During Wednesday evening’s regular Williston City Commission meeting, city Finance Commissioner Brad Bekkedahl said he received a call from a local tire business expressing three concerns on proposed Ordinance 913, which attempts to reduce the amount of junk, used tires, rubbish and garbage in the city.
Bekkedahl said the business owner felt there was a lack of communication among the commission and business owners through the process of creating the ordinance.
“I explained that the process is that we are taking input and that is why it is as public as it is,” said Bekkedahl. “we want that input.”
There also were concerns regarding the removal of tires on a regular basis since the proposed ordinance states businesses are to remove tires once every 10 days, store them no closer than 25 feet from any building, while remaining in compliance with current laws and ordinances. Tires also are to be covered with a tarp material as to prevent stagnant water accumulation and other items that can pose a threat to public health and welfare of the city. “This particular owner told me that they have a system in place where somebody comes from outside the area about 10 to 20 days and picks up the tires. They wanted to make sure that it (the ordinance) wasn’t so restrictive that could not still happen,” Bekkedahl said.
The business owner asked Bekkedahl whether the ordinance would punish people who toss their old tires outside these tire businesses.
“The comment was: ‘Why am I going to have to pay for that now.’” said Bekkedahl. “If there is a way to deal with that, it would be nice, but I explained that we couldn’t possibly just police that in every place in town.”
The second and final reading of the ordinance was put on hold a second time so the commission can continue working with business owners.
“I think this is going to work fine because we are taking input,” Bekkedahl said.
In an unrelated matter, George Gaukler with Valley Realty Inc. of Valley City requested an extension to begin construction of a 72-unit apartment complex until next spring.
Gaukler, who addressed the commission via telephone conference, was to begin construction of two 72-unit facilities on 6.14 acres in the former Cimmarron Trailer Park by Dec. 1.
Last month, he received a 30-day extension, so he could secure necessary financing for the project.
At the meeting, Gaukler asked that construction of the second building begin July 1, 2009, because he needs to finalized financing terms.
“I was looking to buy some time to do the second building,” Gaukler said.
He expects to have those funds by January 2009.
“We can just start one building this fall and with the weather the way it is that’s probably all that would be going in anyway,” he added.
“From my point of view with efficiency, I can work OK starting one now,” Gaukler added.
Commission Howard Klug asked what happens if Gaukler can’t obtain funding for the second building. Gaukler said he would resell the property back to the city at cost.
City Economic Development Executive Director Tom Rolfstad had a few questions for Gaukler.
“How many apartment buildings have you built in your career?” said Rolfstad.
“I have probably built about 5,000 rental units total,” Gaukler said.
Rolfstad asked, “Have you ever not made your payments or turned any buildings back to a bank?”
“No, I have never,” Gaukler said.
“To me that’s what gives me confidence in working with George,” added Rolfstad.
The commission approved the request to move the starting date for the second building to July 1, 2009.
Also addressed at the meeting was clarifying whether minors can sell tobacco products under state and city law. David Holmen brought the issue to the commissioners after having hired a 16-year-old employee at his convenience store.
“The question is: What age do you have to be to sell tobacco?” said Commission President Ward Koeser.
Holmen cited the tobacco sales ordinance where “no person under the age of 18 may possess, purchase, smoke or use cigarettes, cigars, cigarette papers or tobacco or any form that is to be utilized for smoking or chewing.”
“In this case, they are not utilizing it for that, they are just handing it over for sale,” said Holmen.
Williston Police Department Chief Jim Lokken said city ordinance states a minor may sell tobacco products under the license of the business owner.
“That’s the rule we’ve always followed,” said Lokken.
“It says minor, I don’t know if it means 18,19, 20 (years old), or that means16,17 (years old),” he added.
Following Lokken’s comments, the commission asked for input from City Attorney Pete Furuseth, who re-enforced “it’s a police policy.”
He added state law also has nothing written prohibiting minors from selling tobacco products.
“If the police are choosing to say it is not a violation of the law, that’s all we need to know,” added Furuseth.
Furuseth raised concerns to allow someone under 18 to sell tobacco because peer pressure may drive that minor to sell to peers.
“It does make me really uncomfortable, but I don’t know that it’s a violation of the law,” he added.
Holmen assured the commission he would keep a close eye on the minor to make sure other minors aren’t obtaining tobacco products.
The commission made a motion to allow minors to sell tobacco, and it passed.
Comments