July 7, 2008
SURREY CITY COUNCIL
REGULAR MEETING
MONDAY, JULY 7, 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 (when noted), Kevin Nelsen, Jarvis Sasse (when noted), and Laura Volk. Also present were Jason Strand of Ackerman-Estvold (when noted), Police Chief Brad Seideman, and Auditor Elaine Christianson.
The agenda was reviewed. No additions were made.
Mayor Fennewald read the consent agenda: Review and approve the 06/02/08 regular meeting minutes, the 06/09/08 special meeting minutes, the 06/24/08 reorganization meeting minutes, and the 06/30/08 special meeting minutes; Approve financial reports and payments of payroll in the amount of $25,355.71 and bills to be paid in the amount of $80,417.57; Approve the Mayor’s Employee Hours, Municipal Court, Police and Public Works Reports. Motion to approve the consent agenda – Volk/Nelsen. Roll call vote: Volk-aye; Klein-aye; Nelsen-aye; Johnson-aye; motion carried 4-0.
Council members Larsen and Sasse entered the meeting.
Lengthy discussion held regarding the request for reimbursement from Nathan Jung that had been tabled. City Attorney Deb Hoffarth had been contacted for a legal opinion as requested by Council. Christianson explained that Hoffarth stated that this is a unique situation and Council would have to make a decision, as no case law exists. Jung has requested reimbursement, as the City required the water and sewer mains to extend beyond his property into 4th Street Southwest, a platted street whose location was later changed in a Master Plan submitted by Darcy Myers. A proposal from Myers was distributed to Council and Jung. Myers and Jung both addressed Council. Motion to 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 – Sasse/Larsen. Roll call vote: Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; motion carried 6-0. This motion is a 1st reading of an ordinance change to 9.0109 Additional Charge of Property Outside District.
Evan’s Septic has requested permission to use the City’s lagoon when in the area for dumping wastes collected as a part of their business. Christianson discussed current city policy with 4-U Septic Services. Consensus of Council is to table this matter while Christianson checks with the City Engineer and other cities regarding their policies.
Discussion held regarding the 2006 & 2007 Auditor Report received from Rath & Mehrer. Motion to accept the report – Larsen/Johnson. Roll call vote: Larsen-aye; Nelsen-aye; Johnson-aye; Sasse-aye; Klein-aye; Volk-aye; motion carried 6-0.
A request to update a resolution of the Multi-Hazard Mitigation Plan received from the Ward County Emergency Management Office was discussed. Motion made to accept the update of the Multi-Hazard Mitigation Plan Resolution – Klein/Johnson. Roll call vote: Klein-aye; Sasse-nay; Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; motion carried 5-1.
Discussion held regarding haying of City property. Motion made to put the haying out for bids each year – Klein. Motion died for lack of a second.
Discussion held regarding the proposed change of manufactured home requirements. Motion to amend Section 3 of 7.0301 Manufactured Homes to read “All manufactured homes must be placed on a foundation that is a minimum of 4 feet below ground level, and placed under the outer edge of the building. The foundation must be of concrete, concrete block or wood. Footings under the foundation are required. Manufactured homes can not be licensed or titled as a “mobile home”.” – Sasse/Larsen. Roll call vote: Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-nay; Volk-aye; Klein-aye; motion carried 5-1.
Under the Mayor’s Report, the Mayor informed Council about the Public Works Supervisor position being offered to Greg Lemer. Lemer intends on touring Surrey around July 17, 2008 to make his decision.
Jason Strand of Ackerman-Estvold entered the meeting.
Discussion was held regarding a pay increase/benefit request from Deputy Auditor Rosemary McNamara. McNamara was hired in September 2003 to help with filing duties. Her job duties have increased since then including filling the auditor position twice when vacated. Motion to implement a week of vacation for any part-time position that has averaged 20 hours a week for the previous 3 year period – Johnson/Volk. Roll call vote: Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-nay; motion carried 5-1. Motion to raise pay for Deputy Auditor Rosemary McNamara to $11.00 per hour because of her five years of dedication – Volk/Johnson. Roll call vote: Volk-aye; Johnson-aye; Nelsen-nay; Larsen-aye; Sasse-nay; Klein-aye; motion carried 4-2.
Seideman requested that wages be reviewed for part-time police officers Luis Coca and Al Schlag. Coca is currently making $10.80 per hour employed as a part-time public works employee and $9.56 as a part-time police officer. Motion to raise pay for Police Officers Luis Coca and Al Schlag to $10.80 per hour – Larsen/Volk. Roll call vote: Larsen-aye; Nelsen-nay; Johnson-aye; Volk-aye; Klein-nay; Sasse-aye; motion carried 4-2. Seideman had no further business for the Council. Mayor Fennewald updated the Council about a lawsuit being brought against Fennewald, Seideman, and former Judge Galen Kauffman because of a Driving Under Suspension ticket issued by Seideman.
Christianson requested clarification regarding the street light request from a previous meeting. Consensus of the Council is to allow the new street lighting request because of the new subdivision development.
Council was updated regarding an article in the Minot Daily News that the City of Surrey received approval from the MAGIC Fund Screening Committee for $2,000 in marketing match money. Christianson expects to receive correspondence before the next Council meeting.
Under the Engineer’s Report, Myers’ water and sewer plans were presented for approval. Christianson has received notification of plan approval from the North Dakota Health Department. Motion to accept the water and sewer plans – Larsen/Volk. Roll call vote: Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.
Also under the Engineer’s Report, a Change Order request for Sewer Improvement District 23 was submitted. This change order extends the final completion date from July 1, 2008 to July 31, 2008 to allow time for a subcontractor to get chip seal oil. Motion to approve the change order – Larsen/Johnson. Roll call vote: Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-aye; Sasse-aye; motion carried 6-0.
Discussion held on a resident’s request regarding his driveway in Street Improvement District 22. As this resident has threatened the City with a lawsuit, the consensus of the Council is that all communications regarding this matter must be handled between attorneys.
The proposed second reading of an entertainment ordinance and a change to the Industrial District Zoning was reviewed. Motion to approve the second reading of the entertainment ordinance – Larsen/Johnson. Roll call vote: Larsen-aye; Nelsen-aye; Johnson-aye; Sasse-nay; Klein-aye; Volk-aye; motion carried 6-0. Motion to approve the second reading of the change to the Industrial District Zoning – Larsen/Volk. Roll call vote: Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; Nelsen-aye; Johnson-aye; motion carried 6-0.
A zone change request and final plat plan for Pat Kraft regarding Outlot 18, Section 30, Township 155 North, Range 81 West in Ward County was reviewed. Motion to approve the second reading of the zone change request from agricultural to rural residential – Klein/Volk. Roll call vote: Klein-aye; Volk-aye; Johnson-aye; Nelsen-aye; Larsen-aye; Sasse-aye; motion carried 6-0. Motion to approve the final plat plan – Klein/Larsen. Roll call vote: Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; motion carried 6-0.
Christianson explained while preparing the Sewer Improvement District 23 mailing, a property that should have been assessed for this improvement was missed. The Bond Council was contacted for the proper procedure to add this property. Christianson issued a letter and spoke with the property owner regarding the error. The property owner was not interested in attending a public hearing on this matter as he lives out of the area. Motion to change Sewer Improvement District 23 assessments from 199 units at $605.43 each to 200 units at $602.40 each – Volk/Nelsen. Roll call vote: Volk-aye; Blaine-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; motion carried 6-0.
The Surrey Planning and Zoning Commission recommends Council 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 approve the recommendation – Larsen/Nelsen. Roll call vote: Larsen-aye; Sasse-aye; Klein-aye; Volk-aye; Johnson-aye; Nelsen-aye; motion carried 6-0. This is a first reading of the ordinance change.
Correspondence from Mid-continent Communications about program updates was discussed.
Discussion was held regarding the subdivision and conditional use permit issued for Blaine Klein on the North 140’ of Lot 1, Block 3, Town’s First Addition. The property is still owned by Paul and Robin Callina. A new garage has been constructed in place of the old garage and the conditional use permit was tied to the old garage. Motion to amend the conditional use permit for the new garage – Sasse/Johnson. Roll call vote: Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye; Volk-aye; Klein-abstain; motion carried 5-0 with Klein abstaining.
Motion to adjourn – Larsen/Nelsen. Meeting adjourned at 9:51p.m.