CITY OF WATFORD CITY

CITY COUNCIL MEETING

August 6, 2012

Minutes of the regular City Council meeting held on August 6, 2012 at 6:00 p.m. at City Hall. Present were Mayor Brent Sanford and Council Members Justin Voll, Kris Pacheco, Doug Bolken, Marty Mulder, and Shane Homiston. Absent was Council Member Dave Uhlich (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.

Council Member Voll moved to approve the minutes of the City Council meetings held on July 9, 2012, July 13, 2012, and July 18, 2012 as presented. Motion seconded by Council Member Homiston and carried unanimously.

Jessica Thomasson, Lutheran Social Services (LSS), was present to request that the City issue $11 million in housing revenue bonds to finance 124-units of multifamily housing for low, moderate, and middle income households, a daycare center, and related facilities. Council Member Bolken moved to approve the proposed resolution giving preliminary approval and to set the date of the public hearing for the proposed bond issue as September 4, 2012 at 6:00 p.m. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Bolken, Pacheco, Mulder, Voll, and Homiston; nays: none.

Jody Renbarger was present to review the Roughrider Fund applications. Ms. Renbarger distributed a letter from the Roughrider Fund Committee that asked the Council to reconsider the application by Boomtown Executive Suites LLC which was denied on July 9, 2012, and provided supplementary information regarding the application. Council Member Mulder moved to approve a grant of $25,000 to Boomtown Executive Suites LLC for exterior renovation to their building. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Mulder, Pacheco, Voll, Homiston, and Bolken; nays: none.

Upon the recommendation of the Roughrider Fund Committee, Council Member Homiston moved to accept the Roughrider Fund application submitted by ANOVA Family Health Center (Vonnie Johnson & Anita Pederson) for $36,000 for startup costs, with the condition if ANOVA is sold or goes out of business within three years that the grant will be repaid according to the following schedule: Year 1: 100% repayment; Year 2: 66.67% repayment; Year 3: 33.33% repayment. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Voll, Mulder, and Pacheco; nays: none.

Council Member Voll moved to approve the Subdivision Improvement Agreement and three Development Agreements between the City and Badlands Development II, LLC relating to the Apartment Addition, Patio Home Addition, and Commercial Addition. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Voll, Bolken, Homiston, Mulder, and Pacheco; nays: none.

Council Member Voll moved to approve the Development Agreement and Subdivision Improvement Agreement between the City and CKW Properties, contingent on CKW Properties obtaining bonding. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, Mulder, and Bolken; nays: none.

Council Member Homiston moved to approve the Agreement for Professional Services – Task Order Addition between the City and TD&H Engineering, Inc. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston; Voll, Mulder, Pacheco, and Bolken; nays: none.

Council Member Homiston moved to approve Task Order No. 1 – South Park Addition General Construction Observation Services. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Pacheco, Mulder, and Voll; nays: none.

Council Member Homiston moved to approve Task Order No. 2 – Konrad Norstog Subdivision General Construction Observation Services. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, Mulder, Bolken, and Pacheco; nays: none.

Council Member Homiston moved to approve Task Order No. 3 - Jarvis Sorenson Subdivision General Construction Observation Services. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Mulder, Voll, and Pacheco; nays: none.

Todd Norton, Advanced Engineering and Environmental Services, was present to provide project updates and present three partial pay estimates for review.

Council Member Voll moved to approve Partial Pay Estimate #2 from Merryman Excavation, Inc. (Area 5 Utility Extensions) for $323,904.94. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, Mulder, and Bolken; nays: none.

Council Member Voll moved to approve Partial Pay Estimate #7 from S.J. Louis Construction, Inc. (2011-01 Utility Extensions and Improvements) for $109,097.65. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Voll, Bolken, Mulder, Pacheco, and Homiston; nays: none.

Council Member Voll moved to approve Partial Pay Estimate #1 from Glacier Construction Co. (Wastewater Treatment Facility Improvements – Phase 1) for $148,558.36. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Voll, Bolken, Homiston, Pacheco, and Mulder; nays: none.

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

Ben Weltikol and Oscan Knudtson, Watford City Fire Department, were present to discuss the lack of space at the fire station and the possibility of building on the lot across the street from the fire station.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Simple Lot Split Application submitted by Greg and Shawn Simonson for property located at 1300 Hwy 23 (to relocate the common boundaries between the two existing irregular tracts (IT #2014 and IT #2370) to create one new commercial lot), with the condition that the Simonsons agree to participate in future improvements on 6th Ave NE. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Homiston, Mulder, and Bolken; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Simple Lot Split Application submitted by McKenzie County Grazing Association for property located at 801 2nd Ave SW to split the existing 1.67 acre lot into two lots. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Bolken, Mulder, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Conditional Use Application submitted by McKenzie County School District #1 for property located at 300 3rd St SE to allow for Employee Housing (8-14’ x 64’ mobile homes) with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Mulder and carried by the following roll call vote: ayes: Pacheco, Mulder, Bolken, Voll, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Conditional Use Application submitted by Knife River for property located at 401 14th SW, 3 acres, to allow for a concrete batch plant, 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, Mulder, Pacheco, and Bolken; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Greg Simonson/ Steve’s Spray Foam, LLC for property located at Section 20, T150N, R98W, 1316 11th Ave SE, McKenzie County, 6.06 acres, to I-P from A-2. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, Bolken, and Mulder; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Jarvis and Kadie Sorenson and Bakken Development Solutions for property located at NW ¼ Section 22, T150N, R98W, McKenzie County, 92.88 acres, to R-1, R-4, C-B, and C-1 from A-2. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Voll, Mulder, and Pacheco; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Warren Hovland for property located at E1/2SE1/4 Section 23, T150N, R99W, McKenzie County, 35 acres, to H-I from A-2. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Mulder, Bolken, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Edward Schilke and Travis Evans for property located at SWSE, E1/2 SWSW, SESW Section 29, T150N, R98W, McKenzie County, 105.58 acres, to I-P from A-2. Motion seconded by Council Member Mulder and carried by the following roll call vote: ayes: Homiston, Mulder, Voll, Bolken, and Pacheco; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Preliminary Plat submitted by Edward Schilke and Travis Evans for property located at SWSE, E1/2 SWSW, SESW Section 29, T150N, R98W, McKenzie County, 105.58 acres (Plat of GTI Subdivision). Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Mulder, Bolken, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Preliminary Plat submitted by Jarvis and Kadie Sorenson and Bakken Development Solutions for property located at NW ¼ Section 22, T150N, R98W, McKenzie County, 92.88 acres (Plat of The Crossings at Watford City Subdivision). Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, Mulder, Pacheco, and Bolken; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Subdivision Final Plat submitted by GT Investments, Inc. for property located at E1/2, NE1/4, NE1/4 Section 17, T150N, R98W, McKenzie County, 20 acres (Plat of Polaris Subdivision), contingent on an approved Development Agreement and proof of bonding. Motion seconded by Council Member Mulder and carried by the following roll call vote: ayes: Pacheco, Mulder, Homiston, Voll, and Bolken; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Final Plat submitted by CKW Properties, LLC for property located at Part of Government Lot 3 & 4, Section 19, T150N, R98W, McKenzie County, 48.35 acres (Plat of South Park Addition), contingent on an approved Development Agreement and proof of bonding. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Voll, Mulder, and Pacheco; nays: none.

Council Member Homiston moved to hire Fallon Maston as the VOE Student at $9.50/hour. Motion seconded by Council Member Pacheco and carried unanimously.

Council Member Homiston moved to approve a step increase for Dawn Tschetter from Category 3, Step 3 to Category 3, Step 4 effective August 1, 2012, and a step increase for Laura Anderson from Category 10, Step 0 to Category 10, Step 1 effective August 1, 2012. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Pacheco, Mulder, and Voll; nays: none.

Council Member Homiston moved to accept Sergeant Troy White Owl’s resignation. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, Bolken, and Mulder; nays: none.

Council Member Homiston moved to allow Police Chief Herfindahl to promote an officer to the sergeant position at Category 7, Step 0. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Homiston, Bolken, Pacheco, Mulder, and Voll; nays: none.

Council Member Homiston moved to approve hiring a new police officer. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Voll, Mulder, and Bolken; nays: none.

Council Member Homiston moved to approve allowing Superintendent of Public Works Smith to advertise internally for a foreman position at Category 6. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Mulder, Bolken, and Voll; nays: none.

Council Member Homiston moved to approve allowing Peni Peterson and Dawn Tschetter to work reduced hours (7 hours/day necessary to maintain benefits) during the 2012-2013 school year, subject to successful completion of a 90-day probationary period. Motion seconded by Council Member Mulder and carried by the following roll call vote: Homiston, Mulder, Voll, Pacheco, and Bolken; nays: none.

Council Member Pacheco moved to approve the Second Reading on Ordinance #273 Annexing Property to the City of Watford City per Annexation Application submitted by Mark Johnsrud, Badlands Development (Single Family Addition; 48.69 acres of land lying in the N1/2NW1/4 of Section 24, T150N, R99W) contingent on receipt of a survey map of the property to be annexed. Motion seconded by Council Member Mulder and carried by the following roll call vote: ayes: Pacheco, Mulder, Voll, Homiston, and Bolken; nays: none.

Council Member Pacheco moved to approve the Second Reading on Ordinance #274 Annexing Property to the City of Watford City per Annexation Application submitted by Mark Johnsrud, Badlands Development (Power Fuels headquarters; 101.25 acres of land lying in the NE1/4 of Section 21, T150N, R98W) contingent on receipt of a survey map of the property to be annexed. Motion seconded by Council Member Bolken and carried by the following roll call vote: ayes: Pacheco, Bolken, Mulder, Voll, Homiston; nays: none.

Council Member Pacheco moved to approve the Second Reading on Ordinance #275 Annexing Property to the City of Watford City per Annexation Application submitted by MRC Development (Pheasant Hills Subdivision) (236.8 acres of land lying in NE1/4 SE1/4, Section 14, T150N, R99W), contingent on receipt from Badlands Development of a survey map of the property to be annexed by Ordinance #273. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Pacheco, Homiston, Voll, Bolken, and Mulder; nays: none.

Council Member Pacheco moved to approve the Second Reading on Ordinance #278 Annexing Property to the City of Watford City per Annexation Application submitted by Warren Hovland, 22.21 acres at 401 14th St SW (Section 23, T150N, R99W). Motion seconded by Council Member Mulder and carried by the following roll call vote: ayes: Pacheco, Mulder, Bolken, Homiston, and Voll; nays: none.