CITY OF WATFORD CITY

CITY COUNCIL MEETING

APRIL 4, 2011

Minutes of the regular City Council meeting held on April 4, 2011 at 7:00 p.m. at City Hall. Present were Mayor Brent Sanford and Council Members Shane Homiston, Justin Voll, Deanne Valenzuela and Kris Pacheco. Absent were Council Members Dave Uhlich (approved) and Bruce Erickson (unapproved). Also present was City Auditor Skoglund, City Planner Moen and Attorney Wyatt Voll. Mayor Sanford welcomed several government students who were present to observe the meeting. Mayor Sanford called the meeting to order with the Pledge of Allegiance. Council Member Homiston moved to approve the minutes of the city council meetings held on March 7 and March 21, 2011 as presented. Motion seconded by Council Member Voll and carried unanimously.

Our special guest for tonight’s council meeting was Lydia Berquist who was chosen the “Mayor for the Day” from the 3rd grade class. Mayor Berquist shared with the city council members her essay which earned her the title as “Mayor for the Day”.

Marc Lewis, the District Manager of MDU and Kelly Degenstein, the new district rep in Watford City were present to introduce themselves to the city council.

John Dunlap was present and updated the council on the Creekside Second Addition project. Council Member Voll moved to approve for recording the Final Plat Rearrangement of Irregular Tract 2006, Creekside Second Addition, City of Watford City in part of the NE1/4 SW1/4, Section 19, T150N-R98W, 5th P.M. McKenzie County, ND without accepting the dedication of the streets or utilities until as such time they have been evaluated. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Voll, Pacheco and Valenzuela. nays: none.

Police Chief Herfindahl was present and gave an update on the police department. Council Member Valenzuela moved to approve Police Chief Herfindahl’s request to purchase five spike strips for an estimated cost of $475 each and also evidence lockers for the interview/evidence room for an estimated cost of $4,500. Motion seconded by Council Member Voll 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 Homiston moved to approve the proposed Land Use and Growth Management Plan Map. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll and Homiston. nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the proposed Extra-Territorial Zoning Boundaries as shown on the Annexation Concept Map “A” with legal description and be Zoned A-2 - Agriculture District. Motion seconded by Council Member Pacheco 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 First Reading on an Ordinance Amending Section 3 of Article XXIX, Chapter XV of the City of Watford City Ordinances Regarding Building Permits Required in Extra-Territorial Zoning Jurisdiction. Motion seconded by Council Member Valenzuela and carried unanimously.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the First Reading with changes on an Ordinance Adding Article IX (A) to Chapter XV of the City of Watford City Ordinances Establishing Zoning District A-2. Motion seconded by Council Member Homiston and carried unanimously.

Upon the recommendation of the Planning Commission, Council Member Valenzuela moved to approve the Zoning Variance Application submitted by Nathan Aasen to allow for a 4' front yard variance located at 100 3rd St NW, Lot 7, Block 12, Original Townsite of Watford, W 90 Ft of Lots 7 & 8 Blk 12. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston and Valenzuela. nays: none.

Council Member Voll moved to approve the Second Reading on Ordinance #232 Adding Section 11 to Article XXII of Chapter XV of the City of Watford City Ordinances Relating to Storage Containers. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Homiston, Valenzuela, Pacheco and Voll. nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Conditional Use Permit submitted by Montana-Dakota Development, LLC for Temporary Workforce Housing located at Irregular Tract No.485 in the SW/4NE/4 of Section 24, Township 150N, Range 99West of the 5th P.M. in McKenzie County. This approval is contingent on the following: a revised site plan is presented to include the second exit, adequate amount of fire hydrants are on the premises and signage must be posted at the second exit. The signage must include Exit Only and Right Hand Turn Only and all standard conditions as shown on staff report. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Voll, Homiston, Valenzuela and Pacheco. nays: none.

Council Member Homiston moved to approve the time frame for the plan to mitigate flooding to be delivered and implemented as stated in the letter to Craig Nelson dated March 29, 2011. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Homiston and Voll. nays: none.

Council Member Voll moved to approve the Standard Form of Agreement dated April 4, 2011 between the City of Watford City and Advanced Engineering for a Water Distribution System Evaluation. This is for professional Engineering services in association with the examination and evaluation of the existing water distribution system under current and future conditions. This project is intended to identify deficiencies in the existing system, develop and recommend alternatives to correct those deficiencies, provide opinions of probable project costs, and a prioritization of recommended improvements. Further, the project is intended to examine future conditions, as generally developed in Watford City’s Growth Plan, for both the City of Watford City and potential consecutive users. Motion seconded by Valenzuela and carried by the following roll call vote: ayes: Homiston, Voll, Valenzuela and Pacheco. nays: none.

It was the consensus of the city council to send a formal letter on behalf of the City to the NDDOT for the construction of a bypass of the Highway 85 and Highway 23 intersection.

City Planner Moen gave a copy of Temporary Housing Development Standards to the city council for review.

A discussion was held on placing a moratorium on temporary workforce housing in the city limits. Council Member Homiston moved to place a moratorium on temporary workforce housing in the city limits with the exception of expansions on existing permit holders. Motion died for a lack of a second. This item was tabled.

Upon the recommendation of the Board of Health, Council Member Valenzuela moved to approve the application for an Animal Permit submitted by Mark and Dori Sparby to allow 6 animals at their residence located at 212 6th Ave NE in Watford City. The permit will be for their three dogs (“Copper” a Lab; “Marlie” a Lab; “Dolly” an English Bulldog; and their cat “Tigger”). The permit will also include Mark’s brothers dogs (“Zoey” a Cockapoo and “Peanut” a Dachshund) and will expire upon his brother finding housing that will allow animals. It is also understood that if one of the named animals dies or is no longer at this residence it cannot be replaced. This permit will be reviewed upon renewal of their pet licenses in January of each year. Council Member Voll moved to second the motion and carried unanimously.

Council Member Homiston moved to approve a step increase for Daniel Blood from Category 4, Step 0 to Category 4, Step 1 effective April 1, 2011 and also a step increase for Peni Peterson from Category 3, Step 5 to Category 3, Step 6 effective April 16, 2011. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Homiston and Voll. nays: none.

Council Member Homiston moved to accept Police Officer Nathan Weber’s resignation from the W.C. Police Department effective March 7, 2011 and to advertise and fill the position. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Voll, Pacheco, Valenzuela and Homiston. nays: none.

Council Member Homiston moved to approve adding Category 10 – City Planner/Zoning Administrator to the salary step schedule and to move Curt Moen to Category 10, Step 3 effective April 1, 2011. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, Valenzuela and Pacheco. nays: none.

Council Member Voll moved to issue a special event permit to the Fraternal Order of Eagles to serve beer and liquor at the McKenzie County Fair in the Beer Garden at the fairgrounds on July 14-16, 2011 from 1:00 p.m. to 1:00 a.m.; and to serve beer and liquor at the NDRA State Rodeo Finals in the beer garden on the south side in the Multi-Purpose Building at the fairgrounds on September 9-10, 2011 from 5:00 p.m. to 1:00 a.m. contingent on Chief Herfindahl visiting with them concerning compliance with liquor laws. Motion seconded by Council Member Valenzuela and carried unanimously.

Council Member Voll moved to approve raffle permit #655 application for Friends of Relay for Life. Motion seconded by Council Member Valenzuela and carried unanimously.

Council Member Voll moved to approve payment of grant by the Energy Impact Office for $3,040.00 for the Watford City Fire Department. Motion seconded by Council Member Homiston and carried unanimously.

It was the consensus of the City Council to declare May 1, 2011 as “Red, White & Blue Day” and to have Mayor Sanford sign the Loyalty Day Proclamation dated April 4, 2011.

LOYALTY DAY PROCLAMATION

WHEREAS, The day of May 1, 2011 has been dedicated as “Loyalty Day”, and

WHEREAS, the City of Watford City has designated May 1, 2011 as “Red, White & Blue Day”, and

WHEREAS, The City of Watford City desires to honor the valor, service and dedication of its own veterans and service men and women, and

WHEREAS, The City of Watford City calls upon all our citizens in this community to especially honor and show our sincere appreciation for the many veterans and service men and women of this city by wearing Red, White & Blue and displaying your Flag proudly;

NOW, THEREFORE, I, Brent Sanford, Mayor of the City of Watford City, North Dakota, do hereby proclaim May 1, 2011 as “RED, WHITE & BLUE DAY” in the City of Watford City and urge all Watford City residents to honor and show our sincere appreciation for the veterans of this community by deed, remark and attitude. We call upon you to show your thanks to those who have protected our Freedom and our Country by sacrificing their lives. “For Those who have fought for it, freedom has a taste that the protected will never know” Dated this 4th day of April, 2011.

Council Member Voll moved that the City Council approve the bills as listed: EFTPS $10,764.63; EFTPS $328.51; EFTPS $7,803.88; Tasc $277.07; Tasc $1,456.14; NDPERS $502.50; NDPERS $502.50; NDPERS $5,332.34; NDPERS $260.28; ND Job Service $203.16; Payroll $55,415.07; ND Water & Pollution Control $20.00; Petty Cash $263.45; S&G General Contracting $3,350.00; Lowell Cutshaw $1,491.91; Postmaster $897.48; Verizon Wireless $780.71; MDU $9,705.56; TJ’s Pizza $2,500.00; Colonial Insurance $117.15; BCBS $16,229.25; State Tax Commissioner $3,277.62; Symetra Financial $156.50; Abel Enterprises $4,396.56; Advanced Engineering $586.00; Ambient Electric $1,670.20; Andrew Langowski $149.00; Astro Chem $30.00; Badlands Hardware $150.17; Balco $464.00; Barrett Pharmacy $6.52; Black Mountain Software $2,925.00; Brent Sanford $216.50; Carquest $7.30; Charlie’s Service $250.00; CAN Surety $50.00; Comfort Inn $378.00; D & J Cleaners $492.25; Dacotah Paper $98.33; Daniel Blood $30.00; Dash Medical Gloves $69.90; EK Plumbing $469.00; Elliot Excavating $4,720.00; Galls $128.14; Gene’s Tree Service $2,517.00; Hawkins $894.72; Heggen Equipment $1,422.34; Hulsing & Associates $950.70; International Inn $867.20; Jack & Jill $26.92; Justin Voll $216.50; Laser Systems $75.00; M & T Fire & Safety $3,040.00; McKennett Law Firm $6,259.17; McKenzie Building Center $214.55; McKenzie Co Farmer $691.25; McKenzie Co Recorder $104.00; McKenzie County Auditor $600.00; McKenzie County Healthcare $75.00; McKenzie County Tourism $3,687.50; McKenzie Electric $183.00; Melissa Stompro $45.90; Meuchel Computer $154.51; Mondak Portables $680.00; ND Building Official Assoc $30.00; ND League of Cities $25.00; ND Water & Pollution $20.00; Newman Traffic Signs $47.58; OK Implement $396.22; One Call Concepts $32.50; Pioneer Museum $5,000; Respond Systems $197.71; Roughrider Industries $530.00; S & S Motors $545.22; Safeguard Business Systems $295.60; Starion Bond Services $156,558.25; Swanston Equipment $306.36; Troy C White Owl $122.38; Visa $185.00; Wold Bobcat Service $400.00; Xerox $287.79. Motion seconded by Homiston and carried unanimously.

There being no further business, the meeting was adjourned at 10:37 pm. The next regularly scheduled City Council meeting will be on Monday, May 2, 2011 at 7:00 p.m. at City Hall. These minutes are published subject to the City Council’s Review and Revision pursuant to NDCC 40-01-09.1.

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Patricia Skoglund, City Auditor Brent Sanford, Mayor