October 2, Chairman Kalil called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hansonhere, and Montgomery-here.

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1 October 2, 2012 The Williams County Commission met this 2 nd day of October 2012, beginning at 8:00 AM in the Memorial Room of the Williams County Courthouse. Chairman Kalil called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hansonhere, and Montgomery-here. There being a quorum, Chairman Kalil proceeded. Media present was Kris Williams, KUMV-TV. Hanson moved Aberle seconded approval of the September 4 th and 11 th minutes. Motion carried. Time for the final reading and adoption of Ordinance # Infrastructure Use- Imposition of a Sales and Use Tax. Hanson moved Montgomery seconded its adoption and authorize the Chairman to sign Ordinance # Motion carried. Montgomery moved Hanson seconded approval of the assessor s errors for Rob Daly, Sand Creek Estates Lot 144 structure for 2012 was $84, to $50, and blind exemption for Shannon E/Wayne S Hansell, Trenton Township LaKalimaen Subdivision L11 B3 land was $1, now $1, structure was $78, now $0.00 total value $1, Motion carried. Hanson moved Ramberg seconded approval of the prorate of assessments for City of Wildrose purchases of L6 B4 Akres Addition prorate from April to December for 2012 land was $ now $ structure was $0.00 now $0.00 and L4 B4 Akres Addition prorate from April to December for 2012 land was $ now $ structure was $0.00 now $0.00. Motion carried. Montgomery moved Hanson seconded approval of the cancelled Treasurer s checks and Warrants as presented: Treasurer s Checks Check # Date Name For Amount /04/2011 Dan Eagan Refund taxes $ /17/2011 Michael Delaney Refund taxes /11/2011 Mar Elin Aabel Recording fees /16/2011 Katie Godejohn Refund taxes /16/2011 Jan Kare Nymoen Recording fees /22/2011 Anne Kristine Recording fees 6.00 Andersen /27/2011 Torkil Nymoen Recording fees 7.00 Total $

2 Warrants Check # Date Name For Amount /11/2010 Gas N All Fuel $ /13/2010 Gregory Scott Refund 24/7 fees Jordan /18/2011 Levi A Cabler Misc. supplies Total $ Motion carried. Aberle moved Montgomery seconded approval of the County Federal Aid Program of ND 1804 north, bridge 9 miles and 10 miles south of Ray with estimated length of 6.5 miles with estimated cost of $5,000, Motion carried. This and other projects and funding will be discussed at the October 9th meeting in Bismarck, at the annual NDACo Conference, with the NDDOT. Discussion of bridges/box culverts on County Roads #1, #7, #21, #19 (2) will also be discussed at the NDDOT meeting. Discussion was held on water depot renewals where there needs to be agreements put in place for County access to water for road projects at no charge. Wayne Biberdorf will put a letter into the Petroleum Council with this request from Nelson. Nelson gave a road report. Discussion was held on artery roads that need paving if money is received from the State. Zone change from agriculture to public presented for Craig Moen for the purpose of establishing an RV Park containing 80 spots. This would be located to the south of an existing temporary housing facility that was already approved. Aberle moved Montgomery seconded to follow the recommendations of Planning/Zoning of approval subject to an alternate route not to cross railroad tracks and meeting other criteria for RV Parks located in the NW4NW4 Section 3 T155 R99 (40 acres) Springbrook Township. Motion carried. (Craig Moen) Zone change from agriculture to public presented for Arley Hartsoch for the purpose of establishing an RV Park. Nelson stated that there must be a dust control plan and road maintenance plan for County Road #17A in writing submitted when approved. Ramberg moved Aberle seconded to follow the recommendation of Planning/Zoning of approval subject to all RV Park criteria being met, dust control plan, and participation in road maintenance plan with neighboring water depots located in the N2NW4 Section 18 T154 R96 (15-17 acres) Hofflund Township. Motion carried. (Arley Hartsoch) Zone change from agriculture to residential and major subdivision presented for Ray/Glenda Utter and Windsong LLC for the purpose of establishing a major subdivision consisting of 130 lots ranging in size from 1 acre to 1.20 acres. This property is located in 60 th Street to the west of Mike s Back 40 which was recently approved for a 300 unit apartment complex and also to the west of property owned by Bakken Group which received a recommendation of approval at the August 30 th meeting for multi-family residents. Township approved but here are concerns with the cul de sac. Discussion was held on the number of residential subdivisions that have been applied for and the ones that have not ever begun development. Tate Cymbaluk present answering all the concerns that Planning/Zoning had with the 2

3 development. Maybe there needs to be requirements put in place that if a subdivision has not significantly began development within a period of time then the zoning returns to its original state and the development is terminated. Misty Flory, on behalf of Missouri Ridge Township, has been working with the developers and they have addressed the concerns set forth by the Township. They do not feel that the development is that far out, they worked on restricted covenants, and road concerns. Dave Coleman, Windsong LLC, will be moving up here from Denver with his family and will be living in the development. A waiver of non-protest will be signed for possible future paving special assessment district. Montgomery moved Ramberg second approval of the zone change from agriculture to residential and preliminary plat approval, with the final plat with wider roads and exclusion of the water way drainage from the lot sizes, located in the S2NW4 Section 2 T155 R101 (162 acres) Missouri Ridge Township. Roll call vote: Montgomery-yes, Hanson-yes, Aberle-no, Ramberg-yes, and Kalil-no. Motion carried. (Ray/Glenda Utter and Windsong LLC) Discussion was held on a time frame to set and percentage of substantial progress of the development to be completed before the zone change reverts back to its former usage. This will be sent back to Planning/Zoning for a recommendation to the Commission. Zone change from agriculture to commercial public presented for Lacey Oyloe for future commercial development on 20 acres with an RV Park to be established on the remaining 20 acres. The property to the east of the property was recently re-zoned to commercial with a major subdivision. No comments were received from Pherrin Township. This will be a year round facility to start next spring. There will be a 40X60 maintenance/shelter facility with other buildings to shelter individuals in emergency situations with backup power. Montgomery moved Aberle seconded to follow the recommendation of denial on the commercial zone change and approval of the public zone change with a conditional use permit with 30X70 lot sizes and to meet all criteria set forth for RV Parks located in the NW4NE4 Section 29 T155 R100 (40 acres) Pherrin Township. Motion carried. (Lacy Oyloe) Minor Subdivision presented for Abe Owan/Tye Whitlock consisting of 5 lots ranging in size from 5.41 acres to acres. Discussion was held on the non-compliance of Owan, which has no value on the decision on this application as the land is being sold to Whitlock. Aberle moved Montgomery seconded approval of the minor subdivision located in the SE4 Section 21 T154 R102 (62 acres) Judson Township. Motion carried. (Abe Owan/Tye Whitlock) Minor Subdivision presented for Lance Olson/Mark Ellis consisting of 5 lots ranging in size from 5 acres to 7.1 acres. This property was recently re-zoned to commercial/industrial. The plat is currently being routed to staff for review. Stony Creek Township denied the application as it is to close to housing and the mediation of abandoned coal mines. Mrs. Mark Hanson stated that the traffic will affect the general public due to safety concerns of increased truck traffic and mediation of the coal mines. Ellis stated that the coal mines are not on this end. Floyd Peterson stated that County Road #9 will be the temporary route for the east side truck route, in a residential area, and daycare facility. There was no recommendation from Planning/Zoning. Aberle moved Ramberg seconded approval for 5 lots located in the W2SW4 Section 8 T154 R100 (30 acres) Stony Creek Township. Roll call vote: Hanson-yes, Aberleyes, Ramberg-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Lance Olson/Mark Ellis) 3

4 Conditional use permit presented for Mark Donathan for renewal of his temporary housing which consists of 8 RV s that was approved in June Donathan would like to increase the number of RV s to 10. Donathan had 10 trailers on the site, but he has moved 2 of them off the site. Some of his trailer spots are too close to the street, but all of his 10 sites are ready for service. No comments have been received from Trenton Township. Montgomery moved Aberle seconded for Donathan to meet with the Trenton Township Board and then come back to the Board with their recommendations located on Lots 1-6 Block 4 Trenton T153 R102 Trenton Township. Motion carried. (Mark Donathan) Conditional use permit presented for Solsten XP for renewal of their temporary housing which was approve May 10, Questions were raised as to applying for their renewal too early, as it is renewable May A policy for Planning/Zoning needs to read that they will not take renewal applications no further out than 90 days. They are currently at 70% occupancy rate. Montgomery moved Aberle seconded for Solsten XP, located in part of the NW4 Section 16 T153 R102 Trento Township, to come back at the first meeting in February 2013, which will enable the Commission to discuss the future of temporary housing. Roll call vote: Ramberg-yes, Montgomery-yes, Hanson-yes, Aberle-yes, and Kalil-yes. Motion carried. (Solsten XP) Conditional use permit presented for The Bakken Group to establish a waste water treatment plant and facility. Aberle moved Montgomery seconded approval contingent on a dust control agreement and road maintenance agreement with Pherrin Township located in the N2SE4, SW4SE4, SE4NW4 Section 7 T155 R100 Pherrin Township. Motion carried. (The Bakken Group) Conditional use permit presented for Jeff Berger for a water depot. Berger put an application in 5 months ago and he ran out of his temporary water permit. He states that he has been watering the roads for dust control for 1 mile and has been trying to be less intrusive to the residents in the area with his water trucks. There is plenty of truck parking, he has alternate water sites, 100 employees and is trying to help them with housing, he has 9 campers with employees as well as motel accommodations and wants to get approval for an RV Park (which has not been started). He started to sell water 37 days ago and is working with WAWSA. He is not charging rent for the campers and hopes he will not get denied for non-compliance. Ramberg moved Aberle seconded approval for the conditional use permit for 5 acres located in SE4 Section 7 T156 R100 East Fork Township to run concurrent with his water permit. Roll call vote: Montgomery-yes, Hanson-no, Aberle-yes, Ramberg-yes, and Kalil-no. Motion carried. (Jeff Berger) Conditional use permit presented for Kringlie Investments LLC to construct multi-family residential consisting of a 6 unit facility. Montgomery moved Aberle seconded to follow the recommendation of Planning/Zoning of denial located on Lot 1 Blk 5 Madison Ridge Subdivision T154 R101 Williston Township. Motion carried. (Kringlie Investments LLC) Zone change from agriculture to residential and major subdivision presented for Jerry Shae/Regal Land Development consisting of 105 lots, each being 1 acre or more. Zone change and preliminary plat were approved June The final plat of Missouri Meadows Subdivision has been submitted for staff review. Aberle moved Ramberg seconded approval of the zone change and plat approval located in 4

5 E2NW4 & W2NE4 Section 32 T155 R100 Pherrin Township. Motion carried. (Jerry Shae/Regal Land Development) Zone change from agriculture to industrial and conditional use permit presented for Marquis Alliance for the purpose of a special waste landfill. Montgomery moved Hanson seconded to follow the recommendation of Planning/Zoning of approval limited to Marquis Alliance only with the road built to County/Township specs and have a dust control plan coordinated with the Township Board located in SE4 Section 36 T157 R101 (160 acres) Blacktail Township. Roll call vote: Hanson-yes, Aberle-yes, Ramberg-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Marquis Alliance) Chairman Kalil opened the public hearing for the 1 st reading of the amendment to the Zoning Ordinance Definitions and Violations and Penalties sections and the Violations and Penalties Section of the Temporary Housing Ordinance with the 2 nd reading to be held October 16 th. Attorney Karen Prout present gave an overview of the ordinance, stating that regulations are in place for temporary housing. Discussion was held on the temporary housing moratorium. Chairman Kalil closed the public hearing. Hanson moved approval of the Zoning Ordinance/Temporary Housing Ordinance as presented. Motion died for a lack of a second. Further discussion was held. Hanson moved Aberle seconded for approval of the 1 st reading of the Zoning Ordinance/Temporary Housing Ordinance. Roll call vote: Aberle-yes, Ramberg-yes, Montgomery-yes, Hanson-yes, and Kalil-yes. Motion carried. Ramberg moved Montgomery seconded to hire CTA for Professional Planning Services for current and long range planning in Williams County to work with Edson. Motion carried. Ramberg stated that as a long term project the County needs to investigate County Road #10 to #17 to Ray from Tioga. Askim reported that she is re-doing the Code Enforcement Officers position job description as Stephanie Vagts is leaving next week to take the VAP position in the States Attorney s office. The States Attorney s office will be the law and order balance and take on the investigating end of this position if Rick Miller assumes this position. Montgomery moved Hanson seconded authoring Askim to advertise for the assistant Building Inspector position. Motion carried. Askim will meet with City Auditor, John Kautzman and employees concerning a new phone system. She is working with Hallesy on this project. Askim reported that she, Nelson and Aberle will be interviewing an individual for the engineering position. Montgomery moved Aberle seconded approval of December 24 th as a holiday day for County employees. Motion carried. Montgomery moved Ramberg seconded approval of December 31 st as a holiday day for County employees. Motion carried. 5

6 Hanson moved Ramberg seconded approval of the duplicate warrant for Patrick Dylan Johnson, check #46828 in the amount of $ Motion carried. Hanson moved Montgomery seconded approval of transfer order #250 in the amount of $400, from Emergency/County Poor to Social Services. Motion carried. Hanson moved Montgomery seconded the appointment of Bill Sheldon to the Williams County Water Resources District Board. Motion carried. Innis reported that the County will not have any tax title parcels for sale on the 3 rd Tuesday of November as all parcels were paid by the owners. This has not happened since Innis started in the Auditor s office in The RV Camper Solution policy will be reviewed and addressed at the October 16 th meeting. There being no further business, the meeting recessed at 12:24 PM. 6