Of the regular meeting of the board of city commissioners held




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NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


7. Petitions, Communications and Remonstrance’s

8. Report of Commissioners

A. President of the Board

B. Vice-President; Finance Commissioner

1. Legislative Update


Bekkedahl gave an update regarding the legislative, tracking bills and keeping in contact with the Lobbist, Joel Gilbertson and make arrangements to testify if needed. Bekkedahl said he is planning on updating the Commission once a month.


Bekkedahl stated that Mayor Koeser was asked to testify on January 11, 2011 at the HB 1012 – Distribution of Highway Funds and on January 12, 2011 on the HB 1013 – Oil Impact Office Revision; Brent Bogar testified on January 13, 2011 for the BH 1206 – Water System Bill; Brad Bekkedahl testified on January 20, 2011 at the HB 1206 - Western Area Water Supply; HB 1278 – Traffic Fine Bill and HB 1242 – Paved 4-Lane Highway 85.


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


9. Report of Department Heads

A. City Auditor

1. NDPERS Memorandum of Understanding


Sandy Solberg, Deputy Auditor, stated this is a request that the City Commission sign two Memorandum of Understandings for the State Retirement Plan and Health Insurance. Solberg states the need for obtaining personal information for temporary employees who waive participation in the NDPERS retirement and health plans, NDPERS has come up with an alternative. By signing the two MOU’s the employer agrees to keep the waivers for six years, rather than enter the employee information online and send the waivers to NDPERS for that entity to keep for six years.


Solberg said that the City already keeps a copy of all of the waivers and she feels it wouldn’t be a problem to put the original on a six year retention schedule.


Bekkedahl asked if the Commissioners have to fill out the form since they aren’t eligible for the NDPERS, Solberg replied they signed a waiver.


MOTION BY BEKKEDAHL, 2ND BY CYMBALUK, to approve both Memorandum of Understandings as presented and allow the City staff to utilize them as needed.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


B. Attorney

1. Request for the City Prosecutor’s Position


Furuseth commented that he had turned in a request to assume the position of City Prosecutor that Attorney Cathy Howe Schmitz currently holds who will be phasing out possibly in May. Furuseth will be hiring and training a new person to take over the City Prosecution duties.


MOTION BY CYMBALUK, 2ND BY BOGAR, to approve Pete Furuseth’s request.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


C. Director of Public Works/City Engineer

1. Engineering Contracts


Meiers states he has engineering contracts from Wench Associates to provide preliminary engineering and design for a lift station pump modification for the landfill as well as a storm water leachate/detention pond. The work is done on an hourly basis not to exceed the sum of $15,500 for the lift station and $21,400 for the pond design.

MOTION BY KLUG, 2ND BY BEKKEDAHL, to approve the engineering contract with Wench Associates as presented.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0



  1. Improvement District 11-3 Resolutions


Meiers said this is part of Granit Peaks Subdivision approval process was the completion of 26th Street West and 27th Avenue West as an urban road. A special assessment district was proposed to complete the work. The Resolutions are as follows: Resolution No. 11-9 – Creating the District; Resolution No. 11-10 – Directing an Engineering Report; Resolution No. 11-11 – Receiving an Engineering Report and Resolution No. 11-12 – Directs the Preparation of the Plans and Specs.


Meiers said the report proposes that the City pick up the extra street width and pavement depth for the arterial 26th Street costs at $265,000 and the drainage costs of $212,500 to be covered by the City or deferred costs for areas outside the district boundaries that contribute to the drainage area. A protest hearing will need to be scheduled for this project and plan to do so once the City gets plans closer to completion.


MOTION BY BOGAR, 2ND BY CYMBALUK, to approve Resolutions No. 11-9 – Creating the District; Resolution No. 11-10 – Directing an Engineering Report; Resolution No. 11-11 – Receiving an Engineering Report and Resolution No. 11-12 – Directs the Preparation of the Plans and Specs for District 11-3.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


  1. NDDOT Proposal


Meiers commented that during a meeting the NDDOT has requested the use of SRF expand their study scope to our corridor study to cover some additional technical data to support our request for State/Federal Aid for the 11th Street/West Bypass intersection and the alternate truck route for Williston. There is an Addendum to the SRF Engineering Contract in the amount of $74,749.68 or 80% and the City would pay $15,000 or 20% and there will be an Amendment from the NDDOT but Meiers states he hasn’t received it yet.


MOTION BY BEKKEDAHL, 2ND BY BOGAR, to approve the request from the Public Works Director as requested.


Meiers commented that in doing it this way this would speed up the process for a two-year built out otherwise the City would be looking at 2016.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


  1. Landfill Rate Adjustments


Meiers states landfill issues such as nuisance garbage as the landfill is getting more amounts of tires and pallets and the ND Department of Health will not allow the City to burn trees or wood waste which is creating more inert waste.


Meiers is proposing charging for tree disposal and inert landfill rates, pallets cost the City approximately $24/ton to shred and he is proposing that the rates go to $28/ton and tire disposal rates are proposed at $5 for passenger vehicle, $15 for trucks and $25 for equipment tires.

Meiers feels the City should consider adjusting the landfill inert and MSW waste rates as he believes the City of Williston is one of the lowest in the State and providing the waste disposal for much of the oilfield waste haulers.


Koeser suggested Meiers to go ahead with the Resolution.

D. Fire Chief

E. Chief of Police

F. Building Official

G. City Planner

1. Proposed Preliminary Plat for Sublot(s) 8 & 9 NESE Section 12, T154N, R101W, Williston Twp-Olson


Jarcik commented that on January 18, 2011 the Planning Board reviewed and approved the preliminary plat for two Sublots 8 and 9 (approximately 3 ac) with dedication of additional road easement on the north side of the properties. The proposal is to Sublot off the north 3 acres of their property for a single family house development. Two Sublots are being created at this time to retain the rear one acres (Sublot 9) for the horses and corals. The Olson’s would sell Sublot 9 to the Nelson’s at some future point. Residential development is not intended for Sublot 9.


Jarcik said there were discussions regarding the road easement approximately 30 feet on the north and that future development of that road would be at the direction of the Township. Final plat requirements and a title opinion are required.


Jarcik stated it was the Planning and Zoning recommendation to approve the request.


Cymbaluk commented that at the meeting the only comment was on the north side there is a low spot and that Jarcik would allow for drainage and put a culvert, Jarcik replied this will need future clarification between engineering and the Township as they go forward with the final plat. Meiers commented that he feels there should be enough room within the right-of-way to provide a pipe over the fill of the road.


MOTION BY BOGAR, 2ND BY CYMBALUK, to approve the Preliminary Plat for Sublot(s) 8 & 9 NESE Section 12, T154N, R101W, Williston Twp-Olson.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


  1. Final Plat for the Archer Subdivision- Archer Investments


Jarcik states on January 18, 2011 the Planning Board reviewed and approved the final plat for the Arher Subdivision along with the non-protest agreement. Discussions took place regarding the need for an agreement concerning future street improvements for 4th and 6th Avenue West and/or any other necessary improvements. No final site plan has been submitted at this time.


Jarcik said the title opinion has been submitted and reviewed by Pete Furuseth, City Attorney. A park dedication fee will be required at the time of obtaining a building permit and the applicant has been notified regarding the requirement and the surveyor has provided the final plat documents. It is their recommendation to approve the final plat provided the non-protest agreement be recorded along with the final plat.


MOTION BY BOGAR, 2ND BY CYMBALUK, to approve the final plat for the Archer Subdivision provided the non-protest agreement be recorded along with the final plat regarding future improvements.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


3. Appoint two Committees – Portable Restaurants and Committee to look at the Storage for Wrecked Vehicles.


Koeser asked if Jarcik had any idea who he would like for Committee members; Jarcik replied the Planning and Building Departments, City Attorney and Auditor and two Commissioners. Jarcik mentioned Commissioner Bogar and Commissioner Klug volunteered.


MOTION BY CYMBALUK, 2ND BY BOGAR, to appoint Kent Jarcik, Doug Lalim, Pete Furuseth, John Kautzman, Commissioner Bogar and Commissioner Klug.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0

Jarcik is asking for another Committee to be set up regarding a zoning letter of correction that went to Chaney’s Auto Repair and Exhaust and he has several wrecked vehicles and Jarcik would like to look into the issue of a towing impound yard.


Koeser recommended the Committee that was just set up; Jarcik asked that a couple more members be added Chief Lokken and Monte Meiers.


MOTION BY KLUG, 2ND BY BOGAR, to appoint a Committee to look at wrecked vehicles and appoint Kent Jarcik, Commissioners Bogar and Klug, Chief Lokken and Pete Furuseth, City Attorney.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


H. Economic Development

I. Airport

1. Purchase of Used ‘91’ Oshkosh Snow Plow - $75,000 – State Surplus


Steven Kjeergard handed out a packet of an 18-foot snow broom that he would like to purchase. There is a system of measurement used for aviation informing the pilot of the runway conditions and states that anything below 40 he has to issue a NODUM, below 30 tends to get into the “hairy range” and anything below 25 to 22 he will have to shut the airport down due to safety issues. Kjeergard commented that when plowing snow the plow leaves a ¼-inch of snow on the runway. Kjeergard said the City of Williston’s airport is the only one that doesn’t have a snow broom.


Bekkedahl asked what the airport currently is using; Kjeergard replied that he has two 12-foot plows, one spreader truck, large front end plow and a snow blower. Koeser asked if the $75,000 was the price of the equipment, Kjeergard replied the plow costs $60,000 and they added in transporting it from Bismarck to Williston, aviation radio, light on top of the roof and have Oshkosh technicians and go through the plow. Kjeergard said the drive engine has a little under 5,000 hours and the front engine has a little over 3,000 hours on it.


Bekkedahl asked if this is an eligible purchase under normal FAA regulations, Kjeergard said yes but the FAA has been very limited on their funding but he thinks they may be able to get funding reimbursement. Bekkedahl asked if there was an internal loan documentation if the FAA were to give reimburse you, Kjeergard replied yes and it falls under 50% reimbursement from the State.


MOTION BY BEKKEDAHL, 2ND BY BOGAR, to authorize the purchase as outlined by the Airport Manager and ask the Auditor to set up internal documentation for possible FAA reimbursement.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


J. Assessor

K. Convention and Visitor’s Bureau

10. Appointments and Consultations with Officers

A. Cemetery Advisory Board – Luanne Christianson


Commissioner Klug is requesting to appoint Luanne Christianson to the Cemetery Advisory Board to replace Commissioner Cymbaluk.


MOTION BY CYMBALUK, 2ND BY BOGAR, to appoint Luanne Christianson to the Cemetery Advisory Board

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


11. Unfinished Business

A. Semi-Annual Review for Pledge Collateral


HOLD


B. 2007 EDIO Grants


HOLD


C. Consider Maintenance Contract with Ebel – Committee Recommendations


HOLD


  1. Schlumberger Annexation Issue


Meiers said they are ready and there should be some action going soon. Meiers said there will be about a $2.5 million cost for sewer and the water project would cost $500,000. Meiers said they came up a reasonable cost if this was assessed on a benefit basis at 100% special assessment they came up with $500,000. The cost was mentioned to Schlumberger but with the special assessment scenario this would work best for them. Meiers said the City needs to officially respond to Schlumberger if the City is going to provide them with water and sewer and what the cost would be. Koeser asked if the sewer line has the capacity for additional development but the dilemma will be the water line unless the City provides a booster station to provide additional water. Meiers commented that adding the new lift station may provide them with what they need.


Bekkedahl asked when Schlumberger plans on building, Meiers replied this year.


Kautzman commented that there is a legislative bill that asks for a west connection with the State stepping in and paying for a large chunk of these expenses. Bekkedahl mentioned that there are several bills in legislation, to be determined in April, and the minimum the City could be looking at is $20 million that could be used for this project or they could scratch all the bills.


MOTION BY BEKKEDAHL, 2ND BY BOGAR, to offer the water and sewer services to Schlumberger with a direct cost to them for the improvement of $500,000 contingent on their annexing the property to the City.

AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


12. New Business

13. Executive Session

1. Economic Development Issue


Koeser entertained a motion to enter into the executive session for an economic development issue pursuant to Section 44-04-19.1 as authorized by law.


MOTION BY KLUG, 2ND BY CYMBALUK, to move into the executive session pursuant to Section 44-04-19.1 as authorized by law.

MOTION CARRIED UNANOMOUSLY


Koeser called the regular scheduled meeting back in session.


Koeser said Motion #1 has been moved and seconded and this was the only item discussed.


AYE: Klug, Cymbaluk, Bogar, Bekkedahl, Koeser

NAY: None

ABSENT AND NOT VOTING: None

CARRIED: 5-0


14. Adjourn


MOTION BY CYMBALUK, 2ND BY BOGAR, to adjourn.
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