February 4, Chairman Kalil called meeting to order. Innis called roll of Ramberg-here, Aberle-here, Hanson-here, and Montgomery-here.

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1 February 4, 2014 The Williams County Commission met this 4 th day of February 2014, beginning at 8:00 AM in the Memorial Room of the Williams County Courthouse. Chairman Kalil called meeting to order. Innis called roll of Ramberg-here, Aberle-here, Hanson-here, and Montgomery-here. There being a quorum, Chairman Kalil proceeded. Montgomery moved Hanson seconded approval of the assessor s errors for CCS Midstream Services LLC a keying error located on Sublots Section 1 T154 R101 Outlot 1 in SWNW Section 1 T154 R101 to the City of Williston from 95,400 to 4,400 and O Neil Company a keying error located on Sublots Section 1 T154 R101 Sublot 1 in SWNE Section 1 T154 R101 to the City of Williston from 4,400 to 95,400. Motion Aberle moved Ramberg seconded approval of the assessor s error for Leland E Bartlett due to assessment of stick built but it is a mobile home with additions located in Unplatted Springbrook Tract S of Railroad N of E of City of Springbrook Addition Section 18 T155 R99 from 59,100 to 29,500. Motion Hanson moved Aberle seconded approval of the Homestead Credit abatements for 2013 Hilda Banning located on Lot 8, Lot 9, Lot 10 & S 20 Lot 11, Block B5 Wright Subdivision Addition to the City of Williston and 2012 Shane Shefsted located Tract in the SWSWNE Section 2 T153 R100 Stony Creek Township. Motion Montgomery move Hanson seconded approval of the Disabled Veterans Credit abatement for 2013 Daryl Beard Round Prairie Estates Outlot 10. Motion Aberle moved Ramberg seconded approval of the abatement 2013 Kenneth H Lobell located Section 9 T156 R96 Wt Bank Township due to crew housing assessment and 2013 Kent/Karen Horob located L16 Thomas Subdivision in the City of Williston due to fire damage. Motion Montgomery moved Hanson seconded approval of the escaped assessments for AE2S BVI LLC 1946 RR Harmon Field Garden L9, 10, 11, 12 plus area west to Main St vacated in 1974 in the City of Williston due to omitted property of 2,099,600 and Orville M Erickson L1 ex W 40 & L2 ex W 40 B1 Zavanna Subdivision in the City of Williston due to omitted property of 773,700 assessed on Rose Land LLC. Motion Kallemyen presented a correction from the January meeting regarding the abatement for Lanoga Corporation (Pro Build) which was denied and afterwards she received a letter from the applicant withdrawing the abatement. The City of Williston denied the abatement on January 28, Busching reported that he received $375, from the 2 nd grant go round from the AG s office. There will be a 10% grant match. Hanson moved Montgomery seconded adoption of the Resolution to Increase the Existing Emergency Services Communication (911) Fee from $1.00 to $1.50, to placed on the June 10, 2014 Primary Election ballot for County wide approval. Motion (Complete resolution on copy in Auditor s office) Sizemore updated the Commission on the State Building Codes updates. 1

2 Montgomery moved Hanson seconded authorizing Sizemore to purchase a scanner printer to be shared with the Planning/Zoning Department. Motion Estimated price is $10, Hanson moved Aberle seconded to add/modify the fee schedule for the Plan Review in the Building Department proposed at 25% of the Building Permit Fee when the Building Permit Valuation exceeds $99, Motion Discussion was held on the sign regulations and to incorporate the new regulations with the Cities within the County. Pacheco will get a proposal to the Commission at the March meetings. Discussion was held on incorporating a Flood Plan Administrator into the job description of the Building or Planning/Zoning Administrator. Chairman Kalil opened the public hearing for the section line closure of the 300 of 121 st Ave NW between 60 th St NW and 61 st St NW along the railroad of the section line between Section 32 and 33 T156 R98 Wheelock Township. Carl Simpson representing Crestwood Crude Logistics explaining that they will be installing railroad tracks that will b set to the east of the existing BNSF mainline and their tracks will impact the railroad crossing on County Road #8 between 122 nd Ave NW and 121 st Ave NW. The construction will removed the majority of the blind spot east embankment due to the elevation difference between the road and the existing field. With the Crestwood tracks running parallel with the BNSF mainline County Road #8 will require one set of crossing arms. During the construction Crestwood will also level out the road from the east and west of the crossing. Approximately 2 feet will be removed off the crest of the road in order to improve the safety and visibility of the vehicle traffic on County Road #8. The project will eliminate a long awaited goal of the Williams County Highway Department and provide a safer route of travel for the local community. Anya Marmuscak spoke with landowners and they are tentatively willing to sell the property stated Simpson. There being no one in opposition to the closing Chairman Kalil closed the hearing. Aberle started that one of the individuals they spoke to is not the owner but leasing the land for farming and the Township has not given any comments to the Commission. Aberle moved Hanson seconded to deny the request until documentation of approval is brought in from the landowners and Township. Motion Variance from the minimum lot size requirement in an agricultural district presented for Jonie/Jamie Slater owner Bryon/Terri Rider. The Slater s have a mobile home on the property of their parents ( Rider) since 2008 and also on the property is the Rider home. There are two septic systems on the property but were never approved by the UMDHU. In attendance were Terri/Byron Rider, Jonie Slater, and Roger Bearce. Bearce is attendance to sell, if possible enough acreage for their septic. Hanson moved Ramberg seconded to table any action located in Section 30 T153 R102 Trenton Township to see if any arrangements can be agreed upon by the neighbors. Motion (Jonie/Jamie Slater Byron/Terri Rider) Conditional use permit for non-conforming use presented for Basin ET Properties Inc/Earl Westereng to operate a business on this property for the use of two homes for rentals. There are two houses on this property making it a non-conforming use since this zoning has a density of one dwelling unit per 10 acres. The older home is being rented by one family while the basement of that home has three bedrooms that are designed to be rented. One of the bedrooms is being rented by an employee of Alltite. The second home is set up the same way with a family renting the main floor and Alltite is renting ne bedroom in the basement for living space and one for office space. Kameron Hymer alerted the office that there was a business out. Pacheco stated that Westereng is permitted for all of this, but Westereng has not been able to meet with the Stony Creek Board. Rik Ostert in attendance with road 2

3 issues as he believes the road is public not owned by anyone. Aberle moved Hanson seconded denial of the business and campers but to allow the two houses located in the SWNW Section 22 T Stony Creek Township and to have the business removed by May 1, 2014, but to allow for multi-family rentals. Motion (Basin ET Properties Inc/Earl Westereng) Conditional use permit presented for Perry Brother s Trucking (Kevin Bernis) to allow for the owner to live on site and operate trucking business on residential property. Matt Huddleston in attendance stating that they have re-routed traffic as to not bother the neighbors and they need additional time to find suitable housing, Commissioner Aberle questioned the validity of two signatures on the petition that was submitted. Aberle pointed out that two signatures looked the same and Commissioner Kalil explained that the signatures were in the line for printed names and printed names were on the signature line, Commissioner Aberle acknowledged that the names were interchanged and acknowledged the correction by Commissioner Kalil. Aberle moved Montgomery seconded to deny the conditional use permit located on N2E2N2NE4 Section 8 T154 R01 Williston Township with everything to be removed by May 1, Roll call vote: Ramberg-yes, Aberle-yes, Hanson-no, Montgomery-yes, and Kalil-no. Motion (Perry Brother s Trucking) Conditional use permit presented for Mike Stewart for a temporary housing renewal. Discussion was held on the additional put onto the campers. Hanson moved Aberle seconded to follow the recommendation of Planning/Zoning of approval for the 12 campers until October 1, 2014, with 30 days for the removal of all other RV s and unpermitted structures and/or additions located in the E2SE4SE4 Section 5 T154 R103 Round Prairie Township. Motion (Mike Stewart) Conditional use permit presented for Savage Companies for fuel storage and part time living quarters. Hanson moved Aberle seconded to follow the recommendations of Planning/Zoning of approval with the following conditions of the coordinated improvement of 141 st Ave NW (CR-4) with the County Highway Road Department; compliance with all other County requirements such as building permits and final inspections prior to receipt of certificate of occupancy; drainage plan, on-site dust control plan, traffic study, stormwater management plan and road improvements plans should be submitted for review and approval to the County Building Department as part of the building permit process; no onsite storage of crude oil or fuel or oil products except for he fueling tanks needed for company use only; and no aspect of the facilities can be used for temporary housing during training and all existing apartments in shop shall be removed within 30 days of approval located on Lot 2R Rearrangement of Lot 1 Block 3 in Don Sorenson Petroleum Park Subdivision of Section 24 T154 R102 Judson Township. Motion (Savage Companies) Hanson moved Ramberg seconded to table any action on the conditional use permits for Energy Electric Distribution and Purity Oilfield Services LLC. Motion The Commission took a break. The Commission meeting resumed. Time for the appeal for the noncompliance with County Zoning Ordinances for Kurt Leppang. A letter was sent from Kameron Hymer dated December 10, 2013 stating that when he visited the site that there were three RV s on the property located in the Little Muddy Estates Subdivision Pherrin Township. There is not a permitted use for RV s in agriculture districts. With the count of three temporary housing units on the property at $1, per day per unit starting as of December 13, 2013 the civil penalties are $12, Leppang and his attorney Gary Beaudry in attendance to present the case. The RV s in violation have been removed. Leppang stated that of the units two were his and one of those has been 3

4 removed and the other one is still there. Leppang stated that he was under the understanding that when he got a permit he was allowed RV s for the workers. The workforce policy has been rescinded. Leppang stated that he was told by a State Legislature told him he could have them according to something he heard on the radio. Hanson moved Ramberg seconded to cut the fine by 1/3 down to $4, Roll call vote: Aberle-yes, Hanson-yes, Montgomery-yes, Ramberg-yes, and Kalil-yes. Motion Nelson introduced Cal Beckman from XTO regarding wells located near Lewis/Clark State Park. Chairman Kalil left the meeting at 10:32 AM and Vice-Chairman Montgomery chairing the meeting. Nelson reported on the agreement the County has with XTO concerning roads and what roads will be used to enter and exist the well location and to be used by service vehicles not trucks. Beckman stated that they are requesting to be released from the agreement as they only have one well pad, but KODIAK who has more well sites and are willing to assume the agreement. Nelson stated that KODIAK has not followed the agreement to date, but Toby Romo is here now so he will get into compliance with the agreement. Gregg Corcoran, Lewis/Clark State Park Ranger said that since Romo is local it will be easier to work on issues. The park roads are off limits as there is a separate road to go to the sites. NO OILFIELD TRAFFIC signs are to be posted. Hopefully the commitment between the State Park and XTO will continue with a new agreement with KODIAK. Aberle moved Hanson seconded the transferring the agreement to KODIAK with the adding of responsible contacts name and telephone number. Motion Pacheco discussed the crew camp policy from the City of Williston Planning/Zoning Department adopted by the City Commission on September 10, 2013 and different items that the County needs to have in their policy. Kallemyen stated that she will be meeting with the State February 14 th regarding crew housing. Hanson moved Aberle seconded to table any action concerning crew housing until March 4 th meeting. Motion Pedersen presented a proposal from Telemasters affiliated with Triangle Electric for the audio video system for the Memorial Room and Broadway Commons in the amount of $12, Chairman Kalil returned to the meeting at 11:14 AM and resumed chairing the meeting. Hanson moved Aberle seconded to accept the proposal from Telemasters as presented by Pedersen in the amount of $12, Motion Montgomery moved Aberle seconded authorizing the Chairman to sign the annual Maintenance Certification for County Federal Aid Projects stating that the County is properly maintaining the projects that had federal aid for construction. Motion Nelson received a letter from the City of Ray requesting the County s assistance for the maintenance of the ½ mile of a roadway which was annexed into the City of Ray in August the portion of the roadway is located just south of US Highway 2 at County Road #17. In October 2012 the Commission agreed to maintain the road for a period of one year to give the City of Ray a plan in place to maintain the road. Since that time the City has completed a street maintenance inventory to primarily address paved road in their community. The inventory determined that approximately $7 M are needed to protect the City s investment on street infrastructure. Due to the high costs the City will be prioritizing 4

5 projects focusing on critical accesses to businesses and emergency services along streets such as Score and Main Street and First and Third Avenues. At this time the City of Ray does not currently have the capability to routinely and efficiently maintain the gravel roadway along County Road #17. The Commissioners authorized Nelson to speak with the City of Ray and handle the situation. Aberle moved Hanson seconded approval of the joint powers agreement with Divide County for culverts. Motion Montgomery moved Hanson seconded acceptance of the agreement with Neff, Eiken & Neff PC for the County Mental Health Contract and County Sexual Dangerous Offender Contract for a period of two years ending January 31, Motion Aberle moved Montgomery seconded the appointment of Kevin Christensen to the City Planning Board. Motion Jim Seidel turned in his resignation on the Weather Modification Board. Another Board member will try to be found. Hanson moved Aberle seconded authorizing the Chairman to sign the easement and construction agreement with Dakota Commercial, Mercy Medical Apartments concerning the excess surface drainage from the Broadway Commons lot onto their lot thereby posing a flood hazard, whereas the County will at their sole cost and expense to lay and install and construct a drainage pipe and other infrastructure over their property to ameliorate the excess surface storm water flows. Motion (Complete copy on file in Deanna Senior, Project Liaison s office) Hanson moved Aberle seconded approval of the duplicate warrant requests for Cummins Power LLC in the amount of $1, dated November 13, 2013 and the EFT request for Farmvale Township in the amount of $25, dated December 18, Motion There being no further business, the meeting recessed at 11:42 AM. 5

WILLIAMS COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES

WILLIAMS COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES Thursday, June 21, 2018 6:00 p.m. COMMISSION ROOM Williams County Administration Building 206 E Broadway, Williston, ND 58801 COMMISSION MEMBERS: