CITY OF WATFORD CITY

CITY COUNCIL MEETING

May 7, 2012

Minutes of the regular City Council meeting held on May 7, 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 was Council Member 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.

Council Member Voll moved to approve the minutes of the City Council meetings held on April 2, April 10 (Board of Equalization), and April 26, 2012 as presented. Motion seconded by Council Member Valenzuela and carried unanimously.

Mayor Sanford called the Public Hearing, as advertised, to order for the Application for Annexation submitted by Mark Bragg, Fox Hills Village, LLC. 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 Tim Giles and Konrad Norstog. There were no written comments or comments from the public. The Public Hearing was closed.

Lindsay Wingerter, Homefest Committee, was present to request that part of Main Street be blocked off and that alcohol be allowed on Main Street during Homefest, June 22-23rd. Council Member Valenzuela moved to allow the Homefest Committee to block off Main Street from First International Bank to Larsen Service Drug from 7:00 p.m. Friday, June 22nd to 1:00 a.m. Saturday, June 23rd with alcohol allowed within a restricted area and also to allow the same streets to be blocked off from 9:00 a.m. Saturday, June 23rd to 1:00 a.m. Sunday, June 24th with alcohol allowed within a restricted area from 8:00 p.m. to 1:00 a.m. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Valenzuela, Voll, Homiston, and Pacheco; nays: none.

Robin Arndt, Watford City Park District, was present to request that the Park District be allowed to install a baseball/softball field on City property south of the fishing pond. Mr. Arndt noted that installation of the field would be contingent upon the Park District receiving Energy Impact Office grant funding. Council Member Valenzuela moved to approve allowing the Park District to install a baseball/softball field on the City’s property south of the fishing pond. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Voll, Pacheco, and Valenzuela; nays: none.

Council Member Pacheco reviewed the Roughrider Fund application submitted by the McKenzie County Fair Board. Upon the recommendation of the Roughrider Fund Committee, Council Member Pacheco moved to accept the Roughrider Fund application submitted by McKenzie County Fair Board and to approve a $10,000 grant for bringing a carnival to the 2012 fair. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll, and Homiston; nays: none

Council Member Pacheco reviewed the Roughrider Fund application submitted by the Lewis & Clark Trail Museum. Upon the recommendation of the Roughrider Fund Committee, Council Member Pacheco moved to accept the Roughrider Fund application submitted by the Lewis & Clark Trail Museum and to approve a $35,000 grant for building restoration, with payment to be made upon submission of receipts. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Homiston, Voll, Pacheco, and Valenzuela; nays: none.

Council Member Pacheco reviewed the Roughrider Fund application submitted by Vawnita Best. Upon the recommendation of the Roughrider Fund Committee, Council Member Pacheco moved to accept the Roughrider Fund application submitted by Vawnita Best and to approve a $25,000 grant toward the production of a documentary titled “Legacy of Land – Commitment to Community and Livelihood” with half of the funds to be dispersed up front and half dispersed when the project is completed. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Valenzuela, Homiston, Voll, and Pacheco; nays: none.

Council Member Pacheco reviewed the Roughrider Fund application submitted by the City of Watford City. Upon the recommendation of the Roughrider Fund Committee, Council Member Pacheco moved to accept the Roughrider Fund application submitted by the City of Watford City and to approve a $2,500 grant for the purchase of electrical panels to extend temporary electrical service to Main Street for use with community events on Main Street. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, Valenzuela; nays: none.

Daniel Blood was present to ask the Council to consider amending the Ordinance relating to the disposition of impounded dogs and cats. The issue was referred to the Ordinance Committee.

Council Member Homiston moved that within 45 days from the date of this meeting all mobile food vendors within City limits and the extraterritorial area must come into compliance with current zoning ordinances (allowed in zones A-1 and A-2) and that any vendors located in within City limits must obtain a transient merchant license from the City. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Homiston, Voll, and Valenzuela; nays: Pacheco. Attorney Voll noted that each infraction of a zoning ordinance carries a penalty of up to $500 per day.

Mayor Sanford left the meeting at 7:04 p.m. Council Member Voll presided in Mayor Sanford’s absence.

Rick Noll, Clarence Kemp, and Brent Crowther, Forsgren Associates, Inc. were present to introduce their firm.

Council Member Uhlich joined the meeting at 7:06 p.m.

Todd Norton, Advanced Engineering, reported that bids for the Area 5 Utilities Extensions and Improvements project had been opened on May 3rd, with the low bid received from Merryman Excavation, Inc. Council Member Pacheco moved to award the bid for the Area 5 Utility Extensions and Improvements project to Merryman Excavation, Inc. for $1,385,308.40. Motion was seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Homiston, and Uhlich; nays: none.

Council Member Valenzuela moved to approve Task Order #15 (Area 5 Utility Extensions – Construction and Post-Construction Phases) for $151,000. Motion was seconded by Council Member Homiston and carried by the following roll call vote: ayes: Valenzuela, Homiston, Uhlich, and Pacheco; nays: none.

Council Member Homiston moved to approve Task Order #13 (2012-01 Water Main Improvements – Final Design and Bidding Phases) for $35,800. Motion was seconded by Council Member Uhlich and carried by the following roll call vote: ayes: Homiston, Pacheco, Uhlich, and Valenzuela; nays: none.

Council Member Valenzuela moved to approve Advanced Engineering proceeding with the 2012 Infrastructure Master Plan for a fee of $236,230. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Valenzuela, Pacheco, Uhlich, and Homiston; nays: none.

Gene Koch, P.C. was present and reviewed the audit report for the year ended December 31, 2010.

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

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Farmers Union Oil, Co for property located at NE1/4SW1/4 of Section 19, T150N, R98W, McKenzie County, 12.99 acres, to C-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 Uhlich; nays: none.

Upon the recommendation of the Planning Commission, Council Member Uhlich moved to approve the Conditional Use Application submitted by Precision Well Service, Inc. to allow for a 10,000 gallon diesel tank located at 2000 2nd Ave SW, Lot 1, Block 8, Watford City Courtyard Addition. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Pacheco, Uhlich, Homiston, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Conditional Use Application submitted by Mak Properties, Inc. to allow for Employee Housing located at S1/2SE1/4 Section 8, R150N, T98W, McKenzie County allowing for up to 7 RV units on the site. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Valenzuela, Homiston, Uhlich, and Pacheco; nays: none

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Conditional Use Application submitted by JW Enterprises, LLC to allow Employee Housing located at S1/2 SE1/4 Section 24, T150N, R99W, McKenzie County, 2.91 acres with the condition that the septic system is verified as adequate by a certified septic service or engineer. Motion seconded by Council Member Uhlich and carried by the following roll call vote: ayes: Uhlich, Valenzuela, Pacheco, and Homiston; nays; none

Mayor Sanford returned to the meeting at 7:44 p.m.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Zone Change Application submitted by Fox Hills Village, LLC for property located at NE1/4 Section 20, NW1/4 Section 21, T150N, R98W, McKenzie County, 320 acres, to R-1, R-2, R-3, R-4, C-1, C-2, C-B from A-2 with the conditions set forth under Recommendations in the Staff Report. Motion seconded by Council Member Uhlich and carried by the following roll call vote: ayes: Homiston, Valenzuela, Uhlich, Pacheco, and Voll; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Subdivision Preliminary Plat (Phase 1) submitted by Fox Hills Village, LLC located at NE1/4 Section 20, NW1/4 Section 21, T150N, R98W, McKenzie County, 320 acres. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Uhlich, Pacheco, Valenzuela, and Homiston; nays: none.

Council Member Homiston stepped away from the table at 7:53 p.m.

Upon the recommendation of the Planning Commission, Council Member Pacheco moved to approve the Subdivision Preliminary Plat submitted by Wild West Investments, LLC located at S1/2 of NE1/4 & NW1/4 Section 26, T150N, R99W, McKenzie County, 120.03 acres. Motion seconded by Council Member Voll and carried by the following roll call vote: ayes: Valenzuela, Uhlich, Pacheco, and Voll; nays: none

Council Member Homiston returned to the table at 7:55 p.m.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Zone Change Application submitted by Kirk Wold, CKW Properties, LLP for property located at Section 19, TWP 150N, R98W, McKenzie County, 48.35 acres, to C-1, C-2, C-B 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: Pacheco, Voll, Uhlich, Homiston, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Preliminary Plat submitted by Kirk Wold, CKW, LLP located at Section 19, TWP 150N, R98W, McKenzie County, 48.35 acres. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Uhlich, Pacheco, Voll, and Valenzuela; nays: none.

Upon the recommendation of the Planning Commission, Council Member Valenzuela moved to approve the Subdivision Final Plat submitted by Golden Welch located at SE1/4 Section 13, T150N, R99W, Watford City. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Valenzuela, Homiston, Pacheco, Voll, and Uhlich; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Subdivision Preliminary Plat submitted by GT Investments, Inc located at E1/2 NE1/4 Section 17, T150N, R98W, McKenzie County, 20 acres. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Pacheco, Valenzuela, Voll, Uhlich, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Preliminary Plat submitted by S Harling Bryan located at NE1/4 SE1/4 Section 14, T150N, R99W, McKenzie County, 236.8 acres. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Homiston, Pacheco, Valenzuela, Voll, and Uhlich; nays: none.

Upon the recommendation of the Planning Commission, Council Member Voll moved to approve the Subdivision Final Plat submitted by Greg & Monica Simonson located at Section 18, T150N, R98W, McKenzie County contingent upon submittal of the Development Agreement, proof of bonding, and correction of the final plat. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Valenzuela, Uhlich, and Homiston; nays: none.

Upon the recommendation of the Planning Commission, Council Member Homiston moved to approve the Subdivision Final Plat submitted by ND Venture, LLC for property located at 2001 Main St N, Section 12, T150N, R99W, McKenzie County contingent upon submittal of the Development Agreement and proof of bonding. Motion seconded by Council Member Valenzuela and carried by the following roll call vote: ayes: Homiston, Valenzuela, Voll, Pacheco, and Uhlich; nays: none.

Council Member Voll moved to approve the Lawn Maintenance Contracts with Todd Hayden for 2012 lawn maintenance services at City Hall and Long X Visitor Center. Motion seconded by Council Member Homiston and carried by the following roll call vote: ayes: Voll, Homiston, Pacheco, Valenzuela, and Uhlich; nays: none.

Council Member Voll moved to approve the First Reading on Application for Annexation submitted by Mark Bragg, Fox Hills Village, LLC. Motion seconded by Council Member Pacheco and carried unanimously.

Council Member Voll moved to approve the First Reading on Application for Annexation submitted by Tim Giles and Konrad Norstog. Motion seconded by Council Member Homiston and carried unanimously.

Council Member Voll moved to approve the Second Reading on Ordinance #264 Annexing Property to the City of Watford City per Annexation Application submitted by Stenehjem Development, LLC. Motion seconded by Council Member Pacheco and carried by the following roll call vote: ayes: Voll, Pacheco, Valenzuela, Homiston and Uhlich; nays: none.

Council Member Voll moved to approve the Second Reading on Ordinance #265 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 Pacheco and carried by the following roll call vote: ayes: Voll, Uhlich, Homiston, Pacheco, and Valenzuela; nays: none.