New Williams County Zoning Ordinance and Subdivision Regulations

Transcription

1 September 15, 2015 The Williams County Commission reconvened this 15 th day of September 2015, beginning at 8:00 AM in the Memorial Room of the Williams County Courthouse. Chairman Montgomery called the meeting to order. Innis took roll call of: Ramberg-here, Aberle-here, Hanson-here, and Kalil-yes. There being a quorum, Chairman Montgomery proceeded. Chairman Montgomery stated that a motion has to be given to hold an Executive Session at 9:30 AM for Attorney consultation to discuss Pilot Mediation. The legal authority for holding an Executive Session is NDCC Section subsection2, and NDCC Section subsection 1. Kalil moved Aberle seconded to hold an Executive Session at 9:30 AM in the old VSO office. Motion carried. The open meeting will continue and the Board will take a break at 9:30 AM for the Executive Session. Chairman Montgomery opened the public hearing for the 2 nd reading of the new Williams County Zoning Ordinance and Subdivision Regulations. Hanson stated that he was questioned as to why there is nothing in the regulations concerning sodium vapor lighting or directional lighting coming in his back yard. Simmon Logan, Planning Manager reminded the Commission that this document is dynamic and can be changed or amended for circumstances that may arise. Vicki Hollen questioned the acreage requirement for parcel splitting from 10A to 40A and how this will now affect the current zoning on parcels that are less than the 40A. Logan stated that the zoning will remain same, but beginning today forward the minimum is a 40A parcel. Hollen questioned if someone could build a home on an existing parcel less than 40A and Logan stated yes. There being no further questions for or against, Chairman Montgomery closed the public hearing. Kalil moved Hanson seconded the adoption of the new Williams County Zoning Ordinance and Subdivision Regulations effective September 15, Roll call vote: Ramberg-yes, Aberle-yes, Montgomery-yes, Hanson-yes, and Kalil-yes. Motion carried. (Copy on the Williams County website, Planning/Zoning office and filed copy at the Williams County Recorder s Office) A thank you was given to the Planning/zoning Department for all of their work on the new ordinance and regulations. Mike Smith, EMS Director gave a tower update. The west tower will need to be replaced with a 120 tower as to get antenna separation for better service for the users in the western part of the County ($53,810.00), south tower building needs to be replaced with a new 8X8 communication building ($27,300.00), and the north tower he would like to purchase the site from NCC to include 3.4A, 24X24 building, Smith had the Assessor s give him an appraisal price and the offer is well below the appraisal price ($45,000.00). Smith stated that there are 911 funds available. Hanson moved Kalil seconded authorizing Smith to expend $126, for the needed updates from the 911 fund. Motion carried. Kalil moved Hanson seconded authorizing States Attorney Wilder to send Madden (Forensic Evidence) and Votava (Drug Prosecution) training in Las Vegas NV with the funds to come from their drug forfeiture monies. Motion carried. Innis requested from the Commission how they would like the monthly bills to be reviewed as they as they are now in the consent agenda. The Commissioners stated they would look at them at the meeting versus sending them in an . Aberle moved Hanson seconded approval of the consent agenda items as follows: 1

2 1. Bills, fund adjustments, and fees from the various departments of Sheriff-$183,115.94, Auditor-$1,725.00, Recorder-$88, totaling-$273, Abatements:2013/2014 Arthur/Ann Anderson Buford Township Section 6 EX RR & HWY L1 (29.41) EX DD PTS L8 (40.0) L9 (40.0) T152 R103; 2013/2014 Arthur/Ann Anderson Buford Township Section 9 E2E2SW S of RR EX State T152 R104; 2014 Aqui -Gem Incorporated Missouri Ridge Township Section 14 T155 R101 W2W2NESE W2E2W2NESE; 2014 Aqui -Gem Incorporated Missouri Ridge Township Section 14 T155 R101 NESE EX W2NESE W2E2W2NESE ST & DD; 2014 Kelly Booke Missouri Ridge Township Section 20 T155 R101 NE EX DD PTS; 2014 Kelly Booke Missouri Ridge Township Section 20 T155 R101 NW; 2014 Jeffrey B Brigham Missouri Ridge Township Section 20 T155 R101 NENENE; 2014 CCR-Williston III LLC Missouri Ridge Township Section 22 T155 R101 NENE; 2014 Steven P Eide Pleasant Valley Township Tract X in N2SWNW Section 5 T156 R95; 2014 Flint Energy Services Inc. Williston Township Bennett Industrial Park L1 B1; 2014 Milton Glovatsky Missouri Ridge Township SW Section 16 T155 R101; 2014 Galen Jr/Cheryl Harshbarger Trenton Township Berger First Subdivision L1R B5; 2014 Kent/Karen Horob Missouri Ridge Township Section 21 T155 R101 N2NW EX DD PTS NWNE; 2014 Isabelle M Hughes Inheritance Trust Missouri Ridge Township Section 15 T155 R101 SW/ Section 16 T155 R101 SE/Section 21 T155 R101 E2NE/ Section 22 T155 R101 W2NE SENE EX PT Sublot 2 (7.38A) Section 22 T155 R101 NW; 2014 Paula K Karg/Gail M Geist Trenton Township Berger First Subdivision L2R Rearrangement L1 B1; 2013/2014 Macbain Properties ND LLC. City of Williston Williston Rail Industrial Park Subdivision L5 EX STATE B2; 2014 Mortenson Trucking & Rental Missouri Ridge Township Section 15 T155 R101 SWSE; 2014 Gary/Peggy Schmitz Missouri Ridge Township Section 14 T155 R101 Tract in N2SW; 2013/2014 Seel Family Trust Buford Township Section 11 T152 R104 NW EX RR & HWY; 2013/2014 Gerald/Linda Selby Buford Township Section 16 T152 R104 W2E2NW EX HWY & DD PTS; 2014 Norman T Streifel ETUX City of Williston S2SWSW EX 3.94Ac PT N of County 6 NOT ANNEXED & EX STATE Section 14; 2014 Norman T Streifel ETUX Missouri Ridge Township Section 15 T155 R101 SESE; 2014 Robert C Weyrauch Missouri Ridge Township Section 17 T155 R101 E2SE SWSE SENE; 2013/2014 Williston State College City of Williston Williston Rail Industrial Park Subdivision L3 B2; 2013/2014 Jerry Zimmerman Buford Township Section 9 T152 R104 SWSE NWSE South of RR; 2014 Bennette Industrial Park LLC. Williston Township Bennett Industrial Park 3 rd Addition Subdivision L10 B1/L11 B1/L12 B1; and Calfrac Well Service Williston Township Bennette industrial Park 3 rd Addition Subdivision L3 B1/L1R Rearrangement of L4,5 B1/L2R Rearrangement of L4,5 B1. 3. Prorate of Assessments for 2015 City of Ray Ray City Park Addition Rearrangement B12 L2 B12 from 32,800 to 0; 2015Nesson Public School District #2 Ray City Viall Addition L2 Ex N 40 L3 and L4 Ex S 10 B2 from 145,800 to 36,500; and 2015 Williston Public School District #1 City of Williston Orville Erickson Subdivision from 14,536 to 13, Assessor s Errors for Milton Glovatsky Missouri Ridge Township SW EX STATE Section 16 T155 R101 from 364,466 to 359,600; Steven P Eide Pleasant Valley Township Tract X in N2SWNW Section 5 T156 R95; Alva J Field Trust Judson Township T154 R102 Section 13 N2NE EX ST from 38,624 to 35,324; Allen/Arlen Dominek Judson Township T154 R102 Section 13 SENE EX ST; Galen Jr./Cheryl Harshbarger Trenton Township L1R EX State Berger First Subdivision T152 R104 from 250,490 to 250,438; Isabelle Hughes Inheritance Trust Missouri Ridge Township NW EX STATE Section 22 T155 R101 from 24,100 to 23,260/SW EX STATE Section 15 from 45,468 to 42,084/SE EX STATE Section 16 from 23,590 from 23,590 to 22,532/S2NE EX STATE Section 21 from 11,108 to 10,680; Norman T Streifel ETUX Missouri Ridge Township SESE EX STATE Section 15 from 4,528 to 4,332; Karen/Kent Horab Missouri Ridge Township N2NW EX DD PTS & STATE NWNE EX STATE Section 21 T155 R101 from 36,168 to 2

3 33,184; Kelly Booke Missouri Ridge Township NW EX STATE Section 20 T155 R101 from 72,406 to 70,520/NE EX DD PTS & STATE Section 20 from 74,920 to 73,692; Badlands Power Fuels Inc. Missouri Ridge Township SW EX STATE Section 17 T155 R101 from 94,712 to 87,230; Aqui -Gem Incorporated Missouri Ridge Township NESE EX W2W2NESE & STATE Section 14 T155 R101 from 7,546 to 7,348/ W2W2NESE W2E2W2NESE EX STATE Section 14 T155 R101 from 7,576 to 7,202; Paula K Karg/Gail M Geist Trenton Township L2R Rearrangement L1 EX STATE B1 Berger s First Subdivision from 130,000 to 129,180; Robert C Weyrauch Missouri Ridge Township E2SE SWSE SENE EX STATE Section 17 T155 R101 from 125,342 to 120,076; Gary/Peggy Schmitz Missouri Ridge Township Tract in N2SW EX STATE Section 14 T155 R101 from 273,538 to 273,064; Jeffrey B Brigham Missouri Ridge Township NENENE EX STATE Section 20 T155 R101 from 431,200 to 425,920; Mortenson Trucking & Rental Missouri Ridge Township SWSE EX STATE Section 15 T155 R101 from 583,568 to 583,078; Seel Family Trust Buford Township NW EX RR & HWY & STATE Section 11 T152 R104 from 66,742 to 66,524; Jerry Zimmerman Buford Township SWSE NWSE South of RR Section 9 T152 R104 from 39,334 to 36,696; Gerald/Linda Selby Buford Township W2E2NW EX STATE Section 16 T152 R104 from 24,290 to 23,845; Arthur N/Ann B Anderson Buford Township E2E2SW S of RR EX ST Section 9 T152 R104 from 20,264 to 15,408/ Buford Township L1 (29.41 EX DD PTS & STATE L8 (40.0) EX STATE L9 EX RR & HWY Section 6 T152 R103 from 54,692 to 54,514 ; Three Aces Properties LLC. Williston City Crouse Subdivision Rearrangement Blk 1 Blk B2 Lot 16 EX 2049 SF DED TO 9 th Ave NW B2 L6 EX 2049 SF DED TO 9 th Ave NW from 1,228,000 to 1,183,200; Schlumberger Technology Corp Judson Township T154 R102 Section 14 Sublot 22 rearrangement S/L11 from 10,028,600 to 348,500; Kathy Neset Tioga Township T157 R95 Section 23 SW EX STATE & DD PTS from 36,980 to 34,014; Hiland Crude LLC. Twelve Mile Township MS Section 28 T154 R99 from 758 to 0; Enbridge Pipelines LLC. Grenora Township NE EX DD PTS Section 14 T159 R103 from 36,266 to 0/ Dry Fork Township SENE Section 5 T155 R95/Pleasant Valley Township Sublot #2 in S2S2 EX PT SL 3 Section 32 T156 R95 from 143,058 to 0; Sybil Esterby Blue Ridge Township SWSE Section 21 T159 R100 from 41,108 to 3,698; Norman T Streifel ETUX Williston City W2NW NENW EX DD PTS & STATE Section 23 from 9,724 to 9,704/Williston City S2SWSW EX 3.94 Ac PT N of County 6 not annexed & EX STATE Section 14 from 10,082 to 3,620; Gregory Company LLC. Williston City 15Ac Tract in N2NWNW Section 23 from 927,190 to 927,124; Williston State College Williston City Williston Rail Industrial Park Subdivision L3 EX STATE B2 from 929,200 to 916,200; Macbain Properties ND, LLC. Williston City Williston Rail Industrial Park Subdivision L5 EX STATE B2 from 9,297,800 to 9,290,000; and Jeffrey/Ashley Stein Pherrin Township Little Muddy Estates L1 B4 from 348,600 to 268, Out of State travel for Katie Lima (Building Division Director) and Mike Sizemore (Development Services Director) to attend ICC Conference in Los Angeles in October Road Crossing Permit for Midcontinent Communications to place/plow conduit along west side of County 1 Judson Township Section 20 T154 R102. Yana Ness, Senior Planner presented Planning/Zoning items. Conditional use permit presented for Ken Menlove/James Mitton (no one present) for a caretaker s residence. The caretaker s residence would be a 1,440 sq. ft. area on the 2 nd floor above the proposed commercial office, as part of a self-storage unit facility. The facility is managed by a married couple with a child. Aberle drove out to the site and no construction has started and until the facility has been built there is no need for a caretaker residence. They have not applied for a building permit. Hanson moved Ramberg seconded approval located as Lot 1 Block 2 a rearrangement of Lot 1 Block 9 in Missouri Ridge Commercial Park Section 12 T155 R101 with conditions that once the storage units are constructed then 3

4 they can have the caretaker residence, adhere to Williams County design criteria, adhere to Water Resources Board requirements, the CUP shall not be transferrable at the time of a sale of the property and/or business, approval for one year, and building permits, inspections, shall be required for all structures on sites. Motion carried. (Ken Menlove/James Mitton) Conditional use permit presented for Glenn Boyeff/Hiland Crude LLC. (Glenn Boyeff and Mike Fisher present) for a crude oil pumping station to boost the gathering pressure to move oil north ward toward an injection point. The pump skid will be 14 wide X 45 long in size, containing pump room and electrical room. Fisher stated that they have taken care of the drainage concerns, will send Beebe the details for the trackout pad, and they have received an approach permit. Hanson moved Aberle seconded approval located as MS in the NE4 Section 28 /T154 R99 /Twelve Mile Township with conditions that the CUP shall not be transferrable to another owner nor the property, building permits, inspections shall be required for all new structures on site, verify setbacks at 133 from section line, provide and maintain trackout pad, provide for drainage arrows and label more contours, provide a finish floor, and grading plans need to be submitted and be sealed by North Dakota Engineer. Motion carried. (Glenn Boyeff/Hiland Crude LLC.) Conditional use permit presented for April Metz (April Metz and Alden Hewson present) for an equipment storage yard. Hanson moved Kalil seconded approval located as MS in the NE4 Section 28 T159 R100 Blue Ridge Township with conditions that the CUP shall not be transferrable to another owner or property and building permits, inspections shall be required for all new structures on site for a period of one year. Motion carried. Hanson moved Kalil seconded to amend the motion from a one year period to five years. Motion carried. (April Metz) Sizemore updated the Commission that crew housing has gone from approximately 4,000 beds down to 2,081 beds. This shows that the industry is downsizing. Dennis Nelson, County Highway Superintendent questioned whether he should continue to put the recommendation of trackout pads on Planning/Zoning item reviews. The Commission stated to continue to put it on there and if they don t feel it is necessary they will strike it off of the recommendations. Kalil moved Aberle seconded authorizing Nelson to travel to Rapid City SD for a road conference in October. Motion carried. Nelson reported that the bridge reports are not ready yet for the Federal Aid paperwork. This will be discussed October 26 th at 10:20 AM at the NDACo conference in Bismarck with the NDDOT. Currently in our Federal Aid Program three is $574, estimated total funding available. Ramberg moved Aberle seconded giving Nelson permission to obtain consultants to continue to keep our upcoming projects shelf ready for funding purposes. Motion carried. Nelson gave a project update. Aberle moved Kalil seconded acceptance of the Williams County Highway Department 2014 Annual Report. Motion carried. Nelson reported on the ND Oil/Gas Producing Counties Meeting. They are looking at going strictly E permit system. Aberle reported that in the spring at our annual Industry meeting the questions will be posed as to whether they want to pay a blanket permit or the Ton/mile permit. 4

5 George Pederson, Facilities Director gave a remodel update. The Commission advised Pederson to proceed with the asbestos abatement on the first floor involved with the 2 nd floor court room addition. Helen Askim, HR Director updated the budgets to reflect the approved salary increases. Askim gave an open positions report. Kalil moved Hanson seconded to fill the 8 positions requested by Askim. Motion carried. (Copy included in minutes) Askim presented the vacation carry forward report. (Copy included in minutes) Kalil moved Hanson seconded the Funeral Leave Policy amended to include Up to 4 weeks of additional time off may be requested and will be paid from accrued vacation leave or compensatory time balances, if all leave balance have been exhausted, donations of vacation may be approved through the Human Resources Department. Motion carried. (Copy included in minutes) Kristi Hanson, Auditor s Office CFO presented the monthly financial reports and will incorporate graphs in the near future to the reports. Kalil moved Hanson seconded acceptance of the Auditor s monthly reports. Motion carried. Hanson presented budgets for the new Facilities Construction Projects and the Housing Fund. (Funds 114, 116, 216, and 505) Kalil moved Hanson seconded appointment of Corey Paryzek to the Missouri River Advisory Council representing Williams County. Motion carried. Karen Prout, Special Assistant States Attorney stated that she is working on the Memorandum of Understanding with Sheridan Electric regarding moving of their lines that were not placed out at the property distance. The Commission and Nelson stated that there should be a penalty clause of $2, per day and notice should be given as soon as the County knows they will be moving the road, which may be up to 12 months. Prout will incorporate these in the MOU. Kalil moved Aberle seconded to reimburse Ray Pacheco $50.00 per hour totaling $ for his deposition in the Pilot case as he is no longer an employee. Motion carried. Kameron Hymer, Code Enforcement Officer reported that in Scorio Township an individual has blocked a section line with shipping containers, thus blocking another farmer s access. Hanson moved Ramberg seconded for Prout to check into and see if it is our concern and if so send a letter on the County s behalf. Motion carried. Prout reported that papers had tried to be served on Ramberg from Irish Oil concerning a lease with the County. The common practice that the Commission and Innis have is to strike the warranty clause and they are trying to dispute the lease that was declared owned by the State near the river. Dave Leftwich, NDDOT liaison gave a Williams County NDDOT project update. The Board recessed at 9:24 AM for an Executive Session in the old VSO office on the first floor of the Courthouse. The Commission reconvened after the Executive Session at 10:09 AM. There being no further business, the meeting recessed at 10:10 AM. 5