OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS April 15, 2015

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1 OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS April 15, 2015 MEMBERS PRESENT: Commissioners Hauck, Scott, Kleemann, Pelton and Dukart OTHERS PRESENT: Pat Merriman, Mike Zimmerman, Darrin Schaeffer, Justin Hyndman, Fil Askerlund, Jeremy Wood, John Zumwalt and Dave Leftwich. The meeting was called to order by Chairman Hauck at 9:00 a.m. Fil Askerlund, Epic Engineering, appeared to report on the South Heart Road Project. Construction on Phase 2 commenced today on the slide area and will progress from North to South. Construction meetings will be held on Thursday s at 10:00 a.m. at the site. There will be approximately three miles in construction at a time with a pilot car being utilized. Justin Hyndman, KLJ, appeared to report on the Little Knife Mitigation Scour Hole Project. Mr. Hyndman presented Technical Memorandum No. 1, Revision 7 Final for the EPA portion of the project. The memorandum outlines the monitoring phase of the project. KLJ will submit annual monitoring reports to the EPA by November 1 st of each year. The County will have Diane Allmendinger, Weed Board Officer inspect the site for noxious weeds. Mr. Hyndman will address any requirements or a pre-approved plan from the EPA for mitigating the presence of noxious weeds. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to approve the Final Review and Acceptance Letter with Crow River Construction, LLC on the Scour Hole Project. All voted aye, and the motion carried. Darrin Schaeffer, Bartlett & West, appeared to report on the projects his firm is working on. Discussed the change order to widen Wannemacher Road Phase 1 and option for 4 of aggregate surfacing at a cost of $1,501, The option for 6 of aggregate surfacing is at a cost of $2,024, Motion by Commissioner Scott, 2 nd by Commissioner Pelton, to proceed with the 4 of surfacing. All voted aye, and the motion carried. Jeremy Wood and John Zumwalt of Northern Plains Engineering, appeared to report on the projects their firm is working on. Gas Plant/Tank Battery Road is scheduled for a May 20 th bid opening. 28 th Street construction is expected to commence in late April. The Lynch Box Culvert Project is anticipated to begin in June. Mr. Wood will look into speed limit posting on the Little Missouri Bay Road. Road Superintendent Zimmerman reported that NDDOT will participate with ER funds on the failed slide area on the Little Missouri Bay Road. Mr. Wood stated that geotechnical analysis should be done. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to have Engineer Wood work on the engineering on the Little Missouri Bay Road slide area. All Commissioners voted aye, and the motion carried.

2 Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to authorize the Chairman to sign the DOT maintenance agreement on the South Heart Road Phase 1. All voted aye, and the motion carried. Motion by Commissioner Dukart, 2 nd by Commissioner Pelton, to approve the utility permits. All voted aye, and the motion carried. At 10:00 a.m. per call for bids the following bids were opened on the Houghton Road [CP-13(14)03]: 24/7 Contracting Services $724, Edward H. Schwartz Construction $586, Meyer Contracting, Inc. $645, Dennis Drewes Inc. $529, J. Koski Co. $614, Central Specialties Inc. $591, Martin Construction Inc. $510, JR Civil $665, Gratech Company $611, Per call for bids, the following bids were opened on the 25 th St & 106 th Ave Intersection [CP -13(15)02]: Gratech Company $504, Martin Construction, Inc $362, Edward H. Schwartz, Inc. $384, /7 Contracting Services, LLC $494, Hlebechuk Construction Inc. $457, Central Specialities, Inc. $500, J. Koski Co. $440, Park Construction Company $882, Engineer Wood and Mr. Zumwalt will tabulate the bids and report back to the Commission later in the meeting. Road Superintendent Zimmerman reported on the benefits of a product called Surfactant which would be mixed in with our mag chloride. Motion by Commissioner Pelton, 2 nd by Commissioner Dukart, to authorize the cost and practice of adding Surfactant to Mag Chloride. All voted aye, and the motion carried. Due to the present fire danger the road department will keep the water trucks filled when parked at night. Sandy Rohde, Code Administrator, appeared to present the following Planning and Zoning applications that were approved at the April 14 th hearing: Stacy & John Bang - Conditional Use Permit for equipment and materials storage located in the NE

3 Mike Wald, representing 701 Water, LLC - Conditional Use Permit for a water depot with up to ten frac tanks located in the SE4 of Tim & Fayleen Fischer Preliminary Plat for a residential subdivision located in the SE4 of David Cassel, representing ONEOK Rockies Midstream LLC Text Amendment to Dunn County s Land Development Code. The Text Amendment would add Refinery/Processing plant to Table 1 and defined as an industrial plant which separates and/or converts crude oil and/or natural gas into petroleum products such as diesel, gasoline, heating oils, pipeline quality natural gas and hydrocarbon liquids and other by-products. David Cassel and Jeff Hammond, representing ONEOK Rockies Midstream LLC Conditional Use Permit for a Refinery/Processing Plant located in the NE4 of Motion by Commissioner Dukart, 2 nd by Commissioner Pelton, to approve the applications as presented. Upon roll call vote, all voted aye, and the motion carried. The Commission discussed possible future maintenance of the cemetery which is platted on the Gene Jackson Plat Subdivision. Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to approve the plat with the condition that a Homeowners Association be created to address cemetery maintenance. Upon roll call vote Commissioners Scott, Pelton, Dukart and Hauck voted aye. Commissioner Kleemann voted nay. The motion carried. Becky Buchmann, County Extension Agent, appeared to report on the activities of the Extension Office. Ms. Buchmann informed the Commission that she will be co-chairing the Livestock Program Planning Team for the State. Ms. Buchmann also noted that Dunn County is one of thirty sites in the United States to participate in a table top exercise for handling livestock emergencies at county fairs. The exercise will be held on June 18 th at 10:00 a.m. at the Killdeer Ambulance Hall. NDSU researchers in Range Science and Soil Science are looking for access to land to collect data on dust impacts in the Bakken region. The Researchers are looking for landowners and tenants interested in one or more of the following projects: Dust effects on plant productivity Dust effects on harvest yield Dust and livestock health All data will be recorded and used in an anonymous way. For more information or to volunteer contact the Extension Office. Commissioner Dukart updated the Commission on legislation affecting funding for counties. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to remove from the table discussion on the 60% text amendment to the Dunn County Ordinance. The motion carried. Derrick Braaten of Baumstark Braaten Law Partners, Bismarck, appeared on behalf of supporters of the 60% rule. Mr. Braaten presented information and his legal opinion in support of the text amendment. Pat Merriman, States Attorney addressed the constitutionality and the ambiguous language

4 of the text amendment. Mr. Merriman reiterated that the decision to approve or disapprove a conditional use permit lies with Planning and Zoning and ultimately the County Commission. The Commission heard comments from several supporters of the text amendment. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to approve the 60% text amendment. Upon roll call vote: Commissioners Kleemann and Hauck voted aye. Commissioners Scott, Pelton and Dukart voted nay. The motion failed. Joe Wanner, David Sickler and Leo Stein, representing Gladstone Fire District appeared to discuss their fire department building project and request support of $50,000 from Dunn County to help with construction. Gladstone Fire District covers approximately 34,000 acres in Dunn County. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to approve $50,000 out of the Capital Projects fund for the Gladstone Fire District construction project. Upon roll call vote, All Commissioners voted aye, and the motion carried. John Zumwalt, Northern Plains Engineering, appeared with the bid tabulations on the Houghton Road [CP-13(14)03]. All bids were found to be tabulated correctly and recommended awarding the bid to Martin Construction Inc. with the low bid of $510,420. Motion by Commissioner Kleemann, 2 nd by Commissioner Pelton, to award the bid to Martin Construction Inc. Upon roll call vote, all Commissioners voted aye, and the motion carried. Mr. Zumwalt reported that the bids on the 25 th St & 106 th Ave Intersection [CP -13(15)02] were found to be tabulated correctly and recommended awarding the bid to Martin Construction Inc. with the low bid of $362,084. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to award the bid to Martin Construction Inc. Upon roll call vote, all Commissioners voted aye, and the motion carried. HR Director, Giffin appeared to inform the Commission that the NDPERS Program has been scheduled for Thursday, October 8 th at the High Plains Cultural Center. NDPERS has asked if Dunn County would open up the meeting to other entities. The cost to County would be the rental fee. The Commission was in agreement to open up the meeting to other entities. Lisa Guenther, Recorder, appeared to discuss e-recording in the Dunn County Recorder s Office. The Software module will work with the current recording program. The cost is $4397 for the module and includes the first year maintenance fee. Subsequent year s maintenance is approximately $300 per year. Motion by Commissioner Scott, 2 nd by Commissioner Kleemann, to authorize the Recorder to implement E-Recording. All Commissioners voted aye, and the motion carried. Motion to approve the burn ban with the inclusion of the $1500 fine for violations. Motion by Commissioner Pelton, 2 nd by Commissioner Kleemann, to approve. All voted aye, and the motion carried.

5 Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to approve the vouchers. Upon roll call vote, all Commissioners voted aye, and the following vouchers were approved for payment: Paid List of Bills April 15, 2015 Commissioner's Meeting GENERAL FUND Warr# TO: FOR: AMOUNT: AccuSource Background checks $ American Bank Center Direct deposit charge $ AmeriPride Service Janitorial $ Balco Uniform Uniforms $7, Benz Oil Co Fuel, propane $2, Computer Professionals Tech support $2, Country Media Publishing $1, Dauer, Betsy Travel expense $ Electronic Communications Courthouse maintenance $ Halonen, Dan Uniforms $ Information Tech Dept Tech support $2, KAAS Coroner equipment $12, Kenmare One Stop Uniforms $3, Killdeer, City of Utilities $ Klatt, David Travel expense $ Kohler Communications Radios $ Lee, Jamie Travel expense $ Lyle Signs Signs $ MDU Utilities $ Menards Janitorial $ ND CO Auditor Association Dues $ ND Post Board License $ ND State Radio Teletype and tower $ Nd State's Attorney Assoc Dues $ NDACS Dues $ Office of Attorney General 24-7 fees $4, Prairie Auto Parts Parts $ R&R Auto Vehicle maintenance $ Redwood Toxicology 24-7 fees $ Rhoades, Hunter Vehicle maintenance $ Roshau, Tim Travel expense $ Service Printers Office supplies $ Sigloh, Danielle Uniform, supplies $ Simplex Grinnell Courthouse maintenance $ Slope Co Auditor Meals $ St. Joseph's Hospital Medical $ Streifel, Leonard Housing $ Sul, Tim Uniforms $ US Cavalry Equipment $9, US Postal Service Postage $ Western Choice Vehicle maintenance $ Consolidated Telephone expense $1, Farmers Union Oil Tires, repairs $ VISA Supplies, fuel, postage $3, Manning Waterworks Utilities $ Roughrider Electric Utilities $1, Verizon Wireless Telephone expense $1, ROAD & BRIDGE American Welding Shop supplies $21.92

6 AmeriPride Service Office supplies $ Bahl, Alene Road materials $45, Bartlett & West Engineering $162, Basin Hydraulic Supplies, parts $ Benz Oil Fuel, propane $11, Colonial Research Chemical Shop supplies $ Consolidated Telephone expense $ Crow River Construction Contract roadwork $26, Dakota Farm Equipment Parts, repairs $ Dickinson Supply Parts, supplies $1, Energy Systems Tools $ Farmers Union Oil Parts, repairs $ Grohs, Annette Road materials $45, Halliday, City of Utilities $ Hedahls Supplies, parts $ Hinrichs Super Valu Office supplies $ Jay R's Auto Body Parts $21, JD's Fencing Contract roadwork $6, John Deere Financial Parts, repairs $ Killdeer, City of Utilities $ Kohler Communications Radios $ Lawson Products Shop supplies $ Lyle Signs Signs $ MAC's Shop supplies $1, Manning Waterworks Utilities $ MDU Utilities $ Meyer Aggregate Road materials $228, Nelson Leasing Equipment $179, North Central Rental Equipment $5, OK Tire Store Tires $13, Polar Service Parts, repairs $ Prairie Auto Parts Parts $1, Prairie Implement Parts, repairs $ Rebsom, Carol Road materials $45, Respond Systems Safety supplies $ Road Equipment Parts, repairs $1, Rockmount Research Shop supplies $ Roughrider Electric Utilities $ Schmalz, Chris Road materials $45, Schmalz, David Road materials $45, Schmalz, Donald Road materials $45, Schmalz, Douglas Road materials $45, Schmalz, James Road materials $45, Schmalz, Joseph Road materials $45, Selle Implement Parts $ St. Joseph's Clinic DOT Physical $ Steckler, Greg Road materials $ Sw Business Machines Office supplies $ Titan Machinery Parts, repairs $ Tony's Auto Repair Parts, repairs $ Western Choice Fuel, supplies, tools $25, D Specialties Signs $ Consolidated Telephone expense $ VISA Travel expense $ Verizon Wireless Telephone expense $ CAPITAL PROJECT Ainsworth Benning Weed shop $175, Dickinson Fire Contributions $175, Electronic Communications Shop $2, Halliday School Contributions $82,800.00

7 COUNTY AGENT Hinrichs Super Valu Supplies $ Consolidated Telephone expense $ VISA Travel, supplies $ SW CO CORRECTION SW Multi Co Correction Inmate housing $15, E NDACo Wireless 911 E911 $ WEED Acme Tools Supplies $ Ferebee, Cliff Travel expense $ Jablonsky, Richard Travel expense $ NDDOT License $ NDSU Ext Pesticide Program Supplies $ Open Road Honda Vehicle $12, Farmers Union Oil Fuel $ Roughrider Electric Utilities $ DEM Consolidated Telephone expense $52.86 SHERIFF GRANT Motorola Solutions Equipment $8, US Night Vision Equipment $5, Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to adjourn. The meeting was adjourned at 12:23 p.m. Reinhard Hauck, Chairman Attest: Tracey Dolezal, Auditor May 6, 2015 Date