October 6, 2009





                                                Public Hearing:

In attendance are Mayor Fennewald, Council members: Sasse, Volk, Klein, Johnson, and Larsen.


Mayor Steve Fennewald called the public hearing to order at 6:45 pm.


Mr. Klein’s variance request was discussed first. Mr. Klein is requesting the variance to allow him to build within a foot of the property line. Sasse pointed out the reason for the setback is for fire protection. Larsen stated that he would be okay with it provided the fire department would be okay with him building on the property line and the neighbor would not build within 9’ of the property line so that it maintains the 10’ distance between buildings.


Mr. Brobst’s variance was discussed next. Auditor Vaagen presented Council with the drawing that Mr. Brobst submitted, since Mr. Brobst was not in attendance for the public hearing. Mayor Fennewald stated that Mr. Brobst has gone before the planning and zoning committee and the committee had made it contingent on the purchase of the house to the North closing. No one was at the meeting in favor or against this variance.


Motion made by Larsen/ Volk to close the public hearing. All aye motion carried.   


Council Meeting:


Mayor Fennewald called the Council Meeting to order at 7:00 pm. In attendance: Mayor Fennewald; Council Members: Klein; Sasse; Volk; Larsen; Nelsen; and Johnson. Also in attendance were Auditor Vaagen; Chief Seideman; PWS Peterson.


Mayor Fennewald asked for approval of the consent agenda. Johnson pointed out that a change needed to be made to the Sept. 14th consent agenda vote as Larsen wasn’t present to vote on it he came in after.


Motion made by Volk/Klein to approve consent agenda with the correction. Roll Call: Volk-aye; Sasse-aye; Klein-aye; Johnson-aye; Nelsen-aye; and Larsen-aye.


Motion made by Larsen/Sasse to approve the Klein variance contingent upon approval of fire department and neighbor not building with 10’ of the building. Roll Call: Larsen-aye; Sasse-aye; Klein-abstain; Volk-aye; Johnson- aye; and Nelsen-nay. Motion carried 4-1.


Discussion ensued about the variance that Mr. Brobst has requested. Motion made by Larsen/Klein to approve Mr. Brobst’s variance request contingent on the sale of the house like planning and zoning committee approved. Roll Call: Larsen-aye; Klein-aye; Sasse-aye; Volk-aye; Johnson-aye; and Nelsen-aye. Motion Carried 6-0.   


Chief Seideman wanted to introduce Mike Nason who is interested in helping Chief Seideman as a part time officer. Mr. Nason shook hands with all the council members.


Motion made by Larsen/Johnson to allow Police Chief to hire part-time patrol without publishing, notification and interviewing for the position provided it doesn’t violate any laws. Roll Call: Larsen-aye; Johnson-aye; Nelson-aye; Klein-aye; Sasse-aye; and Volk-aye. Motion carried 6-0.


Under unfinished business was the approval of the final budget. Mayor Fennewald asked if there was any discussion on the final budget. Larsen asked Auditor Vaagen if everything came out. Auditor Vaagen indicated that it had come close with the exception being council didn’t use the full available levy. Larsen then asked if that meant they were able to cut the budget. Auditor Vaagen indicated that they had.


Motion to approve the Certification of Levy made by Larsen/Volk. Roll Call: Larsen-aye; Volk-aye; Sasse-aye; Klein-aye; Johnson-aye; and Nelsen-aye. Motion Carried 6-0.


Motion to approve General Fund made by Nelsen/Volk. Roll call: Nelsen-aye; Volk-aye; Sasse-aye; Klein-aye; Johnson-aye; and Larsen-aye. Motion carried 6-0.


Motion to approve Special Revenue Fund by Johnson/Volk. Roll Call: Johnson-aye, Volk-aye; Nelsen-aye; Larsen-aye; Sasse-aye; and Klein-aye. Motion carried 6-0.


Motion to approve Debt Service Fund by Volk/Nelsen. Roll Call: Volk-aye; Nelson-aye; Larsen-aye; Sasse-aye; Klein-aye; and Johnson-aye. Motion carried 6-0.


Motion to approve the Enterprise Funds by Klein/Johnson. Roll Call: Klein-aye; Johnson-aye; Nelsen-aye; Larsen-aye; Volk-aye; and Sasse-aye. Motion carried 6-0.


The fine of the Bottom’s Up Bar was next on the agenda. Councilman Klein brought the issue up because of what he has been hearing about the camera not working and the witnesses that Mr. Brobst has. The time period when Pete initially started having problems Brad was in training in Fargo. Chief Seideman stated that Bottom’s Up was issued a warning the night before being cited. Councilman Klein stated with the Bottom’s Up Bar being a new business in town he wants to get off on the right foot with the business. Chief Seideman stated it is not the fine it is a bond. Councilman Klein asked about the expenses resulting the bond/fine. Discussion ensued about the fine and bond.


Ashley Barrineau addressed council with a request to change the prohibited dog ordinance. Ashley owns a bull terrier and provided council information concerning bull terriers. She also provided information to council from the AKC Kennel Club. After providing council this information and addressing the council Ms. Barrineau requests that council either change the prohibited dog ordinance to alter it to a dangerous dog ordinance or allow her and her husband a grace period to put their house up for sale and move. Discussion ensued. Council concurred to have Auditor Vaagen research the ordinance and possible changes that can be made and the legal responsibilities the city may have.


A motion was made by Larsen/Sasse to grant a 2-month grace period to research the issue provided the dog remains on a leash or in the yard. Roll Call: Larsen-aye; Sasse-aye; Volk-aye; Nelsen-aye; Johnson-aye; and Klein-aye. Motion carried 6-0.


Residents complained about Farm Machinery on city streets to Auditor Vaagen, and as a result of damage to 4th St. NE the issue was presented before Council. As a result of the damage to 4th St. NE, Auditor Vaagen stated that PWS Peterson researched the matter and the Combine was seriously overweight. Auditor Vaagen also asked the city engineer to examine the street due to the damage of the chip seal on 4th St. NE. Discussion ensued by Council on the issue regarding damage as a result of the weight. Council concurred that Auditor Vaagen should send a letter to Mr. Smith, and Mr. Wald regarding operating the Farm Machinery on city streets and the weight limits of the city streets.


PWS Peterson wanted to address council regarding excess chips on the new Myer’s addition.  Peterson didn’t want the excess chips spread this winter when pushing snow. Engineer Strand said he would work with Bechtold remedy this.


 Councilman Sasse received a phone call from Chuck Badke. Sasse said, Mr. Badke stated that the grading of the road didn’t help. Mr. Badke also stated that he wants something done with that street. Sasse suggested that all residents that reside on gravel streets be sent letters letting them know that the city is creating a street improvement district and see if they want gravel on their street. 


Be it resolved that the City Council created a special assessment district by reason of necessity.

Sasse/Klein made a motion. Roll Call: Sasse-aye; Klein-aye; Johnson-aye; Nelsen-aye; Larsen-aye; and Volk-aye. Motion carried 6-0.


Auditor Vaagen addressed council regarding his opportunity to attend NDLC conference and stated that it was a great opportunity to network and learn a lot of things. As a result of Auditor Vaagen's attendance he wants to recommend reviewing the city personnel policy due to recent changes in employment laws. Council suggested putting the personnel policy on the January meeting.


Auditor Vaagen informed council that he researched the annexation of Lafarge but has found a snag in the process. The agreement was that the city would annex after January 1, 2009. The snag being the city attorney didn't like how Lafarge worded the non-protest letter. Discussion ensued. Sasse/Klein made a motion to begin annexation procedures. Roll Call: Sasse-aye; Klein-aye; Johnson-aye; Nelsen-aye; Larsen-aye; and Volk-aye. Motion carries 6-0.


Auditor Vaagen updated the council regarding the office project. Auditor Vaagen indicated that the costs that were calculated the costs was off. The updated costs for materials to frame in, insulate, and sheetrock the office are: $2189.45. Still less than what was budgeted but higher than initially though.


Auditor Vaagen also updated council on the emergency sirens. It is not known when the sirens will be installed.


Auditor Vaagen updated the council on updating Quick Books stating the software offered at Staples wouldn't work. It wouldn't allow for paying more than three employees. Therefore Auditor Vaagen called Intuit the makers of Quick Books and got a price from them. The cost would be $339 higher; that being $639.40.


A motion was made by Larsen/Volk to update Quick Books. Roll Call: Larsen-aye; Volk-aye; Sasse-aye; Klein-aye; Johnson-aye; and Nelsen-aye. Motion carries 6-0.


Engineer's Report:


Engineer Strand submitted the letter of completion for the Myer's project.

Engineer Strand also submitted the costs for doing the Safe Routes to School project so the city can apply for state funding of the project. Engineer Strand also indicated that the frost boils have been repaired, the vault asphalt has been fixed, and the vault patch has been partially chip sealed. Bechtold ran out of oil for the chip seal and can't get more until next year.


Public Works:

PWS Peterson addressed council regarding training he would like to attend. On October 15th the state is offering Water Systems training in Washburn. On October 20-22 there is Water Pollution Control Conference in Minot. PWS Peterson also brought up winter maintenance training in Devils Lake that he doesn't think he needs to attend. Council agreed.


A motion by Volk/Larsen for PWS Peterson to attend the training in Washburn and Minot. Roll Call: Volk-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Klein-aye; and Sasse-aye. Motion carries 6-0.


PWS Peterson addressed council regarding the purchase of different siding for the south end of the shop as the wrong siding had been ordered. Council discussed the issue. PW Bailey is looking into the costs of the tin. Klein stated that Precision Plus has the WEDGCOR tin and Auditor Vaagen should talk to them regarding the issue. Have Precision Plus give an estimate for costs of the metal and for them to install it.


PWS Peterson addressed council to update them on the box plow purchase that had been authorized. As a result of PWS Peterson talking to Travis at Magic City Implement. They called Peterson regarding the city wanting to purchase a Box Plow. They beat the costs of Crysteel by $165 and now it is purchased locally.


PWS Peterson also addressed council regarding damage that he found to the Truck Plow. The plow has been bent and tweaked beyond what PWS Peterson can repair so he got an estimate from Gene Gasman. The cost to repair the plow would be $50 metal, and $550 in labor. Motion made by Sasse/Larsen to repair the plow. Roll Call: Sasse-aye; Volk-aye; Larsen-aye; Nelsen-aye; Johnson-aye; and Klein-aye. Motion carries 6-0.


PWS Peterson also addressed council regarding the tractor not having a cutting edge on the bucket. He ordered a cutting edge and will need to repair the bucket to put it on.


Council discussed the chlorine levels in the water being too low. Council discussed the chlorine levels. Council concurred that PWS Peterson should check chlorine levels more often. Council also instructed Peterson to check on the price of a new meter. Council also instructed PWS Peterson to  get an estimate for cistern level a monitoring system regarding water levels so that PWS Peterson or Auditor Vaagen can monitor levels more closely. Peterson also revealed that a bar should be put across the cistern pit door.


Councilman Sasse brought up changing the building permit to state that building can't be within 10' of any other building. A motion by Sasse/Larsen to put the wording on the building permit. Roll Call: Sasse-aye; Volk-aye; Larsen-aye; Nelsen-aye; Johnson-aye; and Klein-aye. Motion carried 6-0.


Council was asked about the north crossing and if they knew when it would be repaired. Councilman Larsen stated that the North crossing will be close tomorrow and the following day.


Councilman Klein asked Chief Seideman about the high speed chase. Councilman Sasse recommended that Chief Seideman talk to Officer Schneider about his speed in chases along with how media is addressed concerning details of high speed chases. Chief Seideman stated that he has spoke to Officer Schneider. Council discussed the issue.


Auditor Vaagen also addressed council regarding the city health insurance renewal. Auditor Vaagen also disclosed to council the option to add life insurance at employee cost. Council discussed the health insurance. Council concurred that the employees should get together to discuss the health insurance and make a decision together.


A motion was made by Larsen/Klein to add life insurance to the city's plan at employees cost. Roll Call: Larsen-aye; Nelsen; Johnson-aye; Volk-aye; Sasse-aye; and Klein-aye. Motion carries 6-0.


 A motion to adjourn by Larsen/Nelsen. Meeting adjourned 9:15pm.