August 4, 2008

SURREY CITY COUNCIL

REGULAR MEETING

MONDAY, AUGUST 4, 2008

 

Mayor Steve Fennewald called the meeting to order at 7:00p.m.  Present were Mayor Steve Fennewald, Council Members Terry Johnson, Blaine Klein, Dana Larsen, Kevin Nelsen, Jarvis Sasse, and Laura Volk.  Also present were City Engineer Alan Estvold (when noted), Jason Strand of Ackerman-Estvold, Police Chief Brad Seideman, and Auditor Elaine Christianson. 

 

A Public Hearing was held for a variance request from Tracey and Robin Day.  Robin Day presented his request to construct a garage within the 100-foot setback on their property.  Surrey Planning and Zoning member Jamie Soper reported that Planning and Zoning is recommending the variance be denied because of Surrey Township’s concern with potential problems of road maintenance and utility easement issues.  Neighbor Tobie Hansen appeared to speak in opposition of the variance with concerns of snow drifting and visibility issues.  Surrey Township Chairman Mark Vollmer appeared to address his Board’s concern with snow removal on 97th Street.  Discussion held regarding trees and setbacks.  Public Hearing was closed.

 

Much discussion held on the qualifications regarding a hardship of a variance.  Mayor Fennewald called for a motion.  Larsen made a motion to deny the variance, which died for a lack of a second.  Again, Mayor Fennewald called for a motion.  Motion to deny the variance – Larsen/Sasse.  Further discussion held regarding property setbacks. Roll call vote: Larsen-aye; Sasse-aye; Klein-nay; Volk-nay; Johnson-nay; Nelsen-nay; motion failed 4-2.  Mayor Fennewald called for another motion or the item would be tabled.  Motion to approve the variance – Johnson/Klein.  Much discussion held on the opposition from the Surrey Township Board and neighbor Tobie Hansen and the definition of hardship.  Roll call vote:  Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; Larsen-nay; Nelsen-nay; motion carried 4-2.

 

Mayor Fennewald read the consent agenda: Review and approve the 07/07/08 regular meeting minutes; Approve financial reports and payments of payroll in the amount of $10,643.65 and bills to be paid in the amount of $20,652.49; Approve the Mayor’s Employee Hours, Municipal Court, Police and Public Works Reports.  Motion to approve the consent agenda – Volk/Larsen.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; motion carried 6-0.

 

Discussion held regarding the request for reimbursement from Nathan Jung and the second reading of an ordinance change to 9.0109 Additional Charge of Property Outside District.  Motion to approve the second reading of an ordinance change to 9.0109 Additional Charge of Property Outside District which will add an additional connection fee of $2,000.00 to Lot 1 of Myers 1st Addition and $2,000.00 to Lot 2 of Myers 1st Addition to be collected at the same time as the $1,000 City water/sewer connection fee; further that this $3,000.00 per lot collected by the City will be remitted to Nathan Jung for partial compensation of expenses for the water and sewer mains serving those properties installed by Jung; further that $1,700.00 total additional funds will be payable now to Nathan Jung with $850.00 expensed from the water fund and $850.00 expensed from the sewer fund – Johnson/Klein.  Roll call vote:  Johson-aye; Nelsen-aye; Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; motion carried 6-0. 

 

Discussion held regarding the second reading of a change to amend Item 9 of Ordinance 7.0102 Permits – When Required to specify that asphalt driveways must be at least three and a half (3.5) inches deep three feet in from the city street and concrete driveways must be at least six (6) inches deep three feet in from the city street.  Motion to accept the second reading – Klein/Volk.  Roll call vote:  Klein-aye; Volk-aye; Johnson-aye; Nelsen-aye; Larsen-aye; Sasse-aye; motion carried 6-0.  

 

City Engineer Alan Estvold entered the meeting.

 

Discussion held on Christianson’s research regarding other cities policies on septic companies dumping in their lagoons.  Motion to charge $20.00 per dump and a monthly log must be provided by the septic company or dumping will not be allowed – Larsen/Nelsen.  Roll call vote:  Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.

 

Christianson reported to Council that out of the 34 letters sent to the property owners of the Springtime Addition regarding the water and sewer projects, 16 voted no, 4 voted yes and 14 did not reply.  Discussion held regarding option of going forward with the project or canceling the project.  Motion to close out District 26 because of lack of interest by the majority of Springtime Addition property owners – Larsen/Nelsen.  Roll call vote:  Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.

 

Discussion held on the Magic Fund – Market Match Money that will be received from the City of Minot.  Matching funds will be available from the advertising fund.  Motion to approve the contract – Larsen/Volk.  Roll call vote:  Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.

 

Klein inquired about City policy of sale of property received back for non-payment of taxes.  Christianson explained the only time the City receives property back is if special assessments are owed on the property when the back taxes meet the Century Code requirements of delinquency; otherwise, if no special assessments are owed, the County sells the property at a sale on the courthouse steps.  Discussion held about the previous property sale held by the City.  Motion to set City policy for sale of property as follows –Larsen/Sasse:  A minimum bid will be set on each parcel by Council to help recoup the back taxes and special assessments.  All bids must be submitted in writing in a sealed envelope labeled with the parcel number and description.  All bids will remain sealed until the advertised date and time of bid opening.  The property will be sold to the highest bidder as long as the minimum bid has been met.  The written bid is the final bid as no verbal bid raising will be allowed.  If a tie bid occurs on a property, a coin will be flipped to determine the winner.  A minimum 10% down payment must accompany the sealed written bid.  Any down payment received from unsuccessful bidders will be returned.  Successful bidders must settle the balance due within 30 days of the bid opening.  Bidding is open to all persons.  Roll call vote:  Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; Johnson-aye; Nelsen-aye; motion carried 6-0.

 

An update was presented to Council regarding the totes provided by Circle Sanitation.  They will be delivered to the residents this month.  Circle Sanitation is requesting to charge $5.00 extra if a resident needs an additional tote.  Council is not in favor of the additional charge, as garbage should be allowed to set next to the tote for free pickup.  Discussion held on waiting to see how the new tote system works for everyone first.

 

Mayor Fennewald discussed that the property owned by the Diocese of Bismarck in Southwest Surrey is going to be listed for sale.  Further discussion held regarding the need for 4th Street Southwest to be platted across this property.

 

A resignation from Luis Coca regarding the part-time public works position was discussed.  Motion to accept the resignation – Larsen/Nelsen.  Roll call vote:  Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.  

 

Mayor Fennewald requested clarification of the part-time vacation benefit.  Motion of clarification that first, the part-time vacation benefit is available only to those part-time employees that have worked a minimum of an average of 20 hours per week for the previous three years; further, that the part-time employees vacation is equal to one week of the average number of hours worked over the previous three years – Nelsen/Sasse.  Roll call vote:  Nelsen-aye; Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; Johnson-aye; motion carried 6-0.

 

Discussion was held on a special meeting for the preliminary budget and miscellaneous items.  Meeting has been set for August 25, 2008 at 7:00p.m.

 

The Surrey School has submitted an application for a local blanket gaming permit.  All paperwork is in order.  Motion to approve local blanket gaming permit for the Surrey School – Larsen/Johnson.  Roll call vote:  Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.  

 

Council was updated that according to Surrey School Superintendent Kevin Klassen the request from Wendell Lesmeister of Northland Bus for bus signage has been dropped.

 

Christianson requested authorization to transfer $266.22 from the Sewer Fund to the Sewer Improvement District 24 Fund to payoff the City’s portion.  Motion to approve transfer as presented – Johnson/Nelsen.  Roll call vote:  Johnson-aye; Nelsen-aye; Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; motion carried 6-0.

 

Under the Engineer’s Report, discussion was held regarding the current status of District 22, 23, & 24.  District 22 & 24 are complete.  District 23 has some chip sealing left on the patch in the pavement where the vault was place.  This should be completed in the next 30 days.

 

Christianson discussed a request from a Bill Randash to video the sewer main behind his home as he has concerns the sewer main is broken by his service line.  He has fixed the portion of his line that was damaged and is still having problems with backup.  Randash has been to the Council previously regarding his line.  The City of Minot is the only one that has this capability in our area.  They charge $233.00 per hour to videotape the line, which includes two City of Minot employees and all equipment.  Motion to approve the request – Volk/Johnson.  Roll call vote:  Volk-aye; Johnson-aye; Nelsen-aye; Larsen-aye; Sasse-aye; Klein-aye; motion carried 6-0.

 

Under other business, Volk commented on the halls upgraded appearance with new paint and waxed floors due to Part-time Public Works employee Gene Bailey’s effort.  Discussion was held with Police Chief Brad Seideman regarding weekend patrol.  Mayor Fennewald discussed the pros and cons of having public hearings during a regular council meeting.  The violations of the summer dumpster were discussed and how residents now need to contact the City office for the combination.

 

Motion to adjourn – Volk/Klein.  Meeting adjourned at 9:28p.m.