August 13, 2103 The Williams County Commission reconvened this 13 th day of August 2013 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, Hanson-here, and Montgomery-here. There being a quorum, Chairman Kalil proceeded. Hanson moved Montgomery seconded approval of all bills properly vouchered, fund adjustments, and fees from the various offices of Sheriff-$ 119,316.54; Treasurer/Recorder-$86,395.80; and Auditor- $1,790.00 totaling $207,502.34. Motion carried. Hanson moved Montgomery seconded approval of the new fee schedule for the Building Department as presented by Sizemore. Motion carried. 1
Sizemore will bring an ordinance to the next meeting to rescind the RV/Camper worksite policy to take effect December 1, 2013. Aberle moved Hanson seconded authorizing Nelson to purchase license for 2 seats for Auto CAD for approximately $10,000.00. Motion carried. 2
Nelson gave a project update. Aberle moved Ramberg seconded authorization of the conditional use permit for Thomas Daniel/Northern Improvement for a temporary concrete plant located in the NE4 Section 15 T156 R98 Wheelock Township (10 +/- acres) with a haul road inspection prior to set up. Motion carried. (Thomas Daniel/Northern Improvement) Conditional use permit and zone change from agriculture to residential and commercial for Shane/Mary Moran and Jared Reed. Their intent is for a mobile home park. Montgomery moved Hanson seconded approval with the following stipulations set by Planning/Zoning of that upon approval by the State Health Department of the mobile home park a copy of all approval letters/permits; a plan of the layout of the park; engineering plans or drawings required by the State; and drainage and grading plans at the time of submittal of permits to the Building Department, with all prior documents be presented to the Planning/Zoning Department located of Highway 1804 in the NE4, SW4 and SE4NW4 Section 19 T153 R102 Trenton Township (38.99 acres). Roll call vote: Ramberg-yes, Aberle-yes, Hanson-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Shane/Mary Moran and Jared Reed) Conditional use permit renewal for temporary housing presented for Mondak Portables LLC. Hanson moved Aberle seconded approved subject to the following conditions set forth by Planning/Zoning of clean up bond being posted, third party inspection done within 90 days, provide copy of policies and procedures, provide copy of safety/security plans, approved with the current bed count with no expansion of the facility is permitted, and approved for 2 years located in the NW4 Section 2 T155 R100 Pherrin Township. Motion carried. (Mondak Portables LLC) Hanson moved Aberle seconded authorizing Planning/Zoning to inquire the future land use for conditional use permits. Roll call vote: Aberle-yes, Hansonyes, Montgomery-yes, Ramberg-yes, and Kalil-yes. Motion carried. Conditional use permit renewal for temporary housing and caretaker quarters for Jay Stetson. The area is not clean, there are more living in the barn as was stated, and extension cords running all over the place. The original permit was for 12 RV s. Stetson stated that he spoke with Pacheco and is not sure where the miscount came from and there is only one apartment in the barn for the office/caretaker. Hanson moved Ramberg seconded to table any action and have Pacheco come back to the September meeting with an inspection report located in the NW4NE4 Section 33 T156 R101 (10 acres)tyrone Township. Motion carried. (Jay Stetson) 3
Zone change from agriculture to commercial presented for Alden Hewson/Larry Johnson for the purpose of a storage yard for a pipe yard, catch tanks, pre-mix tanks, a business pick-up truck and the trailers they use to haul equipment. The property will be fenced and there will not be any buildings on site for office space or living quarters. Planning/Zoning have denied other storage pipe yards in rural areas as they are spot zoning. Hewson stated that this location will be closer to his home. Johnson stated that this would be a great service to area farmers. Hanson stated that there is need in the area and he needs more room that what he has in Alamo. Hanson moved Ramberg seconded approved subject to the following conditions set by Planning/Zoning that the property to be used for storage of equipment (pipe, catch tanks, pre-mix tanks, and trailers) related to the applicants business only, acquire access permit from County Highway, renewal of request every 2 years, request to be granted to owner of property and not transferrable to future owners, and property to be fenced with a security gate and minimal security lighting, not to be intrusive to surrounding properties or vehicular traffic located in the SW4SW4NE4 Section 28 T159 R100 Blue Ridge Township. Motion carried. (Alden Hewson/Larry Johnson) Conditional use permit for temporary pipe yard presented for Greg Quarne/Continential Resources Inc. Russell Atkins. The request is for 2 years for a staging location for bringing in pipe that will be redistributed for installation at job sites. The applicant estimates that this site will diminish truck traffic. Planning/Zoning had a tried vote so it was denied. Russell Atkins reviewed the project and they need 2.9 acres which will be fenced and 2 approaches. There will be no power at the location and the pipe will not be in the site long before it goes out again. Ramberg moved Aberle seconded approval for 2.9 acres to be fenced for the loading and unloading of pipe and storage only for a period of 2 years located in the NW4NW4 Section 8 T159 R95 Sauk Valley Township. Motion carried. (Greg Quarne/Continential Resources Inc. Russell Atkins) Conditional use permit for caretaker home, truck and trailer repair shop, break room, and other truck shop related facilities for use by Conquer Trucking presented for POR-MKR Real Estate-Pat Regan/Dow Woerner-Conquer Trucking. Dow Woerner is requesting 3 caretaker facilities but this is adding more temporary housing units. Hanson moved Montgomery seconded approval subject to the following Planning/Zoning conditions of a drainage plan to be approved by County Highway and the Building Departments, ingress/egress plan to be built to County standards, signage plan (if signage is intended) limited to one onsite sign, which shall not be taller than 20 feet and shall comply with the County s sign regulations, grading plan (at the time of submittal of building permits), lighting plan, which lighting shall not be intrusive to adjacent properties and shall be designed to illuminate downward and shall be designed in such a manner as not to obstruct or minimize the vision of traffic; shall be intended for security purposes only, paved customer and employee parking, proof of utility services, access to water and approval of state septic permit, building permits for all structures built on site, submittal of all documents to the planning department 4
prior to application of building permits, property shall be fenced, and permission to have only one family living quarter within shop located on Lot 3R Tioga Commerce Park in the NW4 Section 15 and NE4 Section 16 T156 R96 (approximately 3.28 acres) West Bank Township. Roll call vote: Hanson-yes, Montgomery-yes, Ramberg-yes, Aberle-yes, and Kalil-yes. Motion carried. (POR-MKR Real Estate-Pat Regan/Dow Woerner-Conquer Trucking. Dow Woerner) Conditional use permit for industrial water depot presented for Glenn Solberg. Hanson moved Aberle seconded approval located in the NW4 Section 9 T158 R100 (146.8 acres) Winner Township. Motion carried. (Glenn Solberg) Conditional use permit presented for Thomas Petroleum/Shawn Brooke /Black Gold Logistics for the installation of four 50,000 gallon storage tanks for diesel fuel and construction of two modular buildings for office space. The property will be lighted, fenced, and have a gravel yard. The applicant has stated that there will not be anyone living on site, no customers and there will be 3-4 employees on site with 30+ trucks coming in and out of the facility on a daily basis. Montgomery moved Aberle seconded approval subject to the following Planning/Zoning conditions of fencing property with a security entrance gate and security lighting; all existing and proposed easements on this property should be shown on the minor subdivision plat, especially those related to gas lines; signage plan (if signage is intended) limited to one onsite sign, which shall not be taller than 20 feet and shall comply with the County s sign regulations, grading plan; lighting plan, which lighting shall not be intrusive to adjacent properties and shall be designed to illuminate downward and shall be designed in such a manner as not to obstruct or minimize the vision of traffic; shall be intended for security purposes only; paved customer and employee parking; proof of utility services, access to water and approval of state septic permit; building permits for all structures built on site; submittal of all documents to the planning department prior to application of building permits; property should be fenced; and proof of compliance with state and federal regulations (copies of permits or letters of approval) located in the N2SE4 Section 23 T154 R102 (6.277 acres) Judson Township. Motion carried. (Thomas Petroleum/Shawn Brooke /Black Gold Logistics) The Commission authorized Pacheco to proceed with temporary housing regulations with checklist and contract to maintain consistency. Discussion was held on a suspension for major subdivision to allow the Planning/Zoning Department time to catch up and re-do the current ordinances/and zoning. An ad hoc committee will be set up to help revise the current ordinances. Montgomery moved Aberle seconded to approve the temporary suspension on applications for new or modifications to existing major subdivisions and applications for zone changes for the purpose of creating and/or developing major subdivision from September 10 2013 through February 28 5
2014. Roll call vote: Montgomery-yes, Ramberg-yes, Aberle-yes, Hanson-yes, and Kalil-yes. Motion carried. Pacheco will publish for the public hearings. The Commission took a 5 minute break. The final plat for Windsong Country Estates was submitted. Mike Dolbee reviewed the progress of the development, stated that they have fulfilled all the requirements set forth by the Planning/Zoning Department. Pat Beebe spoke on the design issues and forwarded them on the Ackerman-Estvold for review. The hydrology study has been completed to the County standards, but there are a few things that need to be corrected before moving on. Prout stated that they need to post a performance bond. The funds are at American State Bank, but the County needs some type of guarantee for a period of one year. The proposed idea of a lien on the property similar to what the City of Williston does was discussed. This action protects the County. There are items missing from the developers agreement. Cymbaluk stated that the City of Williston requires a cash bond, irrevocable letter of agreement, lien against the property (which are all in the developers agreement), proof of funding (in this case from ASB) which needs to be assigned to the County. The funds can only be cashed out and paid only for the infrastructure of the development. Motion from the December 2012 minutes read by Innis. Pacheco stated that the Commission has two choices of to approve what has been presented by Dolbee or to get a third opinion on the hydrology/performance bond. Nelson stated that Beebe sent out a recommendation on the hydrology report, but Dolbee has their own engineers that have their own opinions and recommendations. Kalil stated that the County needs a cash and financial guarantee. Prout stated that the County needs some type of letter of credit. Dolbee stated that the money is in the bank, which will pay the bills to assure the project is completed. Montgomery moved Aberle seconded authorizing the Chairman to sign the final plat for Windsong Country Estates contingent that everything has been completed and submitted and authorize the Chairman to sign the developers agreement and Dolbee obtain a letter from the bank for financial guarantee. Roll call vote: Ramberg-yes, Aberleyes, Hanson-yes, Montgomery-yes, and Kalil-yes. Motion carried. (Windsong Country Estates) John Weyrauch, Chris Cove Inn present to answer questions concerning his violations as stated in a letter sent from the Planning/Zoning Department. The violations of RV s on part of the property. Weyrauch stated that one the units are not occupied and he assumed he was grandfathered in as he spoke with Loomer and Ryan in August 2010. They stated that there were no permits required. Weyrauch lives at the residence. Planning/Zoning will check to see if a RV license was ever issued by the State. Weyrauch will also do more investigation with the State Health Department and report back to the Planning/Zoning Department with his findings. Discussion was held on the non-payment of temporary housing fees. 6
Hanson moved Montgomery seconded authorizing the Chairman to sign the Western ND Corrections Scope of Service Agreement with ICON. Motion carried. Montgomery moved Aberle seconded approval of the duplicate warrant request for Dan Kalil in the amount of $122.40. Roll call vote: Aberle-yes, Hanson-yes, Montgomery-yes, Ramberg-yes, and Kalil-abstained. Motion carried. Aberle moved Ramberg seconded acceptance of the Auditor s monthly reports. Motion carried. Montgomery moved Aberle approval of the assessor s error for Gerald Wells etux Hi-Land Heights 3 rd Subdivision Lot 4 Block 2 to the City of Williston as the residential and commercial values were switched when keying. Motion carried. Hanson moved Aberle seconded the adoption and authorizing the Chairman to sign the Title VI and Title VII policy. Motion carried. (Complete copy on file in Auditor s/hr Departments) Askim and Montgomery will work on a new County issued cell phones and cell phone reimbursement policy. Sizemore presented an appeal for Sidewinder Drilling. Hanson moved Aberle seconded authorization for 2 years until September 15 2014, provide proof of building permits, and those without issue a cease and desist order. Motion carried. Boyer reported that the ND State Water Commission will provide GIS data so it will be available statewide and grants will be available in the future. Aberle moved Hanson seconded authorizing Boyer to proceed. Motion carried. Hallesy stated that there was a Homeland Security federal audit and they were satisfied. There being no further business the meeting adjourned at 11:47 AM. 7