July 10, 2006

SURREY CITY COUNCIL

REGULAR MEETING

MONDAY, JULY 10, 2006

Present were Mayor Steve Fennewald, Council Members Terry Johnson, Blaine Klein, Dana Larsen, Kevin Nelsen, Jarvis Sasse, and Laura Volk.  Also present were Chief of Police Brad Seideman, City Engineer Alan Estvold and City Auditor Elaine Christianson.

Mayor Fennewald called the meeting to order at 7:00p.m.  The agenda was reviewed.  Christianson requested adding a Resolution for Discovery Benefits and Water Shortage topic.

The minutes from the June 5, 2006 Regular Meeting and the June 27, 2006 Reorganization Meeting were reviewed.  Volk moved to approve the minutes.  Larsen seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Discussion was held regarding a bill submitted by Farhart-Wolff, Attorneys.  Larsen moved to pay half of the bill.  Nelsen seconded.   Roll call vote:  Volk-aye; Klein-nay; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All ayes except Klein, motion carried.  Council directed Christianson to remit a letter with payment.  Christianson discussed a letter received from State Fire and Tornado Insurance that the overall rates have decreased.  Motion made by Larsen to pay bills in the amount of $24, 627.77.  Johnson seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Estvold recommended awarding the District 21 Street Improvement contract to Bechtold Paving, Inc. for the amount of $46,738.00 based on the bids received.  Klein introduced Resolution 2006-11 to approve the engineer’s recommendation to award the contract for Street Improvement District 21 to Bechtold Paving, Inc. for the amount of $46,738.00.  Johnson seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson presented letter from the North Dakota Department of Health approving the plans submitted by Ackerman-Estvold Engineering for the Water and Sewer Improvement for 5^th Avenue Southwest (North of 5^th St SW).  Klein moved to accept the engineering plans.  Larsen seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Estvold requested council accept petition on Daniel Jung’s behalf to create a street improvement district for 5^th Ave SW (North of 5^th St SW).  Larsen introduced Resolution 2006-12 creating Street Improvement District 22 and directing the engineer to prepare a report as to the general nature, purpose, and feasibility of the proposed improvement and an estimate of the probable cost of the improvement.  Klein seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Discussion was held regarding the residents being asked to conserve water due to the unusually high usage.  Council is concerned because North Prairie Rural Water District was unable to maintain an increase in the supply of water that was demanded of the City of Surrey’s water system. Discussion was held about the old city well and other possible alternatives if North Prairie Rural Water District does not have the ability to supply increased water demands for Surrey.  Council advised Christianson to contact NPRWD Manager Ralph Packulak and advised Estvold to check into alternatives.  Estvold exited the meeting.

Police Commissioner Johnson read a letter received from Ward County Sergeant Bill Hunt thanking Police Chief Seideman for assisting Ward County Sheriff’s department in an arrest.

PWS Patterson was absent due to illness.  Inquiries were made about the park.  Johnson stated the park is looking good.   Mayor Fennewald discussed setting up a monthly meeting with PWS Patterson and the Water/Sewer Commissioners and/or the Street Commissioners.

Johnson made a motion to approve the Municipal Court Report, the Police Report and the Public Works Report.  Sasse seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson reported on a complaint received from Resident Dennis Olliney regarding the fence ordinance requiring a foot setback from the property line if consent is not received from a neighbor and about his neighbors vines encroaching his yard.  Discussion was held with residents Richard and Eileen Solberg regarding Mr. Olliney’s complaint.  Christianson talked to City Attorney Deb Hoffarth earlier.  Hoffarth advised under ND Century Code 42-01, the vines fall under private nuisance and will need to be handled between neighbors.  Discussion was held regarding the fence ordinance.  Council advised Christianson to check what other cities have for fence ordinances and to send a copy of ND Century Code 42-01 to Mr. Olliney.

Volk moved to authorize City Auditor Christianson and Bond Council for District 21 to explore financing options.  Klein seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Discussion was held regarding the current fire works ordinance.  Sasse moved to allow fireworks from 8:00 a.m. until 12:00 midnight on July 4^th.  Larsen seconded. Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-nay.  All aye except Johnson, motion carried.  Johnson moved to include wordage in the ordinance “If the fire index is at or above the extreme fire hazard category, as determined by the Fire Chief of the Surrey Fire Protection District, or if any other red flag condition exists on the fourth of July, then this exception shall not apply.”  Volk seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-nay; Larsen-aye; Nelsen-nay; Johnson-aye.  All aye except Sasse and Nelsen, motion carried.

Klein discussed maintenance of the landscaping of the Surrey Welcome sign.  Residents Judy Brooks and Albert Oen have offered to water and maintain the landscaping.  More discussion held.  Residents Brooks and Oen will not be held responsible for any loss of vegetation.  Klein moved to credit $5.00 monthly to their water bill for watering and maintaining the landscaping.  This credit will be in effect until either residents Brooks and Oen or Surrey City Council terminates the agreement.  Sasse seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson presented a contract from H&H Coatings for the general maintenance of the water tower.  Discussion held.  Johnson moved to approve the contract.  Volk seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Under unfinished business, Larsen discussed resident Richard Marshall’s solution regarding the path worn into the corner of Mr. Marshall’s lot.  Discussion held.  Larsen feels placement of a sign would not be as effective as the current solution.  Consensus of council is to leave as is.

Christianson discussed her findings from Ryan Wimberly of USDA in Bismarck about the bird-nesting problem.  Due to the urban situation, there are limits to what can be done.  Christianson has spoke to resident Robert Greene regarding her findings.

Seideman reported no campers have been parking on the street over 48 hours.  Seideman also reported that he has been watching 3^rd Avenue Northeast and he has not witnessed residents blocking traffic when parking on the street.

Christianson reported that she issued 14 letters to properties in violation of Surrey’s Public Nuisances Ordinance regarding Noxious Weeds.  Only one property owner failed to comply.  Discussion held. Sasse moved to hire a mowing service to mow the property of the owner who has not responded, send the bill to the owner and if not paid, add the charges to the property taxes.  Johnson seconded.   Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.   Discussion was held on Burlington Northern’s property.  Council advised Christianson to contact the train master to find out if a haying contract exists on the property in question.

Christianson apologized for not being able to work on the Train Horn – Quiet Zone project since the last meeting.  She requested a Quiet Zone committee be formed.  Council members Sasse and Larsen volunteered for the committee.

Discussion was held regarding a resident caught dumping bush branches into the roll-off dumpster on June 27, 2006.  Police Chief Seideman gave the resident the opportunity to remove the branches.  The resident told Seideman he was not going to remove them.  Christianson told the resident she would need time to research how this situation was handled previously.  After researching the subject, she learned previous Public Works Superintendents would make the branches be removed by the resident.  More discussion was held.  Sasse moved to have Seideman issue a ticket to the resident for illegal dumping to be processed through the court. Larsen seconded. Roll call vote:  Volk-aye; Klein-abstain; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.  Seideman exited the meeting.

Christianson discussed Surrey’s emergency siren.  Ex-residents Garry and Becky Burns are still listed as the contacts to set off the siren when an emergency exists in the city.  Also, from the May of 2002 council meeting, the Fire Chief, Mayor and Council President are also supposed to be listed as contacts.  Christianson recommends appointing Residents Wes and Jamie Soper as the new contacts.  Volk moved to appoint Wes and Jamie Soper to be first contacts to set off the siren.  Klein seconded.  Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson reported that Resident William Randash has visited with her on several occasions regarding his sewer line.  He has problems with sewer backup at least twice a year and has to hire rotor rooter to clean out the line.  He has had his service line video taped and knows that a problem exists in that line but is also concerned about where his service line connects to the city’s main line.  Discussion held.  Consensus of the council is when Mr. Randash has his line fixed, Christianson will visit with the contractor to check the connection as well. 

Christianson requested Council allow Building Inspector Charles Tollefson to purchase two books:  Code Check – Building for $16.95 and 2006 International Residential Code for $68.00.  Johnson moved to approve the purchases.  Klein seconded.   Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.  Christianson reported Council Building Inspector Tollefson is making several inspections on each individual building permit.  With the price of gas and the demands on his time, the half of the building permit fee he receives and his monthly salary are not covering his gas and time.  Discussion held.  Sasse moved to increase the minimum building permit fee to $20.00.  Larsen seconded.   Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.  Sasse moved to increase Building Inspector Tollefson’s monthly salary to $150.00.  Larsen seconded.   Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson discussed the haying of the lagoon area.  Ronnie Burns, who has hayed it previously, is no longer interested.  Consensus of the council is to go ahead with Mr. Burn’s recommendation to have Lyle McDurmot take over the haying and that no contract or lease will be required since it benefits the city.

Discussion brought up again regarding areas being hayed in Surrey city limits.  Sasse requested Christianson check into Planning and Zoning ordinances regarding zoning requirements.

Christianson discussed the following: a letter received from Midcontinent Communications of the upgrade of their cable system; Mayor Fennewald and Christianson will be attending the North Dakota League of Cities seminar in Bismarck July 26^th and 27^th; a letter received from Ward County regarding a meeting about a bond issue on the November ballot.  Larsen, who is employed with the Ward County Highway Department, explained the bond issue is to build a county office building to expand jail space and to centralize the county services since Ward County currently rents several properties all over the City of Minot.

Larsen moved to table the Election-At Large issue.  Johnson seconded. Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Christianson explained to Council that Discovery Benefits requires a resolution to be passed adopting their plan.  Larsen introduced Resolution 2006-13 adopting Discovery Benefits plan.    Volk seconded. Roll call vote:  Volk-aye; Klein-aye; Sasse-aye; Larsen-aye; Nelsen-aye; Johnson-aye.  All aye, motion carried.

Under other business, Mayor Fennewald inquired into the progress of the new Surrey Fire Protection District building.  Johnson inquired into the junk vehicles of Ron Paulson.  Council advised Christianson to finish the process as soon as possible.  Klein inquired about the oil-recycling container.  Christianson informed Council about what she knew on the subject.