CITY OF WATFORD CITY

CITY COUNCIL MEETING

April 2, 2012

Minutes of the regular City Council meeting held on April 2, 2012 at 6:00 p.m. at City Hall. Present were Mayor Brent Sanford and Council Members Justin Voll, Kris Pacheco, Deanne Valenzuela, and Shane Homiston. Absent were Council Members Dave Uhlich (excused) and Bruce Erickson (unexcused). Also present were City Planner Curt Moen, Attorney Wyatt Voll, Superintendent of Public Works Justin Smith, and City Auditor Laura Anderson. Mayor Sanford called the meeting to order with the Pledge of Allegiance.

Ashley Holen was a special guest for the meeting. Ashley was chosen to be “Mayor for the Day” from the 3rd grade class. Mayor Holen shared with the City Council the essay which earned her the title of “Mayor for the Day”.

Council Member Homiston moved to approve the minutes of the City Council meetings held on March 5, 2012 and March 13, 2012 as presented. Motion seconded by Council Member Voll and carried unanimously.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by Donna Sundby and Konrad Norstog. There were no written comments or comments from the public. The Public Hearing was closed.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by MRC Development. There were no written comments or comments from the public. The Public Hearing was closed.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by Stenehjem Development, LLC. There were no written comments or comments from the public. The Public Hearing was closed.

Council Member Valenzuela moved to award the bid for two 2012 Ford Expeditions equipped with police package to Eide Ford (with S&S Motors as agent) in the amount of $31,186.70 each. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Voll, Homiston, Valenzuela, and Pacheco; nays: none.

The Council considered a request from Adam Poppleton, Look At Me Signs, who requested to be allowed to put up billboards within City limits. The request was denied due to being prohibited by City ordinance.

The Council considered a request from Robin Arndt, Watford City Park District, to fund a proposal by Steven Neu for park planning services. Council Member Pacheco moved to approve the payment of the $1,000 fee plus mileage and per diem as detailed in the proposal. Motion was seconded by Council Member Voll and carried by the following roll call vote: ayes: Pacheco, Voll, Valenzuela, and Homiston; nays: none.

Upon the recommendation of the Roughrider Fund, Council Member Voll moved to approve a Community Marketing/Enhancement Fund Grant of $500.00 to WC All Star Basketball. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll, and Homiston; nays: none.

David Johnson, Advanced Engineering and Environmental Services, Inc., was present to provide an Infrastructure Master Plan scoping update. An ad hoc committee consisting of Council Members Voll, Homiston, and Pacheco was established to determine a growth plan for the city.

Todd Norton, Advanced Engineering and Environmental Services, Inc., was present to request permission to advertise for Area 5 Sewer Extension, Area 2B Water and Sewer Extension, and Area 6 Sewer Extension projects. Council Member Pacheco moved to advertise the Area 5 Sewer Extension, Area 2B Water and Sewer Extension, and Area 6 Sewer Extension projects upon final review and approval by Superintendent of Public Works Justin Smith. Motion was seconded by Council Member Homiston and carried by the following roll call vote: ayes: Pacheco, Homiston, Valenzuela, and Voll; nays: none.

Mr. Norton requested approval to submit Energy Impact grant applications for several projects. Council Member Voll moved to approve applying for Energy Impact grants for 1) a city-wide SCADA system - $225,000; 2) multi-use path from Main Street to 5th Street West – $247,099; 3) receiving station for bulk sewage - $96,925; 4) RV dump station - $96,384; 5) watermain replacements - $913,452. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, and Valenzuela; nays: none.

The review of the audit for the year ending December 31, 2010 was tabled until Gene Koch, Koch Johnson, PC, could be present.

Police Chief Herfindahl was present and gave an update on the Police Department.

Chief Herfindahl reported that an Energy Impact grant had been received for 80% of the cost of three First Responder bags and four Automated External Defibrillators (“AEDs”) and requested payment of the remaining amount. Council Member Voll moved to approve payment of $1,112 for the remaining cost of the First Responder bags and AEDs. Motion was seconded by Council Member Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Valenzuela, and Pacheco; nays: none.

Council Member Pacheco moved to approve payment of $1,000 to Crime Stoppers for the anonymous tip reward program. Motion was seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Homiston, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Variance Application submitted by Mike Tschetter for property located at 517 2nd St NW allowing for a 3 ½ foot encroachment from the front yard setback and to allow for a 50% set back reduction on the rear yard setback with the condition that the applicant must have the lot surveyed and pins set on the property. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Valenzuela, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by JW Enterprises, LLC to rezone property located at 1001 4th St SW, S1/2SE1/4 Section 24, T150N, R99W, McKenzie County, 2.91 acres, to C-1 from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Valenzuela, Voll, Homiston, and Pacheco, nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Zone Change Application submitted by Prairie Housing Services, LLC for property located at 2008 17th Ave NE, McKenzie County, 38.382 acres, to C-1 from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Valenzuela, Pacheco, Homiston, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Mak Properties, Inc. for property located at Section 8, T150N, R98W, McKenzie County, 3.76 acres, to C-1 from I-P with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, and Valenzuela, nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Zone Change Application submitted by Pilot Travel Centers, LLC for property located at 1009 11th Ave SW, McKenzie County to C-1 from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Homiston, and Voll; nays: Pacheco and Valenzuela; Mayor Sanford broke the tie by voting “aye”; motion carried.

Upon the recommendation of the Planning Commission, Council Member Valenzuela moved to deny the Conditional Use Permit submitted by Pilot Travel Centers, LLC. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Zone Change Application submitted by Stenehjem Development, LLC for property located at Rolling Hills Estate Subdivision, E1/4 Section 17, T150N, R98W to R-1, R-2 & R-3 from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Conditional Use Permit annual review for Jennifer Hovland to continue allowing a Home Occupation (daycare) located at 1009 5th Ave SE, contingent upon the installation of a four-foot security fence equipped with a childproof gate around the outside play area and a circular drive with a designated drop-off area. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Homiston, Voll, Pacheco, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Conditional Use Permit annual review for Warren Hovland to continue allowing Temporary Workforce Housing located at 401 10th St SE. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Valenzuela, Homiston, Voll, and Pacheco; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Conditional Use Permit annual review for BBR RV Park to continue allowing Temporary Workforce Housing located at 1000, 1002, 1004, 1008, 1016 5th Ave SE, 321, 304, 317 10th St SE, 909 2nd Ave SE, 911, 909, 1025, 1029, 1033, 1037 2nd Ave SE, 301 11th St SE, Cherry Creek Addition and Cherry Creek 2nd Addition to Watford City. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Conditional Use Permit annual review for Impact of Watford City to continue allowing Temporary Workforce Housing located at 305 12th St SE. Motion seconded by Council Member Pachecho and carried by the following roll call vote: ayes: Homiston, Pacheco, Valenzuela, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to deny the Conditional Use Permit annual review for Frontier Wellhead & Supply at 305 12th St SE because the intended use of placing a 5,000 gallon propane storage tank was never completed. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Tim Giles for property located at NE1/4 NW1/4 Ex IT1002 Terr Sub, NE ¼ SW1/4 S1/2NW Ex IT 1056 Old West Sub Ex IT 1279 to R-1 from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Valenzuela, and Voll; nays: none.

Council Member Voll moved to approve the preliminary plat for Stenehjem Development, LLC located at Rolling Hills Estates Subdivision located at E1/4 Section 17, T150N, R98W. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll, and Homiston; nays: none.

Council Member Pacheco moved to advertise for a full-time tax assessor for the City of Watford City. Motion was seconded by Council Member Voll and carried by the following roll call vote: ayes: Valenzuela, Pacheco, Voll, and Homiston; nays: none.

Council Member Homiston moved to approve the revised Personnel Policies and Procedures Manual. Motion was seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, and Valenzuela; nays: none.

Council Member Homiston moved to approve hiring Conlie Hermanson (Category 1, Step 5) and Kirk Flaten (Category 1, Step 4) for Schafer Cemetery maintenance. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Valenzuela, Voll, and Pacheco; nays: none.

Council Member Homiston moved to approve a step increase for Justin Smith from Category 11, Step 3 to Category 11, Step 4 effective April 16, 2012. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Homiston, Valenzuela, and Pacheco; nays: none.

Council Member Voll moved to approve the First Reading on Application for Annexation submitted by Donna Sundby and Konrad Norstog. Motion seconded by Council Member Pacheco and carried unanimously.

Council Member Voll moved to approve the First Reading on Application for Annexation submitted by MRC Development. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Voll moved to approve the First Reading on Application for Annexation submitted by Stenehjem Development, LLC. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Voll moved to approve the Second Reading on Ordinance #261 Annexing Property to the City of Watford City per Annexation Application submitted by Farmers Union Oil Co. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Pacheco, Voll, Valenzuela, and Homiston; nays: none.

Council Member Voll moved to approve the Second Reading on Ordinance #262 Annexing Property to the City of Watford City per Annexation Application submitted by Elemental Development Group. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Valenzuela, Voll, Homiston, and Pacheco; nays: none.

Council Member Voll moved to approve the Second Reading on Ordinance #263 Annexing Property to the City of Watford City per Annexation Application submitted by Greg and Monica Simonson. Motion Seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Valenzuela, and Homiston; nays: none.

Council Member Voll moved to approve the First Reading on an Ordinance Adding Section 6 to Article 25 of Chapter XV of the City of Watford City Ordinances Relating to Additional Fees for Temporary Housing. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Voll moved to approve the First Reading on an Ordinance Repealing Section 6-519 of Article 5 of Chapter VI of the City of Watford City Ordinances Regarding Sales Prohibited on Licensed Premises. Motion seconded by Council Member Pacheco and carried unanimously.

Council Member Voll moved to approve the First Reading on an Ordinance Adding Section 6-520 to Article 5 of Chapter VI of the City of Watford City Ordinances Relating to Adjacent Room Licenses. Motion seconded by Council Member Homiston and carried.