Minutes of the Board of Ward County Commissioners. May 16, 2017

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1 Minutes of the Board of Ward County Commissioners May 16, 2017 The regular meeting of the Ward County Commission was called to order by Chairman Louser at 9:00a.m. with Comm. Rostad, Walter, and Fjeldahl and Weppler present. Also present were department heads: Dana Larsen, Ryan Kamrowski, Leona Lochthowe, John Crosby, Bob Barnard, Melissa Bliss, Mark Schrader, Betty Braun, Roza Larson, Kerianne Tyler, Derrill Fick, Amanda Schooling, and Devra Smestad. Moved by Comm. Weppler, seconded by Comm. Fjeldahl, to approve the agenda with additions. Roll Call: all voted yes; motion carried. Moved by Comm. Rostad, seconded by Comm. Walter, to approve minutes from May 02, 2017 meeting. Roll Call: all voted yes; motion carried. Auditor/Treasurer Devra Smestad presented the bills. Moved by Comm. Weppler, seconded by Comm. Walter, to approve Regular bills totaling $3,111, and Social Services bills of $8, Roll Call: all voted yes; motion carried. Ryan Hochbrunn appeared from A&P with update on the jail progress: Lower level-ceramic tile is being laid; mechanical and electrical are 75% completed and carpet will soon be installed. First and second levels: framing and drywall is completed, 50 cells have been sprayed, ceilings are being installed and plumbing is 95% complete. Third and fourth floors: Rough-ins are 75% complete, furniture is set in cells. Metal framing and dry walls are in progress. Store front of jail: last of the panels are precast and crew is working on the punch list items. Landscaping will start soon and total jail progress is 75% completed. Hochbrunn presented CO 037 for $16, for additional data drops in the dayrooms: Moved by Weppler, seconded by Comm. Walter approve CO 037 for $16, All voted yes, motion carried. Courthouse progress Punch list is completed. Boiler and heat pump systems are being flushed today. There are a few outlet changes to be finished in the State s Attorney s new area. Eric Hoffer presented bids for the abatement and new carpet in the old State s Attorney s area. 1

2 Moved by Walter, seconded by Comm. Weppler, award the abatement to Total Control Inc. for $7, All voted yes, motion carried. Moved by Weppler, seconded by Comm. Rostad, to approve the carpet bid for $13, for both area A and B as per map. All voted yes, motion carried. Moved by Walter, seconded by Comm. Weppler, to open the Public Hearing at 9:21 a.m. regarding the two moving permits for John Pitner and Dave Pitner. Roll Call: all voted yes, motion carried. Leo Schmidt, Ward County Building Inspector has inspected both homes and recommends moving permits for both homes. John Pitner is moving a three bedroom, two bath home from TH AVE SW, Minot to 367 North Rice Lake Road, Douglas, ND. Paul Pitner is moving a three bedroom one bathroom dwelling from RD St SE. Minot to 98 Rice Lake Road, Douglas, ND. No one appeared against either moving permits. Moved by Comm. Walter, seconded by Comm. Weppler, to close public meeting at 9:31 a.m. Moved by Comm.Weppler, seconded by Comm. Rostad, to approve both moving permits for Dave and John Pitner. Roll call; all voted yes, motion carried. Sheriff Bob Barnard presented the STOP Domestic Violence Grant. Moved by Comm. Fjeldahl, seconded by Comm. Walter, to approve the STOP GRANT. Roll call; all voted yes, motion carried. Travis Schmit, appeared for Ward County Planning and Zoning, for plat approval : 1. Application for plat approval by Todd Hillestadfor the following described property: Sandy Beach Addition, Lot 2, Block 1, Rice Lake Section , Rice Lake Township; also known as 134 South Rice Lake Road, Douglas, ND This application is for a variance application to allow a garage to be built 3 feet 10 inches and 26 inches from the southern property line and 36 inches from the east property line. Chapter 2, G of the Ward County Zoning Ordinance states that all lots adjoining the lake shall have a minimum setback, for all new or moved on structures, of 18 feet from the road right-of-way line. Chapter 3, Article 15 of the Ward County Zoning Ordinance states that the minimum width of either side yard must be 10% of lot width. The Ward County Planning Commission recommended that the variance be approved because the garage would otherwise block the ingress and egress to the existing structure. According to Mr. 2

3 Hillestad, this is the only placement for the garage as otherwise it would block door access, and there has to be a door that is directly accessible to the outside and not through the garage. Moved by Comm. Fjeldahl, seconded by Comm. Rostad to approve plat for Todd Hillestad, Motion withdrawn due to Rice Lake variance requirements. Moved by Comm. Fjeldahl, seconded by Comm. Rostad, for Matt Gaynor of Future Builders and homeowner, Todd Hillestad to come back to the June 06, 2017 Commissioner meeting with a revised plat drawing with a minimum fire approval setback on the eastside property line. Roll call: all voted yes, Motion carried. Moved by Comm. Fjeldahl, seconded by Comm. Walter to bring to table the plot application submitted by Mr. John Pietsch at the May 02, 2017 which had previously been tabled by the Commissioners. States Attorney Roza Larson presented ND Century Code : For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to section and chapter , the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes. The board of county commissioners and a county zoning commission shall state the grounds upon which any request for zoning amendment or variance is approved or disproved, and written findings upon the decision is based must be included within the records of the board or commission. ND Century Code : Object of regulations: These regulations shall be made in accordance with a comprehensive plan and designed for any or all of the following purposes: 1. To protect and guide the development of nonurban areas. 2. To provide for emergency management. 3. To regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures, the height, number of stories, and size of buildings and structures, the percentage of lot that may be occupied, the size of courts, yards, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. 4. To lessen governmental expenditures. 5. To conserve and develop natural resources. These regulations shall be made with a reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses. The comprehensive plan shall 3

4 be a statement in documented text setting forth explicit goals, objectives, policies, and standards of the jurisdiction to guide public and private development within its control. Moved by Comm. Walter, seconded by Comm. Rostad to deny variance due to no hardship proven by Mr. Pietsch. Roll call: Comms. Rostad, Walter, Weppler and Chairman Louser voted yes, Comm. Fjeldahl voted no. Motion carried. Moved by Comm. Weppler, seconded by Comm. Fjledahl to allow Chairman Louser to sign Rushville Township Grade Raise bid be awarded to Excavating Inc. and Spencer Township Grade raise to Farden Construction once release of funds has been issued by the Department of Commerce. Roll call: all voted yes, Motion carried. Highway Engineer Dana Larsen appeared with an update on the In-slope Stabilization along County Road 14 (37 Th Ave) that was tabled from May 02, 2017 for more information. The cost for sheet piling and supplies needed for stabilization for at least 65 feet will cost $500,000 to a million. Larsen believes this process will cost twice as much as realigning the road which had been presented to the board at the May 02,2017 meeting. Realigning the road would include a $ ROW purchase, new pavement and dirt cost, electrical and utility lines will need to be moved, plus part of this road is currently tore up so now makes sense to fix the whole road. Moved by Comm. Rostad, seconded by Comm. Fjeldahl to purchase needed ROW for this project and Larsen to submit the rest of cost at June 06, 2017 meeting. Roll Call: All voted yes, Motion carried. Larsen also presented a proposal from Houston Engineering to assist with the vacant Planning and Zoning position for $ /mos. This temporary contract will include: Compiling packets for meetings, mail outs, Administer related zoning ordinances and regulations, assist land owners with planning and zoning concerns, and attend planning and county commission meetings. Moved by Comm. Weppler, seconded by Comm. Fjeldahl to approve the temporary contract from Houston Engineering not to exceed $ a month, until the Ward County Planning and Zoning position is filled. Roll call: all voted yes, Motion carried. 4

5 Larsen also asked the Commissioning Board if the Planning and Zoning Application due date could also be adjusted. Larson proposed the date be changed from two weeks prior, to the 15 th of the month prior to the next Planning and Zoning meeting. Moved by Comm. Rostad, seconded by Comm. Weppler to change application due date to the 15 th of the month. Roll call: all voted yes, Motion carried. Auditor Treasurer Devra Smestad appeared: Moved by Comm. Walter, seconded by Comm. Weppler, to receive and file the following correspondence: Jason Ericson- Project ROM-0300(134); First District Health Unit- Penny Hamilton Retirement; SO-Ward County Dispatch Procedure; Rice Lake Recreation- Notice of Annual Meeting; Minot Area Chamber of Commerce- Minot Economy at a Glance; Levi Ward-Complaint against The Village; Lutheran Social Services- July 16 thru April 2017; ND DOCR- Letter; US Army Corps of Engineers-Umbrella Mitigation Banking Program; Garrison Diversion Rec Comm.- Grant; Ward County Planning Commission- Public Hearing (2); SO-Monthly Report; VA- Monthly Report; Roll Call: all voted yes; Motion carried. Moved by Comm. Weppler, seconded by Comm. Rostad to and receive and file Financial Report, and Revenue Vouchers for Tax Equalization, Recorders Office and Sheriff s Office. Roll call: all voted yes, Motion carried. Moved by Comm. Weppler, seconded by Comm. Rostad, to approve the raffle permit for the Air Force Ball Fund Raising Committee. Roll call: all voted yes, Motion carried. Moved by Comm. Weppler, seconded by Comm. Fjeldahl, to approve all 5 event permits for M&S Concessions, but to deny the Ryder Star Bar and Grill due to it is not a ward County Alcohol license. Roll call: all voted yes, Motion carried. State s Attorney, Roza Larson asked for the Air Force Ball Fund Raising Committee be reconsidered. Moved by Comm. Walter, seconded by Comm. Weppler to reconsider raffle permit. Roll call; all voted yes, Motion carried. Larson stated that this permit request is not for a charitable event as the money raised is for the Air Force Ball. Moved by Comm. Walter, seconded by Comm. Weppler to deny raffle permit as money is not being used for a charitable event. Roll call; all voted yes, Motion carried. Moved by Comm. Weppler, seconded by Comm. Walter, to approve the following payroll amendments: 5

6 James Michael Cole-Soc Serv (Level 23); Ken Eris-Ext Office (Level 12); Cynthia Miller-Library (Level 12); Michael Miller- SO (Level21); Justin Vollmer-Highway (Level 27); Roll call: All voted yes, motion carried. Commissioner Fjeldahl asked that the Commissioners discuss the Executive minutes from the April 11, 2017 Executive Session. Fjeldahl requested that these minutes be made public as to help alleviate the public s questions. Moved by Comm. Fjeldahl to make Executive minutes from April 11, 2017 public. Motion died due to lack of second. With no other business, at 11:10 a.m. meeting was moved to adjourn by Commissioner Rostad. 6