OFFICIAL PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MCKENZIE COUNTY, NORTH DAKOTA. May 7, 2013

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1 OFFICIAL PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MCKENZIE COUNTY, NORTH DAKOTA May 7, 2013 The Board of Commissioners of McKenzie County, North Dakota met at the Courthouse in Watford City, North Dakota on May 7, Present: Ron Anderson, Richard Cayko, Roger Chinn, Rick Lawlar, Doug Nordby, Auditor Svihovec and Deputy Auditor Wold. Chairman Anderson called the meeting to order at 9:00 a.m. Treasurer Grantier presented the treasurer s report. Grantier along with Stacy Arnegard updated the commission on the Tobacco Gardens playground equipment project. Moved by Nordby, seconded by Lawlar to accept the treasurer s report, minutes and bills as presented. All voting aye, motion carried. Moved by Lawlar, seconded by Chinn to trade the 2011 Ford Crew Cab in on the purchase a new vehicle for the Cartwright shop in the amount of $22, from Ryan Motors. All voting aye, motion carried. Commissioner Cayko arrived at 9:10 a.m. Emergency Manager Samuelson presented a proposed burn ban for McKenzie County. EMERGENCY DECLARATION BURN BAN PROCLAMATION MCKENZIE COUNTY, NORTH DAKOTA WHEREAS, MCKENZIE County, North Dakota is under abnormally dry conditions; and WHEREAS, MCKENZIE County has either sustained or been threatened with rural fires as of this date; and WHEREAS, all available resources remain committed to protecting life and property; and WHEREAS, the impact of fires could threaten the health, well-being, and safety of citizens in MCKENZIE County; and WHEREAS, the cost of response and the inordinate equipment wear may be far in excess of available County resources; NOW, THEREFORE, BE IT RESOLVED, that the Board of MCKENZIE County Commissioners declares an emergency and proclaims a Burn Ban for MCKENZIE County, North Dakota effective immediately during times when the North Dakota Rangeland Fire Danger Index is in the High, Very High or Extreme Index for McKenzie County and to remain in effect until further notice. ANY INDIVIDUAL WHO WILLFULLY VIOLATES THIS BURN BAN IS GUILTY OF A CLASS B MISDEMEANOR. BE IT FURTHER RESOLVED that this ban is applied to all open burning of any outdoor fire that may create a public safety hazard, including but not limited to: 241

2 Barrel burning commonly referred to as garbage burning Campfires Chimineas Cooking fires (barbeque grills and pits) Fire pits Fire rings Patio heaters Prescribed burns commonly referred to as controlled burns Fireworks (except for professional commercial fireworks displays) Smoking (cigarettes, cigars, etc): Use ashtrays and proper disposal containers Welders or cutting torches unless the user has on hand adequate fire suppression equipment Charcoal grills Open Burning does not include: Fireplaces within buildings Gas grills Fire training by professionally trained and authorized personnel Citizens are requested to follow their users manuals and manufacturer information as well as taking safety precautions such as having an appropriate fire extinguisher, water and shovel available. The North Dakota Rural Fire Danger Guide is posted on the North Dakota Division of Emergency Services website: or residents can contact the Sheriff s Department. Effective May 7, 2013, an individual who willfully violates this burning ban is guilty of a class B misdemeanor, which is punishable by a maximum of thirty days imprisonment, or a fine of one thousand dollars ($1,000.00), or both. DATED at Watford City, North Dakota this 7th day of May, Moved by Chinn, seconded by Nordby to approve the burn ban as presented by Samuelson. Cayko voting nay, motion carried. Cordell Wold presented a letter on behalf of Emanuel Stroh, McKenzie Bay Marine Club requesting assistance with paving the road into the McKenzie Bay Recreation Area. No action was taken on this request at this time. Recorder Johnsrud and Treasurer Grantier on behalf of the Courthouse employees requested July 5 th as a paid holiday. Recorder Johnsrud presented Information Systems Corporation s proposal for approximately $475, to have the Court, Superintendent of Schools, Treasurer and Auditor records digitized. This request was tabled. Bids were opened for excess landfill equipment. Moved by Nordby, and seconded by Cayko to award the bid for the 1973 Ford 755 Backhoe to Craig Kieson in 242

3 the amount of $3, All voting aye, motion carried. There were no bids received on the F Caterpillar. Landfill Manager Schreiber presented proposals for drilling monitoring wells, a scale house and soil surveys at the landfill. Moved by Chinn and seconded by Lawlar to accept the proposal from Satellite Shelters, Inc. for the scale house in the amount of $87, with an additional cost of $2, for a steel roof, the proposal from Interstate Drilling for the drilling of monitoring wells in the amount of $45, and Prairie Soil Consulting for the soil survey in the amount of $9, All voting aye, motion carried. Schreiber also presented a report on landfill activity. Filter socks remain to be an issue. Moved by Nordby, seconded by Cayko to increase the fine to $1, per filter sock. Lawlar voting nay, motion carried. The Board of Commissioners recessed to the County Park Board at 10:00 a.m., reconvening at 10:30 a.m. Moved by Chinn, seconded by Lawlar to approve McKenzie County Grazing Association s request to retain an additional 25% of the grazing fees for conservation projects for All voting aye, motion carried. Fuel bids were opened at 10:30 a.m. Moved by Chinn, seconded by Lawlar to award the fuel bid to Farmers Union Oil for all fuels at all locations. All voting aye, motion carried. Moved by Nordby, seconded by Cayko to approve the funding request to replace the gas pump and repair the fish cleaning station septic system at Tobacco Gardens. All voting aye, motion carried. The following bids were reviewed and awarded from the April 8 & 19, 2013 bid openings. Moved by Chinn, seconded by Nordby to table the Law Enforcement Remodel Security System bid. All voting aye, motion carried. Moved by Cayko, seconded by Chinn to accept Mayo Construction Co. Inc s bid in the amount of $2,272, for Route 50; Plote Constructions bid in the amount of $11,921, for Route 16 Phase II and Alexandria Gravel Projects bid in the amount of $1,792, for Gravel Project 1. All voting aye, motion carried. Only one bid was received for cutting edges, the bid bond was not attached therefore the project will be rebid. Moved by Cayko, seconded by Lawlar to award the riveted metal culvert bid to True North Steel and to award the gravel & scoria crushing bids to Gravel Products Inc. 243

4 All voting aye, motion carried. It was agreed that Sundre Sand and Gravel will be used if Gravel Products is not available. Moved by Lawlar, seconded by Cayko to accept the RDO bid for 14 motor graders with a trade-in allowance of $3,542, and a net bid of $448, All voting aye, motion carried. Discussed land acquisition for Watford City county shop. Moved by Anderson, seconded by Nordby to approve the request for July 5, 2013 as a paid holiday. Voting aye: Anderson, Cayko, Lawlar and Nordby; voting nay: Chinn, motion carried. Moved by Chinn, seconded by Nordby to approve the tax abatement application submitted by Stacy Simonson for Lot 5 Block 2 of 3 rd Addition to Watford. All voting aye, motion carried. Chairman Anderson reviewed the status of the beer & liquor license policy and approach permit policy. Moved by Nordby, seconded by Chinn to accept a proposal from Foley Brothers LLC in the amount of $30, to add an entry addition to the Water Resource/storage building. All voting aye, motion carried. Moved by Cayko, seconded by Chinn to approve the name change on the liquor license previously issued to Jason P. Remington to be issued to Grindstone Beer Co. LLC. All voting aye, motion carried. The motion from the May 7, 2013 public hearing addressing zoning ordinances was read and discussed. Moved by Commissioner Lawlar, seconded by Commissioner Cayko to amend Article II: General Provisions Section 2.1 (2) to read as follows: The minimum setback for structures on U.S. Highway 85 and all other state highways shall be one hundred fifty (150) feet from the center of the road. Roll call vote: Anderson aye, Cayko aye, Chinn nay, Lawlar aye, Nordby aye. Motion carried. Moved by Chinn, seconded by Cayko to send a letter to the Dickinson Division of the North Dakota Department of Transportation addressing safety concerns with HWY 85 south of Watford City. All voting aye, motion carried. Moved by Cayko, seconded by Lawlar to approve Kringen Construction as the Construction Manager for the Cartwright Shop. All voting aye, motion carried. 244

5 Discussion was held regarding a zoning joint powers agreement with Arnegard Township. The agreement was tabled for further discussion. Moved by Cayko, seconded by Lawlar to schedule a public hearing for June 18, 2013 for vacation of street and alleys in Cartwright ND described as a portion of Third Avenue located West of County Road 16 and South of State Highway 200, the east half of Hup Street between 2nd Avenue and State Highway 200, and the 20 foot wide alley contained within Block 3 and vacation of a street in the former townsite of East Fairview ND described as Fourth (4th) Street located south of Lots 2, 3 and vacated alley Block 2 of Corbett's First Addition to East Fairview, ND; and north of Lots 1, 11 and vacated alley of Block 3 of Corbett's First Addition to East Fairview, ND. All voting aye, motion carried. Moved by Lawlar, seconded by Nordby to approve right of way easements from Reservation Telephone Cooperative in IT 1365 PT NW1/4SW1/4 and ITs 496 & 1637 PT Lot 1. All voting aye, motion carried. The Commission approved Sherri Lervick s request to place a gate on the section line road north of Jerome Lervick s between 131 st Ave and 132 nd Ave. Following lunch break the Public Hearings began at 1:00 p.m. No opposition was voiced on the four agenda items. Moved by Nordby, seconded by Lawlar to approve to publish resolution for the BDR Star Subdivision. All voting aye, motion carried. Moved by Cayko, seconded by Nordby to publish resolution for the Westwood Business Park Subdivision. All voting aye, motion carried. Moved by Cayko, seconded by Lawlar to publish resolution for the Northwood Business Park Subdivision. All voting aye, motion carried. Moved by Lawlar, seconded by Chinn to close the section line between Sections 11 & 14, Township 149 North, Range 98 West beginning feet west of the intersection of Sections 11, 12, 13, 14, Township 149 North, Range 98 West, of the Fifth Principal Meridian, said section line, and thence west feet with 33 feet in width on each side of the centerline of each section to a point ending feet west of said section line. All voting aye, motion carried. Moved by Cayko, seconded by Lawlar to approve preliminary plats as presented for McKenzie Ridge Subdivision, Dakota Meadows Subdivision phase III, Saddle Ridge Subdivision, Misty Hills Subdivision, Starlight Subdivision, Moonlight Subdivision, Rakken Arrow Subdivision and Rolling Hills Village Subdivision with the public hearings to be scheduled for June 4, 2013 beginning at 1:00 p.m. Moved by Cayko, seconded by Nordby to approve the Planning & Zoning Department to purchase a HP Elite tablet in the amount of $1, All voting aye, motion carried. 245

6 Daryl Flagen presented a proposal for the expansion of the East Fairview wastewater treatment plant. Moved by Cayko, seconded by Lawlar to approve the proposal from Interstate Engineering to complete the preliminary engineering report for the expansion of the East Fairview wastewater treatment plant in the amount of $20, All voting aye, motion carried. Tax Director Lovaas presented a comparison on temporary housing fees: she proposed setting the temporary housing fee as $1.50/square foot. Moved by Nordby, seconded by Lawlar to change the temporary housing fee from $ per bed to $1.50 per square foot. All voting aye, motion carried. Jane Witheridge, Tervita, requested that the Board not hold a special election for the public to approve or not approve the Tervita Oilfield Waste Landfill facility. Moved by Nordby, seconded by Cayko that a special election will not be held on the Tervita Oilfield Waste Landfill Blue Buttes facility. Voting aye Cayko, Chinn, Lawlar and Nordby; voting nay- Anderson. Motion carried. The Commission scheduled a meeting for June 18, 2013 beginning at 1:00 p.m. in the Commission Room at the Courthouse. Chairman Anderson reported on the Arnegard Lagoon which has been turned over to a private individual. Mike Dollinger gave a road and bridge department update. Moved by Cayko, seconded by Lawlar to reduce the speed limit to 35 mph and to post rough road signs on Route 38. All voting aye, motion carried. Moved by Lawlar, seconded by Nordby to post 25 mph speed limit signs on 125 th Ave from the by-pass to the junction of County 37 and from Hwy 85 to ¼ mile past Carol Freed s residence. All voting aye, motion carried. Lloyd Clock and John Fulwider reported on Sheriff Department activities including towing services and the amount of time spent responding to accidents on State Highways. Clock reported that the Watford City Fire Department had pagers that are outdated and could not be programmed. Moved by Cayko, seconded by Chinn to approve purchasing replacement pagers for fire districts and ambulances. Motion carried. Steve Holen requested consideration for the crushed asphalt from the Route 50 project to be used for the parking lot north of the elementary school. Discussion was held on reimbursement for the commissioners and their wives over the age of 65 who do not qualify for the current Blue Cross Blue Shield insurance policy. Moved by Cayko, seconded by Nordby that the Commissioners would be reimbursed for actual expense of health insurance premiums with a maximum of 85% of the cost of a family policy with the county. All voting aye, motion carried. 246

7 Numerous members of the McKenzie County Emergency Responders presented the need for an emergency service building and discussed the currently implemented zoning check list. Mayor Sanford presented the proposal and funding request for the emergency services building which will be located north of the post office. Moved by Nordby, seconded by Lawlar to join the project in the amount of $600, All voting aye, motion carried. Discussion was held with State s Attorney Johnson on the current workload and the need for an intermittent position in his office. The request for comment on chambering two additional judges in the Northwest Judicial district was discussed. It was agreed that the county would take a neutral position on the issue. Johnson will convey the county s position to the ND Supreme Court office. The meeting recessed at 5:30 p.m. until the 3:00 p.m. May 9, 2013 meeting. May 9, 2013 The Board of Commissioners of McKenzie County, North Dakota met at the Courthouse in Watford City, North Dakota on May 9, Present: Ron Anderson, Richard Cayko, Roger Chinn, Rick Lawlar, Doug Nordby, Auditor Svihovec and Deputy Auditor Wold. Chairman Anderson called the meeting to order at 3:15 p.m. Todd Mitzel, ICON Architectural Group presented several layout plans for the Courthouse expansion project with several members of his office participating via telephone. After reviewing the plans the Commissioners agreed that Concept 2 is the desired plan. Following a short break, Chairman Anderson opened the grievance hearings at 5:03 p.m. Joining the hearings were Dale Patten, State s Attorney Johnson, and Planner Hadley. Justin Hughes, Nilles Law Firm, representing Northwood Enterprises presented a grievance with Section 3.4 Agricultural Districts under Article II: Districts. When the Longview Subdivision plat was recorded it stated multi-family homes were being proposed in the subdivision. Mr. Hughes requested to have multi-family units allowed in the agricultural district if there was an approved recorded plat prior to the adoption of zoning. He also requested an agreement with the parties that the development currently in place would be allowed to continue. With no further discussion this portion of the hearing closed at 5:53 p.m. Commissioner Lawlar excused himself from the hearing due to prior commitments. 247

8 Bernie Biegler, representing Big Mountain Homes presented his grievance with Section 3.4 County Zoning Map under Article III: Districts. Mr. Biegler requested a zoning map change from agricultural to general commercial/industrial on Lot 13 SWSW Section 17 T150N R99W. His intentions are to have a commercial mobile home sales business at that location. With no further discussion this portion of the hearing closed at 6:13 p.m. Mike Durbee, Colwell Banker, representing Great Plains Outdoor Advertising presented a grievance with Section 4.4 Signs and Advertising in Article IV: Special Provision. Mr. Durbee requested review and revision of this section with input from the sign industry. Mr. Patten, Chairman of the planning and zoning commission recognized that more work could be done on that section of the ordinance. With no further discussion this portion of the hearing closed at 6:30 p.m. Chairman Anderson opened up the hearing for discussion on the above heard grievances: Moved by Cayko and seconded by Nordby to deny the relief requested by Northwood Enterprises in the filed appeal regarding agricultural districts under Article II: Districts. Roll call vote was taken: Anderson - aye; Cayko - aye; Chinn aye; Lawlar absent; Nordby aye; motion carried. Moved by Nordby and seconded by Anderson to deny the relief requested by Mr. Biegler in the filed appeal regarding changing the comprehensive and zoning map from agricultural to general commercial/industrial in Lot 13 SWSW Section 17 T150N R99W. Roll call vote was taken: Anderson aye; Cayko nay; Chinn nay; Lawlar absent; Nordby aye. Motion died for lack of a majority. Moved by Chinn and seconded by Cayko to approve changing the comprehensive and zoning map designation on Lot 13 SWSW Section 17 T150N R99W to general commercial/industrial. Roll call vote was taken: Anderson nay; Cayko aye; Chinn aye; Lawlar absent; Nordby nay. Motion died for lack of a majority. Discussion on this grievance was tabled until the June 4, 2013 Commission meeting. Moved by Cayko and seconded by Anderson to deny relief sought by Mr. Warner in the grievance filed regarding Section 4.4 Signs and Advertising in Article IV: Special Provision. Roll call vote was taken: Anderson aye; Cayko aye; Chinn aye; Lawlar absent; Nordby aye. Motion carried. The meeting adjourned at 7:45 p.m. 248

9 May 29, 2013 The Board of Commissioners of McKenzie County, North Dakota met at the Courthouse in Watford City, North Dakota on May 29, Present: Ron Anderson, Richard Cayko, Roger Chinn and Rick Lawlar, Auditor Svihovec and Deputy Auditor Wold. Chairman Anderson called the meeting to order at 9:00 a.m. Commissioner Nordby was contacted via telephone to discuss the Northwest Judicial District Judgeship Chambers and possible locations. Moved by Commissioner Chinn and seconded by Commissioner Cayko to approve the following resolution: NORTHWEST JUDICIAL DISTRICT JUDGESHIP CHAMBERS WHEREAS, MCKENZIE County, North Dakota has seen dramatic population growth and with this an increased caseload for the Northwest Judicial District Court; and WHEREAS, Watford City, North Dakota is the county seat which is the approximate center of the southern portion of the Northwest Judicial District with excellent travel access from surrounding communities; and WHEREAS, McKenzie County Courthouse currently has court facilities that meet or exceed the Court Facility Standards with an expansion to the courthouse being designed. WHEREAS, McKenzie County Law Enforcement and District Court have existing service contracts/agreements in place with city and neighboring counties for services. THEREFORE BE IT RESOLVED, the McKenzie County Commissioner respectfully request the new judgeship be chambered in the County Seat of Watford City, McKenzie County, North Dakota. All voting aye, motion carried. The telephone call with Commissioner Nordby ended. The public works administrator, Suhail Kanwar was introduced. Individuals from the water department, road and bridge department, landfill, planning and zoning and job development all gave a brief outline of department s activities. Discussion was held on the direction of the public works administrator. Following a break Heidi Brenna, ICON and individuals from Kringen Construction visited with the commission regarding the construction of the Cartwright shop. The meeting adjourned at 12:30 p.m. 249