Of the meeting of the board of city commissioners held




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MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, to enter into the Service Agreement Contract with Joel Gilbertson in the amount of $25,000.


Klug said he would like to amend the motion to appoint a Representative of Williston to approve the expenses and asked who that would be; Kautzman said that would be presented to the Board for Board approved action. Bekkedahl said he agrees with Commissioner Klug.


Klug asked to amend the motion to appoint the Finance Commissioner, Brad Bekkedahl, be the representative for Williston.


MOTION BY KLUG, 2ND BY CYMBALUK, to amend the motion and appoint Finance Commissioner, Brad Bekkedahl, as the Representative for Williston to oversee the expenses.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


Original Motion Passed as Presented.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


  1. Letter of Credit Request Concern


Koeser commented in the negotiations with the State the Governor was willing to get involved in special assessment projects. Koeser said if a developer buys land than the developer puts in the underground water and sewer and allow them to special assess the above ground, curb and gutter, streets, etc and then State would give the City of Williston a Letter of Credit to cover half of the costs. Koeser said the developer’s portion is 50%, the City of Williston’s portion is 25% and the State’s portion is 25%.


Koeser said normally there is a charge for the Letter of Credit in the amount of approximately $7,000 a year and asked Kautzman if that was correct, Kautzman said it’s all based on the amount of the loan and that with a loan of $1.9 million it would be $7,250.


Koeser said what the Commission is doing is asking the Governor to consider covering that cost while the Letter of Credit is in place and is looking for permission to send a letter to the Governor.


MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, Send a letter to the Governor requesting the payment for the Letter of Credit in the amount of $7,250.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


Kautzman commented that there should be a motion for the Mayor to sign off on all the paperwork forthcoming from the Bank of North Dakota.


MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, to approve the Mayor to sign off on the necessary paperwork.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


B. Vice-President; Finance Commissioner

C. Street and Improvement, Sanitation, Cemetery and Public Works Commissioner

D. Fire, Police, and Ambulance Commissioner

E. Water Works, Sewer, Airport, Building and Planning Commissioner

1. Airport Manager Position Update


Koeser commented that a Committee of Brent Bogar, Ward Koeser, John Kautzman and Shawn Wenko met to go through the interview process for the Airport Manager’s position. Koeser said there were several applications received and the committee interviewed the two top candidates.


Koeser said the Committee’s recommendation was to hire Steven Kjergaard with a starting salary Range 50 Step 12 at $47,131 and would start December 1st, 2010. Kjergaard has requested the City of Williston pay $2,000 in relocation expenses as well. Kjergaard is currently employed at the Teterboro Airport as Airport Operations Coordinator in New Jersey. Kjergaard is originally from Minnesota and has a Bachelors Degree in Marketing with a Minor in Aviation Management from the University of Minnesota – Mankato.


MOTION BY KLUG, 2ND BY BEKKEDAHL, to hire Steven Kjergaard as the Airport Manager with a salary Range 50 Step 12 at $47,131 and relocation expenses in the amount of $2,000.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


9. Report of Department Heads

A. City Auditor

1. SRF Letter


Kautzman said he had been talking with the State about a possible SRF loan that may be needed for the sewer plant. Kautzman spoke with Dave Bergsagel, State Representative, suggested to communicate in a letter to him that the loan request would be forthcoming so at least we are “on the radar screen”. Kautzman said he is asking permission to write the letter with the highest dollar amount possible and pin it down as the project moves forward.


Koeser asked what the interest rate was, Kautzman replied 3%.


MOTION BY BEKKEDAHL, 2ND BY CYMBALUK, to approve the City Auditor to send a letter to the State for the intent of looking for an SRF loan.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


  1. Posted Deposits in Utility Billing


Kautzman said many years ago there use to be a meter deposit of $10. Kautzman is asking to clear out and apply this deposit as a credit to those who have water accounts with a total of $6,912.44 for all older accounts with that type of deposit on record. Kautzman said the only items that are tracked are key deposits for the water dispensers and renters deposit.


MOTION BY KLUG, 2ND BY CYMBALUK, to approve the City Auditor to refund the posted deposits to the water bills of the rightful recipients.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


  1. MDU Rental Agreement – Building Dept.


Kautzman handed out the Rental Agreement to the Board and commented that the City of Williston has asked for the Right of First Purchase and there is a clause that they can sell it at any time and they will notify the City.


Kautzman commented that this will be an added cost since it wasn’t in the budget and the Board should be aware that there are several requests coming forward where they aren’t in the budget, and Kautzman states that he understands the need to be flexible, but there needs to be a process on how it’s reviewed and become comfortable with the added costs that are being absorbed, which doesn’t blend well to a balanced budget. Kautzman stated the monthly amount will be $1,300.


MOTION BY BEKKEDAHL, 2ND BY CYMBALUK, to accept the Lease Agreement with MDU for the Building Department to lease the space and authorize the Building Department to move into said space and make sure all lease agreements, prior to signature, by the Mayor have been reviewed appropriately by department heads and the attorney.


Cymbaluk asked if the request for funds to move should be dealt with first before approving the lease agreement, Lalim said if the funds aren’t there they will “be sitting on the floor” and there won’t be phones.

Kautzman commented that if the other items aren’t approved the Lease Agreement won’t be signed.

AYE: Bekkedahl, Klug, Koeser

NAY: None

ABSTAIN: Cymbaluk

ABSENT & NOT VOTING: Bogar

CARRIED: 3-0


  1. Assignment of Lease & Consent to Assignment – Vizina


Kautzman said this is a lease, in the name of Don Vizina, for hangar space located at the Middle 42.5’ Lot P-8 of Sloulin Field International Airport to change the Assignment of Lease to Charles and Kimberly Vizina. Kautzman suggested having the attorney review the lease before approving it.


MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, to approve the Assignment of Lease & Consent to Assignment from Don Vizina to Charles and Kimberly Vizina subject to the Airport Manager’s verification that there is an aircraft stored in the hangar.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


Koeser commented that during the Airport Manager interviews it had been suggested that the new Airport Manager go through and evaluate the rent on all the hangars making sure the City is charging a fair rental amount.


5. Airport Counter Lease – Transferring the name from Wendel’s to

Skalsky’s Auto.


Kautzman said there is a lease for Avis Rent-A-Car under Gary Wendel’s name and his son-in-law Mr. Skalsky is looking at a name change to Skalsky on the lease subject to the attorney’s review and approval.


MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, to approve the name change on the Lease to Skalsky Incorporated d.b.a. Avis Rent-A-Car.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


B. Attorney

1. Permission to Retain Legal Assistance to Help in our Quiet Title Action

Against the State on the Oil Well


Furuseth met with the Committee members and Kent Reierson, from the Crowley Law Firm, Tuesday to discuss Reierson’s assistance in this matter. Furuseth feels this will be a “huge” legal issue affecting more people than the City of Williston and felt that bring on another attorney would be beneficial for him and the Crowley Law Firm has the resources to help with this issue. Furuseth said if this reaches full scale litigation there will be a lot research and writing that will have to be done and Crowley Law Firm has done a lot of work in the natural resources sector of the law.


Furuseth is asking the Board for their approval to retain Kent Reierson, Crowley Law Firm, with this matter. Furuseth commented that there is quite a bit at stake and it would be nice to have other lawyers for their recommendations and use their resources.


MOTION BY CYMBALUKL, 2ND BY BEKKEDAHL, to retain Kent Reierson, Crowley Law Firm, to assist the City Attorney with this matter.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


Furuseth stated the Committee members at this meeting were Commissioner Bekkedahl, Ward Koeser, John Kautzman, Kent Reierson and Pete Furuseth and he is asking the Board permission to meet and be given the authority to make decisions based upon what is happening during the litigation. Bekkedahl commented that they would have the ability to bring those decisions directly to the Commission if deemed necessary and Furuseth stated if they didn’t feel comfortable making the decision. Kautzman commented that this would have to be in a closed hearing since these meetings are not public.

MOTION BY CYMBALUK, 2ND BY KLUG, to appoint Commissioner Bekkedahl, Ward Koeser, John Kautzman, Kent Reierson and Pete Furuseth to the Committee.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0


C. Director of Public Works/City Engineer

1. Sanitary Sewer Easement


Meiers stated in the 1950’s there was a sewer line installed on the west end of Williston, Hillcrest Subdivision, but there is no record of an easement for the sewer main. The property owner is planning to develop the land and has given the City the easement.


Meiers is requesting that the Commission President be authorized to sign the easement.


MOTION BY CYMBALUK, 2ND BY BEKKEDAHL, to approve the Commission President to sign the easement.

AYE: Cymbaluk, Bekkedahl, Klug, Koeser

NAY: None

ABSENT & NOT VOTING: Bogar

CARRIED: 4-0



  1. Waste Water Treatment Plant Alternative


Meiers states submitting an alternate for the waste water treatment plant expansion. Advanced Engineering came back with another Alternative E to a capacity of 23,200 to 25,000 population equivalency by doing this. Meiers said Commissioners Bogar and Klug haven’t had the opportunity to look at these options and would like to know if there are any comments or questions at this time and he is hoping by the next Commission meeting they will have some recommendations to bring to the Board.


Bekkedahl asked if its Scenario Five he is looking at – construct additional Polishing Ponds and convert part of the emergency pond to an aerated cell, expand pretreatment, Meiers replied yes. Meiers explained how the process will work and where it will be located. Bekkedahl asked if there is a depth limit to the systems, Meiers replied they are around 12-15 feet otherwise they can run into problems. Meiers said this can run approximately $15 million when converting from full aeration to continuous discharge.


Koeser asked if Meiers had a ballpark figure on the waste water costs would be, Meiers replied the initial phase is take 27 acres and that would increase to about 3,000 people taking it to 20,000 which would be approximately $9 to $9.5 million and to take it to a population of 24,000 than the cost would be $18 million.


  1. Public Input Meetings


Meiers states there are three Federal Aid Projects next year that have a public input meeting requirement as part of their project development. The first one is located at 9th Avenue West from 9th Avenue Northwest to 18th Street; 13th Avenue West from 18th Street to 26th Street; 18th Street West from West Bypass to 16th Avenue West, plus the Transportation Enhancement bike path from 16th Avenue West to the East.


Meiers announced 2 Public Meetings - Wednesday October 27th from 4:00PM to 6:00PM at City Hall for the Bike Path and 9th Avenue West and Thursday October 28th from 4:00PM to 6:00PM at City Hall.

D. Fire Chief

1. Financing of Air Pack’s


Chief Hanson commented that in the budget hearing there was talk about purchasing 12 more air packs over a five-year period in a purchase plan. Hanson stated Kautzman had some other recommendations.

Kautzman said the Board approved the lease plan but instead of assigning a lease plan and pay somebody at a 4.75% rate Kautzman would prefer that to have the City loan the money to the Fire Department and have the Fire Department pay the City annually for the loaned amount of $66,000, which is what they will be doing by going to an outside party. Kautzman said they will still pay the 4.75% but that interest will come back to the City.
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