REGULAR MEETING OF THE CITY COUNCIL
Memorial Auditorium
Monday, May 5, 2008
7:00 PM

PRESENT: Mayor McConnell Council Members: Anderson, Sinner, Spooner, Silbernagel, Wangler and Tillisch. ALSO PRESENT: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineer Kyle McCamy, Deputy Craig Danielson, and Auditor Brandy Pyle. AUDIENCE: Bob Miller, Mike McClain, Rebecca Burge-Buss, Scott Handy, Geri Coyne, Sid Mauch, Amanda Gades, Ryan Toop, Cole Carley, Lowell Gunderson, Audrey Gunderson, June Calderwood, Dave Calderwood, Gary Sporel, Mike Utt, Diane Sporel, Ken Habiger, Lynn Runck, Sgt Nitschke, Bernie Sinner, Bill Rutz, Bruce Whitmarsh.

Wangler made a motion seconded by Tillisch to approve the minutes of April 7, 8, 14 City Attorney's Report, Police Report, 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 May. All voted aye upon roll call vote; motion.

AFLAC$113.96Holt Landscape$312.00
Ameripride$91.07ITD$30.75
Avesis$78.70King Farms Trucking$200.00
Blue Cross$2,870.50Marlys Eagan$41,200.00
Burgum Law Firm$1,883.33Midland Atlas Co$83.00
Brandy Pyle$12.50Minkota Recycling$280.00
Brokers National$239.60MJ Dalsin$177.90
Bud's Electric$46.00Moore Engineering$56,250.00
Cass County Reporter$1,758.23ND One Call$7.44
Cass County Treasurer$9,358.00ND Sewage Pump$769.00
Cass County Electric$418.91Xcel$201.88
Casselton Public Library$30,000.00Officemax$87.31
Cass Rural Water$22,842.56Opp Construction$56,586.60
CatCo$11.51Orbitcom$274.43
City of Fargo$2,632.00Ottertail Power$3,574.53
Cote Mechanical$166.46Casselton Parks & Rec$4,771.70
Earl's Repari$35.09Powerplan$118.65
City of Ellendale$60.00Bismarck Ramkota$110.00
Farm Plan$1,602.37Reed Construction Data$449.28
Casselton Fire Dept.$20,100.00Richard Davis$100.00
The Forum$351.40Scheels Home & Hardware$17.99
Fargo Freightliner$30.46Central Cass School$4,503.85
Sheyenne Gardens$750.00Scott Bultema$11.65
Geo E Haggart$9,509.50Structural Material$155.40
Hardware Hank$943.94Sturdevant's$58.79
Hawkins Chemical$894.54Dawn Suhr$132.60
ND State Dept of Health$10.00Verizon Wireless$108.13
UBS$1,793.71Bremer$5,802.26
USPS$220.56  

Sinner made a motion, seconded by Tillisch to approve and file the financial reports. General Fund $294,568.68; Special Revenue Funds $605,847.74; Debt Service Funds $50,018.65; Construction Funds $105,565.45; Special Assessment Funds $988,334.72; Enterprise Funds $826,472.69; Trust and Agency Funds $142,680.07 for a total of $3,013,488.00.

Public Works Supervisor Kevin Mayer reported that clean up week is going well.

Spooner made a motion, seconded by Silbernagel to approve the second reading of ordinance 249, Snow Removal Parking Enforcement. All voted aye on roll call vote; motion passed.

Wangler made a motion seconded by Sinner to approve the second reading of ordinance 250, Speeding Violations. All voted aye on roll call vote; motion passed.

Sinner made a motion seconded by Tillisch to approve the second reading of ordinance 251, Adult Entertainment. All voted aye on roll call vote; motion passed.

Gene Orson, Fargo Region Co-chair of the Employer Support Guard and Reserve presented the Patriot Award to Mayor McConnell and Council. Soldiers nominate the recipients for their outstanding support for the soldier during their time of service

RDO Casselton store manager, Richie Larson approached the Council asking to host its 40th Anniversary in Governor's Park. They will be hosting a picnic in Governor's Park for their employees and will be inviting the public to a dance on June 26th. Sinner made the motion, seconded by Tillisch to approve the use of the park, the open container ban lift and street closings for RDO's celebration on June 26th. All voted aye on roll call vote; motion passed. RDO will work with the Cass County Sheriff's Department for security and with Public Works for dumpsters.

Cole Carley from the Fargo-Moorhead Convention & Visitors Bureau and Lowell Gunderson from the Governors' Inn approached the Council asking for a 3% lodging tax. The monies collected would go to the FM Convention & Visitors Bureau to create opportunities to bring in group events, tours, conventions, travel trade, sports tournaments to the Fargo- Moorhead and Casselton Area. The State caps a lodging tax at 3%. Mike McClain, vice-chair of the Casselton Tourism Committee suggested that this tax should go towards local efforts in to promote Casselton. He agreed that joining together would be a good idea, but we should start funding something locally first. No motion taken on this issue.

Geri Coyne from Otter Tail and Scott from Cass County Electric Cooperative approached the Council asking the City to sign a Service Area Agreement. The Agreement would help provide operation, safety, adequate and reliable electric service for the residents of Casselton and surrounding area. It would also allow both entities to plan for Casselton's future development so that they do not double up on service and avoid future legal disputes. The City of Kindred has a similar agreement. Spooner made a motion seconded by Silbernagel to authorize the Mayor to sign the Service Agreement. All voted aye on roll call vote; motion passed.

Sales Tax Grant Applications were reviewed next. The committee requested a formal action for keeping some sales tax revenue in reserves. This money will be kept for future matching grants or a natural disaster.

Silbernagel made a motion seconded by Wangler to recommend maintaining a $100,000 in the Sales Tax fund as a reserve. All voted aye on roll call vote; motion passed.

The Sales Tax Committee received a request from Cottonwood Golf Course for a new club house. The Sales tax committee recommended supporting $25,000 to be dispersed in the fall of 2008, as there were not sufficient funds for the entire $50,000 requested. Silbernagel made the motion, seconded by Tillisch to approve $25,000 for the Cottonwood Golf Course to be disbursed in the fall of 2008. All voted aye on roll call vote; motion passed.

The Sales Tax committee recommended approving funding the Generations Connecting request in the amount of $4,503.85. Wangler made the motion, seconded by Sinner to approve $4,503.85 for Generations Connecting. All voted aye on roll call vote; motion passed. Check will be made to Central Cass School District, who is their fiscal agent

The Sales tax committee recommended approving funding the Cass County Sheriff's Department requested $300 for the National Night Out. Sinner made the motion, seconded by Sinner to approve $300 for the National Night Out Event. All voted aye in roll call vote; motion passed.

The fourth request for sales tax grants was received from the City. The Committee recommended supporting the request in the fall 2008 for the full amount when funds are available. Sinner made the motion, seconded by Silbernagel to approve $100,000 for the Pool. All voted aye on roll call vote; motion passed.
 
Bob Miller from the Casselton Airport Authority presented his annual report. The state of the airport is well. They have worked with the FAA, State and local contributions have worked on different projects to expand the airport. There are approximately 80 airplanes based at the Casselton Airport.

Kurt Bollman, president of Logering Manufacturing approached the Council to discuss the Casselton Can Pile. He reviewed the history of Loegering's. He has spoken for the Can Pile when the company was sold twice in the last few years. He noted that employees have thought it to be an eye sore. It was decided that it was easier to remove the structure than go through the hassle of arguing with corporate attorneys who were worried it was an EPA issue.

The Casselton Tourism has been working on a plan to save the Can Pile and has discussed several options. The ideas being Loegering to donate the space that the structure sits on with 2-3 parking spaces, have Loegering's donate money to move the structure to Bonanzaville, or move it to a neighboring property and create a park around it. Bollman noted that he would only give the amount of money that it would take to bury the pile.

Bollman also said that it cannot be moved to a location anywhere on Cass County Parcel Number 38-0000-0485-4020 or 38-0000-0485-4010 within 500 feet of the immediate north side 37th Street SE of the Logering Manufacturing property. If there wasn't a place for the structure to go, demolition is set for May 29th. He suggested that he keep 100-300 cans to sell and donate money for a local charity and proceeds from the remaining recycled cans would also go to a local charity.

Audience members Ken Habiger, Bruce Whitmarsh, Alan Runck, and Cindy Phillips spoke in favor of keeping the Can Pile. Habiger noted that the Tourism Committee was in the process of researching grants, and a location to move the pile. Phillips plans to use personal contacts to help in the quest to save the structure.

At this point in time there is not a definite plan, but the Mayor hopes that it can be saved.

Mayor McConnell opened the hearing to review and approve a modification of the Casselton General Plan for Urban Renewal and Development to include additional property, specifically Heartland Second Addition to the City of Casselton, and all annexed land in the Northwest Quarter (NW 1/4) of Section 2-139-52, Cass County, North Dakota, located within the city limits of Casselton; and approve the Development Plan and agreement for the issuance of tax increment and or refunding improvement bond financing to assist with the construction of street improvements for access to the Maple River Grain and Agronomy, LLC, dry fertilizer plant and the Unverferth storage warehouse for farm equipment. No objections were presented. There were a few question raised about the future storm retention pond.

Silbernagel made a motion, seconded by Anderson to approve a modification of the Casselton General Plan for Urban Renewal and Development to include additional property, specifically Heartland Second Addition to the City of Casselton, and all annexed land in the Northwest Quarter (NW 1/4) of Section 2-139-52, Cass County, North Dakota, located within the city limits of Casselton; and approve the Development Plan and agreement for the issuance of tax increment and or refunding improvement bond financing to assist with the construction of street improvements for access to the Maple River Grain and Agronomy, LLC, dry fertilizer plant and the Unverferth storage warehouse for farm equipment. All voted aye on roll call; motion passed.

City Engineer Kyle McCamy updated the Council on the progress on the Industrial Park phase 1. The water line is in. He submitted partial payment # 1 to OPP Construction in the amount of $56,586.60. McCamy noted that permanent financing was not secured at this time and the City would need to find temporary financing through October. The CDBG funds in waiting should be released later this month and the REDLG grant application was in, but we are waiting to hear back in August. Permanent finance will be secured for this project once the amount of the grant awards is known.

Anderson made a motion, seconded by Tillisch to approve the resolution authorizing the issuance of temporary improvement warrants not to exceed $870,000 and not to exceed 5% until October 2008. All vote aye on roll call vote; motion passed

Wangler made a motion, seconded by Silbernagel to pay Partial Pay #1 to Opp Construction in the amount of $56,586.60 for work completed on Street Sewer Water District #20. All voted aye on roll call vote; motion passed.

Wangler made a motion seconded by Tillisch to pay Moore Eng bill of $56,250.00 for work completed on Street Sewer Water District #20. All voted aye on roll call vote; motion passed.

Anderson made a motion seconded by Tillisch to approve Partial Payment #7 to Geo E. Haggart for Improvement District #18for improvements completed in the amount of $9,509.50. All voted aye on roll call vote; motion passed.

Council members Spooner and Silbernagel stepped out.

Sinner made a motion seconded by Anderson to approve the authorize gaming site renewals for the Veterans Incorporated at the Red Baron and the Vets Club; Prairie Public Broadcasting Inc at T's Shamrock; and Northern Prairie Performing Arts at Wild Knights. All voted aye on roll call vote; motion passed.

Two bids were received for the dump truck the City had for sale. Bids were received from Bruce Pueppke for $1,200 and Tim Mclean for $1,750. Sinner made a motion, seconded by Anderson to accept the high bid of $1,750. All voted aye on roll call vote

Councilman Spooner returned.

New residents have been purchasing trash cans that are too big. Mayer is concerned that the large over weighted cans could harm to Public Works Employees. Mayer proposed a warning policy for tagging trash cans. Sinner a motion, seconded by Tillisch to approve the trash can warning policy. All voted aye on roll call vote; motion passed.

Mayor received a bid from Ferrall to spray a chemical on the frontage road south of the diversion that will control the dust. The chemical should cover about a mile for $3,000, and they say that they will redo the application if it doesn't hold for the entire summer. Sinner made a motion, seconded by Tillisch to enter into an agreement with Ferrall to control dust for $3,000.

The Council reviewed the Public Works Salaries. Council agreed that they needed to increase salaries to be competitive with other similar type work in the area. Tillisch made a motion, seconded by Sinner to increase the Public Works salaries by $1.50 per hour across the board to take effect on the next pay period. All voted aye on roll call vote; motion passed. This should impact the budget by about $9,000.

Auditor Pyle recommended making a change in the personnel policy manual. The change would ask employees to notify the city sooner to request time off. Tillisch made a motion, seconded by Anderson to approve amendments (1 week prior to the requested time off) to the Personnel Policy Manual. All voted aye on roll call vote; motion passed.

Anderson made a motion, seconded by Tillisch to approve the 2007 Casselton Water Quality Report. All voted aye on roll call vote; motion passed.


Motion to Adjourn.

Brandy L. Pyle
City Auditor