July 6, 2009



MONDAY, JULY 6, 2009


Mayor Steve Fennewald called the meeting to order at 7:00p.m.  Present were Council Members Terry Johnson, Blaine Klein, Dana Larsen, Kevin Nelsen, and Jarvis Sasse.  Also present were Jason Strand of Ackerman-Estvold, Chief of Police Brad Seideman, PWS Greg Lemer, and Deputy Auditor Rosemary McNamara. 


The Agenda was reviewed. No additions were made.  


The Public Hearing was opened.  Precision Plus requested approval of a plat change.  They want to change Lots 55 through 59 of the Replat of Mahoney’s 4th Addition into Lot 1 at 120.0’ x 106.66’, Lot 2 at 120.0’ x 106.66’, and Lot 3 at 120.0’ x 119.82’. The Planning and Zoning Commission approved the preliminary plat as presented and recommended council approval. Darcy Myers requested a plat change to form Lot 1 and Lot 2 of Myers 4th Addition and a zone change for this property from agricultural to residential.  Mayor Fennewald asked if anyone was appearing to speak against either of the proposed changes.  There being no opposition to either request, motion by Larsen/Klein to close the public hearing.  All aye, motion carried.


Mayor Fennewald read the consent agenda: Review and approve the June 1, 2009 Public Hearing/Regular Meeting minutes, Review and approve the June 15, 2009 Special Meeting minutes; Approve financial reports and payments of payroll in the amount of $25,496.66 and bills to be paid in the amount of $18,729.86; Approve the Auditor, Public Works, Police, and Municipal Court reports.  Motion to approve the consent agenda – Klein/Larsen.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; -Klein-aye; Sasse-aye; motion carried 5-0.


Under Unfinished Business, Motion Nelsen/Johnson to approve the second reading of Ordinance 9.0101 Rates and Charges, which adds a $1.00 per month charge to every water account for vector control (mosquito control) effective 1 July 2009. Roll call vote: Nelsen-aye; Johnson-aye; Klein-aye; Sasse-aye; Larsen-aye; motion carried 5-0.


Under Monthly Business, Mayor Fennewald called for motions regarding the submitted plat and zone changes.  Motion to approve the Precision Plus plat change – Larsen/Nelsen.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; Klein-aye; Sasse-aye; motion carried 5-0.  Motion to approve the Myers 4th Addition plat – Larsen/Johnson.  Roll call vote: Klein-aye; Sasse-aye; Johnson-aye; Larsen-aye; Nelsen-aye; motion carried 5-0.  Motion to approve the Myers 4th Addition Zone Change for Lots 1 and 2 from agricultural to residential – Nelsen/Johnson. Roll call vote:  Larsen-aye; Sasse-aye; Klein-aye; Nelsen-aye; Johnson-aye; motion carried 5-0.  This is the first reading of Ordinance 15.0138: That the official master plan of the City of Surrey is amended as follows: changing zoning of Lots 1 and 2 of Myers 4th Addition from agricultural to residential.


Scott Brobst appeared before the council requesting a liquor license for his bar, Bottoms Up, which is located at 501 Pleasant Avenue S. (formerly the Full Moon).  The application has been completed and submitted to the auditor’s office with the required $250.00 filing fee, Police Chief Seideman has conducted a background check, and all the requirements have been met.  Motion Larsen/Nelsen to approve issuing a liquor license to Bottoms Up LLC.  Roll Call vote: Nelsen-aye; Johnson-aye; Larsen-aye; Klein-aye; Sasse-aye; motion carried 5-0.  Mr. Brobst requested he be allowed to provide an area of outside seating to his customers.  He handed out a photo of the proposed seating area and explained his plans for installing a fence around the area.  Discussion was held on noise, lighting, the type of fence being installed, and what impact this would have on the neighborhood.  Mr. Brobst would be willing to have a temporary permit to see if any issues or concerns arise.  Motion Sasse/Nelsen to allow Scott Brobst to build a fence and offer an outside seating area to his customers on a 60 day trial basis.  The outside area will close at the same time as the bar.  This permit will expire on the Monday of the September meeting (14th).  Roll call vote: Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Klein-aye; motion carried 5-0.


McNamara reported Devra Smested, the Ward Co. Auditor, contacted the city asking if the Ward County Advisory Committee could hold an informational meeting in Surrey on the 16th of July.  This committee was tasked with going to the various cities throughout Ward Co., holding discussions on community concerns and reporting back to the County Commission.  The consensus of the council was that this date would work.  The deputy auditor will put posters at the Sr. Citizens, the Post Office, Barry’s, and the city offices.


Klein asked PWS Lemer about replacing the corroded metal on the south side of the city shop.  Lemer said the metal siding had to be back ordered, and by the time it came in we had snow. The plan is to replace the siding as soon as work schedules allow.  Gene has been busy with mowing and is also building a shower at the park concession building and this is not a job that one person can do on his own.  PWS Lemer explained to council that his work schedule is determined in part by the need to collect water samples in the early morning as well as the fact that having control over his work hours was agreed to as a condition of his employment.  Except for certain week-ends when the part-time employee takes call, the PWS is always available and returns to Surrey whenever it is necessary.


Under the Mayor’s Report, Fennewald reported the city received eight applications for the position of city auditor.  The council decided to schedule interviews with six of the applicants.  McNamara will call the applicants and schedule interviews for Wednesday and Thursday nights between 6 and 7 pm.


Under the Auditor’s Report, McNamara updated the council on the weed violations.    The hay land within residential areas is the biggest problem.  Motion Sasse/Larsen requiring all land within city limits that is being hayed must be mowed at least once by the Fourth of July.  Roll Call vote: Sasse-aye; Klein-aye; Larsen-aye; Johnson-aye; Nelsen-aye; motion carried 5-0.  The council directed the deputy auditor to send letters to the four property owners in violation of ordinance 16.0501, giving them legal notification of their non-compliance with city code.  If they do not mow the properties, the deputy auditor is then authorized to find someone that will do so.  



McNamara presented correspondence from the ND League of Cities regarding a project called the “Community Military Covenant”.  This is a national project for cities to formally recognize and support our Service Members and their Families.  The NDLC is hoping to get every city in ND to sign a covenant.  The council agreed this was a worthwhile program. The City of Surrey has had many ties with the military over the years, and is pleased to be able to join this project.  Each member of the council signed the covenant.


Under the Engineer’s Report, Strand updated the Council regarding the pavement patch scheduled for repair.  The street by the vault at the Northeast lift station will be repaired when Becktold is in Surrey to do paving for Darcy Meyer’s subdivision.


Under the Public Works’ Report, Lemer reported the 2 frost boils will be repaired soon.  The ND Legislature authorized a one-time grant of 60% of the total Highway Distribution Funding Level for 2008.  This money is only to be used for road/street construction, reconstruction, repair and maintenance.   Lemer presented a list of projects that could be funded with this money, including a chip seal for 4th & 5th, crack seal 3rd & 4th NE, 2nd St NE mill cracks & reseal, and a valley gutter for 5th St SW.  He would also like to have the gravel roads graded by the county and have gravel put down.  Discussion was held on these proposals.  Council directed Lemer to meet with the city engineer to get recommendations, to go ahead with crack sealing but not with chip sealing, and to get bids on the cost of putting in a cement curb or a valley gutter.  Motion Larsen/Sasse to accept the bid of $1140 and proceed with crack sealing 3rd & 4th Sts NE.  Roll call vote:  Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Klein-aye; motion carried 5-0.  Motion Larsen/Sasse to repair pavement frost boils at 3rd, 4th, and 4th, at a cost of $4087.  Roll call vote:  Nelsen-aye; Johnson-aye; Larsen-aye; Klein-aye; Sasse-aye; motion carried 5-0.


Lemer reported he will get with the engineer soon to get the costs for the fire hydrant project.  Hydrants will be put at 2nd & 111th, and 3rd St by the park.


Lemer gave the council a list of repairs that need to be done on the New Holland tractor.  They should total about $2500-$3000.


Under the Police Report, Seideman reported a grant of $1000 was awarded, which will be used for a new computer for the Police Department.  He will be picking up the new police car next week.  The No Parking signs are up on Pleasant Ave. and the 4th of July went fine, there were no problems.


Under Other Business, discussion was held about the commercial produced for the city by KXMC.  The council will view it one night after interviews are held.


No other business.


Meeting adjourned at 9:00p.m.