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OFFICIAL PROCEEDINGS OF THE REGULAR MEETING OF THE BOARD OF CITY COMMISSIONERS HELD OCTOBER 28, 2008, AT 7:30 P.M. AT CITY HALL IN WILLISTON, NORTH DAKOTA. 1. Roll Call of Commissioners COMMISSIONERS PRESENT: Brad Bekkedahl, Howard Klug, H. James Lawson, Brent Bogar, E. Ward Koeser COMMISSIONERS ABSENT: None OTHERS PRESENT: John Kautzman, Rick Marburger, Chief Lokken, Doug Lalim, Chief Hanson, Bob Hanson, Pete Furuseth, Kent Jarcik, Tom Rolfstad President Koeser entertained a motion to add a DOT grant relating to Law Enforcement to 9E1. MOTION BY LAWSON, 2ND BY BOGAR, to amend the agenda. MOTION CARRIED BY VOICE VOTE. 2. Consent Agenda A. Reading and Approval of Minutes for: 1. Regular Meeting Dated October 14, 2008 B. Auditor 1. Accounts, Claims and Bills FINANCE & COMMUNITY DEVELOPMENT: RECORD ONLY: FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL FIRST NATIONAL BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD RECORD ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY ONLY SUBTOTAL PREPAIDS: PAYROLL 10/24/08 ND MUNICIPAL FINANCE JEFFREY PETERSON WILLIAM MAISEY OK TIRE CHECK #09762-09819 Dues BOND REFUND BOND REFUND RESTITUTION 113,780.16 19,872.26 93,373.41 50,137.49 59,900.04 398,397.82 35,567.18 43,430.89 42,458.91 563,082.98 27,132.27 39,832.31 75,483.12 42,946.34 30.00 37,576.58 11,918.54 24,742.58 ____________ 1,679,662.88 131,356.16 60.00 150.00 250.00 40.03 October 28, 2008 JAN THUE WILLIAMS RURAL WATER DIST APS HEALTHCARE NORTHWEST MOUNTRAIL-WILLIAMS REC SHANE NEHRING CODY HALD UNITED WAY ND PUBLIC EMPLOYEES ASSOC ND PERS AMERICAN FAMILY LIFE AMERICAN NATIONAL FIDELITY SECURITY LIFE USABLE LIFE ND PERS LINCOLN MUTUAL LIFE & LINCOLN MUTUAL LIFE & ROD BOLDT BEAU HAWKES JEREMY AKINS PRESTON BAUMEISTER WISCO TROY BLACK DOG ND PERS ND PERS DISCOVERY BENEFITS ALLTEL BACON SIGN CO. HUGO STROM ESTATE ND STATE DISBURSE. UNIT MONTANA CSED MONTANA GUARANTEED WESLEY WILLIAMS WILLISTON BASIN SKATING WILLISTON SCHOOL DIST #1 KELLER PAVING WILLISTON PARKS & REC JENS MARJERISON ALL SEASON MECHANICAL SWEET ADDICTIONS DONNA KOLINSKI DARREN MILLER DUSTIN SULLIVAN TREVOR VESTAL FREDRICKSEN REAL ESTATE PATRICK NOWLAN ABC BUILDING CONCEPTS LLC ANGELA JO BAKER DARCY SCHAUER CASEY NORPEL NATHAN JORGENSON WILLISTON AREA TIOGA AREA SPORTSMAN CLUB AMERICAN BUS ASSOCIATION BORDER STATES ELECTRIC CENEX CONVENIENCE CARD CITY LAUNDRY CITY OF WILLISTON DAWA SOLUTIONS GROUP EMRY'S LOCKSMITHING GAFFANEY'S 2 October COBRA RESELL WATER PEPM-AD ELECTRICITY BOND REFUND Bond Refund September W/H October Dues Purchase Oct Premium Oct Premium Oct Premium Oct Premium Employer Cont Library Library BOND REFUND BOND REFUND BOND REFUND BOND REFUND RESTITUTION BOND REFUND Library Planning Med FSA Cell Phone VC Sign Refund Child Support Child Support Garnishment BOND REFUND 2ND FLOOR WAL Rcpt #137690 D062 Est4 fin SEWER BOND REFND LANDFILL WATER BOND REFUND BOND REFUND BOND REFUND BOND REFUND COMMISSION DOG IMP FEE PROF SERVICES BOND REFUND RESTITUTION RESTITUTION BOND REFUND 09 Promotions COMM ENHNCMT MBRSHP FEE SLP MATERIALS GAS - VAN CLEAN RUG DUMPSTER WEBSITE VC KEYS FILE CAB City Commission Meeting 346.27 656.94 760.77 132.51 400.00 50.00 83.00 34.00 500.00 250.58 234.91 200.01 378.19 26,041.51 736.49 116.52 250.00 250.00 250.00 400.00 2,947.93 140.00 45,290.72 15,849.68 4,911.74 212.34 14,282.00 676.85 1,273.50 229.27 165.80 1,200.00 5,000.00 227,371.29 9,463.16 4,619.00 50.00 9.16 7.89 250.00 90.00 450.00 200.00 840.00 50.00 5,912.21 250.00 600.00 2,233.84 80.00 65,000.00 2,000.00 475.00 1,148.02 41.71 7.20 159.36 510.00 95.00 5.24 October 28, 2008 GREEN THUMB LAWN SERVICE JEFF SMITH KFYR-TV NEMONT SELECT FORD TROUBA TELEPHONE SERVICE UNITED BUILDING CENTERS VISA WILLISTON CHAMBER WILLISTON CVB WILLISTON HERALD GEORGE OLHEISER CARRIE EYSTAD SHANNON FARRELL 3 LAWN PLOW FLR PRTL PMT TV ADS PHONE 9041 VAN MAINT VC PHONE VC SUPPLIES POSTAGE LDRSHP CLSS CK REIM ADS BOND REFUND BOND REFUND BOND REFUND SUBTOTAL FINANCE: CITY OF WILLISTON GAFFANEY'S NEMONT WILLISTON HERALD WILLISTON HERALD BRAD BEKKEDAHL E. WARD KOESER HEATHER CECIL PETER H. FURUSETH DION STEINLEY WILLISTON/WMS. CO. - LEC JANET HOLTER ZANDER BASIN BROKERS WALTER HALL EARL'S ELECTRIC, INC. RICHARD A. JOHNSON NEMONT PRO CARE CITY OF WILLISTON RICHARD A. JOHNSON HELP MATE SERVICES CITY OF WILLISTON NEMONT CLW, INK GAFFANEY'S NEMONT ND PLANNING ASSOC. SRF CONSULTING GROUP INC EARL'S ELECTRIC, INC. CLEAN TECH AUDITOR TP/STPL RMVR PHONE BILL SPCL ASSMNTS SUMM MINUTES TRAVEL REIMB TRAVEL WITNESS FEE JDG SEMINAR WITNESS FEE COPIES JDG SMNR NTC OF HRNG WITNESS FEE BALLAST CLEANING PHONE BILL CLEAN CARPETS NEW ARMORY CLEANING CLL PHN PCH ECON DEV PHONE BILL WRITING FEES 11X17 PAPER PHONE BILL CONFERENCE CNSLTNG FEE LABOR LIBRARY SERVICES LIBR SUBTOTAL TOTAL CITY OF WILLISTON CITY OF WILLISTON GAFFANEY'S GAFFANEY'S WILLISTON HERALD BORDER STATES ELECTRIC City Commission Meeting 200.00 1,000.00 465.00 262.75 77.04 1,578.00 331.75 1,739.45 250.00 133.23 249.50 350.00 300.00 250.00 ____________ 585,212.52 140.00 9.97 396.23 6.00 612.00 138.70 364.83 25.00 288.25 25.00 57.31 348.20 112.00 25.00 88.37 441.00 145.25 843.00 15.00 1,764.00 34.99 48.33 89.96 903.00 22.38 100.40 115.00 43,934.01 60.00 832.50 ____________ 51,985.68 2,316,861.08 SANITATION, STREETS & IMPROVEMENTS: PW 150.00 RADIO MAINT 16.84 toner 62.00 CDR 31.98 pickup-affida 63.00 poles 18,700.00 October 28, 2008 CITY OF WILLISTON CITY OF WILLISTON GAFFANEY'S GAFFANEY'S H&H TRUCKING NEMONT NEMONT NEMONT MDU MOUNTRAIL-WILLIAMS REC BENCO EQUIPMENT CO CARQUEST WESTERN AUTO CARQUEST WESTERN AUTO CARQUEST WESTERN AUTO CITY OF WILLISTON CITY OF WILLISTON DALLAS SAILER ENTERPRISE ELECTRIC & MAGNETO, INC. HORIZON RESOURCES HORIZON RESOURCES HORIZON RESOURCES FASTENAL CO. GAFFANEY'S HAUGEN'S, INC. INTERSTATE POWER SYSTEMS INTERSTATE POWER SYSTEMS KOIS BROTHERS EQUIP CO KOIS BROTHERS EQUIP CO MON-DAK PLG & HTG, INC. NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NAPA AUTO PARTS NORTHWEST SUPPLY CO. PRAXAIR DISTRIBUTION INC TRACTOR & EQUIPMENT CO. TRACTOR & EQUIPMENT CO. WILLISTON TRUE VALUE ZEE MEDICAL SERVICES CITY OF WILLISTON WILLISTON HERALD BORDER STATES ELECTRIC CITY OF WILLISTON CITY OF WILLISTON HORIZON RESOURCES NEMONT MORELLI'S MOUNTRAIL-WILLIAMS REC NAPA AUTO PARTS WILLISTON TRUE VALUE ROUGHRIDER DOORS BECHTOLD PAVING, INC. DOEDEN CONSTRUCTION KADRMAS LEE & JACKSON INC 4 PW RADIO MAINT pencils toner-ink salt PW PW ADMIN PW COMP UTILITIES WALMART LT hoist credit supplies WD 40 PW RADIO MAINT parts check alt diesel oil unlead bolts supplies filter engine-labor filters credit parts heaters battery brake fluid bulbs credit filters lamps sta-bil supplies supplies supplies parts unit #5143 supplies restock RADIO MAINT bid-affidavit bulbs-battery PW RADIO MAINT oil LANDFILL water utilities stock pres tank parts-labor Est#7-D082 Est#5-D082 D06-2 final TOTAL City Commission Meeting 60.00 109.65 5.32 76.99 2,326.16 77.21 83.02 40.01 6,502.17 144.83 320.40 58.70107.08 25.96 15.00 12.63 128.00 5.50 16,000.00 513.70 12,577.50 12.66 15.44 56.49 16,641.11 40.22 1,414.371,520.95 4,395.00 85.77 41.80 8.20 85.77348.30 37.59 17.61 91.09 97.93 103.67 610.93 50.07 38.16 48.05 33.68 45.00 45.36 15.00 4.21 485.65 120.03 33.00 479.60 47.04 279.99 75.79 15,288.00 7,730.10 1,402.86 ____________ 106,942.46 October 28, 2008 CITY OF WILLISTON CITY OF WILLISTON CULLIGAN EBEL INC. NEMONT QUILL CORPORATION MYRON CITY OF WILLISTON FARGO WATER EQUIPMENT CO HOSE AND RUBBER SUPPLY HOME OF ECONOMY ASTRO-CHEM LAB, INC. NEMONT MDU GAFFANEY'S NEMONT ADVANCED ENGINEERING & ADVANCED ENGINEERING & PEDAR ANDRE BORDER STATES ELECTRIC CITY OF WILLISTON CITY OF WILLISTON CRAIG'S, INC. FARGO WATER EQUIPMENT CO FARGO WATER EQUIPMENT CO HORIZON RESOURCES HOME OF ECONOMY HOME OF ECONOMY MONTE MEIERS MONTE MEIERS NEMONT NEMONT MDU RAMKOTA HOTEL RAMKOTA HOTEL RAMKOTA HOTEL RAMKOTA HOTEL RAMKOTA HOTEL ADVANCED ENGINEERING & CITY OF WILLISTON CITY OF WILLISTON FALCON PUMP & SUPPLY GRAYMONT WESTERN CANADA HAWKINS, INC. NEMONT NEMONT MVTL/MINNESOTA VALLEY NORTHWEST SUPPLY CO. PRISTINE WATER SOLUTIONS RAMKOTA HOTEL RAMKOTA HOTEL RICH RESELL RICH RESELL DPC INDUSTRIES CITY OF WILLISTON CITY OF WILLISTON NEMONT GENERAL SAFETY EQUIPMENT 5 City Commission Meeting WATER, SEWER, CEMETERY & AIRPORT: BUILDING 45.00 RADIO MAINT 12.63 WATER 6.00 MOVE PHONE 82.00 PHONE BILL 49.96 LABELS/CALEND 106.39 SHIPPING 40.92 RADIO MAINT 12.63 pipe 1,031.30 repair 19.63 1" tee-brass 24.99 Cell 3N test 143.80 SEWER TREATME 40.01 UTILITIES 28.38 FLOOR MAT 221.99 PHONE BILL 100.16 P-151 1,550.00 P152 17,211.35 reimbursement 40.00 bulbs 77.73 PW 15.00 RADIO MAINT 42.10 chop saw serv 66.03 parts 273.99 sleeve 167.69 propane 28.56 sand paper 7.18 supplies 44.14 fuel 54.59 meals 65.00 11TH ST RES 40.01 26TH ST RES 40.01 UTILITIES 670.83 J Phillips 216.00 K Stenberg 216.00 M Meiers 216.00 P Andre 216.00 R Hanson 144.00 maint 1,250.00 PW 15.00 RADIO MAINT 8.42 zoeller pump 729.34 lime 10,527.49 chem 6,478.29 WATER TREATME 80.87 WTP FAX LINE 40.01 testing 56.00 supplies 16.59 pump-tubing 340.15 R Resell 216.00 T Potter 216.00 fuel 62.40 meals 30.00 chlorine 1,105.40 CEMETERY 15.00 RADIO MAINT 4.21 CEMETERY 40.01 NOZZLE 560.00 October 28, 2008 ROD D HELSTAD RICHARD A. JOHNSON KADRMAS LEE & JACKSON INC MIDCONTINENT COMM. MIDLAND ATLAS CO LLC NEMONT MDU MOUNTRAIL-WILLIAMS REC QUALITY SERVICE W/COFFEE CURTIS SULLIVAN KADRMAS LEE & JACKSON INC KADRMAS LEE & JACKSON INC KADRMAS LEE & JACKSON INC MATERIAL TESTING SERVICE 6 REIMBURSEMENT COOLING TOWER PROF SERVICES SERVICE AD PHONE SERVICE UTILITIES UTILITIES COFFEE TRVL RMBSMNT CONST OBSVTN ENV DOC PROF SERVICES TESTING TOTAL City Commission Meeting 393.78 160.00 260.53 145.77 259.00 179.08 3,075.66 20.00 96.00 1,063.30 6,331.90 3,373.11 7,576.60 1,811.00 ____________ 69,904.91 AMBULANCE, BUILDING INSPECTION, TRAFFIC SAFETY, FIRE, LEC & MDU UTILITIES 20.51 ARAMARK GEAR BAGS 426.88 BORDER STATES ELECTRIC BULBS 29.88 CITY OF WILLISTON DUMP FEES 9.82 CITY OF WILLISTON FIRE HALL 63.33 CITY OF WILLISTON RADIO MAINT 335.00 FLEET SERVICES LADDER 4 67.73 FLEET SERVICES QA-7 144.36 KOHLER COMMUNICATIONS 10 RADIO BATS 1,150.00 MIDCONTINENT COMM. CABLE 44.12 NEMONT EXTRA LINE 29.05 NEMONT PHONE 116.57 NAT'L FIRE PROTECTION FIRE PREVENT 922.26 NORTHWEST SUPPLY CO. TOWELS 172.00 ROUGHRIDER DOORS DOOR SPRING 535.11 RICHARD SHEARER FIRE BOOTS 200.00 VISA EMMITSBURG 232.20 VISA FUEL 83.00 VISA SUPPLIES 80.01 WESTERN FIRE & SAFETY CASCADE SYSTE 848.80 AIRSPLAT.COM AIRSOFT EXCH 53.85 AIRSPLAT.COM BATTERY EXCH 55.98 BALCO UNIFORM CO., INC. INSIGNIA 12.00 BALCO UNIFORM CO., INC. PANTS/SHIRTS 1,380.00 CITY OF WILLISTON POLICE 366.67 CITY OF WILLISTON RADIO MAINT 405.75 GAFFANEY'S FAX CARTRIDGE 77.41 GAFFANEY'S PRINTER CART 34.74 MERCY MEDICAL CENTER 11 DRAWS 275.00 NEMONT RANGE 44.10 NEMONT WPD 476.70 POST BOARD - LAW ENF. BELISLE 45.00 POST BOARD - LAW ENF. BERTSCH 45.00 POST BOARD - LAW ENF. CECIL 45.00 POST BOARD - LAW ENF. CLOUSE 45.00 POST BOARD - LAW ENF. COLLINGS 45.00 POST BOARD - LAW ENF. FRY 45.00 SOURIS RIVER TELECOMM. 10/22/08 56.53 NEMONT CO. 911 563.84 QWEST OCT 10- NOV 9 947.66 FLEET SERVICES 6400 106.70 FLEET SERVICES 6406 934.43 October 28, 2008 7 FLEET SERVICES HAMERS AUTOMOTIVE SERVICE HAMERS AUTOMOTIVE SERVICE MEDTRONIC PHYSIO-CONTROL MEDTRONIC PHYSIO-CONTROL MERCY MEDICAL CENTER NORTHWEST SUPPLY CO. THRIFY WHITE PHARMACY THRIFY WHITE PHARMACY TRENTON INDIAN SVC. AREA TRI-COUNTY GLASS VISA VISA VISA VISA VISA VISA MDU 6407 6401 6406 LP12 MAIT AGR LP500 TRAINER DRUGS DISINFECTANT ONE TOUCH TWIN EJECT RFND #0701012 ROCK CHIP FIN CHG ADJST LDT FUEL LDT MEALS SUPPLIES TRAINING 3 IV PUMPS UTILITIES TOTAL GRAND TOTAL C. D. E. City Commission Meeting 308.08 1,154.02 962.19 1,442.50 199.00 62.51 82.00 102.99 66.92 637.22 30.00 73.45201.05 286.97 341.64 72.61 170.00 186.36 ____________ 17,804.60 2,511,513.05 Building Official City Planner 1. Request to approve Rural Water Hook-up for Lot 1, Block 1, Wegley Green Acres 4th Subdivision -Eberle Assessor MOTION BY LAWSON, 2ND BY BEKKEDAHL, to accept the consent agenda as presented to the Commission. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 3. 4. Bid Openings Public Hearings A. Proposed Ordinance amending Section 21 of the Zoning Ordinance of the City of Williston, as it relates to Dwellings in the Restricted Commercial District- City Koeser asked Jarcik to give an overview of what is proposed to be done. Jarcik stated that there is a proposal at 114 and 116 Main Street to do some residential dwellings on the main floor. The Planning and Zoning Commission and Ad Hoc met and felt that this was a good proposal and thought a policy change needed to be made to Ordinance No. 613 that would allow for dwelling units on the ground floor. The Planning and Zoning Commission has recommended approving the proposed amendment. One item of concern that came up was the parking for the residents. Jarcik said they met with the Parking Authority today to see if they would accommodate overnight use of the parking lots. The Parking Authority expressed their interest in this project but wanted more time to work out a policy. There were concerns by the board members in regards to snow removal from the parking lots and having vehicles and recreational items stored in the parking lot. A motion was made by the Parking Authority to make spaces available once a policy has been worked out. October 28, 2008 8 City Commission Meeting Koeser called for public input. Tate Cymbaluk stated that he is working with CSC contractors and they are looking to put apartments in the downtown district. He said they have gone through Planning and Zoning, Ad Hoc, and the Parking Authority and got their support and they would like the support of the City Commissioners. They are hoping that bringing these apartments to the downtown area will bring more customers to the businesses located in that area. Koeser wondered if the apartments were going to be upstairs and in the back of the main floor. Cymbaluk said that was correct but the ordinance was vary vague on whether apartments can be on the main floor and how far from the front of the building they can be, so they are looking to the Commission to clarify that. He mentioned that they are going to put apartments in the lower level as well and they have spoken to Lalim on the building codes for that to happen and will be putting sprinkler systems throughout to keep up with the code. Klug asked if the front of this building was going to be retail and where the tenants will be entering in from. Cymbaluk said that the front was going to be retail and tenants would be entering from both the front and the back of the building. The front would have a common hallway with the retail space and you would be able to either go into the offices or to the apartments. Bryan clarified that the upstairs apartments would be accessible from the front of the building while the main floor and basement apartments would be accessible from the rear of the building. Koeser called a second, third and final time for public input. With no public input being heard, Koeser closed the hearing. Koeser said that the Commission was given the recommendation from Planning and Zoning and asked what they would like to do. MOTION BY BEKKEDAHL, 2ND BY BOGAR, to approve the proposed amendment to Ordinance No. 613 also known as “The Zoning Ordinance of the City of Williston”, under Section 21, C-3: Restricted Commercial, as present. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 5. 6. Accounts, Claims and Bills Not Approved in the Consent Agenda Ordinances A. First Reading of Ordinance No. 912, an Ordinance Dealing with Wireless Telecommunications Towers and Antennas Koeser stated a couple of years ago they talked about doing this and now the Ordinance is coming before them. He said the ordinance deals with providing appropriate location and development of telecommunications facilities, protecting the City of Williston’s environment, minimizing adverse visual impact, avoiding potential damage to adjacent properties, maximizing the use of any new or existing towers, encouraging the use of alternative towers and promoting the location of facilities that are not zoned residential use. Rolfstad asked why they were looking at approving this ordinance. Kautzman said they are trying to provide guidance on where towers can go and prevent home owners from being approached about putting October 28, 2008 9 City Commission Meeting towers in their yards. This went to the Franchise Committee and they felt that the ordinance was quite lengthy. They talked about having the current City Attorney go through and shorten it but that would be a waste of money, so they thought if it was passed as is, then they could deal with issues as they came up later. Bekkedahl mentioned that the Committee recommends passing the ordinance as lengthy as it is because it is more protective and issues can be worked out when they were brought before the Commission. Koeser mentioned that he likes the idea of dealing with this before someone comes in and wants to put up a tower. MOTION BY BOGAR, 2ND BY KLUG, to approve the first reading of Ordinance 912, an ordinance dealing with wireless telecommunications towers and antennas. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 B. First Reading of the Ordinance No. 913, a proposed Used Tire Ordinance Koeser wanted to clarify that if the first reading was approved tonight, then there would have to be more of a legal forum for the second reading. This ordinance came from the Ordinance Review Committee that is looking to clean up the city. Koeser read the ordinance which states that no person shall store junk, used tires, rubbish or garbage outside of residential and business establishments; if offensive and dangerous articles remain outside such establishments for more than seven days then violation of this section will be presumed; any person who operates a business dealing with tires and stores tires shall remove the tires on a regular basis, not to exceed ten days, the tires will need to be covered with a tarp or other similar means and the tires can not be stored closer than 25 feet from any building; and any person or entity who violates any section of the ordinance shall be guilty of a B Misdemeanor. Koeser feels that there will be an issue created with businesses that service tires if this ordinance passes. The establishments charge customers to take the used tires off their vehicles and at some point in time the business does take the tires to the landfill, but in some cases they are storing large quantities of tires near their building. The storage of these tires is not only unsightly, but water accumulates in them and creates a breeding ground for mosquitoes. He commented that there will be some extra costs to businesses in the community and they aren’t trying to make it more difficult to do business in town, but it is important for things to be cleaned and organized. Koeser mentioned that Mike Melius, who is on the Ordinance Review Committee, went around to the businesses around town and talked to them about the issue. In some cases the businesses were willing to cooperate, but in other cases they weren’t willing to work with the City on cleaning up. MOTION BY BEKKEDAHL, 2ND BY BOGAR, to approve the first reading of Ordinance 913, a proposed tire ordinance, as presented. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 7. Petitions, Communications and Remonstrances A. Mercy Medical Request for Fireworks Display on December 4th October 28, 2008 10 City Commission Meeting Koeser stated that Mercy Medical is requesting to have a Fireworks Display on December 4 th, which they have done the past few years and asked Chief Hanson to comment on their request. Hanson said he asked Mercy Medical to make sure the weather was appropriate when the display is to take place and mentioned that they should let the neighbors know that they are going to have the firework display. MOTION BY LAWSON, 2ND BY BOGAR, to approve Mercy Medical’s request for holding a Fireworks Display on December 4th, as long as they get final approval from Chief Hanson the day of the display. AYE: Bekkedahl, Lawson, Bogar, Koeser NAY: Klug CARRIED: 4-1 8. Report of Commissioners A. President of the Board B. Vice-President; Fire, Police, and Ambulance Commissioner C. Street and Improvement, Sanitation, Cemetery and Public Works Commissioner D. Finance Commissioner 1. Resolution of Support for Mosquito Ballot Measure Bekkedahl stated that he had several discussions with Steve Kemp and Fran Bosch regarding the issues the Vector Board is having with funding right now. He feels that the Commission should not only be pursuing more funding but they should also be endorsing that for the public, so he wrote up a resolution. Bekkedahl read the resolution which encourages the Citizens of Williston to support the Williston Vector Control Board ballot measure request for additional revenue to expand mosquito control efforts. MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve Resolution No. 08-25, a resolution of support for the Mosquito Ballot Measure. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 9. E. Water Works, Sewer, Airport, Building and Planning Commissioner Report of Department Heads A. City Auditor 1. Identity Theft Prevention Program Kautzman stated they received an email from both the League of Cities and ND Rural Water pointing out that the Federal Trade Commission had established a Red Flag Rule that deals with how utility account information is dealt with. Initially a November 1st, 2008 deadline was set to have a program put into place but it has now been changed to May 1, 2009. The proposed document being presented was put together by the League of Cities and he asked that the Commission approves it. Along with approving the Identity Theft Prevention Program, Kautzman has a proposed application that will need to be approved that will be signed by everyone that has utilities put in their names. Kautzman stated that this document will be the City’s official record for each account holder to comply with the new regulations as they relate to the Identity Theft Prevention Program. October 28, 2008 11 City Commission Meeting Lawson asked if Furuseth has looked over the document, at which he stated he hadn’t. Kautzman mentioned that the document was drafted by the League of Cities attorney, but Furuseth could look it over too, they have until May 1st to get it implemented. MOTION BY LAWSON, 2ND BY BOGAR, to have the City Attorney review the Identity Theft Prevention Program document. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 2. Proposed Application for Utility Services Kautzman suggested holding on making a motion for this application until the Identity Theft Prevention Program document is reviewed. 3. Automated Financial Services – Credit Card Payment Processing Kautzman stated that Automated Financial Services is based in Grand Forks whereas the nCourt LLC that has been under unfinished business is out of Atlanta, GA. He asked that the Commission consider allowing utility billing to use Automated Financial Services credit card payment processing, and then expand from there to include the Building Department and Ambulance billing. Kautzman said that each governmental department needs to be approved, then each department will have its own rate structure, just like nCourt LLC did. He suggests having a January 1, 2009 start date so everything can be pulled together. He added that they are trying to keep away from the City incurring extra costs when processing credit cards and this program is set up so that the customer will be charged a service charge and the City will receive their entire amount due from the customer. Kelly Blomberg wanted to clarify that someone can pay with a credit card but they will be assessed an additional fee. Kautzman said that was correct and that they would let the customer know up front that they would have a service charge added. Klug asked how these types of transactions would take place. Kautzman answered that the customer can bring the credit card in to be swiped, they can provide the credit card number over the phone, or it can be processed online. Klug wondered if there will be different fees for how it is processed, at which Kautzman said no, the fees are determined by the category of the charge. Automated Financial Services categorizes the different types of fees on how difficult they feel the collection of the money will be from the customers, and they negotiate with the actual credit card companies on that surcharge. Blomberg wondered if using credit cards for utilities will be more burdensome for the City. Kautzman said that he doesn’t feel it will be burdensome; it is more of a convenience for the customer. Having other peoples credit information can be a concern but that information will not be stored with the utility account, everything will go through Automated Financial Services secured website, so any security issues will be on their side to deal with. Koeser said that this issue came about in the Building Department. Many contractors have came along and wanted to use a credit card to pay for their building permits, where in some cases can be in the hundreds to thousands of dollars, but since the City does not accept them they were unable to do so. They also recognize that the younger generation likes to pay bills online, so this will allow the City to provide that kind of service to them. Kautzman mentioned that the City doesn’t want to incur additional costs to October 28, 2008 12 City Commission Meeting allow these types of services, and that is why they aren’t dealing with any of the local banks. Koeser asked Kautzman what motion he was looking for from the Commission. Kautzman said he is looking for a motion to allow him to proceed to initialize credit card services in the utility area. Once that is done, then they will proceed with the other departments. MOTION BY LAWSON, 2ND BY BEKKEDAHL, to allow the City Auditor to initialize credit card services in the utility area through Automated Financial Services. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 B. C. Attorney Director of Public Works/City Engineer 1. 11th St. Pump Station Ad for Bid Bob Hanson stated that they are seeking approval to send out bids for the 11th St Pump Station project. MOTION BY LAWSON, 2ND BY KLUG, to approve the ad for bids for the 11th St Pump Station with the bid opening date of November 20, 2008 at 11:00 a.m. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 2. Refuse Packer Bid Hanson stated that they are seeking approval to advertise for bids for a refuse packer that will be bought next year and be placed on a truck at the landfill, with a bid opening date of November 20th. MOTION BY BEKKEDAHL, 2ND BY LAWSON, to approve the advertisement for bids for a refuse packer, with a bid opening date of November 20th at 11:00 a.m. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 3. Garrison Diversion Recreation Grant Hanson stated that they would like an acknowledgement of receipt of the $24,715 grant from the Garrison Conservancy District for the use of the Reid Railroad Park project that was put together by Jeff Roule. In addition they are in the process of reapplying for the Traffic Enhancement grant and are asking approval by the Commission for the Mayor to sign the application. MOTION BY LAWSON, 2ND BY BEKKEDAHL, to approve the Mayor to sign the Traffic Enhancement grant application. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 Koeser commented that the award of $24,715 goes to the same project that they received $10,000 a few October 28, 2008 13 City Commission Meeting weeks ago from MDU for the First Phase of the project. The money is coming in slow, but the project is still alive and well. D. E. Fire Chief Chief of Police 1. DOT Grant Chief Lokken stated that they are looking for approval of a grant that was submitting to the NDDOT, which is an alcohol safety grant through the National Highway Traffic Safety Administration. They have done this every year for the past five years for saturation patrol for DUI enforcement during specific weeks out of the year. The grant is for up to $1,500 to help cover overtime for the officers. Lokken is asking for permission from the Commission for the Mayor to sign the contract between the NDDOT and the City of Williston MOTION BY LAWSON, 2ND BY BEKKEDAHL, to allow the Mayor to sign the contract between the NDDOT and the City of Williston. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 F. G. H. I. Building Official City Planner Economic Development Airport 1. Airport Grants Marburger stated last year they got their 10,000 claimants so they can choose eligible projects up to a million dollars. He was notified three weeks ago that there is money available this fall for the airport. There is no time for engineer bidding for a new project, however the terminal bidding is still eligible for $302,000 and that would make a simple project. Marburger, Bogar and the engineers discussed it and they all agree that using the money for the terminal building would be the best way to go. They are asking approval for Marburger to submit the application for the grant in the amount of $302,000. MOTION BY BOGAR, 2ND BY LAWSON, to allow Marburger to submit the application for the grant in the amount of $302,000. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 Marburger said he met with the FAA last week to see how the funding was going to come in and seeing how all of that works for next years projects. He mentioned that they are just about finished with the Environmental Impact Study on the airport for taking down the transmission lines at the golf course, moving the threshold in and moving the taxi-way out so they can handle larger aircrafts and that study is still on track. However with the timing it takes to do the engineering for those types of things, including having it all ready to be bid and put in the paper by February, they don’t feel it can be done in time. Looking at the Capital Improvement Plan they do have reconstructing of the Cross Wind runway to do and that is definitely in need of repair. That project will cost $2.5 million and the engineers do feel that they can have that completed in time and bid out which would allow Williston to be the first in North Dakota to receive a grant for airports. October 28, 2008 14 City Commission Meeting Marburger asked the Commission for permission to apply for a grant to reconstruct the Cross Winds runway, that includes a new runway, lighting, striping and it will be engineered so when the main runway is redone, it will all fit together. He mentioned that if they want to capitalize on what is available for funding, this would be the best choice. MOTION BY BEKKEDAHL, 2ND BY BOGAR, to accept the recommendation and approve as noted. Bekkedahl wanted to know if this will be a complete reconstruction or if it is just a resurfacing. Marburger said it is a milling and resurfacing and everything else stays the same. Klug asked what the estimate was for the project. Marburger answered that it is $2.5 million, with 5% being the City’s share, but usually he goes before the state and gets another 2.5%, so the City’s obligation will be about 2.5%. Koeser commented that $2.5 million seems like a lot of money, but Marburger said that the main runway will cost $10 million so it’s not that much. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 10. J. Assessor K. Convention and Visitor’s Bureau Appointments and Consultations with Officers A. Appointment of Executive Board Member – CEAD Committee Koeser stated that Bob Stancel, who’s term was to end April 30, 2011, has resigned and the CEAD’s nominating committee has recommended that Ann Pivarnik replace him on that committee. MOTION BY LAWSON, 2ND BY BOGAR, to appoint Ann Pivarnik to the CEAD Committee. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 11. Unfinished Business A. Uniform Offer to Purchase – Kelly Blomberg Bekkedahl stated that the Ad Hoc committee met on this issue and Blomberg is asking to purchase two lots, one that fronts the street and the other one is land locked. Bekkedahl mentioned that he made a mistake of not understanding that it was a governmental lot and therefore was not pre-priced so it would have to be bid out. Blomberg wants to develop the land to place a house on it and she was asked to research whether or not she could place the structures on the land without encroaching on the flood plain or flood way area. Bekkedahl commented that Meiers’s recommendation was for the land to be bid out as property affected by the floodplain and deal with the issue under the building permit process. Blomberg thought it was out of the flood plain and it does not encroach on the flood way and asked Bob Hanson if that was correct. Hanson said it is actually located in the flood plain, but the house can be built at such an elevation that it will be high enough to be protected from flooding. October 28, 2008 15 City Commission Meeting Kautzman wanted to comment that it is marked as governmental use only so the only option is to bid it out, otherwise the other real estate places wouldn’t have proper notification. He added that there was a neighbor who asked if they could buy that property a number of years ago, so there could be other interest in the property. MOTION BY BEKKEDAHL, 2ND BY LAWSON, to allow Lots 7 & 8, Block 5 of Wegley Subdivision to go to bid for either a single lot or for both lots, but bids on Lot 8 only are limited to bidders owning adjoining property without consideration of the platted alley, as Lot 8 is landlocked, take off the governmental listing, and bid it out as property affected by the floodplain and compliance under the building permit process with any floodplain elevation issues for structures. Bekkedahl wanted to clarify with Furuseth whether or not the lots could be bid separately. Furuseth believes they need to be bid together as a unit. Klug asked whether the back lot has an access from the west of it. Lalim said there is an alleyway and Bekkedahl mentioned that the alleyway has never been developed. Furuseth commented that since the lots are city owned, they can do it however they want to do it, at which Kautzman disagreed and said that they can not sell a land locked lot. Bekkedahl brought the issue up because the land locked lot actually connects to two other lots, just like it was a continuation of there back yards. Kautzman asked if they could put in the advertising the language that says the Commission could reserve the right to accept any or all packages that come in front of them. This would allow everyone to have a chance to bid on the property, including the homeowner’s who may just want the land locked lot and Blomberg who would like both lots, then no one will be left out. Bekkedahl commented that he wasn’t trying to make it difficult for Blomberg to buy the property, but people who own the lots right by there have expressed interest in the land locked lot before. Blomberg said it would be unacceptable not to get both lots because the lot where the house would go is so small, it really only has room for the home and then the other lot would be the yard. AYE: Bekkedahl, Klug, Lawson, Bogar, Koeser NAY: None CARRIED: 5-0 Blomberg requested the Commission to explain what the process is. Kautzman explained that it will now go out for bid, with the bidders having the right to bid on one or both of the lots and then the Board will make the ultimate decision on what is in the best interest of the city and which offer they want to accept. Bogar asked what kind of time frame she would be looking at, at which Kautzman answered it is normally 30 days. Koeser wanted to mention that Blomberg would have to submit a bid also to be considered for buying those lots. B. Agreement with the City of Williston and nCourt LLC Koeser asked for a motion to remove this from the agenda. MOTION BY BEKKEDAHL, 2ND BY LAWSON, to remove the agreement with the City of Williston and nCourt LLC from the agenda. CARRIED BY VOICE VOTE. October 28, 2008 12. 16 City Commission Meeting New Business Koeser wanted to remind the Commission that the next Commission meeting would be on Wednesday November 12th instead of Tuesday November 11th due to Veteran’s Day. 13. 14. Executive Session Adjourn MOTION BY LAWSON, 2ND BY BEKKEDAHL, to adjourn.
