to be included with the bid.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

8.     Report of Commissioners
       A.     President of the Board
       B.     Vice-President; Fire, Police, and Ambulance Commissioner
       C.     Street and Improvement, Sanitation, Cemetery and Public Works Commissioner
              1.      Resolution Establishing Fees Pertaining to the Cemeteries in the City of Williston,
                      North Dakota

Klug stated the last time rates were increased was in 2005 and looking at the current operation of the
cemetery, the City is losing about $120 per cemetery burial. They looked at fees around the state and the
changes that are proposed are similar to what is being charged in other cities.
Bekkedahl asked if the perpetual care amount would increase also, at which Kautzman said that 10% of
November 12, 2008                            11                      City Commission Meeting

the cost goes into perpetual care so it would increase when the rates increase.

MOTION BY BEKKEDAHL, 2ND BY KLUG, to approve Resolution 08-26, a resolution
establishing fees pertaining to the cemeteries in the City of Williston, North Dakota.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

       D.      Finance Commissioner
       E.      Water Works, Sewer, Airport, Building and Planning Commissioner
               1.     A Resolution Adopting a Policy Regarding Treated Water Service to Subdivisions
                      within One Mile of the City Limits

Bogar stated this resolution is a way for the City to enforce the policy in place when allowing Williams
Rural Water to hook up water to customers within one mile of the city limits. Koeser mentioned that
anyone wanting water within the one mile radius of the city limits will need to be annexed into the city.

MOTION BY BOGAR, 2ND BY LAWSON, to approve Resolution 08-27, a resolution adopting a
policy regarding treated water service to subdivisions within one mile of the city limits.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

9.     Report of Department Heads
       A.     City Auditor
              1.     Software Purchase

Kautzman stated he is requesting to move forward with purchasing software. He would like to utilize part
of the left over appropriation in the water area in 2008 and wants to purchase $59,680 of software
interconnected with the utility side this year, the remaining software will be purchased with funds set
aside in 2009. He recommends purchasing software from Black Mountain Software, a software company
that West Fargo and Watford City both use and are extremely happy with. One reason Kautzman has
been looking for new software is Jerry Herman will be retiring within the next couple of years, so he feels
it would be best to convert to a new system when he is available to help instead of waiting till he is gone.

Kautzman is asking for permission to purchase utility software from Black Mountain this year.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to authorize the software purchase out of the
2008 budget in the amount of $59,680 from Black Mountain software as detailed by the Auditor in
the memo.

Bekkedahl mentioned that he got to spend some time in West Fargo looking at this software and they
spoke very highly of it and the software was very user friendly, which is important. Each different
accounting area has its own module, so they felt getting the Utility module now would make it easier to
implement the other modules next year.

AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0
November 12, 2008                          12                      City Commission Meeting


               2.     Alarm System

Kautzman said if they want to implement the existing system at the new Law Enforcement Center, it is
going to cost substantially more money because of the kinds of equipment that will have to be put there.
With that in mind, Kautzman recommends going with Electro Watchman, Inc at the cost of $2,524.60 and
an annual service fee of $383.40. Simplex did have a lower quote but they do not have anyone in town to
monitor the system, so going with the next lowest quote would be best. Once they make the conversion,
they will be tied into the new Law Enforcement Center through a call service.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to rescind any prior actions relating to the alarm
system.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to award the bid to Electro Watchman, Inc in the
amount of $2,524.60 and an annual fee of $383.40.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

Parkinson wanted to make Meiers aware that Public Works will need to get a new alarm system just like
City Hall is because when the Police Department moves to the new Law Enforcement Center, they will
not be connected.

       B.      Attorney
       C.      Director of Public Works/City Engineer
               1.     Grant Applications

Meiers stated that November 20th is the deadline for a Special Road Fund grant, which is a grant
application the NDDOT gives out each year. It is a 60/40 grant that is set up to provide funds for road
paving and maintenance for access to or within recreational tourist or historical areas within the
boundaries of the state of North Dakota. He said they previously applied for the grant for the re-
development of the Amtrak/Depot/Railroad Park but it was not awarded. He would like to reapply for the
grant again this year so new access roads can be added to the park area.

MOTION BY LAWSON, 2ND BY KLUG, to allow the Director of Public Works to apply for the
grant.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0


               2.     Engineering/Survey proposals

Meiers stated that a traffic operation study and some surveying need to be done for the 4 th Ave W Federal
Aid project. Quotes were received from three firms and the lowest was from Kadrmas, Lee & Jackson for
the amount of $10,700 and he recommends going with them to do the traffic operation study.
November 12, 2008                          13                     City Commission Meeting


MOTION BY BOGAR, 2ND BY LAWSON, to approve the engineers recommendation to utilize
Kadrmas, Lee & Jackson for the traffic operation study for the amount of $10,700.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

Meiers said they only received one proposal for the surveying, which was from Kadrmas, Lee & Jackson
for the amount of $3,200. He recommends approval to utilize Kadrmas, Lee & Jackson for the surveying
work.

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to approve the engineers recommendation to
utilize Kadrmas, Lee & Jackson for the surveying for the amount of $3,200.

Meiers mentioned that they have the same problem on Highland Drive so they might want to look at that
at the same time

AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

Meiers stated that he got a call from the DOT today that there is an economic stimulus package being
proposed that the cities could get up to $720,000 if projects are ready within 90 days. The projects will
have to be in by Friday.

MOTION BY BEKKEDAHL, 2ND BY BOGAR, to authorize the City Engineer to proceed with the
request.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

       D.      Fire Chief
       E.      Chief of Police
       F.      Building Official
       G.      City Planner
       H.      Economic Development
               1.     Workforce Development – Overview of www.willistonlife.com

Koeser commented that he was impressed with Wenko’s handout he received a few weeks ago and
thought it would be beneficial for the Commission to see what is going on. Wenko said he will show
them the new design of the website and show them the Workforce Development site called
www.willistonlife.com.

Wenko showed the new williston.nd.com site, which Bogar and DAWA helped them create. This site has
become the portal for Williston; anything someone is looking for regarding Williston will be connected to
the site. The latest news and events will be updated by each department weekly so that people can see
what is going on and be able to attend those functions. Each department for the City assigned an
administrator to update information on the site and they were able to put what information they felt the
public needed to know about their department on their page.
November 12, 2008                            14                      City Commission Meeting


Williston life was a project through the Vision 2008 that was proposed back in April by Wenko. This site
is a community job resource site and is really the backbone of the Vision 2008 project. The site gives
Wenko the ability to keep track of who is going there and be able to keep in contact with people that came
to career shows.

At this time they are not charging for businesses to use the featured job and featured employer, but as time
goes on and more people are using the site, they will charge them to be in the featured section. The
money received for that will go right back into marketing.

Wenko mentioned that every two weeks they look at the jobs that are posted and call the employer to see
if they are seeing any action from Williston Life and ask them to call them when the position is filled.
There is a tracker on each job that is posted so that they can see how many people are looking at each job
posting.

Two out of three criteria must be met to be able to put a job on the site, which the criteria are it must pay
at least $30,000, has to be full time, and/or if it is under $30,000 it must be an entry level job that works
into a higher paying position.

       I.      Airport
               1.      Airport Parking Lot Grant

Marburger stated that he has some information for an Airport Parking Lot Grant, but he is waiting on
some additional details from the contractor so he would like to have the issue tabled until the next
meeting.

MOTION BY LAWSON, 2ND BY BOGAR, to table the issue until the next Commission meeting
MOTION CARRIED BY VOICE VOTE.

       J.     Assessor
       K.     Convention and Visitor’s Bureau
10.    Appointments and Consultations with Officers
11.    Unfinished Business
       A.     Identity Theft Prevention Program

Kautzman stated that they were waiting for Furuseth to look at the document and give a recommendation
on whether to follow this program or not. Furuseth said he did review the document and it looks fine to
him. Kautzman would like the program and the proposed application for utility services approved. He
mentioned that there will be complaints from people who want to switch water into their names over the
phone but now will have to come in and fill out a form to have that done.

       B.      Proposed Application for Utility Services

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve the Identity Theft Prevention
Program and the Application for Utility Services.
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0
November 12, 2008                       15                     City Commission Meeting

12.    New Business
13.    Executive Session
       A.     Request Executive Session on an Economic Development Issue
       B.     Request Executive Session on an Economic Development Issue

Koeser entertained a motion to move into Executive Session as allowed by North Dakota Century Code
Section 44-04-19.2. There are actually two economic development issues that they would look to go
over.

MOTION BY LAWSON, 2ND BY BEKKEDAHL, to move into executive session.
MOTION CARRIED BY VOICE VOTE.

 Meeting was called back to order by Koeser. The Commission met in executive session to discuss two
economic development issues, with only one issue being voted on.

MOTION FOR ECONOMIC ISSUE #1
AYE: Lawson, Bogar, Bekkedahl, Klug, Koeser
NAY: None
CARRIED: 5-0

14.    Adjourn

MOTION BY BEKKEDAHL, 2ND BY LAWSON, to adjourn.

				
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