REGULAR MEETING OF THE CITY COUNCIL
Monday, June 2, 2008
7:00 PM
Council Chambers
PRESENT: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Wangler, Sinner, and Tillisch.
ALSO PRESENT: Public Works Supervisor Kevin Mayer, City Attorney Brad Burgum, City Engineers Kyle McCamy and Kyle Meyer, Deputy Joe Crawford and City Auditor Brandy Pyle.
AUDIENCE: Lynae Simes, Diane Sporel, Aaron Nudel, Cass County Reporter Amanda Gades
Tillisch made a motion seconded by Spooner to approve the minutes of May 2 and 5; 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 Wangler, to approve the following bills, water deposit refunds and salaries for the month of June. All voted aye upon roll call vote;
| 3 D Specialities | $1,022.23 | Master Construction | $75,672.90 | |
| AFLAC | $122.12 | Medcenter One | $50.00 | |
| Ameripride | $160.99 | Mike Bruns Radiator | $300.00 | |
| Avesis | $78.70 | Moore Engineering | $8,559.20 | |
| Blue Cross Blue Shield | $2,676.75 | ND One Call | $23.56 | |
| Burgum Law Frim | $8,663.48 | Xcel | $126.75 | |
| Brokers National | $459.20 | Officemax | $269.70 | |
| Seth Carlson | $309.00 | ND Dept of Commerce | $2,239.69 | |
| Cass County Reporter | $521.92 | Orbitcom | $275.30 | |
| Cass County Treasurer | $9,358.00 | Ottertail Power | $3,438.78 | |
| Casselton Drug | $2.38 | Pizza Ranch | $36.25 | |
| Cass County Electric | $431.49 | Powerplan | $226.54 | |
| Cass Rural Water | $24,085.76 | Preference Personnel | $765.28 | |
| Casselton Cemetery Assoc. | $9,000.00 | PetroServ USA | $1,059.71 | |
| City of Fargo | $2,572.70 | SS Landscaping | $372.29 | |
| Cool Beanz | $102.00 | Cass County Summerfest | $9,320.00 | |
| Craig Carlson | $30.00 | Verizon Wireless | $108.43 | |
| Econo Signs | $306.22 | Victorian Rose Floral | $53.00 | |
| Fargo Water Equip/ | $1,371.86 | Judy Walz | $10.01 | |
| Sheyenne Gardens | $918.37 | American Welding | $5.60 | |
| Geo E Haggart | $52,303.43 | City of West Fargo | $280.00 | |
| Hawkins Chemical | $932.62 | Bremer | $4,451.77 | |
| ITD | $30.75 | Jensen Bros Construction | $17,350.00 | |
| Jayhawk Software | $400.00 | Lightowler Johnson Assoc. | $13,277.50 | |
| JDA | $6,950.00 | UBS | $1,265.02 | |
| Johnson Pest Control | $105.00 | USPS | $235.04 | |
| ND Disbursing | $427.38 | Minot State University | $155.00 | |
| Casselton Community Network | $105.55 | PC Anywhere | $19.95 | |
| Expedia.com | $439.00 | Cellular communications | $51.80 | |
| Office Max | $42.96 |
Silbernagel made a motion, seconded by Tillisch to approve and file the financial reports. General Fund: $41,767.49; Special Revenue Funds: $597,503.96; Debt Service Funds: $50,018.65; Construction Funds: $106,005.09; Special Assessment Funds: $1,076,870.78; Enterprise Funds: $851,268.17; Trust and Agency Funds: $139,957.43 for a total of: $2,863,391.57.
An invitation was received from Moore Engineering for their upcoming open house at their new building on June 26th.
The North Dakota League of Cities Annual Conference is scheduled for September 25-27. Mayor McConnell encouraged the Council to attend. The League of Cities was also taking nominations for Hometown Hero awards, City of the Year, Outstanding City Employee, and Outstanding City Elected Official.
Deputy Joe Crawford reported that they have seen more activity in the community. In the past month there have been 7 adult and 5 juvenile arrests. Crawford wanted to know that the age curfew time to be able to enforce the ordinance.
Public Works Supervisor Kevin Mayer reported that they will be crack sealing the north east side of town this year in the next few weeks. City Engineer Kyle Meyer reported that the sand-jacking company will meet with him this week and the work will be done soon. The old water tower is still waiting to be serviced before it can go back on line. Mayer was instructed to see if the Public Works could borrow the Park Board's sprayer to spray city owned lots. The dandelions and weeds are starting to take over the property.
Mayor McConnell reported that the Can Pile was moved last Friday. The press coverage has been incredible for the community. The newly formed non-profit corporation is now in charge of finding a permanent home.
In continuing with Clean Up week (May 5-10) clean up letters were sent out to 42 properties that have accumulated unlicensed vehicles or junk on the property. The Mayor plans to review the list and send out a few more letters. Police were instructed to check licenses on vehicles and remove them when the order comes in.
The Council discussed the clean up letters. There are several properties in town that seem to have on going issues. Council decided not to impose a limit on the number of cars when the ordinance was fist established. City Attorney Brad Burgum will revisit Fargo and West Fargo's ordinances and policies to remove these nuisances. Burgum will also review the zoning for the identified properties, to ensure that the correct licenses and conditional use permits were obtained.
Casselton resident Aaron Nudel, who lives on 2nd Street south, approached the Council with complaints of the number of vehicles on 201 8th Avenue South and semi- truck traffic on his residential street. The traffic is from Central Sales semi trailers who are unloading in front of Nudel's house, many times blocking his driveway and not allowing vehicles though incase of an emergency. Central Sales also pushed snow onto the Nudel property this past winter. The City will send a letter to Central Sales regarding the traffic issue.
Sinner made a motion, seconded by Wangler to designate the Cass County Reporter as the City of Casselton's official newspaper. All voted aye on roll call vote; motion passed.
Councilmen Pete Silbernagel presented his idea of a City Engineer/ Administrator for the City of Casselton. This proposal follows some of the ideas that Lynae Sims, a participant in the Rural Leadership Program, presented to the Council in April. He would like to see improvement in communication and efficiencies within the City itself, with different community groups, and working with outside entities to promote Casselton. This position would help prepare the city for future growth and create continuity throughout the different councils. He hopes that it will alleviate some of the work load of the Public Works Supervisor, Auditor, and Council. In his research, Silbernagel found that Watford City has a similar position on their staff. Watford City's Mayor and city staff noted that this is a work in progress.
Lynae Sims reported on her thoughts on the proposal. She thought this position is essential and supports the project fully. She sees the person identifying the strengths of the City and how to better use the resources. The key is finding the right person for this position.
The Council agreed that they would like to hear from other communities with this type of position. The Council also had questions regarding the cost, responsibilities and job description.
Spooner made a motion, seconded by Tillisch to move forward adopt the City Engineer/ Administrator position. Discussion continued concerning the job description, and re-arranging responsibilities. City Engineer Kyle Meyer said that he has seen a similar role in Minnesota with this person overseeing personnel and the strategic planning for the city. Spooner rescinded his motion. Tillisch rescinded his second. After considerable discussion, Spooner made a motion, seconded by Tillisch, to create a committee of 2, nominating Silbernagel and Sinner to further explore the City Engineer/ Administrator position. All voted aye on roll call vote; motion passed.
A letter was received from Cass Rural Water Users District asking for permission to place an antenna on the south water tower as they are in the process of replacing cell phone based monitoring and control system. Public Works Supervisor Kevin Mayer didn't see a problem with it, but would like to have a written agreement, a fee schedule and review periods established. The water tower is set up to hold antenna and there has conduit already set up. Cass Rural Water District would like to monitor Casselton's reservoir. Mayer reported that the City works with Cass Rural Water closely. Wangler made a motion, seconded by Silbernagel to approve an agreement with Cass Rural Water Users District with stipulations to cover City costs and administrative expenses, a fee schedule and review periods. All voted aye on roll call vote; motion passed.
Silbernagel made a motion, seconded by Sinner to approve temporarily self funding Street Sewer Water Improvement District #20 at 4.25%. The money would be borrowed from the following funds: The first $250,000 from the general fund, next $100,000 from the Major Projects and next $100,000 from Major Equipment. All voted aye on roll call vote; motion passed. The project will have permanent financing by November.
Tillisch made a motion, seconded by Sinner recognize the Fargo Jaycees as a public-spirited organization and approve the raffle permit application for an event on August 17, 2008. All voted aye on roll call vote; motion passed.
Discussion continued about Clean Up Letters. There were a few properties that need a letter because of unkempt lawns, junk vehicles and other junk items on the lawn. The Auditor will send out letters to the identified property owners.
Councilman Tillisch noted that demolition is completed on old pool, bids are out, and the bid opening for construction of the new pool is set for June 12 at 7 p.m.
Mayor McConnell updated the Council on the Swan Creek Diversion project. The Governor's office called and supports the project at a no cap. Project engineers will work with property owners to obtain right of way. The State Water Commission meets on June 23rd. The project is set to go out for bid as soon as the funding is approved.
City Engineer Kyle Meyer presented pay requests Street Sewer Water Improvement District #18. Sinner made a motion, seconded by Silbernagel to approve partial payment #8 to Geo. E. Haggart in the amount of $52,303.43 for work completed All voted aye on roll call vote; motion passed. Anderson made a motion, seconded by Tillisch to pay Moore Engineering $1,300 for professional fees for Street Sewer Water Improvement District #18. All voted aye on roll call vote; motion passed.
Sinner made a motion seconded by Wangler to pay partial payment #8 Street Sewer Water Improvement District 19 to Master Construction in the amount of $78,672.90 for work completed. All voted aye on roll call vote; motion passed. Wangler made a motion, seconded by Tillisch to pay Moore Engineering $7,179.20 for professional fees on Street Sewer Water Improvement District 19. All voted aye on roll call vote; motion passed
Street Sewer Water Improvement District 20 still waiting on CDBG on approvals before the next phase will be started.
Mayor McConnell noted that there were some issues with pickups and golf carts on the new bike path.He will talk to the Golf Club and Park Board.
Motion to Adjourn.
Brandy L. Pyle
City Auditor
SPECIAL MEETING OF THE CASSELTON CITY COUNCIL
Monday, June 16, 2008
8:00 PM
PRESENT: Mayor McConnell; Council Members: Spooner, Silbernagel, Tillisch, Anderson, and Wangler.
NOT PRESENT: Sinner;
ALSO PRESENT: City Auditor Brandy Pyle City Engineers Roger Fenstad, Kyle Meyer Lake Agassiz Representatives Tracy Anderson, Amber Schaan
Mayor McConnell welcomed everyone to the special meeting to address several issues.
With Cass County Reporter Amanda Gades attending the meeting, the Council amended the agenda. Silbernagel made a motion, seconded by Wangler to amend the agenda to include Improvement District #20, Nickel Pool budget amendment, Improvement District #19, and purchasing a new truck. All voted aye on roll call vote; motion passed.
Mayor McConnell reclused himself as chair of the discussion as he is a property owner in the Industrial Park.
The first item of discussion concerned the financing plan for Improvement District #20. The City is self-financing the project until grant applications have been awarded and special assessment bonds are sold. Lake Agassiz Representatives Tracy Anderson and Amber Schaan reported that the grant application for the Lake Aggasiz Regional Council was denied. They noted that HUD did not award the grant due to the project did not meet job retention and creation criteria. City Engineers Roger Fenstad and Kyle Meyer are optimistic that the REDLG grant application will be approved.
Meyer showed the Council how the change in funding will affect property owners' special assessments. The $120,000 will be assessed back to Maple River Grain and Agronomy and Unverferth's properties. Meyer also noted that since the projected has started, interest rates have gone down to about 4%. A lower interest rate gives the City an opportunity to secure cheaper financing.
Discussion continued about future drainage issues. City Engineers have been in contact with the North Dakota Department of Transportation with regards to culverts and other drainage and retention issues. Council discussed the possibility to purchase land on the south side of “old 10” land for future water drainage.
Wangler made a motion, seconded by Anderson to award part two of Improvement District #20 to OPP Construction, provided that the assessments reaming the same for affected property owners. Discussion continued concerning the water detention pond and fairness to affected property owners. Meyer explained that to purchase the discussed property would benefit the affected property owners because they would be ableto maximize the TIF dollars collected. The money collected now would be reserved for the retention pond that will be done in the next phase. If the property was not purchased at this time, then benefiting property owners would be assessed again. All voted aye on roll call vote; motion passed.
Wangler made a motion, seconded by Silbernagel to Authorize Burgum Law firm to enter into negotiations with Sporel's for the option of a future water retention pond All voted aye on roll call vote; motion passed.
Council President Anderson gave the chair back to Mayor.
Bids for the pool were in. The lowest bid came in at $672,000. This is $72,000 over the approved amount with approximately $30,000 already paid out in demolition and engineer fees. The Park Board agreed to pay $75,000 this year, and $25,000 next year. Council discussed that the extra funding $100,000 ($50,000 from the City and $50,000 from the Park Board). Council will ask Park Board to commit to the increase in cost. Anderson made a motion, seconded by Tillisch to approve an additional $50,000 in funding for Nickel Pool contingent that the Park Board commits to $50,000 as well. All voted aye on roll call vote; motion passed.
There is a possibility that the City could come into possession of some development property. The Mayor would like an exploratory committee with Brad Burgum, Del Losing, Lee Anderson, Scott Kost, Fred Wangler to look into this matter.
Tillisch made a motion, seconded by Wangler to create an exploratory committee to include Brad Burgum, Del Losing, Lee Anderson, Scott Kost and Fred Wangler to research development land. All voted aye on roll call voted; motion passed.
The State Water Board is reviewing the City's application for funding for the Swan Creek Diversion project. They meet Monday, June 23, 2008 to decide. Besides securing the source of funding, the other issue is the dirt. There will be a lot needed to be moved. The logical place to spoil the dirt is in the Cottonwood Estates development. This could be a win-win situation for the City as it is the cheapest place to stock pile the dirt- reducing their costs of the project, and if there is enough, it will benefit the development as the lots are in need of dirt to be developed.
Silbernagel was concerned about the dike system. He feels that some of the dirt should be reserved and used to better protect the City. Council feels they should look into purchasing land for right-of-way as they will have enough dirt to do the project. City Engineers agreed that there will be enough dirt to improve the dike system and to spoil the left over on the development.
Mayor McConnell would like to see the Swan Creek Improvement project done, and then will start the dike improvements.
There is a State Vehicle Auction on Thursday. Mayor McConnell would like to purchase one to replace the green pick up. The green pick up has been given Public Works Supervisor Kevin Mayer trouble. Silbernagel made a motion, seconded Tillisch to authorize the Mayor to purchase a pick-up up to $8,000. All voted aye on roll call vote; motion passed.
Motion to Adjourn.
Brandy L. Pyle
City Auditor
FINAL MEETING OF THE CITY COUNCIL
Monday, June 23, 2008
7:00 PM
Council Chambers
PRESENT: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Sinner, and Tillisch.
NOT PRESENT: Wangler;
ALSO PRESENT: City Attorney Brad Burgum and City Auditor Brandy Pyle, Cass County Reporter Amanda Gades.
The meeting was called to order by Mayor McConnell.
Tillisch made a motion, seconded by Sinner to approve the June 2, 2008 minutes. All voted aye on roll call vote.
Being that there was no unfinished business, Anderson made a motion, seconded by Tillisch to adjourn the meeting.
Meeting Adjourned.
CITY OF CASSELTON ORGANIZATIONAL MEETING
Monday, June 23, 2008
7:00 P.M.
Council Chambers
PRESENT: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Wangler, Sinner, and Tillisch.
NOT PRESENT: Wangler;
ALSO PRESENT: City Attorney Brad Burgum, City Auditor Brandy Pyle. Audience Members Cass County Reporter Amanda Gades
Mayor McConnell opened the meeting and congratulated the Council on the election. Auditor Pyle noted that all the oaths of offices had been signed.
Mayor McConnell called for nominations for President of City Council. Spooner made a motion, seconded by Sinner to nominate Lee Anderson as President of Council. Sinner made a motion, seconded by Silbernagel to cease nominations and cast a unanimous ballot. All voted aye on unanimous ballot to elect Lee Anderson as President of Council; motion carried.
Silbernagel made a motion; seconded by Spooner, to nominate Sinner as Vice President of Council. Spooner, seconded by Silbernagel made a motion to cease nominations and cast a unanimous ballot for Sinner. All voted aye on a unanimous ballot to elect Sinner as Vice President of Council; motion carried.
Mayor McConnell made the following portfolio assignments, with the first name being chairperson:
FINANCE: Sinner, Spooner, Tillisch
ORDINANCE/PROPERTY: Spooner, Silbernagel, Wangler
SANITATION: Wangler Tillisch, Anderson
FIRE/POLICE: Tillisch, Silbernagel, Spooner
SCHOOL/COMMUNITY: Silbernagel, Anderson, Sinner
PUBLIC WORKS: Anderson, Wangler, Sinner
A motion made by Silbernagel, seconded by Sinner to accept the portfolio assignments. All voted aye on a unanimous vote; motion passed.
Anderson made a motion, seconded by Tillisch to appoint Brandy Pyle as City Auditor. All voted aye on unanimous vote; motion passed.
Sinner made a motion; seconded by Silbernagel to appoint Bradley Burgum as City Attorney and Del Losing as Deputy City Attorney. All voted aye on a unanimous vote; motion carried.
Spooner made a motion, seconded by Tillisch, to appoint Beatrice Bachmeier as Clerk of Court. All voted aye on a unanimous vote; motion carried.
Tillisch made a motion, seconded by Sinner, to appoint Bill Carlson as City Forester. All voted aye on a unanimous vote; motion carried.
Silbernagel made a motion, seconded by Tillisch to appointment Elwood Gunderson as City Assessor. All voted aye a unanimous vote; motion passed.
The Council discussed interviewing different engineering firms. The City will invite proposals outlining each firm's qualifications including their experience, ability to handle building permits and inspections, answering questions, e-mails, projects not awarded, securing financing and grants, fee structure, the type of information they provide to the city including maps and CAD information.
The letter will be sent to various engineering firms in the area including:
Houston Ulteig, LTJ, KLJ, Interstate and Moore Engineering.
Spooner made a motion, seconded by Tillisch to table the appointment of the City Engineer until the August 2008 regular meeting. All voted aye on roll call vote motion passed.
Anderson made a motion, seconded by Tillisch to appoint Lorne Sterner to the Harmony Township Planning and Zoning Commission as a representative of the City of Casselton. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Tillisch to approve the raffle permit for Central Cass School District. All voted aye on roll call vote; motion passed.
Mayor McConnell recommended formally approving the Leadership Code for the Council. Anderson made a motion, seconded by Tillisch to adopt the Leadership Code. All voted aye on roll call vote; motion passed.
Auditor Pyle had the Council fill out I-9's to keep personnel records current.
Councilman Wangler noted prior to the re-organizational meeting that he has noticed the track sinking and pumping mud when a train travels over the tracks just east of the Langer Avenue crossing. The Council agreed to send a letter to the train master voicing concerns.
Auditor Pyle reported on her initial findings for a whistle free zone in the City. The City needs to complete a preliminary study to see if the City qualifies for a quiet zone. It was recommended by BNSF that the City hire a consultant as the quiet zone request is a complex issue. SRF is a consulting firm from Fargo who worked with Fargo, Bismarck, and Jamestown and their choice to go whistle free.
The Council would like to invite the consultant to make a presentation at the July 7th council meeting. Auditor Pyle was also instructed to contact the City of Mapleton to see if they are working with a consultant and investigate the possibility of working together.
Councilman Wangler also noted before the meeting that he had received numerous complaints about the change in polling location for the city elections. The Council agreed to send the County Commission and County Auditor a letter reporting the problems and citizen concerns about the location change. Auditor Pyle noted that there was a very low number of people who voted compared to previous city elections, an unauthorized door opening at the polling location as well as extra work for city employees to move the voting equipment.
Mayor McConnell reported that the State Water Commission funded the Swan Creek noted that funding for the Swan Creek funding was secured. The project was reclassified from a rural drainage project to urban flood project. This change will allow additional state participation in the funding. The Water Resource District received $500,000 last year and approximately $904,000 in additional funding at the June 23rd State Water Commission meeting. The Water Resource District also was also awarded $165,000 for land acquisition. The money will go to cover some of the City's cost in the project. The Mayor and Council were pleased with the results.
This project should bid within the next two weeks and construction expected to begin in August.
Wangler arrived at this time and the Council reviewed the meeting's discussions and motions.
Brandy L. Pyle
City Auditor