REGULAR MEETING OF THE CITY COUNCIL
Monday, April 7, 2008
7:00 PM
PRESENT: Mayor McConnell Council Members: Anderson, Sinner, Spooner, Wangler and Tillisch.
NOT PRESENT: Silbernagel.
ALSO PRESENT: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineer Kyle McCamy, Water Resource District Engineers Chad Engels, Brandon Oye, Deputy Joe Crawford, Craig Danielson, Administrative Assistant Dawn Suhr and Auditor Brandy Pyle.
AUDIENCE: Scott Kost, Audrey Gunderson, Jill Roden, Kerri Schneider, Gary Sporel, Diane Sporel, Tim Mclean, Lynae Sims, Tom Roach, Greg Kempel, Chris Prochnow, and Amanda Gades
Anderson made a motion, seconded by Wangler to approve the minutes of Feb 28, March 3, 17, 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.
Tillisch made a motion, seconded by Sinner, to approve the following bills, water deposit refunds and salaries for the month of April. All voted aye upon roll call vote; motion.
| Advanced Business Methods | $3,914.22 | Kevlott Testing | $50.00 | |
| AFLAC | $113.96 | Marv Haugen Ent. | $180.36 | |
| Ameripride | $91.07 | ND DOT | $655.83 | |
| Blue Cross | $3,060.05 | ND Dept of Health | $221.20 | |
| Burgum Law Firm | $1,083.33 | ND League of Cities | $65.00 | |
| Brandy Pyle | $203.33 | ND One Call | $13.64 | |
| Brokers National | $248.30 | ND Tax Department | $1,163.21 | |
| Avesis | $85.60 | Xcel | $531.80 | |
| ABC Seamless | $300.00 | OfficeMax | $44.47 | |
| Bill Carlson | $63.60 | Orbitcom | $272.96 | |
| Cass County Reporter | $1,557.93 | Ottertail | $3,761.79 | |
| Cass County Treasurer | $9,358.00 | Casselton Parks & Rec | $400.00 | |
| Cass County Electric | $431.03 | Power Plan | $12.60 | |
| Cass Rural Water | $21,394.56 | Bismarck Ramkota | $110.00 | |
| Petro Serve | $2,024.02 | Reed Construction | $449.28 | |
| Chris Olson | $6.68 | Petro Serve | $5,839.58 | |
| City of Fargo | $3,166.60 | Starion Bond Services | $488,948.62 | |
| Cougar Mountain | $10,895.00 | Sturdevants | $221.46 | |
| Farm Plan | $6.00 | Sweeney Controls | $326.84 | |
| First State Bank | $16,000.00 | Toop Insurance | $18,644.00 | |
| Hardware Hank | $46.04 | Verizon Wireless | $107.96 | |
| Hawkins | $793.94 | Victorian Rose Floral | $93.00 | |
| Jeanne Hersch | $100.00 | Weber Insurance | $775.00 | |
| Hobart | $15.00 | American Welding | $12.40 | |
| Holt | $1,231.00 | NDEHA | $10.00 | |
| Innovis Health | $299.00 | UBS | $1,188.84 | |
| ITD | $30.75 | Bremer | $4,155.99 | |
| Johnson Pest Control | $110.00 | USPS | $171.35 | |
| Casselton Community Network | $105.55 | ND Disbursing | $427.38 | |
| My PC | $19.95 | Chris Olson | $16.68 |
Anderson made a motion, seconded by Tillisch to approve and file the financial reports. General Fund $309,539.39; Special Revenue Funds $590,226.50; Debt Service Funds $128,815.78; Construction Funds $104,453.05; Special Assessment Funds $1,115,811.74; Enterprise Funds $902,299.95; Trust and Agency Funds $142,107.69 for a total of $3,293,254.10.
A thank you note was received from Twila Schrock for the flowers the City sent to Dellis's funeral. Erik Volk also sent a thank you note for hosting the Operators Certification Exam Refresher Course. KC PRO West racers and parents sent a thank you for the City's support for their racing event. Councilman Craig Tillisch sent a thank you as well, for flowers sent to his home during his recovery from surgery.
Councilman Tillisch reviewed the Pool Committee's meeting last week. They have appointed a chairman, vice-chair, set a budget, hired Lightowler Johnson as the project manager and have set a budget. Their next meeting will be April 15th.
Anderson made a motion, seconded by Sinner to approve the second reading of ordinance 248, International Building Code. All voted aye on roll call vote; motion passed.
Two bids were received for maintenance service on the City's water towers. Public Works Supervisor Kevin Mayer reviewed the bids from H & H Coatings and Maguire Iron. He recommended H & H as they have been good to work with in emergencies, and do a thorough job. Sinner made a motion, seconded by Anderson to approve the 6 year water tower service contract with H & H Coatings. All voting aye on roll call vote; motion passed.
President Scott Kost updated the Council on the Job Development Authority's activities. Since he last visited the Council, they have appointed a new board member, and have been getting about 2-3 inquiries a month about office space, land available, and financial incentives. He answered questions on the proposed county wide sales tax. The tax will go towards infrastructure such as K-12 education system, science and technology, air travel to the region. The purpose of the tax is to build employment opportunities to the area and be competitive in the global environment. Any proposed project would go though a 3 tier approval process. The approval process entails the Greater Fargo Moorhead Economic Development Cooperation, the Growth Initiative Fund, and the Cass County Commission.
Lynae Sims noted that she had a hard copy of the initiative and would get a copy to Auditor Pyle for Council to review. Kost finished with a review of the committee's financials.
Lynae Sims reported on her experiences in the North Dakota Rural Leadership Program. She has been attending monthly training in all parts of the state to sharpen her leadership skills. Part of the course is to create a community project. Sims project, "Let's put the Unity in Community", entails hiring a full time Executive Job Development Director. This position would only be guaranteed for 2 years and would be evaluated by written goals, a job description, and other benchmarks set in place. This person would be able to write grants, develop brochures, signs, and a quarterly news letter, and be the connection between different committees and boards. She sees this person working with the growth initiative fund, booth home show, business developers, Summerfest, the City's access channel. She would like the City take a more proactive approach when marketing our community. The budget for this position would be between $50,000 and $100,000. She has visited with other boards in Casselton and has heard all positive about the idea. She plans to visit with the Council in July or August again to fund this position.
Fire Chief Tim Mclean reported that there will be a full scale train derailment exercise in June or July to test the Code Red, emergency response procedures for the fire department, City and Ambulance.
He noted that Casselton hosted hazmat training at the fire hall where 6 fire departments were represented. They have one fire truck that is almost done being refurbished. Council agreed to buy paint if the Fire Department could find a service group to repaint the fire hydrants in town. The Fire Department received a grant for new turnout gear for the entire department and is also working to update their extraction tools. The new paging system should be working by late summer. The Fire Department is now up to about to 30 members
The Council recognized Public Works Supervisor Kevin Mayer and welcomed him home from Iraq.
Lorne Sterner, chairman from Planning and Zoning recommended approving a conditional use permit for Francis Wilhelm to operate a sharpening/ repair business in 545 Front Street. He is a certified sharpener and also plans to be a handy man/ maintenance man. Tillisch made a motion, seconded by Sinner to approve conditional use permit for Francis Wilhelm to operate a sharpening/repair business at 545 Front Street. All voted aye on roll call vote; motion passed.
Planning and Zoning also recommenced to approve a permanent conditional use permit for Sonshine to operate a daycare/preschool facility at 2050 Governor's Drive Suite B. Parents have been pleased with the facility and it has been working well with the school's bussing system. Wangler made a motion seconded by Spooner to approve a permanent conditional use permit for the Sonshine Center
Water Board Engineers Chad Engels and Brandon Oye and Roger Olson from the Maple River/Rush River Water Resource District presented information on the Swan Creek Diversion Project. They have some concern that the funding expected from the State Water Board will not be as much as they have hoped. $500,000 was granted in the last biennium, with a promise that the project will be considered for additional funds in the next biennium. Plans and specs are ready for bid, but the Maple River/Rush River Water Resource District has not bid out the project.
The plan is to do the project in two phases. The first phase will start at the bridge on State Highway 18 and go east to the Lagoons. The second phase will go west from the bridge on State Highway 18. The local cost for the first phase is estimated at $900,000 with a contribution from the Maple River/Rush River Water Resource District for $250,000 with reduces the cost to city to approximately $650,000. Some Councilmen were concerned that the second phase could cost more and might not receive additional funds State Water Board.
The other issue that the Engineers have run into is a property owner is not willing to sell land so that the road can be moved over. Jack Dalrymple asked the Water Resource District and Engineers to look into building a smaller diversion that would fit in the right of way. Engels reported that a 4:1 slope with a 10 foot bottom, would not work because the slope would not be stable enough. He also noted that if the smaller diversion was built, it may not be enough when FEMA re-evaluates the city and could potentially put more of the City in the flood plain. The Engineers believe that the original 5:1 slope based on the design from Midwest Testing would be the right figures to protect the City from a 100 year flood. Council inquired if a retaining wall along Dalrymple's property would be and alternative. Engel's responded that they could, but the cost per foot would be very expensive. Council encouraged the Engineers to visit with Dalrymple again with their findings.
Anderson made a motion, seconded by Tillisch to approve a resolution of support for the Swan Creek Diversion Project in he original design. All voted aye on roll call vote; motion passed. The Mayor will send a letter to the Governor and Lieutenant Governor with regards to the diversion project.
E-mails between property owner Roger Frith, City Engineer Kyle Meyer and City Attorney Brad Burgum were reviewed. Frith has a list of requests before he signs the easement on his property for the Water board. The City easement exists, but as it seems, the Water Board had property owners sign another easement for the work on Drain 64 to be done. The City will write a letter to Frith directing him to the Water Board, as this is technically their project and right-of-way issue.
Deputy Joe Crawford introduced Cass County Deputy Craig Danielson to the Council. Danielson is replacing Deputy Steve Sprecher who will carry the duty of weighing overloaded trucks. The Council looks forward to working with the new deputy.
Mayor McConnell met with the Tourism Committee. He asked Diane Sporel if the City could purchase a small part of her land and move can pile over to the property. He plans to name a small park after her parents. Diane plans to get back to the Mayor. The Park Board has agreed to do the up keep on the park.
Wangler made a motion, seconded by Sinner to approve a resolution to purchase 2.75 acres from Marlys Eagan for $16,000 per acre for a right-of-way. All voted aye on roll call vote; motion passed. There has been a verbal agreement on this issue.
City Engineer Kyle McCamy submitted a copy of the REDLG grant application and noted that district #20 bids will be opened in the Council Chambers on Friday at 10 a.m.
The Engineers put in an alternate bid to fix the east side of Heartland Avenue as it has a large crack down the middle. This alternate does not have to be accepted. The Council agreed to meet on Monday to review bids and award a contract at 7 p.m. for the project so that the contractors can get the work done.
Tillisch made a motion, seconded by Sinner to accept the Cass County GIS Web Fusion Access Agreement for a one time $250 fee. All voted aye on roll call vote; motion passed.
The grain dust problem from Valley Grain Elevator was the next item discussed. They have an engineer working on it, but plan to install another mill and a complete dust system. The work should be done in August. The Elevator has tried not to run on windy days and have hauled screenings out to minimize the air disturbance. In the short term, the Elevator is doing their best, but once everything is in place, their nuisance should be gone. Sinner made a motion, seconded by Anderson to write a letter to the elevator with the understanding of what they are doing and ask to be kept informed, and to keep advised of community celebrations. All voted aye on roll call vote; motion passed.
Spooner made a motion, seconded by Wangler to approve the Retail Fireworks permit application submitted by Memory Fireworks. All voted aye on roll call vote; motion passed.
Tillisch made a motion seconded by Sinner to appoint Rachael Hoffstrand to the Tourism Committee. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to allow the Auditor to keep her adjusted salary as it was during the time when the Public Works Supervisor was deployed to Iraq. All voted aye on roll call vote; motion passed.
Community Service Award is set for May 1, social will be at 6, dinner at 7 St. Leo's Spirit of Life Center to honor Dr. Gerald Parker.
Wangler made a motion, seconded by Sinner to allow the Post Office to utilize the City Auditorium if the Post Office destroyed in a disaster. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to approve the amendments to the Urban Renewal Plan. This amendment clarifies definitions and updates the plan to include newly annexed areas. Tillisch made a motion, seconded by Sinner to approve the amendment to the Urban Renewal Plan. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Anderson to establish a fund for Street Sewer Water District #20. All voted aye on roll call vote; motion passed.
Information was received on the Williston Basin Interstate Pipeline Company. They are planning to run a pipeline to the new ethanol plant and were notifying property owners within a one mile radius of the proposed line.
Tillisch made a motion, seconded by Wangler to request Ottertail to install a light pole on 2nd Avenue South between Fairway Drive and Cottonwood Drive. All voted aye on roll call vote; motion passed.
Spooner made a motion seconded by Sinner to approve the first reading of Ordinance 249, Snow Removal Parking Enforcement. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Wangler to approve the first reading of Ordinance 250, speeding violation fines. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to approve the first reading of Ordinance 251- Adult Entertainment. All voted aye on roll call vote; motion passed.
Motion to Adjourn.
Brandy L. Pyle
City Auditor
SPECIAL MEETING OF THE CASSELTON CITY COUNCIL
Monday, April 14, 2008
7:00 PM
PRESENT: Mayor McConnell; Council Members: Spooner, Silbernagel, Tillisch, Anderson, and Wangler.
ALSO PRESENT: City Engineers Kyle Meyer, Kyle McCamy, Assistant City Attorney Del Losing and City Auditor Brandy Pyle.
AUDIENCE: Gary Sporel, Diane Sporel
City Engineer Kyle Meyer reviewed the bids for Street Sewer Water Improvement District #20.
Silbernagel made a motion, seconded by Sinner to award the Street Sewer Water Improvement District #20 project to Opp Construction for the low bid for Part 1 ($71,170.75) and Part 2 ($648,111.85) contingent upon CDBG environmental release of funds. All voted aye on roll call vote; motion passed.
Anderson made a motion, seconded by Wangler to approve change order #1 for Improvement District #20 to delete Part 1 from the contract for the amount of $71,170.50. All voted aye on roll call vote; motion passed.
A motion made by Wangler, seconded by Silbernagel to accept the low bid from Opp Construction for $71,170.75 for Part 1 of District #20. All voted aye on roll call vote; motion passed.
Spooner made a motion, seconded by Tillisch to approve Just for Kix's request to rent the City Hall September- April on Mondays from 3:45p.m. - 5:30p.m. and Tuesdays 4:00 to 8:00 p.m. All voted aye on roll call vote; motion passed.
Motion to Adjourn.
Brandy L. Pyle
City Auditor
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