REGULAR MEETING OF THE CITY COUNCIL
Monday February 4, 2008
7:00 PM

PRESENT: Mayor McConnell Council Members: Anderson, Sinner, Silbernagel, Spooner, Wangler and Tillisch. ALSO PRESENT: City Attorney Del Losing, City Engineer Kyle Meyer, Sergeant De Wayne Nitschke, and Auditor Brandy Pyle.

Wangler made a motion, seconded by Sinner to approve the minutes of January 7 & 17, 2007, City Attorney's Report; the Police Report; the Municipal Judge's Report; and the delinquent utilities list. All voted aye on roll call; motion carried.

Silbernagel made a motion, seconded by Spooner, to approve the following bills, water deposit refunds and salaries for the month of February. All voted aye upon roll call vote; motion.

Aflac	$179.46		Johnson Pest Control	$55.00
Ameripride Linen	$91.07		Julies Place	$72.00
Bank of ND	$29,737.13		Scott Mensing	$100.00
Blue Cross	$3,839.50		Moore Engineering	$13,585.22
Burgum Law Firm	$1,083.33		ND One Call	$7.44
Bremer	$2,111.18		ND Rural Water System	$125.00
Cass County Treasurer	$74,219.48		ND Solid Waste and Recycling	$50.00
Cass County Electric	$424.38		ND Water & Pollution Control	$60.00
Casselton Public Library	$5,000.00		Xcel	$350.29
Cass Rural Water	$22,037.76		OfficeMax	$53.06
Chuck's Sand jacking	$1,500.00		Orbitcom	$271.43
City of Fargo	$2,667.70		Otter tail	$3,098.97
Farm Plan	$1,512.13		Power Plan	$8,089.38
Hardware Hank	$16.62		Sturdevants Inc	$182.27
Hawkins Chemical	$1,011.46		Toop Insurance	$7,289.00
State Health Dept	$75.00		Verizon Wireless	$107.96
Holt Landscape	$503.00		Victorian Rose Floral	$30.00
American Welding Supplies	$5.22

Anderson made a motion, seconded by Sinner to approve and file the financial reports. General Fund $415,600.01; Special Revenue Funds $435,208.42; Debt Service Funds $12,482.17; Construction Funds $79,775.34; Special Assessment Funds $710,832.64; Enterprise Funds $1,017,891.01; Trust and Agency Funds $130,714.00 for a total of $2,777,539.25

A thank-you letter was received Northwood for the assistance the City provided during the tornado disaster clean up. A thank you was received from Ken Habiger at the Red Baron, for the City Holiday Party. A thank you was also received from the Julie Davis family for the flowers sent by the City.

Nickel Pool was the first order of business. Councilman Tillisch presented structurally certified blue prints of the pool and bath house. Modifications to the bathhouse plans are still needed to be ADA accessible. The plan is to build the structure on the east side of the lot. Park Board members Mike Utt, Randy Buntrock, Joan Eberhardt, and Director Stephan Bartholomay liked the idea of a splash area for younger kids as an alternative to a kiddie pool. The Park Board will discuss their financial commitment and meet with the Pool Committee soon to finalize plans and put the project out for bids.

The City Council recognized Councilman Tillisch's hard work and dedication on this project.

Tillisch made a motion, seconded by Silbernagel to approve a gaming permit for Cottonwood Golf Course. All voted aye on roll call vote; motion passed.

Mayor McConnell rescinded the chair to Council President Anderson as he noted a conflict of interest. City Engineer Meyer reviewed the history of the proposed project in the Industrial Park. He had had a few meetings with the land owners and their requests to look at other options for water drainage. The property owners want to look at less expensive solutions to the drainage.

The RV park area is the lowest spot and will flood with a large enough rain events. The ND DOT has a few drainage issues to fix; however these improvements alone will not help the current situation.

The idea of a natural ditch was brought up. Meyer noted that it makes the water flow faster, and the highway department wouldn't let the City run water though that quickly. Adding gated valves to this would still cause the same issue as it would back the flooding up when there was a rain event. David Piper, one property owner, hopes that there will be a way to reroute some of the water to the north, which would in turn reduce the water flow to the south.

The property owners agreed that the improvements were needed, but were not too excited about the cost. Meyer noted that he would like to start the protest hearing to bid the project out as soon. Land owner Audrey Gunderson submitted a letter requesting lots 2-4 Blk. 1 Heartland First Addition and Lot 2 Blk. 1 Heartland 2nd Addition to be included in the Tax Increment Financing District for all improvements affecting their property.

Once the improvements are done, Meyer expects to see more businesses expanding which will create more taxable property. This will create more money going into the TIF, and potentially create enough extra to cover the drainage project in the future.

Diane Sporel, owner of the land across Hwy 10. from the Governors' Inn had questions about pumping water over the road onto her property when big rain events occurred. She is not happy with the City's decision to continue to pump water onto her property. Meyer noted that the NDDOT corrections to their pipes should help.

Council President Anderson returned the chair to Mayor McConnell.

Any drainage project done would have to be run past the Drain Board as it may affect the system downstream.

Silbernagel made a motion, seconded by Anderson to approve a resolution creating the assessment district. Silbernagel, Anderson, Sinner, Spooner and Wangler voted aye and Tillisch voted nay; motion passed. Spooner made a motion, seconded by Wangler to approve the resolution to direct engineer to prepare the engineer's report. Silbernagel, Anderson, Sinner, Spooner and Wangler voted aye and Tillisch voted nay; motion passed. Silbernagel made a motion, seconded by Spooner to approve a resolution to approve the engineer's report. Silbernagel, Anderson, Sinner, Spooner and Wangler voted aye and Tillisch voted nay; motion passed. Sinner made a motion, seconded by Silbernagel to approve the resolution of necessity for the project and set a date for the protest hearing and to approve a resolution authorizing engineer to prepare plans and specs. Silbernagel, Anderson, Sinner, Spooner and Wangler voted aye and Tillisch voted nay; motion passed.

Anderson made a motion, seconded by Tillisch to approve Ron Mueller, Julie Nelson, Bill Hejl, and Brandy Pyle to 3 year terms to the Job Development Authority. All voted aye on roll call vote; motion passed.

Valley Grain owners Randy Brog and Chad Ron approached the Council to answer questions concerning the dust the elevator has been emitting. They expanded the elevator to include a facility to process barley. They have changed the size of the air locks but the dust is not coming off the equipment fast enough, thus creating the clouds of barley dust. They have tried venting it into another bin for now, which should hold 3-4 months. Ron noted that they are looking in to a bag house to contain the dust. The Council reminded them that time was important.

Lorne Sterner, chairman of the Planning and Zoning approached the Council with the committee's recommendation on the rezoning and conditional use permit application they received from Tharaldson Ethanol Plant 1. The committee recommended to approve the zoning change of parcel 1 from agriculture to heavy industry for (1)servicing of industrial, business and consumer machinery, equipment, products and byproducts; (2) Manufacturing, processing, fabrication , packaging and assembly of goods, including natural, man-made, raw, secondary, and partially complete materials such products may be finished or semi-finished and can be made for the whole sale Market for transfer to other plants, or to order for businesses, firms, and or consumers; (3) storage and movements of goods; (4) Sale, lease and rental of products primarily intended for industrial, institutional, or commercial business; and (5) Rain service and infrastructure, drainage infrastructure, and above and below grade utilities. Provided, however, that the aforementioned conditional uses 1-4 may not result in any noises, orders, or other nuisances which have a material impact on residents of the City of Casselton (as it borders exist at the time of the conditional use permit; and further provided that all of the aforementioned conditional uses 1-4 must be incident to, or in conjunction with, bio-fuel processing, including the operation of biodiesel and ethanol, plants or the production of any byproducts incident to the primary bio-fuel processing including, corn, and corn products, dried distilled grain, carbon dioxide, farm feed and other farm supplies all are conducted from time to time on adjacent 33. Also there will not be any grain drying or coal classification on the parcel. Silbernagel made a motion, seconded by Sinner to approve the zoning change and conditional use permit. All vote aye on roll call vote; motion passed.

The Planning and Zoning committee recommended to approve zoning change request on parcels 2 &3 from Agriculture to Agriculture/ Commercial and for a conditional use permit for the following: (1) Rail Service and infrastructure; (2) drainage infrastructure; and (3) above and below grade utilities. Sinner made a motion, seconded by Anderson to approve the zoning change and conditional use permit. All voted aye on roll call vote; motion passed. Parcels referenced are in the Planning and Zoning files.

Tourism Committee co-chairman Greg Kempel presented the committees quarterly report. He reported that Loegering's manufacturing had been sold again and the new owners gave notice that the can pile located on the property will be torn down in May if it is not removed. The Committee has identified a few locations to move the can pile, but has not been able to secure a location. They have applied for a few grants. Kempel noted that he has contacted a few people who maybe able to help move, tear down and rebuild the structure. Mayor McConnell noted that it would be a good idea to save it. More information will come from the Feb. 19th tourism committee meeting.

Silbernagel made a motion, seconded by Sinner to approve the following year end transfers:

SPECIAL MEETING OF THE CASSELTON CITY COUNCIL
Monday February 12, 2008
7:00 PM

PRESENT: Mayor McConnell; Council Members: Spooner, Silbernagel, Tillisch, Anderson, and Wangler. ALSO PRESENT: Park Board Members Morris and Eberhardt, City Attorney Brad Burgum, and Michelle Rieniets and City Auditor Brandy Pyle

Mayor McConnell called the meeting to order.

The Council and Park Board reviewed the pool and the bath house plans. A few changes are needed to be ADA approved and have more storage for the tarps and other items needed for the pool.

The two boards agreed that a project manager was needed to over see the project to completion. The Auditor was instructed to write a letter to several engineering and construction firms to see if anyone was interested to work on the project. Council hopes to see a 5% commission for this person and expects the construction to cost $500- $600,000. Attorney Brad Burgum noted that the project will have to be put up for bid, as it exceeds the $100,000 limit set by North Dakota Century Code. Bids received will be directed to the Park Board as they are the legal owners of the property.

Demolition of the bath house, sidewalks, decking, dewatering the site, construction of the splash pad area and construction of the new pool are part of the project. Council also hopes to get the forestry to help landscape.

Attorney Brad Burgum was instructed to create a joint powers agreement for the City Council and Park Board. A building committee of 2 Councilmen, 2 Park Board, 1 member at large chosen by the Park Board and 1 member at large chosen by the Council. This committee will have final authority on all matters regarding the pool construction.

Motion to adjourn.


Brandy L. Pyle
City Auditor

Pool Committee Meeting
Pool Committee Meeting Tuesday February 28, 2008
7:00 PM

PRESENT: Mayor McConnell; Council Members: Spooner, Silbernagel, and Tillisch.

Mayor McConnell called the meeting to order.

One project manager proposal was received from Lightowler Johnson. Silbernagel agreed to find a contract that could be used and referenced for a contact between the winning engineering firm for the pool project. He will also contact Lightowler Johnson for more information.

Motion to Adjourn.


Submitted by Pete Silbernagel
Casselton City Councilman

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