REGULAR MEETING OF THE CITY COUNCIL
Monday March 3, 2008
7:00 PM
PRESENT: Mayor McConnell Council Members: Anderson, Sinner, Silbernagel, Spooner, Wangler and Tillisch.
ALSO PRESENT: City Attorney Brad Burgum, City Engineer Kyle Meyer, City Building Inspector Mark Housh, Deputy Steve Sprecher, CPA Harold Rotunda, Assistant Public Works Supervisor Larry Davis, and Administrative Assitant Dawn Suhr.
Anderson made a motion, seconded by Sinner to approve the minutes of February 4 & 12, 2008, 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 Tillisch, to approve the following bills, water deposit refunds and salaries for the month of March. All voted aye upon roll call vote; motion.
| Aflac | $179.46 | Johnson Pest Control | $135.00 | |
| Ameripride Linen | $182.14 | The Forum | $431.80 | |
| Bank of ND | $300.00 | American Welding Supplies | $6.06 | |
| Blue Cross | $3,391.00 | Community Safety Net | $30.00 | |
| Burgum Law Firm | $1,083.33 | ND One Call | $7.44 | |
| Bremer | $650.00 | ND Planning Association | $300.00 | |
| Casselton Parks & Rec | $400.00 | Bob Christiansen Trucking | $175.00 | |
| Cass County Electric | $437.70 | Dakota Tire Service | $107.15 | |
| Casselton Public Library | $3,000.00 | Xcel | $340.70 | |
| Cass Rural Water | $22,547.84 | Officemax | $402.50 | |
| Fargo Water Equipment | $84.64 | Orbitcom | $272.57 | |
| City of Fargo | $2,448.10 | Otter Tail | $4,001.86 | |
| Farm Plan | $691.47 | Schlagel | $592.36 | |
| Hardware Hank | $94.34 | Sam's Club | $35.00 | |
| Hawkins Chemical | $775.88 | Interstate Power Systems | $369.33 | |
| Holiday Inn | $174.00 | ITD | $30.75 | |
| Farm Plan | $47.24 | Verizon Wireless | $107.96 | |
| Doug Farquhar | $92.28 | Workforce Safety | $4,912.90 | |
| Phyllis Baumgarten | $625.00 | Casselton Fire Dept. | $4,000.00 | |
| Baldwin Cookie | $194.63 | Jerry's Excavating | $757.93 | |
| Cass County Government | $9,358.00 | Ken's Heating & AC | $75.00 | |
| Cass County Reporter | $440.92 | Casselton Drug | $5.47 |
Silbernagel made a motion, seconded by Tillisch to approve and file the financial reports. General Fund $234,968.42; Special Revenue Funds $529,051.07; Debt Service Funds ($2,144.96); Construction Funds $101,522.59; Special Assessment Funds $947,817.99; Enterprise Funds $874,697.61; Trust and Agency Funds $130,670.73 for a total of $2,816,583.45
A letter received from the Casselton Volunteer Ambulance Service Inc. They are partnering with Community Safety Net to promote safety to young children. The Ambulance Service asked the City to purchase an advertisement which in turn would allow children to receive safety books. Silbernagel made a motion, seconded by Sinner to approve $300 for sponsorship to the Casselton Volunteer Ambulance Service and Community Safety Net. All voted aye on roll call vote; motion passed.
A letter was received from the Casselton Tourism Committee asking for support in moving the Can Pile to a new location by May 22 before potential demolition. After discussion Tillisch made a motion to support the idea of moving the Can Pile, seconded by Wangler. All voted aye on roll call vote; motion passed.
The March Madness Seminar will be held in Bismarck on March 25-27, 2008. The North Dakota League of Cities sponsors the seminar.
A thank you card was received by Nick and Brandy Pyle for the flowers the City sent for the birth of their baby girl.
The current water tower service contract between the City and Maguire Iron, Inc. has expired. A letter was received from Maguire Iron, Inc. with a proposed new service contract. Mayor McConnell and Council agreed to also get a proposal from H&H out of Devils Lake.
Assistant Public Works Supervisor, Larry Davis reported that they are working on servicing summer equipment, snow removal, and meter replacements.
Discussion moved to the Pool Project Manager. The City received bids from Lightowler Johnson Associates and EAPC. Steve Dewald, president and principle civil engineer of Lightowler Johnson Associates was present to answer questions. After considerable discussion Silbernagel made a motion, seconded by Tillisch to approve the joint powers agreement and to appoint Tillisch, Spooner and empowering them to pick one public representative at large. All voted aye on roll call vote; motion passed. Mayor McConnell noted that he would like to see the at large member be someone with younger children.
Silbernagel made a motion, seconded by Sinner to recommend that the pool committee use Lightowler Johnson Associates as the Pool Project Manager. All voted aye on roll call vote; motion passed.
Wangler made a motion, seconded by Spooner to renew the contract with the State Health Department for water testing. All voted aye on roll call vote; motion passed.
City Engineer Mark Housh discussed changes in Ordinance 248-Adoption of 2006 international building codes with amendments. Anderson made a motion, seconded by Silbernagel to approve the first reading of Ordinance 248. All voted aye on roll call vote; motion passed.
Lorne Sterner, chairman of the Planning and Zoning approached the Council with the committee's informal recommendation to approve the conditional use permit for Casselton Meadows to build a 25-plex 2 story east of the existing apartment building on 2nd street south.A letter was received from Rueben Braaten at 1002 2nd St S. addressing concerns with parking and traffic issues on 2nd street south between 9th and 10th avenues. According to the complaint, it is very difficult to drive through the street when cars are parked on both side of the street.
Tillisch made a motion, seconded by Sinner to approve a conditional use permit for Casselton Meadows to build a 25-plex 2 story apartment building. All voted aye on roll call vote; motion passed. Spooner made a motion, seconded by Silbernagel to make 2nd street south between 9th and 10th Avenues a “No Parking” zone on both the north and south sides. Wangler, Silbernagel, Sinner, Spooner & Tillisch voted aye and Anderson voted nay. Motion passed.
The current Parking Ordinance was discussed. Attorney Brad Burgum was instructed to look into updating the ordinance and send out for the Council to review. No further action was taken.
Sterner also recommended (informally) to re-zone the West Half of Section 2, township 139 North Range 52 West, Cass County, ND from agricultural to agricultural-commercial, and to approve (informally) a conditional use permit for a fertilizer plant for Maple River Grain and Agronomy. Wangler made a motion, seconded by Spooner to approve the zoning change from agricultural to agricultural-commercial, and to approve the conditional use permit for a fertilizer plant. All voted aye on roll call vote; motion passed.
Sterner then welcomed Maletta Meyer as a new member to the Casselton Planning and Zoning committee. She is a member of the North Dakota Planning Association (NDPA). She will take Janice Miller's position on the committee. Meyer requested $30 from the council for the NDPA Membership. Spooner made a motion, seconded by Sinner to appoint Maletta Meyer to the Planning and Zoning Commission and to pay the $30 fee to the NDPA. All voted aye on roll call vote; motion passed.
Harold Rotunda, CPA, presented the annual City audit. He noted that the audit looks good and the City operation wise is doing well.
Anderson made a motion, seconded by Sinner to re-appoint Kenneth Habiger for a four year term to the Cemetery Association Board. All voted aye on roll call vote; motion passed.
Spooner made a motion, seconded by Tillisch to approve a raffle permit for the Wildlife Club from January 1, 2008 to June 30, 2008. All voted aye on roll call vote; motion passed. Tillisch made a motion, seconded by Spooner to approve a raffle permit for the Cass County Wildlife Club from September 1, 2008 to May 30, 2009. All voted aye on roll call vote; motion passed.
Mayor Ed McConnell recommended having the sign committee resurrected.
City Engineer Kyle Meyer presented an update on the Industrial Park project. He commented Moore Engineering is working on the specs for the project and the RDLG grant application. Moore Engineering is working with Cass County Electric on this. Quorums will have to be signed by both Cass County Electric and the City.
Meyer stated there is a protest-hearing meeting set for March 17, 2008 for landowners. Meyer commented he will meet with the landowners one more time before the protest hearing.
Council agreed it was time to revive the sign committee.
Motion to adjourn.
Dawn Suhr
Administrative Assistant
SPECIAL MEETING OF THE CASSELTON CITY COUNCIL
SSW #20 Protest Hearing
Monday March 17, 2008
7:00 PM
PRESENT: Mayor McConnell; Council Members: Spooner, Tillisch, Anderson, and Wangler.
Also Present: City Engineers Kyle Meyer, Kyle McCamy and City Auditor Brandy Pyle.
Mayor McConnell called the meeting to order opened the floor to the audience to hear any protests concerning the infrastructure for the proposed Street Sewer and Water Project #20 in the Casselton Industrial Park. Mayor McConnell also handed the chair to Council President Lee Anderson, as McConnell noted a conflict of interest.
Lowell Gunderson, Audrey Gunderson, Gary Gunderson and David Piper had a few questions regarding the proposed project.
* Landowners should have the right to look at cost allocations and come to an agreement before the Special Assessment Committee meet to review the allocations.
City Engineer Kyle Meyer answered their concerns with a review of the Project process. The engineers create the estimates, bid out the project, and then the Special Assessment Committee meets to decide how the cost allocations are distributed to the benefiting property owners. This committee can use the engineer's recommendations, however; it does have the authority to change the estimates if they choose. The committee also will hear property owners' thoughts on the allocations. The Special Assessment Committee then forwards their recommendations to the City Council who has the final approval.
The cost allocations per property owner are different due to the building infrastructure (the fertilizer plant and manufacturing plant) coming in, the Tax Increment Financing Districts (TIF's) and grant money.
It was suggested that the property owners meet and agree on how to allocate the cost of the roads.
* Will the City Council work with the current owners of undeveloped land and give special consideration to future development requests? Current owners of undeveloped land currently have no income of TIF to offset special assessments.
The Council noted that are pro-business and look forward to hearing their ideas for the area, but were not willing to commit to anything. Councilman Silbernagel noted that when they do have an idea and approach the City, there is a possibility that if may be a new Council in place.
* If the Land for Future Retention Pond is needed: Can the land owners have control over the future direction verses and entity that has the ability to derive revenues from the project?
The Council responded that the City would own the drainage pond and agreed to make the allocations of the cost of the project fair for all property owners involved.
The Council agreed to bid the 2 street developments in one project with no provisions for taking out Industrial Boulevard.
Silbernagel made a motion, seconded by Spooner, to find that there were no written protests filed against the project from any of the property owners in the district and there were insufficient protests to stop the project. All voted aye on roll call vote; motion passed. Sinner made a motion, seconded by Wangler to approve a resolution to approve the engineer's plans and specs and to advertise for bids (all in one bid). All voted aye on roll call vote; motion passed.
Silbernagel made a motion, seconded by Spooner to authorize the engineer to enter into negotiations with Eagan's for purchase of right of way. All voted aye on roll call vote; motion passed.
Discussion continued regarding health insurance premiums for the City employees. The annual renewal is April 1 for Blue Cross Blue Shield. The Mayor and Auditor Pyle met with an agent to look into other insurance companies, a high deductible health insurance plan, and a health savings plan. The quotes came in comparable, but not enough savings would be generated to make the switch. The Council agreed to remain with the same plan. The Mayor noted that Ed Van Hal, the agent, did find a better vision and dental plan for the City, and these benefit plans will be switching.
The Can Pile was discussed briefly. Auditor Pyle noted that the Tourism Committee was meeting the next day to discuss location options. The pile needs to be moved by the middle of May or it will be torn down
The Council discussed its contributions to the swimming pool. The City had dedicated $200,000 from the City Sales Tax fund, and plans to allocate an additional $100,000 from the sales tax fund. The City also has committed $100,000. The Cost of the Engineer will also be paid by the City. Representatives from the Pool Committee Spooner and Tillisch would like to see a pool budget set at $600,000. Silbernagel made a motion, seconded by Sinner to allocate $300,000 from the sales tax fund, and $200,000 from reserves with the understanding that the Park Board also allocates $100,000 towards the pool project. All voted aye on roll call vote; motion passed.
Motion to Adjourn.
Brandy L. Pyle
City Auditor
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