June 1, 2009



MONDAY, JUNE 1, 2009


Mayor Steve Fennewald called the meeting to order at 7:05p.m.  Present were Council Members Terry Johnson, Blaine Klein (when noted), Dana Larsen (when noted), Kevin Nelsen, Jarvis Sasse, and Laura Volk.  Also present were Alan Estvold and Jason Strand of Ackerman-Estvold, Chief of Police Brad Seideman, PWS Greg Lemer, and Auditor Elaine Christianson. 


The Agenda was reviewed.  A raffle permit application for the Hope Lutheran Women and Ward County Sheriffs Officer Laura Forbes were added. 


The Public Hearing was opened.  Council Member Larsen entered the meeting.  Resident Scott Schalesky addressed the Council regarding his variance application to have 16’ high side walls on his residential garage on Lot 6 of Wenz Fourth Addition.  The purpose of this garage is to store his 5th wheel camper and he filed for the variance due to the clearance requirement for the proposed garage door.  Discussion held regarding the additional cost and additional height of the peak of the roof if scissor trusses were used.  He collected signatures from eleven of the fourteen neighbors showing support of the 16’ high side wall variance.  Mayor Fennewald reported that he had heard rumors that Schalesky was going to start a business in the garage.  Schalesky had also heard these rumors and insisted to Council that it was not true.  Christianson discussed that the Planning and Zoning Commission was recommending approval for the variance and had also addressed said rumors with Schalesky.  Mayor Fennewald asked if anyone was appearing to speak against the variance request.  No one stepped forward.  With no further comments from the Council or audience, the public hearing was closed.


Mayor Fennewald read the consent agenda: Review and approve the May 4, 2009 public hearing/regular meeting minutes; Approve financial reports and payments of payroll in the amount of $4,216.52 and bills to be paid in the amount of $25,846.52; Approve the Auditor, Public Works, Police, and Municipal Court reports.  Motion to approve the consent agenda – Nelsen/Larsen.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; Volk-aye; Sasse-aye; motion carried 5-0.


No business was discussed under Unfinished Business.


Under Monthly Business, Mayor Fennewald called for a motion regarding Scott Schalesky’s Variance Application.  Motion to approve the Variance Application – Nelsen/Johnson.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; Volk-aye; Sasse-aye; motion carried 5-0.  Resident Darcy Myers addressed Council regarding their decision at the May Council Meeting on his proposed Myers 4th Addition plat.  The Council based their decision on that no additional lots would be platted until a second access is available for the Southwest part of Surrey.  Myers stated he was charged for five lots during the water tower improvement district and he has only platted two lots in that area.  Additionally, Precision Plus is starting the process to combine their six twin home lots on the east side of 4th Avenue Southwest into three single family home lots which would potentially cause less traffic for him to be able to add the two lots proposed for Myers 4th Addition.  Much discussion held regarding traffic, Myers’ master plan, and the difficulty of assessing a street improvement district with no platted land on the west side of 6th Avenue Southwest.  Council Member Blaine Klein entered during the discussion.  Motion to have Myers resubmit Myers 4th Addition plat and zone change at the July Council meeting – Larsen/Volk.  The plat and zone change has a public meeting publication requirement, which is why it will have to wait to come before Council in July.  Roll call vote:  Larsen-aye; Volk-aye; Sasse-nay; Klein-aye; Nelsen-aye; Johnson-aye; motion carried 5-1.


Ward County Sheriffs Deputy Laura Forbes was available for questions.  Council had nothing at this time.


Street Improvement District 27 was next on the agenda.  Discussion was held regarding the current condition of 5th Street Southwest.  The preliminary engineer’s report was presented.  Larsen inquired about paving the street between Lots 7, 8, 17, & 18 of Mahoney’s 4th Addition.  Further discussion held regarding where the water and sewer mains are supposed to be connected to serve 5th Avenue Southwest (south of 5th Street Southwest) and the special assessment district process in North Dakota Century Code.  Motion to introduce and adopt Resolution 2009-05 Approving Engineer’s Report and Cost Estimate alternate A with the addition of paving the street between Lots 7, 8, 17 & 18 of Mahoney’s 4th Addition – Larsen/Sasse.  Roll call vote:  Larsen-aye; Volk-aye; Sasse-aye; Klein-aye; Nelsen-aye; Johnson-aye; motion carried 6-0.  Motion to introduce and adopt Resolution 2009-06 Resolution of Necessity and Opportunity to Protest Street Improvement District #27 – Larsen/Nelsen.  Roll call vote: Larsen-aye; Johnson-aye; Nelsen-aye; Volk-aye; Sasse-aye; Klein-aye; motion carried 6-0.


The paving repair bids from Bechtold Paving and Keller Paving for the frost boils that appeared on 3rd Avenue Northwest and 4th Street Northeast were presented.  Based on cost per square foot, Bechtold Paving’s bid was lower.  Motion to award paving repair for three frost boils to Bechtold Paving – Sasse/Klein.  Roll call vote:  Sasse-aye; Volk-aye; Larsen-aye; Johnson-aye; Nelsen-aye; Klein-aye; motion carried 6-0.


Discussion was held on the condition of 2nd Street Northeast and the recommendations from Bechtold Paving and Keller Paving.  Estvold discussed options.  Christianson reported that due to the extreme winter, the Highway Fund is going to be extremely tight.  Additionally, the Council should consider creating a Special Assessment District for this project as the street was previously Ward County Road 12 which was paved and paid for by Ward County.  Discussion was also held on completing a citywide chip sealing.  Council requested Christianson to review the Highway Fund for monies.  An updated Ward County Road Maintenance Agreement was presented to Council.  Motion to approve the agreement – Nelsen/Klein.  Roll call vote:  Nelsen-aye; Klein-aye; Sasse-nay; Volk-aye; Johnson-aye; Larsen-abstain; motion carried 4-1. 


Christianson presented information on the Air National Guard spraying mosquitoes for the City of Minot and the Minot Air Force Base.  One 30-gallon barrel of mosquito chemical costs approximately $4,200 and would complete two applications for the City of Surrey.  Discussion held on mosquito problem due to the extremely wet year and how to pay for chemical.  Motion to add a $1.00 vector control fee per account per month – Volk/Nelsen.  Roll call vote:  Volk-aye; Nelsen-aye; Johnson-aye; Larsen-aye; Sasse-aye; Klein-nay; motion carried 5-1.  This is a first reading to an ordinance change for Ordinance 9.0101 Rates and Charges and will require a second reading to become effective.  Motion to authorize Larsen and Christianson to work with the City of Minot, the Minot Air Force Base and the Air National Guard to have the City of Surrey sprayed for mosquito control – Nelsen/Johnson.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; Volk-aye; Sasse-aye; Klein-nay; motion carried 5-1.


Christianson received a request from Ron Burns to erect directional signs in the right-of-way for the Hope Lutheran Church and the Surrey Senior Citizens Center.  The organizations will cover the cost of signs and installation.  Larsen discussed retro-reflectivity requirements.  Motion to allow the organizations to place the signs in the city right-of-way – Volk/Klein.  Roll call vote:  Volk-aye; Sasse-aye; Klein-aye; Larsen-aye; Johnson-aye; Nelsen-aye; motion carried 6-0.


There was no business under the Mayor’s Report due to the early timing of the City Council meeting.


Under the Auditor’s Report, Christianson updated the Council on issues from the last meeting.  Regarding the grackle issue, Christianson’s follow up research with City Attorney Deb Hoffarth found that Mr. Greene could only shoot grackles on his property and from his property.  Mr. Greene has been made aware of this requirement.  Regarding the need of a valley gutter to potentially be placed south of Rod Hjelden’s property across 5th Street Southwest and how to pay for it, Christianson was advised by the City of Surrey’s Bond Attorney Scott Wegner that “once construction is complete, the remaining balance is to be applied to bond payments.  Once in the bond payment account, such money shall be diverted to no other purpose.  NDCC Section 40-24-18.”  Estvold discussed that the valley gutter is needed as a result of drainage from Street Improvement District 21.  Council advised Christianson to get some quotes for a valley gutter from Bechtold Paving, Keller Paving, Ernie’s Concrete, and Dakota Concrete for the east side of the intersection of 5th Street and 4th Avenue Southwest.  The last item Council was updated on from last month’s meeting was Resident Chad Atterton’s concern regarding the location of fire hydrants in the northeast part of Surrey.  Christianson attended the Surrey Fire Protection District’s meeting in May and discussed fire hydrants.  The firefighters said that they would like to see more accessible fire hydrants in that area; however, they are equipped with a pumper truck and plenty of hose that would allow them to get water to any fire in that area.  Discussion was held on the estimated cost of fire hydrant installation and the need to get permission from property owners in that area to place the fire hydrant in their front yards.  Council requested Estvold and Lemer get together and look for ideal locations for fire hydrants in that area and report back next month.


Christianson presented miscellaneous correspondence from Mid-Continent Communications regarding their channel line up, Verendrye Electric regarding their annual meeting, and North Dakota Public Employees Retirement System regarding an increase in the employer portion.  Motion to acknowledge the increase from NDPERS from 9.12% to 9.26% - Larsen/Sasse.  Roll call vote:  Larsen-aye; Volk-aye; Sasse-aye; Klein-aye; Nelsen-nay; Johnson-aye; motion carried 5-1.


Christianson requested permission for Rosemary McNamara and herself to take turns attending the Municipal Finance Officer Association training in Minot beginning June 17, 2009 at noon and ending June 19, 2009 at noon.  Motion to approve request as presented – Larsen/Volk.  Roll call vote:  Larsen-aye; Volk-aye; Sasse-aye; Klein-aye; Nelsen-aye; Johnson-aye; motion carried 6-0.  Christianson explained that the official newspaper was supposed to be designated at the first meeting in May.  Motion to introduce and adopt Resolution 2009-07 Designating the Official Newspaper as the Minot Daily News – Volk/Johnson.  Roll call vote:  Volk-aye; Larsen-aye; Johnson-aye; Nelsen-aye; Klein-aye; Sasse-aye; motion carried 6-0.  Finally under the Auditor’s Report, discussion was held about Derek Undhjem’s term being up on the Planning and Zoning Commission.  He has agreed to be reappointed to the commission.  Motion to reappoint Derek Undhjem to the Surrey Planning and Zoning Commission – Sasse/Volk.  Roll call vote:  Sasse-aye; Volk-aye; Larsen-aye; Johnson-aye; Nelsen-aye; Klein-aye; motion carried 6-0.


Under the Engineer’s Report, Strand updated the Council regarding the pavement patch in the street by the vault at the Northeast lift station which is scheduled for repair.


Under the Public Works’ Report, Lemer requested permission to sell the 10’x16’ overhead door, track, opener, and remotes.  Consensus of the Council is to sell by sealed bids with no minimum.  Discussion was held regarding cleaning the ditch with the tractor on the north side of the north railroad tracks.  A one-call request was completed after last month’s meeting and shows the Enbridge pipeline runs in that area.  Enbridge indicated that the federal requirement would be for the City to hydrovac the area around the line before beginning any digging.  Consensus of the Council is leave as is.  Mayor Fennewald discussed the condition of 5th Street Southwest.  Lemer has tried to back drag the street but has had only minimal effectiveness due to the current condition and the city equipment.  Klein inquired about having the city spray dandelion weeds in the city right-of-way areas.  Discussion was held about the amount and cost of chemical and time to spray that would be required. 


Under the Police Report, Seideman requested permission to attend a missing child training in Rugby on Thursday.  Consensus of the Council is okay.  Seideman discussed his vacation dates, police coverage and the July 4th holiday.  Johnson inquired about the towing bill for the police car.  Seideman reported that Police Officer Schneider had been stuck in the ditch which required the car to be pulled out.  Miscellaneous discussion was held about children walking and biking in the middle of the street, illegal drug use by minors, and complaints about the police department.


Under Other Business, discussion was held about County Road 12 also known as 2nd Street Northwest and Pleasant Avenue.  It is illegal to park on a county road and there have been some issues recently.  Motion made to contact Ward County to request no parking signs and road painting to be placed to deter parking – Sasse/Volk.  Roll call vote:  Sasse-aye; Volk-aye; Larsen-abstain; Johnson-aye; Nelsen-aye; Klein-aye; motion carried 5-0.


No other business, motion to adjourn – Nelsen/Larsen.  Meeting adjourned at 9:45p.m.