OFFICIAL PROCEEDINGS DUNN COUNTY BOARD OF COUNTY COMMISSIONERS April 15, 2015 MEMBERS PRESENT: Commissioners Hauck, Scott, Kleemann, Pelton and Dukart OTHERS PRESENT: Pat Merriman, Mike Zimmerman, Darrin Schaeffer, Justin Hyndman, Fil Askerlund, Jeremy Wood, John Zumwalt and Dave Leftwich. The meeting was called to order by Chairman Hauck at 9:00 a.m. Fil Askerlund, Epic Engineering, appeared to report on the South Heart Road Project. Construction on Phase 2 commenced today on the slide area and will progress from North to South. Construction meetings will be held on Thursday s at 10:00 a.m. at the site. There will be approximately three miles in construction at a time with a pilot car being utilized. Justin Hyndman, KLJ, appeared to report on the Little Knife Mitigation Scour Hole Project. Mr. Hyndman presented Technical Memorandum No. 1, Revision 7 Final for the EPA portion of the project. The memorandum outlines the monitoring phase of the project. KLJ will submit annual monitoring reports to the EPA by November 1 st of each year. The County will have Diane Allmendinger, Weed Board Officer inspect the site for noxious weeds. Mr. Hyndman will address any requirements or a pre-approved plan from the EPA for mitigating the presence of noxious weeds. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to approve the Final Review and Acceptance Letter with Crow River Construction, LLC on the Scour Hole Project. All voted aye, and the motion carried. Darrin Schaeffer, Bartlett & West, appeared to report on the projects his firm is working on. Discussed the change order to widen Wannemacher Road Phase 1 and option for 4 of aggregate surfacing at a cost of $1,501,139.70. The option for 6 of aggregate surfacing is at a cost of $2,024,626.50. Motion by Commissioner Scott, 2 nd by Commissioner Pelton, to proceed with the 4 of surfacing. All voted aye, and the motion carried. Jeremy Wood and John Zumwalt of Northern Plains Engineering, appeared to report on the projects their firm is working on. Gas Plant/Tank Battery Road is scheduled for a May 20 th bid opening. 28 th Street construction is expected to commence in late April. The Lynch Box Culvert Project is anticipated to begin in June. Mr. Wood will look into speed limit posting on the Little Missouri Bay Road. Road Superintendent Zimmerman reported that NDDOT will participate with ER funds on the failed slide area on the Little Missouri Bay Road. Mr. Wood stated that geotechnical analysis should be done. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to have Engineer Wood work on the engineering on the Little Missouri Bay Road slide area. All Commissioners voted aye, and the motion carried.
Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to authorize the Chairman to sign the DOT maintenance agreement on the South Heart Road Phase 1. All voted aye, and the motion carried. Motion by Commissioner Dukart, 2 nd by Commissioner Pelton, to approve the utility permits. All voted aye, and the motion carried. At 10:00 a.m. per call for bids the following bids were opened on the Houghton Road [CP-13(14)03]: 24/7 Contracting Services $724,160.55 Edward H. Schwartz Construction $586,867.15 Meyer Contracting, Inc. $645,390.60 Dennis Drewes Inc. $529,361.90 J. Koski Co. $614,508.75 Central Specialties Inc. $591,651.75 Martin Construction Inc. $510,420.00 JR Civil $665,448.05 Gratech Company $611,023.42 Per call for bids, the following bids were opened on the 25 th St & 106 th Ave Intersection [CP -13(15)02]: Gratech Company $504,816.55 Martin Construction, Inc $362,084.00 Edward H. Schwartz, Inc. $384,041.90 24/7 Contracting Services, LLC $494,952.61 Hlebechuk Construction Inc. $457,541.44 Central Specialities, Inc. $500,232.87 J. Koski Co. $440,486.89 Park Construction Company $882,791.35 Engineer Wood and Mr. Zumwalt will tabulate the bids and report back to the Commission later in the meeting. Road Superintendent Zimmerman reported on the benefits of a product called Surfactant which would be mixed in with our mag chloride. Motion by Commissioner Pelton, 2 nd by Commissioner Dukart, to authorize the cost and practice of adding Surfactant to Mag Chloride. All voted aye, and the motion carried. Due to the present fire danger the road department will keep the water trucks filled when parked at night. Sandy Rohde, Code Administrator, appeared to present the following Planning and Zoning applications that were approved at the April 14 th hearing: Stacy & John Bang - Conditional Use Permit for equipment and materials storage located in the NE4 29-145-95.
Mike Wald, representing 701 Water, LLC - Conditional Use Permit for a water depot with up to ten frac tanks located in the SE4 of 7-145-94. Tim & Fayleen Fischer Preliminary Plat for a residential subdivision located in the SE4 of 30-145-96. David Cassel, representing ONEOK Rockies Midstream LLC Text Amendment to Dunn County s Land Development Code. The Text Amendment would add Refinery/Processing plant to Table 1 and defined as an industrial plant which separates and/or converts crude oil and/or natural gas into petroleum products such as diesel, gasoline, heating oils, pipeline quality natural gas and hydrocarbon liquids and other by-products. David Cassel and Jeff Hammond, representing ONEOK Rockies Midstream LLC Conditional Use Permit for a Refinery/Processing Plant located in the NE4 of 28-146-95. Motion by Commissioner Dukart, 2 nd by Commissioner Pelton, to approve the applications as presented. Upon roll call vote, all voted aye, and the motion carried. The Commission discussed possible future maintenance of the cemetery which is platted on the Gene Jackson Plat Subdivision. Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to approve the plat with the condition that a Homeowners Association be created to address cemetery maintenance. Upon roll call vote Commissioners Scott, Pelton, Dukart and Hauck voted aye. Commissioner Kleemann voted nay. The motion carried. Becky Buchmann, County Extension Agent, appeared to report on the activities of the Extension Office. Ms. Buchmann informed the Commission that she will be co-chairing the Livestock Program Planning Team for the State. Ms. Buchmann also noted that Dunn County is one of thirty sites in the United States to participate in a table top exercise for handling livestock emergencies at county fairs. The exercise will be held on June 18 th at 10:00 a.m. at the Killdeer Ambulance Hall. NDSU researchers in Range Science and Soil Science are looking for access to land to collect data on dust impacts in the Bakken region. The Researchers are looking for landowners and tenants interested in one or more of the following projects: Dust effects on plant productivity Dust effects on harvest yield Dust and livestock health All data will be recorded and used in an anonymous way. For more information or to volunteer contact the Extension Office. Commissioner Dukart updated the Commission on legislation affecting funding for counties. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to remove from the table discussion on the 60% text amendment to the Dunn County Ordinance. The motion carried. Derrick Braaten of Baumstark Braaten Law Partners, Bismarck, appeared on behalf of supporters of the 60% rule. Mr. Braaten presented information and his legal opinion in support of the text amendment. Pat Merriman, States Attorney addressed the constitutionality and the ambiguous language
of the text amendment. Mr. Merriman reiterated that the decision to approve or disapprove a conditional use permit lies with Planning and Zoning and ultimately the County Commission. The Commission heard comments from several supporters of the text amendment. Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to approve the 60% text amendment. Upon roll call vote: Commissioners Kleemann and Hauck voted aye. Commissioners Scott, Pelton and Dukart voted nay. The motion failed. Joe Wanner, David Sickler and Leo Stein, representing Gladstone Fire District appeared to discuss their fire department building project and request support of $50,000 from Dunn County to help with construction. Gladstone Fire District covers approximately 34,000 acres in Dunn County. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to approve $50,000 out of the Capital Projects fund for the Gladstone Fire District construction project. Upon roll call vote, All Commissioners voted aye, and the motion carried. John Zumwalt, Northern Plains Engineering, appeared with the bid tabulations on the Houghton Road [CP-13(14)03]. All bids were found to be tabulated correctly and recommended awarding the bid to Martin Construction Inc. with the low bid of $510,420. Motion by Commissioner Kleemann, 2 nd by Commissioner Pelton, to award the bid to Martin Construction Inc. Upon roll call vote, all Commissioners voted aye, and the motion carried. Mr. Zumwalt reported that the bids on the 25 th St & 106 th Ave Intersection [CP -13(15)02] were found to be tabulated correctly and recommended awarding the bid to Martin Construction Inc. with the low bid of $362,084. Motion by Commissioner Dukart, 2 nd by Commissioner Scott, to award the bid to Martin Construction Inc. Upon roll call vote, all Commissioners voted aye, and the motion carried. HR Director, Giffin appeared to inform the Commission that the NDPERS Program has been scheduled for Thursday, October 8 th at the High Plains Cultural Center. NDPERS has asked if Dunn County would open up the meeting to other entities. The cost to County would be the rental fee. The Commission was in agreement to open up the meeting to other entities. Lisa Guenther, Recorder, appeared to discuss e-recording in the Dunn County Recorder s Office. The Software module will work with the current recording program. The cost is $4397 for the module and includes the first year maintenance fee. Subsequent year s maintenance is approximately $300 per year. Motion by Commissioner Scott, 2 nd by Commissioner Kleemann, to authorize the Recorder to implement E-Recording. All Commissioners voted aye, and the motion carried. Motion to approve the burn ban with the inclusion of the $1500 fine for violations. Motion by Commissioner Pelton, 2 nd by Commissioner Kleemann, to approve. All voted aye, and the motion carried.
Motion by Commissioner Scott, 2 nd by Commissioner Dukart, to approve the vouchers. Upon roll call vote, all Commissioners voted aye, and the following vouchers were approved for payment: Paid List of Bills April 15, 2015 Commissioner's Meeting GENERAL FUND Warr# TO: FOR: AMOUNT: 169800 AccuSource Background checks $263.00 169801 American Bank Center Direct deposit charge $21.90 169802 AmeriPride Service Janitorial $438.85 169803 Balco Uniform Uniforms $7,175.35 169804 Benz Oil Co Fuel, propane $2,548.45 169805 Computer Professionals Tech support $2,038.16 169806 Country Media Publishing $1,856.27 169807 Dauer, Betsy Travel expense $10.50 169808 Electronic Communications Courthouse maintenance $315.00 169809 Halonen, Dan Uniforms $600.00 169810 Information Tech Dept Tech support $2,102.24 169811 KAAS Coroner equipment $12,719.02 169812 Kenmare One Stop Uniforms $3,300.58 169813 Killdeer, City of Utilities $83.50 169814 Klatt, David Travel expense $54.26 169815 Kohler Communications Radios $116.95 169816 Lee, Jamie Travel expense $173.80 169817 Lyle Signs Signs $39.58 169818 MDU Utilities $576.25 169819 Menards Janitorial $97.90 169820 ND CO Auditor Association Dues $200.00 169821 ND Post Board License $45.00 169822 ND State Radio Teletype and tower $120.00 169823 Nd State's Attorney Assoc Dues $450.00 169824 NDACS Dues $50.00 169825 Office of Attorney General 24-7 fees $4,316.00 169826 Prairie Auto Parts Parts $166.86 169827 R&R Auto Vehicle maintenance $106.95 169828 Redwood Toxicology 24-7 fees $75.00 169829 Rhoades, Hunter Vehicle maintenance $14.78 169830 Roshau, Tim Travel expense $825.12 169831 Service Printers Office supplies $123.30 169832 Sigloh, Danielle Uniform, supplies $319.90 169833 Simplex Grinnell Courthouse maintenance $665.00 169834 Slope Co Auditor Meals $48.00 169835 St. Joseph's Hospital Medical $249.02 169836 Streifel, Leonard Housing $109.50 169837 Sul, Tim Uniforms $139.94 169838 US Cavalry Equipment $9,395.03 169839 US Postal Service Postage $573.45 169840 Western Choice Vehicle maintenance $124.98 169910 Consolidated Telephone expense $1,602.76 169912 Farmers Union Oil Tires, repairs $925.82 169913 VISA Supplies, fuel, postage $3,806.95 169914 Manning Waterworks Utilities $247.65 169918 Roughrider Electric Utilities $1,610.00 169919 Verizon Wireless Telephone expense $1,344.14 ROAD & BRIDGE 169841 American Welding Shop supplies $21.92
169842 AmeriPride Service Office supplies $400.24 169843 Bahl, Alene Road materials $45,878.44 169844 Bartlett & West Engineering $162,714.27 169845 Basin Hydraulic Supplies, parts $515.13 169846 Benz Oil Fuel, propane $11,885.65 169847 Colonial Research Chemical Shop supplies $414.12 169848 Consolidated Telephone expense $532.36 169849 Crow River Construction Contract roadwork $26,537.42 169850 Dakota Farm Equipment Parts, repairs $125.58 169851 Dickinson Supply Parts, supplies $1,249.60 169852 Energy Systems Tools $900.55 169853 Farmers Union Oil Parts, repairs $5.98 169854 Grohs, Annette Road materials $45,878.44 169855 Halliday, City of Utilities $39.95 169856 Hedahls Supplies, parts $177.52 169857 Hinrichs Super Valu Office supplies $47.98 169858 Jay R's Auto Body Parts $21,271.15 169859 JD's Fencing Contract roadwork $6,935.80 169860 John Deere Financial Parts, repairs $55.93 169861 Killdeer, City of Utilities $121.67 169862 Kohler Communications Radios $99.00 169863 Lawson Products Shop supplies $117.04 169864 Lyle Signs Signs $724.89 169865 MAC's Shop supplies $1,561.01 169866 Manning Waterworks Utilities $40.46 169867 MDU Utilities $481.83 169868 Meyer Aggregate Road materials $228,686.40 169869 Nelson Leasing Equipment $179,174.00 169870 North Central Rental Equipment $5,550.00 169871 OK Tire Store Tires $13,119.78 169872 Polar Service Parts, repairs $605.83 169873 Prairie Auto Parts Parts $1,676.60 169874 Prairie Implement Parts, repairs $302.25 169875 Rebsom, Carol Road materials $45,878.45 169876 Respond Systems Safety supplies $54.10 169877 Road Equipment Parts, repairs $1,618.10 169878 Rockmount Research Shop supplies $336.07 169879 Roughrider Electric Utilities $731.00 169880 Schmalz, Chris Road materials $45,878.44 169881 Schmalz, David Road materials $45,878.45 169882 Schmalz, Donald Road materials $45,878.45 169883 Schmalz, Douglas Road materials $45,878.44 169884 Schmalz, James Road materials $45,878.44 169885 Schmalz, Joseph Road materials $45,878.45 169886 Selle Implement Parts $100.08 169887 St. Joseph's Clinic DOT Physical $32.38 169888 Steckler, Greg Road materials $462.00 169889 Sw Business Machines Office supplies $35.00 169890 Titan Machinery Parts, repairs $119.00 169891 Tony's Auto Repair Parts, repairs $150.95 169892 Western Choice Fuel, supplies, tools $25,675.70 169893 3D Specialties Signs $746.34 169910 Consolidated Telephone expense $149.85 169913 VISA Travel expense $639.92 169919 Verizon Wireless Telephone expense $391.07 CAPITAL PROJECT 169895 Ainsworth Benning Weed shop $175,186.00 169896 Dickinson Fire Contributions $175,000.00 169898 Electronic Communications Shop $2,676.00 169900 Halliday School Contributions $82,800.00
COUNTY AGENT 169901 Hinrichs Super Valu Supplies $30.77 169910 Consolidated Telephone expense $220.48 169913 VISA Travel, supplies $560.03 SW CO CORRECTION 169908 SW Multi Co Correction Inmate housing $15,349.66 E911 169917 NDACo Wireless 911 E911 $706.89 WEED 169894 Acme Tools Supplies $921.94 169899 Ferebee, Cliff Travel expense $141.60 169902 Jablonsky, Richard Travel expense $195.74 169904 NDDOT License $31.50 169905 NDSU Ext Pesticide Program Supplies $150.00 169906 Open Road Honda Vehicle $12,229.00 169912 Farmers Union Oil Fuel $45.03 169918 Roughrider Electric Utilities $113.00 DEM 169910 Consolidated Telephone expense $52.86 SHERIFF GRANT 169903 Motorola Solutions Equipment $8,893.33 169909 US Night Vision Equipment $5,990.00 Motion by Commissioner Dukart, 2 nd by Commissioner Kleemann, to adjourn. The meeting was adjourned at 12:23 p.m. Reinhard Hauck, Chairman Attest: Tracey Dolezal, Auditor May 6, 2015 Date