REGULAR MEETING OF THE CITY COUNCIL
Monday, July 7, 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 Engineer Kyle Meyer, Water District Engineers Chad Engels, Brandon Oye, Chief Deputy Jim Thorstad, Captain Rick Majarus and City Auditor Brandy Pyle.
Audience: Diane Sporel, Gary Sporel, David Sheer, John Siverson, Lynae Sims, Dorothy Spooner, Cass County Reporter Amanda Gades.
Anderson made a motion seconded by Silbernagel to approve the minutes of June 16, and 23; City Attorney's Report, Police Report, Municipal Judge's Report, and the delinquent utilities list. All voted aye on roll call; motion carried.
Wangler made a motion, seconded by Sinner, to approve the following bills, water deposit refunds and salaries for the month of July. All voted aye upon roll call vote; motion passed.
| ABC Seamless | $675.00 | Johnson Pest Control | $140.00 | |
| AFLAC | $122.12 | Kaufman | $7,450.13 | |
| Ameripride | $95.15 | Lynae Sims | $36.00 | |
| Avesis | $78.70 | Master Construction | $89,296.32 | |
| Blue Cross Blue Shield | $2,676.75 | Medcenter One | $25.00 | |
| Bob Christianson | $175.00 | Mid-States Wireless | $110.00 | |
| Burgum Law Firm | $1,083.33 | Moore Engineering | $4,080.00 | |
| Brandy Pyle | $250.48 | Joe Morken | $100.00 | |
| Cass County Reporter | $366.39 | ND One Call | $65.72 | |
| Cass County Treasurer | $9,358.00 | Xcel Energy | $97.31 | |
| Cass County Electric | $354.24 | Officemax | $209.19 | |
| Casselton Lumber | $20,008.00 | ND Dept of Commerce | $732.10 | |
| Casselton Public Library | $5,000.00 | OrbitCom | $269.29 | |
| Cass Rural Water Users | $29,533.76 | Ottertail | $3,000.40 | |
| City of Fargo | $4,475.60 | Powerplan | $218.99 | |
| Cote Mechanical | $60.00 | Railroad Management | $82.50 | |
| Ed McConnell | $280.00 | Roadway services | $15,179.13 | |
| ET Excavating | $280.00 | Sam's Club | $385.73 | |
| Fargo Water Equipment | $1,705.40 | Sanitation Products | $657.00 | |
| Farm Plan | $302.75 | Petro Serve USA | $17,377.17 | |
| Fargo Tire Service | $645.90 | State Treasurer | $1,249.43 | |
| Casselton Fire Dept | $4,000.00 | State Fire and Tornado Ins. | $3,296.35 | |
| Fargo Freightliner | $451.91 | Sturdevant's | $27.87 | |
| Gary Marier | $10.00 | Team Labraory | $798.50 | |
| Ferdau Ameristeel | $45.78 | Titan Access Account | $5.07 | |
| Geo E. Haggart | $32,822.39 | Verizon Wireless | $108.43 | |
| Hardware Hank | $299.04 | Victorian Rose Floral | $23.00 | |
| Hawkins Chemical | $2,259.74 | City of West Fargo | $140.00 | |
| ND Dept of Health | $35.00 | David Wipf | $100.00 | |
| Interstate Powersystems | $477.16 | ITD | $30.75 | |
| USPS | $463.93 | Bremer Bank | $4,267.25 | |
| Cass County Reporter | $197.83 | Reed Construction | $273.78 | |
| UBS | $1,566.33 |
Sinner made a motion, seconded by Wangler to approve and file the financial reports. General Fund $292,543.24; Special Revenue Funds $603,974.37; Debt Service Funds $53919.00; Construction Funds $75,346.89; Special Assessment Funds $933,952.90; Enterprise Funds $873,758.42; Trust and Agency Funds $130,495.94 for a total of $2,963,990.76.
Public Works Supervisor Kevin Mayer presented a letter from the North Dakota Department of Transportation regarding the incorrect speed limit signage around the school. On State Highway 18 going north was originally was posted 15 mph, and going south was posted at 20 mph between 3rd and 6th Avenues north.. The Department of Transportation recommended changing the speed limit to 25. Mayer recommended changing the speed limit to 20 mph since there are a lot of children who walk to school. Sinner made a motion, seconded by Silbernagel to change speed limit to 20 mph on Hwy 18 near the Central Cass School. Letter will be sent to DOT notifying them of the change.
A letter was received from Moore regarding inviting the Council to their annual golf tournament on July 31. The League of Cities Annual Conference will be held this September in Fargo. The Leaguer of Cities is also hosting a Nuts and Bolts Seminar for city leaders on July 23 and 24.
Public Works Supervisor Kevin Mayer reported that he had received a complaint about the drainage behind Earl's Repair new building and Sonia Buchholz's property. Water runs down alley on Buchholz side of the alley when it rains. The yard is sloped up to the Buchholz's house. Alleys are generally the same level as the yards. Mayer presented pictures of the area right after a 3 inch rain. It took about 3 hours to dry. There isn't much the City can do as it does not pose a public health risk.
Mayer reported that the crack sealing on the north side of town is done. There are four blocks remaining to finish next year. Mayer plans to do the south side next year. The Cemetery would like a proposal to crack seal the cemetery roads. Mayer noted that some roads need some major work, and he has been working with City Engineer Kyle Meyer to identify bad spots and pot holes and plans to fix them. First Street South near First State Bank was noted as looking bad. Mayer recommends redoing it at some point with a 7 inch base due to the truck traffic from the Elevator.
Mosquito spraying is going well. The daily mosquito count has been around 33. Mayer noted that the mosquitos are manageable. John Siverson has been driving the spray truck again this summer. Siverson noted that the City would have to do something in Cottonwood Estates as there is a lot of standing water breeding mosquitos. He noted that Vector Control is backed up and wouldn't be out in the area for a while to drop pellets. Siverson said he would check into purchasing the pellets and spreading them for the City. He will also check into a permit if it is needed. Mayer noted that they cannot spray around the Reservoir.
Gravel is needed on the road just to the east of the ball diamonds. A couple loads of gravel are needed. Mayer will work with the Parks and Rec Department to get this project done.
The raffle permit from St. Leo's was not received. No action taken.
Kim Homan approached the Council requesting a moving permit to move his garden shed from his old house in Amenia to his current residence at 251 5th Avenue North. Public Works Supervisor Kevin Mayer inspected the structure, and Homan submitted the appropriate paperwork and fees. it's a brand new shed. Mover from Fargo is going to bring it into town.
Mike Sander also approached the Council requesting a moving permit to move a garage from north of Casselton to 1002 1st Street North. Building inspectors Mark Housh and Jay Sandvig inspected the structure and have approved the building permit. A building permit and moving permit fee must be paid yet. Wangler made a motion, seconded by Silbernagel to approve the moving permit for Kim Homan All voted aye on roll call vote; motion passed. Discussion continued regarding the Sander application. Sander explained that he plans to put it on a cement foundation and siding. Spooner made a motion, seconded by Tillisch to approve a moving permit for Mike Sanders as long as the criterion is met for the application. All voted aye on roll call vote except for Anderson who voted nay; motion passed 5:1.
Dorothy Spooner, Coordinator for the Cass County Summerfest, event appeared before the Council to ask for the open container ban lift and street closings for July 17-19. She also requested an additional street closing as the car show interest has increased and they need more space. Sinner made a motion, seconded by Tillisch to approve the open container ban lift and street closings for July 17-19. All voted aye on roll call vote; motion passed.
Chief Deputy Jim Thorstad and Captain Rick Majarus from Cass County Sheriff's Department reported that they are close to solving the Vet Clinic break in's. The ND DOT break in and drug trafficking in the area are also being investigated. Night patrol has increased because of the extra activity in the area. Casselton usually has about 1400-1500 calls per year. The Mayor reported that he has heard that people are not seeing the patrol. Thorstad reported on patrol hours. One officer is dedicated to Casselton or is very close to town. Councilman Silbernagel noted that he hears good comments on visibility, and has never heard a complaint.
Brad Burgum, on behalf of the Casselton Volunteer Ambulance, thanked the Sheriff's Department for their assistance in first aid, willingness to help. He said they are doing a great job.
Majarus reported that they have been working with Tharaldson Ethanol and been receiving monthly reports from the managers. He credited the initial and continuing work with the Ethanol plant has been successful. Majarus reported that there has been some vandalism in town. Solar lights have been stolen in the area, and the water pipe to pump house at the golf course.
Discussion continued concerning unkempt properties in Casselton. All properties with junk violations received a letter during clean up week. City Attorney Brad Burgum was instructed to get a court order to remove the vehicles. Burgum will keep the Mayor updated on the status of progress.
David Scheer approached the Council with concerns about a residential property near his house. There is one house that has only been mowed once this year. Auditor Pyle reported that the property had been sold and will send a letter to have the lawn mowed.
He was also concerned with the storm drains on his block. They appeared to have a lot of mud and the water from the recent rain took quite a while to drain. Mayer will check the main and talk to Jetway to vacuum the storm drain out. Councilman Anderson thought that the entire system should be looked at and cleaned out. The ditch in that area needs to also be cleaned out. Mayer will get quotes to clean out ditch.
Tourism Committee's quarterly report was reviewed. The report commented on their activity with the Casselton Can Pile, and future grants.
The 2005 Langer Avenue sidewalk project was discussed. The contractor did not pour enough concrete at 411 South Langer Avenue causing the sidewalk to hold water. Mayer was instructed to get bids from Ben Kaufman, Kim Brush, and Woody Hocksteadler to re-do this section of concrete.
Maple River/ Rush River Water Resource District Engineers Chad Engels and Brandon Oye presented the engineer's opinion of probable cost for both phases of the Swan Creek Diversion Project. Engles reported that there was a large increase in budgeted land price and they need approximately 16 acres to spoil dirt in the 2nd phase. They are in negotiations with the property owner. The property owner would like a buffer between the railroad and the edge of his property. Moore is also in negotiations with the other affected property owners and should come to an agreement soon. Once that is completed, then the project will be put up for bid. The Mayor reminded Engles that the City has about a 40 foot easement for the water mains where they could put the dirt if needed. The City will have access to the dirt, but the Water Resource District will own the land. The City's portion of the project is 60%.
Engles reported that they had a good meeting at the State Water Board meeting. The project was classified as a flood control project so it will be funded at the 50% level with the cap removed, and the State Water Board approved funds for cost sharing for land acquisition.
Engles and Oye noted that the property owner would like the township road replaced. They presented a map of a layout for the road just south of the Vet Clinic. This would be a rural gravel road with ditches, and if they property owner would develop the land, he would have to pay for a paved road. They plan to work with the DOT to align the approaches off of Hwy18. Engles noted that if they built the road south of the clinic, it could also include a service road to the Vet Clinic.
Engineers estimated the cost to be $2.1 million with $500,000 from Water district and 50 % funding from the State. The City portion would be $742,000 in phase 1. 2nd phase estimated cost to the City is $777,500.
Discussion continued about continuing the project on to a third phase up stream. There are advantages not doing this area already is stable and it controls the amount of water coming into the diversion. The less water coming through lowers the FEMA free board offers more flood protection. Engles noted that he wants to research this area more before making a recommendation.
Council agreed this is a logical project and are ready to get it done. Engels noted that construction should start this fall, and that the two phases should be bid as two separate projects so that the project can get the lowest bid.
Because this is a Water Board Project, formal approval by the Council of the plans and specifications is not required. But, upon request from water district engineers, Silbernagel made a motion, seconded by Anderson to "bless" the project. All voted aye on roll call vote; motion passed.
Councilman Pete Silbernagel walked the Council though his proposal for a City Administrator. He feels that finding the right person for this position is key. The competencies and qualifications will be identified before a person is hired, or the position will not be filled.
Silbernagel noted that the committee estimated wages with city benefits to be about $82,000 with additional money budgeted for computer and other equipment needed. Silbernagel would like to see a small portion of the excess revenue reserved to finance a part of the position. He also noted that Casselton's tax base increasing, and the City has been experiencing an increase in land valuations. He feels that the City could used the money saved by not out sourcing engineering costs. Silbernagel thought that this person could issue building permits and do inspections. A small percentage could also be added to projects to fund this person's salary. The committee feels that this person could also write grants and find money for parks, roads and other projects.
They could put this person in the Parks and Recreation office as that office will be moving to the new clubhouse.
Silbernagel, Sinner and Lynae Sims noted that there were several ways to recruit for this position. They recommend using a recruiter to help in the search. This could cost up to $24,000. They feel that this does not duplicate existing responsibilities of existing employees and only increases the capability of the City Administration.
Meyer fears that he would be reporting to two bosses (Council and the Administrator). He noted that this will have to change the way the Council communicates with employees.
Mayor McConnell voiced budgetary concerns and how it's going to fit into the work culture of the City. He noted he is willing to explore the possibility further.
Auditor Pyle noted that she was concerned with financing the position and that there would be more equipment needed, such as a server.
After considerable discussion, Spooner made a motion, seconded by Silbernagel to move forward with the committee's recommendation to continue researching this position, search for a recruiter and to explore budgetary restrictions next month at the preliminary budget meeting. All voted aye on roll call vote; motion passed.
City Engineer Kyle Meyer presented Partial Payment #9 from George E Haggart for $32,822.39 for the work completed on Improvement District #18, Martin's Addition Silbernagel moved, seconded by Sinner to approve Partial Payment #9 from George E Haggart for $32,822.39 for work completed on Improvement district #18. All voted aye on roll call vote. Sinner made a motion, seconded by Wangler to approve a Moore Engineering bill $1380 for work completed on Improvement District #18. All voted aye on roll call vote; motion passed.
Meyer then presented Partial Payment request #9 for Master Construction District #19, in the amount of $161,472.78. Public Works Supervisor Kevin Mayer recommended keeping the retainage at 10%, instead of 5%, as he noted there has not been significant progress to warrant the decrease in the portion retained. Silbernagel made a motion, seconded by Anderson to approve partial payment request # 9 in the amount of $89,296.32. All voted aye on roll call vote; motion passed. Anderson made a motion, seconded by Sinner to approve Moore engineering invoice for pinning of Cottonwood Estates lots in the amount of $2,700. All voted aye on roll call voted, with Tillisch voting nay. Motion passed 5:1.
Mayor McConnell asked Council, Public Works Supervisor and Auditor to write a list of 5 things the City needs to improve.
Motion to Adjourn.
Brandy L. Pyle
City Auditor