OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS June 15th, 2016

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1 OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS June 15th, 2016 MEMBERS PRESENT: Commissioners Pelton, Scott, Dukart, Hauck and Kleemann OTHERS PRESENT: Pat Merriman, Tracey Dolezal, Mike Zimmerman and Julie Karey The meeting was called to order by Chairman Hauck at 9:00 a.m. Mike Zimmerman, Road Superintendent, appeared to report on the Road Department. Discussed McKenzie Electric s utility permit to encroach a power line within section line right-of-way. Motion by Commissioner Dukart, seconded by Commissioner Pelton, to approve McKenzie Electric s permit to encroach in section line right-of-way on 10 th St. NW provided they obtain written consent from the landowner. Upon roll call vote, all members voted aye, and the motion carried. Motion by Commissioner Dukart, 2 nd by Commissioner Pelton, to accept Baranko s estimate of $7100 for improvements to the Killdeer Mountain Tower Road. All members voted aye, and the motion carried. It was noted that the EPA will be doing a walk through inspection of the Little Knife Mitigation Project. Waddles are being taken out and the Weed Officer has inspected the project. Jeremy Wood, Northern Plains Engineering, appeared to update the Commission on construction projects. Kisse Bride: Monday June 20 th is the anticipated start date. Seal Coat on South Heart Road should be completed by the end of the day. Gas plant/tank Battery paving is starting as of today. Discussed a public letter to NDDOT from the county for a right turn lane south off Highway 200 onto 122 nd Ave SW. Motion by Commissioner Dukart, seconded by Commissioner Kleemann to direct Engineer Wood to draft a letter to the NDDOT. All voted aye, and the motion carried. Killdeer Mountain Road: Motion by Commissioner Scott, seconded by Commissioner Kleemann, to approve the resolution awarding the bid to Martin Construction. All members voted aye, and the motion carried. Engineer Wood reported that plans are complete on the Wierson Road Project, but is at an impasse with landowner Larry Zabolotny for an easement. No action was taken.

2 Randy Nordsven, Conoco Phillips, appeared to discuss road access when roads are closed due to a weather event. Mr. Nordsven noted that his company could do a lot of road maintenance with gravel and mag chloride rather than pay extra days for a rig just sitting. Mr. Nordsven asked the Commission consider an amount of $20,000 per/mile to cover the cost of gravel and mag. They are basing their proposal on McKenzie County s permit. Road Superintendent Zimmerman will discuss with the McKenzie County Road Engineer. Motion by Commissioner Dukart, seconded by Commissioner Scott, to table until the July 6 th meeting. Mr. Dale Dvorak appeared to discuss a section line fence issue with Danny Marty. Mr. Dvorak stated that Mr. Marty s fence is within the section line right-of-way and obstructs his access to his property with his semi-trucks and drill. Mr. Dvorak requested that the fence be set at 33 from section line. Mr. Danny Marty appeared and stated that Mr. Dvorak does have access from West, East & South and that he is not denied access to his land. The Commission informed Mr. Dvorak and Mr. Marty that they will discuss further later in the meeting. Auditor Dolezal presented Ordinance [Public Use of Dunn County Park Lands] for adoption. Motion by Commissioner Dukart, seconded by Commissioner Pelton, to approve. All Commissioners voted aye, and the motion carried. Terrald Bang, David Twist, Ken Roshau & Don Hedger appeared on behalf of the Dunn County Fair Board, to discuss financial assistance for the High Plains Cultural Center. Mr. Bang noted that their presence is a continuation of discussions with the Commission from nearly one year ago pending the financial review report from Roene Hulsing, CPA on the finances of the Dunn County Fair Board. Candyce Kleemann, appeared and questioned the financial review report and finances of the Dunn County Fair Board. Mr. Bang presented a letter from the Fair Association outlining their request for $180,000 in order to prepay eighteen months of loan payments. Additionally, the DCFA Requested $74,000 for the buildings HVAC system and funds to assist with setting up their gaming locations. Motion by Commissioner Dukart, seconded by Commissioner Kleeman, to table until later in the meeting. All members voted aye, and the motion to table carried. Jared Twogood, Brian Gregoire and Derek Twogood of GT Architecture Firm, Dickinson, ND, appeared to provide the Commission information on their firm s architectural services. GT has done several projects in the surrounding area. Their fees are typically based on percentage of construction cost. Sandy Rohde, Code Administrator and Engineer Ken Good appeared on behalf of the Sabrosky First Addition Plat. States Attorney Merriman reviewed the proposed changes to the plat which vacate all access easements, utility easements and public street right-ofways within the subdivision. Motion by Commissioner Pelton, seconded by Commissioner

3 Scott, to approve the resolution relinquishing all public interest within the subdivision. All members voted aye, and the motion carried. Code Administrator Rohde presented the following Conditional Use Permits that were Approved at the June 14, 2016 Planning and Zoning hearing: 1. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the S2NW4 of section The property is zoned Rural Preservation and owned by Olson Farms. This application was tabled at the May 10 th, 2016 hearing. 2. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the S2SE4 of section The property is zoned Rural Preservation and owned by Robert & Tracey Dolezal. This application was tabled at the May 10 th, 2016 hearing. 3. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the N2NW4 of section The property is zoned Rural Preservation and owned by Russell & Mabeth Kudrna. This application was tabled at the May 10 th, 2016 hearing. 4. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the S2S2 of section The property is zoned Rural Preservation and owned by Allan & Bruce Lind. This application was tabled at the May 10 th, 2016 hearing. 5. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the N2NE4 of section The property is zoned Rural Preservation and owned by Isabelle Hartman Trust (Jane McMahen). This application was tabled at the May 10 th, 2016 hearing. 6. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the S2SE4 of section The property is zoned Rural Preservation and owned by Llewellyn & Sharon Alexenko. This application was tabled at the May 10 th, 2016 hearing. 7. Joe Kessel and Cody Idso of Dickinson ND, representing Baranko Bros, Inc. filed a Conditional Use Permit for a 19 acre Borrow Pit located on the N2NE4 of section The property is zoned Rural Preservation and owned by Jennifer Emerson. This application was tabled at the May 10 th, 2016 hearing. 8. Milo Holte of Starbuck MN, representing Badlands Aggregate, Inc. filed a Conditional Use Permit for a 19 acre Gravel pit located in the NW4 of section The property is zoned Rural Development and owned by Jaeger Family Trust. 9. Rick Adams of Backus MN, representing Badlands Cellular of ND d/b/a Verizon Wireless filed a Conditional Use Permit for 150 Communication Tower Facility located in the SE4 of section The property is zoned Rural Preservation and owned by Dawn & Ted Kupper. 10. Marty Reynolds or Tom Fisher of Dickinson ND, representing Big Hill Resources, LLC filed a Conditional Use Permit for a 19 Acre Gravel Pit located in section The property is zoned Rural Preservation and owned by Roger Fisher. 11. Amos Buehner of Dunn Center ND, filed a Conditional Use Permit for a Water Depot with up to 10 Frac Tanks located in the NE4 of section The property is zoned Rural Preservation and owned by Kevin Buehner.

4 12. Amos Buehner of Dunn Center ND, filed a Conditional Use Permit for a Water Depot with up to 10 Frac Tanks located in the SW4 of section The property is zoned Rural Preservation and owned by Kevin Buehner. 13. Joe Schettler or Shane Vettel of Watford City ND, representing Stream Line Water Services filed a Conditional Use Permit for a Water Depot located in the NE4 of section The property is zoned Rural Preservation and owned by Joseph Schettler. 14. Phillip Olson or Arick Grim of Killdeer ND, representing Missouri Basin Energy Services filed a Conditional Use Permit for a Water Depot located in the NE4 of section The property is zoned Rural Preservation and owned by Larry Lundberg. 15. Brent or John Dolezal of Killdeer ND, filed a Conditional Use Permit for a Water Depot and up to 20 Frac Tank or Poseidon tank located on the SW4 of section The property is zoned Rural Preservation and owned by Brent & John Dolezal. Motion to approve by Commissioner Pelton, seconded by Commissioner Dukart. Upon roll call vote, all members voted aye, and the motion carried. Engineer Ken Good discussed costs of the residential permits. Forsgren is willing to apply a lower multiplier for residential and raising the commercial multiplier. Also, to propose a flat $500 review fee for residential. Stark County has implemented the new fee structure. Motion by Commissioner Scott, seconded by Commissioner Dukart, to adjust the multipliers for base commercial and residential building permit fees, and a flat $500 review fee for residential. The new fee structure will be the same as in Stark County. All voted aye, and the motion carried. Code Administrator Rohde informed the Commission that Engineer Ken Good will be relocating. Mr. Aaron Swenson, Forsgren will be assuming Mr. Good s responsibilities. The Commission thanked Ken for his assistance to the county. Becky Buchmann, County Extension Agent appeared to report on the activities of The Extension Office. Achievement Days are scheduled for August 8-10 th. Mike Schollmeyer, Airport Authority appeared to report on the Airport Authority. They will be hosting a Fly-In on Saturday, June 25 th to celebrate the Airport s progress and being named the 2015 General Aviation Airport of the Year. Plans are underway to start construction on a hanger. The airport is seeing a lot of jet use. New equipment is being installed so pilots will be able to do a fly instrument approach.the Commission thanked Mr. Schollmeyer and the Airport Authority for their leadership and good work. Commissioner Dukart reported that on June 21 st a group of Irish farmers and dairymen will be at the courthouse for lunch and a brief presentation on agricultural and the energy industry. In addition, on June 21 st, the North Dakota Petroleum Council is sponsoring a bus tour for teachers and will be at the Dunn Center Fire Hall with MBI is sponsoring the meal. Motion by Commissioner Dukart, seconded by Commissioner Kleemann, to approve DC Pub & Grub s Special Event Permit at the Helfrich Ranch for a wedding on August 20, All voted aye, and the motion carried.

5 Discussed Epic Engineering s task order in the amount of $331,000 for Phase 2 construction management fees. Motion by Commissioner Dukart, seconded by Commissioner Scott, to approve the additional construction fees. Upon roll call vote, Commissioners Scott, Pelton and Dukart voted aye. Commissioners Kleemann and Hauck voted nay. Auditor Dolezal presented Klint Sickler s abatement for taxes that were paid on an old house that was removed prior to the 2015 assessment date of February 1 st, Motion by Commissioner Dukart, seconded by Commissioner Scott, to approve the abatement of taxes in the amount of $ All members voted aye, and the motion carried. Motion by Commissioner Dukart, seconded by Commissioner Scott, to remove from the table discussion on the HPCC. All members voted aye, and the motion carried. Following discussion, motion by Commissioner Dukart, seconded by Commissioner Scott, to donate $180,000 to be used to prepay eighteen months of loans and furthermore, they must contact the Small Business Development Center to consult on a business plan. Upon roll call vote, Commissioners Scott, Dukart and Hauck voted aye. Commissioners Pelton and Kleemann voted nay. The motion carried. The Commission continued their discussion regarding the Dvorak and Marty fence dispute. Motion by Commissioner Pelton, seconded by Commissioner Dukart, that Mr. Marty's fence may remain in its current location with the following additional requirements: The fence at the north end of the section line between sections 31 and 32 of Township 144 North, Range 93 West shall be widened, such that, its corner posts do not impede Mr. Dvorak's (or anyone else's) use of farm equipment or vehicles normally associated with either driving or farming within the 66' North-to-South section line. A gate shall be installed in that latter fence, such that, the entire 66' of the other section line remains open and accessible to both Mr. Dvorak and the general public. Upon roll call vote, all members voted aye, and the motion carried. States Attorney Merriman will send a letter to both parties. At 1:05 p.m., Mr. Pelton excused himself from the meeting. Road Superintendent Zimmerman reported back to the Commission after discussing the Conoco Phillips road agreement with McKenzie County. McKenzie County allows a onetime permit at $40,000 per mile and incorporates it into a Road Haul Agreement. Mike Will put together a permit for the Commission s consideration. Discussed whether or not the County should sell the Social Services 2010 Expedition and 2002 Crown Vic. The vehicles need new tires, alignment and brakes. No decision was made at this time. Road Superintendent Zimmerman informed the Commission that he had a request from

6 The West Dunn Fire District for one of the older Peterbilt water trucks to be placed in Dunn Center. Motion by Commissioner Dukart, seconded by Commissioner Scott, to loan a Peterbilt water truck to West Dunn Fire District for one year provided it is placed in Dunn Center and if needed, the county reserves the right to use it. All members voted aye, and the motion carried. Motion by Commissioners Dukart, seconded by Commissioner Scott, to approve the following vouchers: GENERAL FUND Warr # TO: FOR: AMOUNT: AccuSource, Inc Background checks $ Advanced Business Methods Equipment $ American Bank Center Filing fees $ Braun Distributing Janitor supplies $ Clean Sweep Janitorial $ Computer Professionals Tech support $2, Country Media Publishing $ Dickinson Press Publishing $ Don's Filter & Furnaces Maintenance $ Dvirnak, Lorin Mileage $ Forsgren Associates Planning & Zoning $5, Hewlett Packard Tech support $ Information Tech Dept Tech support $2, Kadrmas, Lee & Jackson Planning & Zoning $3, Killdeer Public School Spelling bee $1, Killdeer, City of Utilities $ Kohler Communications Radios $ Ledesma, Stephanie Office supplies $ Lee, Penny Travel, misc $ MARC Janitor supplies $ MDU Utilities $ Menards Supplies $ ND Association of Counties Drug testing $ ND Newspaper Assoc Election printing $ NDACo Resources Group Tech support $ Norby, Jeremy Mileage $ Pelton, Craig Travel, phone $ Prairie Auto Parts Parts $ Stein, Russ Mileage $ Streicher's Uniforms $ SW Business Machines Office supplies $1, The Hunting Shack Equipment $2, Tyler Technologies Doc Pro $ West Dakota Veterinary Supplies $ Western Choice Fuel $1, AmeriPride Janitorial $ Consolidated Telecom Telephone expense $1, Farmers Union Fuel $340.50

7 VISA Uniforms,supplies, postage $3, MGM Rural Sanitation Garbage $ Roughrider Electric Utilities $1, Verizon Wireless Telephone expense $1, Western Choice Janitorial $36.48 ROAD & BRIDGE American Engineering Testing, Inc Road Material $ American Welding & Gas Shop Supplies $ Ameripride Service Office supplies $ Bartlett & West Engineering $16, Basin Hydraulic Co. Parts $ Bauer Built Tire $4, Benz Oil Co Inc Gas/Fuel/Oil $25, Bosch Lumber Co Shop Supplies $ Braun Distributing Office supplies $ Clean Sweep Office supplies $ Colonial Research Chemical Corp. Shop Supplies $ Consolidated Telcom Telephone $ Dickinson Supply Inc Shop Supplies $2, Embroidery Arts Shop Supplies $ Epic Engineering Engineering $3, Farmers Union Oil Co Gas/Fuel/Oil $4, First International Bank Misc $ JD'S Fencing Fencing $42, John Bang Construction Small projects $38, John Deere Financial Parts $ Killdeer, City Of Water $ Kohler Communications Radio's $ Lawson Products Inc Shop Supplies $ M&J Services Small projects $6, MDU Electricity $ MGM Rural Sanitation, Llc Shop Maintenance $ Parkway Ford Parts $ Polar Service Center Parts $ Prairie Auto Parts Parts $ Precision Machine & Welding Parts $4, Road Equipment Parts $ Roadworx, Llc Road Stabilization $175, Roughrider Electric Cooperative Electricity $ Tony's Auto Repair Repairs $ Verizon Wireless Telephone $ W.D. Larson Companies Parts $1, Wallwork Truck Center Parts $ Western Choice Cooperative Gas/Fuel/Oil $1, Wild West Septic Portable Toilets $ Divirnak, Lorin & Karen Easement $5, IBS, Inc Shop Supplies $456.90

8 J & J Operating Parts $173, COUNTY BUILDING Orlandos Versatile Construction Building $21, COUNTY AGENT Hinrichs Super Valu Supplies $ Consolidated Telecom Telephone expense $ VISA Office supplies, postage $ CO AG ED TRUST VISA Supplies $ DEM Verizon Wireless Telephone expense $ VISA Fuel $ WEED CONTROL Just-In Glass Repairs $ AmeriPride Janitorial $ Consolidated Telephone expense $ MGM Rural Sanitation Garbage $ Roughrider Electric Utilities $ Farmers Union Fuel $ Western Choice Repairs $ E NDACo Wireless E911 $ FEES Redwood Toxicology Supplies $ Pharm Chem, Inc Supplies $ COUNTY PARK Outhouse Duty Maintenance $ SW CO CORRECTION SW Co Correctional Center Inmate housing $14, SHERIFF GRANT AK Investments Housing $ Belfield Housing Housing $ Bren, Raymond & Kathleen Housing $ Dohrmann, Art Housing $ Dunn Co Auditors Housing $ Dunn County Housing Housing $ Dvirnak, Tim Housing $ Merriman, Brenda Housing $ Prairie Gold Real Estate Housing $ Prairie Property Management Housing $500.00

9 Wardner, Rich Housing $ VISION WEST GRANT DLN Consulting Vision West $3, Upon roll call vote, all Commissioners voted aye, and the motion carried. Motion by Commissioner Dukart, seconded by Commissioner Scott, to adjourn. The meeting adjourned at 1:15 p.m. Reinhard Hauck, Chairman ATTEST: July 1, 2016 Tracey Dolezal, Auditor Date