December 3, 2013
The Williams County Commission met this 3rd day of December 2013, beginning at 8:00 AM in the
Memorial Room of the Williams County Courthouse.
Innis called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hanson-here,
Montgomery-here, and Kalil-here.
The Board re-organized as follows:
Innis called for nominations for Chairman. Hanson moved Montgomery seconded to nominate Dan Kalil
for Chairman. Hanson moved Aberle seconded that nominations cease and a unanimous ballot be cast
for Dan Kalil for Chairman. Motion carried.
Chairman Kalil called for nominations for Vice-Chairman. Aberle moved Hanson seconded to nominate
David Montgomery for Vice-Chairman. Aberle moved Hanson seconded that nominations cease and a
unanimous ballot be cast for David Montgomery for Vice-Chairman. Motion carried.
Evenson reported on the progress of the tax statements.
Busching presented vehicle bids for 15 new vehicles with complete funding from the Attorney General’s
Office and 3 replacements for the new Home Car Program for his deputies. Bids were received from
Select Ford in the amount of $35,800.00 each and Murphy’s in the amount of $34,444.00 each.
Busching recommends the bid from Murphy. Aberle moved Hanson seconded to follow the
recommendation of Busching and accept the bid from Murphy’s in the amount of $34,444.00 for 18
vehicles. Motion carried.
Busching gave an update on the Correctional Center.
Kallemeyn reported, per the request of Hebron Township to assume their assessing effective January,
2104, due to the retirement of their local assessor Harvey Lee.
Montgomery moved Aberle seconded approval of the following Homestead Credit abatements for 2013
William R Webb of West Hill Rearrangement B3 L8 B4 in the City of Williston; 2013 Darleen Kochel of
Simons 2nd Addition L6 B22 in the City of Ray; 2012 Douglas A McEvers of Westlawn 2nd Addition L4 B27
in the City of Williston; 2013 Madelaine Linke of North Meadows Subdivision Inverwood Townhomes
Unit #1604 L10 B1 in the City of Williston; 2013 Barry L Johnson Marmon 2nd Addition L9 B3 in the City of
Williston; 2012/20133 Newman Kim Power of Ray City Westside Addition L11, 12 B7; 2013 Diane Sailer
of Villa East Rearrangement L5 B1 in the City of Williston; 2013 Betty A Michels Hi-land Heights 1st
Subdivision L10 B1 in the City of Williston; Disabled Veterans Credit 2013 Kevin Karella Miller 1st Addition
L7 B1 in the City of Williston; flood damage 2011 Dale E/Sharon E Fessler Williston Township West Acres
Estates Subdivision L1; and fire loss 2013 Iron Branch Development LLC Williston Township Mountain
Ranch Subdivision L5 B1. Motion carried.
Martin moved Ramberg seconded approval of the escaped assessments for 2011/2012 Randy/Lucinda
Semingson City of Ray South Park Addition Re-arrangement L1, 2, 3 L1 B2. Motion carried.
Kallemeyn was instructed to bring the crew housing monies collected to the December 9th meeting.
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Hallesy explained the Geo Comm. 911 project to the Commission where individuals will be going around
the County to verify addresses. Hallesy will get press releases out next week to notify the public about
this project and individuals will be going around and they are doing a legitimate project.
Discussion was held on the AE2S re-addressing project in the new growth area.
The Board received correspondence requesting comments, if any concerning a water tank project by the
City of Ray. The Commission offered no comments for or against the project.
Nelson reported that there will be a public hearing for the West Bypass project December 18th beginning
at 5:00 at the Williston High School Auditorium and a public hearing December 19th beginning at 5:00
PM at the Hampton Inn on the bridge south of Williston on Highway 85.
Prout received a call from Scott Harmstad from SRF Consulting stating that the NDDOT is looking for
landowners who would be willing to allow the State to test and then possibly use soil on property for
the West Bypass project. What the State would do is first test the soil and if it is considered viable soil
then the State would pay .75 to $1.00 per cubic yard for soil used. All landowners who agree to this
would get the same per cubic yard. The State would then take off the top soil, then excavate soil
proposed right of way. The soil would be used to build up certain parts of the road. The County is not
prepared to sell any dirt for use at this time, as we will need to develop our site plan for our new County
Highway Facility, but Prout can authorize them to go ahead and test the soils.
Prout received a letter from Howard D Swanson, Swanson & Warcup LTD attorney for Material Testing
Services requesting that any further correspondence regarding the claims by Williams County regarding
the construction of County Road #21 be sent to him.
Discussion was held on County Road #21. Aberle moved Hanson seconded to pay Mayo Construction for
the work done on County Road #21. Aberle amended his motion Hanson seconded the amendment to
pay Mayo Construction with gravel costs included. Motion carried.
Montgomery moved Ramberg seconded to pursue our engineering firm, Wold Engineering to obtain
reimbursement for the mistake on the gravel cost on County Road #21. Motion carried.
Conditional use permit presented for Mike Palmer and Wade Slater/Abe Owen to construct a Recreation
Sports and Shooting Complex. It will be for the community to use by the 4-H, park board, school
systems, trap shooting clubs, and recreational use with a family friendly environment and no monies will
be solicited from non-profit entities. Wade Slater gave the lay out of the complex and explained the
safety factors that have been included in the plan. Slater explained that Steve Mortenson will also be
involved with this project, as he is an adjacent landowner. Hanson moved Aberle seconded approval as
recommended by Planning/Zoning subject to the following conditions of approval for 5 years and
required approval from all government agencies located in the NW4 Section 21 T154 R102 (160.5 acres)
Judson Township. Roll call vote: Ramberg-yes, Aberle-yes, Hanson-yes, Montgomery-yes, and Kalil-yes.
Motion carried. (Mike Palmer and Wade Slater/Abe Owen)
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Conditional use permit presented for Real Presence Radio/Mark Weyrauch to construct a 499 foot radio
tower to broadcast 104.1 FM signal as well as to allow for the rental of any extra tower space (radio
signal, cell phone, internet, etc.). The applicant will need to obtain access to the site as part of the
building permit process, as well as provide other utilities to the site to allow it to operate. The tower
project has received FAA approval. Their FCC approval is currently pending. All historical entities have
been notified. Ramberg moved Aberle seconded approval located on the S edge of the N2 Section 23
T156 R98 (119 acres) Wheelock Township. Motion carried. (Real Presence Radio/Mark Weyrauch)
Conditional use permit presented for Martin Reiger for renewal of temporary housing consisting of 20
RV’s. The site has rural water in place with 2 hook-ups. There are four 1,500 gallon septic tanks and a
drain field in place with one tank to be used for 5 RV’s and is currently a closed camp. Aberle moved
Hanson seconded approval until October 31, 2014 located in the SE4SE4 Section 10 T154 R97 Nesson
Valley Township. Motion carried. (Martin Reiger)
Conditional use permit presented for Sakakawe’a Ventures LLC -Chris Valenti/Jerol Gohrick for a SWD
treating facility. Discussion was held on exactly what oilfield ventures do the County have jurisdiction
over. If these are regulated by the State then why is the County wasting their time on these? The
Commission stated that care needs to be taken where the line is drawn to protect people around the
facilities from the impacts. Ramberg moved Hanson seconded to follow the recommendation from
planning/Zoning of approval located in the NW4NW4 Section 21 T159 R95 (6.5 acres) Sauk Valley
Township. Motion carried. (Sakakawe’a Ventures LLC-Chris Valenti/Jerol Gohrick)
Zone change from agriculture to industrial and minor subdivision presented for Lloyd Kihle for the 155
acres for the purpose of selling the property to anyone who may want to develop the land industrial.
The minor subdivision will consist of parcels of land that will retain the agriculture zoning and these
parcels are intended to be given to family members. There was no input from surrounding landowners.
Jeff/Joni Kihle stated they are planning on building their home and a buffer zone will be placed. Janice
Arnson stated that she would like to see a tree buffer. Montgomery moved Aberle seconded
recommending approval of the zone change and minor subdivision with the following conditions set
forth by Planning/Zoning of zoning to be approve contingent on the submittal of an application to
subdivide the property and develop it; compliance with the City of Williston Light Industrial District
standards/landscape standards/Section 25 Supplementary District Regulations; development of the 155
acres shall require approval of a subdivision plat; 40’ right of way easement along 140th and 51st and
future 11h Avenue; and 100’ road right of way located in the E2SE4 Section 18 T154 R101 (155 acres to
be re-zoned and 45 acres to be subdivided) Williston Township. Roll call vote: Aberle-yes, Hanson-yes,
Montgomery-yes, Ramberg-yes, and Kalil-yes. Motion carried. (Lloyd Kihle)
Conditional use permit location for Dallas Lalim for a water depot was discussed. At the May 23rd
Planning/Zoning meeting Lalim requested his permit which was tabled as there was opposition to the
depot from surrounding landowners in regards to the traffic impact on surrounding Township roads.
Lalim was directed by the Board to visit with residents to find a new location for the depot that answers
their concerns. On June 13 Lalim returned and the new location for the depot was satisfactory to the
residents at which time it was approved by the Commission. The problem is that there was not a public
hearing to the change of location and that is why we are returning today. Recently Mr. Daniel Weyrauch
contacted Planning/Zoning and various Board members that he was not notified of the depot.
Weyrauch was in attendance today re-affirming his concerns. Hanson moved Aberle seconded for
approval of the approved motion dated July 9th 2013 for the depot located in the SE4SW4 Section 33
T155 R96 Farmvale Township. Roll call vote: Hanson-yes, Montgomery-yes, Ramberg-yes, Aberle-yes,
and Kalil-yes. Motion carried. (Dallas Lalim)
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Montgomery moved Aberle seconded to accept the offer from SRF for right of way acquisition of
$30,000.00 per acre for parcel 13-1 along the west bypass and authorize Innis to sign the documents on
behalf of the County. Motion carried.
Hanson moved Aberle seconded approval the repurchase of City of Williston Larson-Stang Addition L19
B6 in the amount of $431.21 by former owner Bentaro J Huset. Motion carried.
Montgomery moved Aberle seconded approval of the County Deeds from the annual tax foreclosure
sale of: Bentaro J Huset City of Williston Larson-Stang Addition L19 B6; Bradley Parker and Brenda
Parker City of Williston Westlawn 2nd Addition L9 B21; and James M Stephen and Verna Nelson City of
Ray South Park Addition Rearrangement of L 1, 2, 3 B1 and Lot 1 B2 E 75’ X 128’ in L1 B1. Motion
carried.
Hanson moved Aberle seconded to advertise for a public hearing for the purpose of considering the
closure of the 300’ of 121st Ave NW between 60th St NW and 61st St NW along the railroad of the section
line between Sections 32 and 33 T156 R98 Wheelock Township to be held January 14 2014 beginning at
8:00 AM. Motion carried.
Stephen Halonen, General Contractor JP Structures Inc., gave a presentation of Construction Manager at
Risk (CMAR) which is a team work approach to construction project. This concept of CMAR is in the
NDCC 48-01.2. Montgomery moved Ramberg seconded authorizing Senior to send out RFQ’s for a
CMAR for the County Highway Facility. Motion carried.
Discussion was held on an individual that stopped payment on his check to the County for his Frost Law
Permits received earlier this year. The individual claims that his truck quit working and he never used
the permit. The Commission advised Prout to pursue legal action against the individual to try and
recover the money.
Senior reported on the space adjustments in the States Attorney’s office and the move of IT into the old
County Agent’s vacated space.
Hanson moved Aberle seconded acceptance of the Stormwater Management Plan Review Fees
presented by the Water Board. Motion carried.
Montgomery moved Hanson seconded authorizing the Tax Valuation Office to assume the assessing of
Hebron Township. Motion carried.
Montgomery moved Aberle seconded approval of the cancelled warrants and Treasurer’s checks as
follows:
Treasurer’s Checks
Check #
Date
Name
For
Amount
47899
07/26/2011
Hemphill Trucking Inc
Overpayment
$130.00
48610
08/22/2011
Nordic Pest control
Services
$10.00
50901
01/12/2012
Chicago Title Company
Refund 2011 taxes
$11.20
4
st
51463
02/15/2012
21 Mortgage Corp
Refund
$383.72
53494
06/26/2012
Joyce Erickson
Refund 2012 MH
$5.14
53625
07/09/2012
First International Bank
Recording Fees
$9.00
54066
08/03/2012
Noble Royalties Inc
Recording Fees
$73.00
54121
08/14/2012
Sean Mackiewicz
Refund 2012 MH
$13.93
54948
10/02/2012
Zavanna LLC
Recording Fees
$14.00
56477
12/28/2012
CEFCU
Refund 2012 taxes
$111.26
TOTAL
$761.25
Warrants
49182
10/10/2011
Patricia Clausen
Duplicate
warrant
$5.55
51239
02/14/2012
Febco Inc dba Comfort
Lodging
$455.00
51459
022/15/2012
Levi A Cabler
Training
meals
$30.00
52212
04/10/2012
Cayle Paulson
Spelling bee
$23.92
55647
11/13/2012
Kyle Martin
Witness Fee
$50.00
55648
11/13/2012
Jake Messick
Witness Fee
$25.00
TOTAL
$589.47
Motion carried.
Innis will contact the political parties for input concerning the election precincts for 2014.
There being no further business, the meeting recessed 11:02 AM
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