REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, November 3, 2008
Council Chambers
Present: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Sinner, and Tillisch, Wangler.
Also Present: Public Works Supervisor Kevin Mayer, City Attorney Brad Burgum, City Engineers Kyle Meyer and Kyle McCamy, Deputy Steve Hahn, City Auditor Brandy Pyle,
Audience: Mona and Bill Franck, Dave Scheer, Aaron Nudell, Gary Sporell, Diane Sporell, Audrey Gunderson, David Habiger, Joe Schroder, and Cass County Reporter Sarah Sorvaag.
Mayor McConnell called the meeting to order.
Anderson made a motion seconded by Wangler to approve the minutes of October 6, 22; 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 approve the Contemporary Builders bill for $138,636 for the Casselton Pool with the condition that the Pool Committee approves at their meeting on November 5th and to approve the following bills, refunds and salaries for the month of November. All voted aye upon roll call vote; motion carried.
| AFLAC | $122.12 | JobDig | $1,560.00 | |
| Ameripride | $96.15 | Kevlott Testing | $25.00 | |
| Avesis | $78.70 | NDLC | $487.50 | |
| Blue Cross of ND | $752.10 | Master Construction | $26,989.72 | |
| Burgum Law Firm | $2,733.33 | Moore Engineering | $15,547.80 | |
| Brokers National | $210.90 | Xcel | $48.67 | |
| Cass County Treasurer | $9,358.00 | Officemax | $48.00 | |
| Cass County Electric | $393.52 | Opp Construction | $163,461.45 | |
| Cass Rural Water | $25,082.23 | Orbitcom | $269.60 | |
| Chuck's Sandjacking | $1,240.00 | Ottertail | $3,080.80 | |
| City of Fargo | $3,034.40 | Casselton P & R | $6,169.99 | |
| Contemporary Builders | $128,636.00 | Pizza Ranch | $58.00 | |
| Earl's Repair | $360.55 | Power Plan | $40.69 | |
| Fargo Water Equip. | $814.20 | Sanitation Products | $3,285.00 | |
| Farm Plan | $25.73 | Petro Serve | $336.90 | |
| Farm Plan | $7.00 | SM Inc | $87.80 | |
| Gerdau Ameristeel | $35.18 | Sturdevant's Inc | $162.47 | |
| Hardware Hank | $68.46 | Sweeney Controls | $905.35 | |
| Hawkins Chemical | $1,005.33 | Verizon | $108.42 | |
| Interstate Powersystems | $293.63 | Victorian Rose Floral | $17.00 | |
| ITD | $30.75 | City of West Fargo | $140.00 | |
| Bremer Bank | $4,884.09 | NDPA | $75.00 | |
| UBS | $1,116.52 | Starion Bond Services | $1,047.00 | |
| USPS | $174.72 | Casselton Comm. Network | $105.55 | |
| USPS | $139.64 | My Pc | $19.95 | |
| Ramkota | $144.00 | ND Disbursing | 427.38 | |
| Stamart | $52.00 | Harbor Freight | 195.96 | |
| Sto & Go | $82.00 |
Police report was reviewed.
Sinner made a motion, seconded by, Tillisch to approve the financials. General Fund: $294,335.15; Special Revenue $540,698.96; Debt Service $39,747.87; Construction Fund ($289,997.42), Special Assessment $593,344.46; Enterprise $857,599.88; Trust &Agency $116,752.16 for a total of $2,152,481.06. All voted aye on roll call vote; motion passed.
Public Works Report Public Works Supervisor Kevin Mayer reported they are preparing equipment for the winter. The new sander has been purchased. Regarding the mower bids, he recommended purchasing the126 medium duty from Titan Machinery $9,900. Sinner made a motion, seconded by Silbernagel to accept the bid of $9,900 from Titan Machinery. Mayer was instructed to advertize and sell the green pick-up.
Team Laboratory currently sprays weeds at the City Lagoon. Mayor McConnell noted that he would like to see in the pond in Martin's addition also sprayed to help keepcat tail and weed control down. Mayer reported that the snow plow trucks are ready.
The planning and zoning request will be addressed next month as the requester changed the dimensions of the land in question.
City Attorney Brad Burgum explained the court order against David Habiger. David Habiger appeared before the Council and doesn't feel that the junk ordinance is not fairly enforced. According to the order, the City will not have to go to the judge to get another court order if the property fails abide by the junk vehicle ordinance. It was noted that other properties may only have one or two junk vehicles and after a letter is sent during the annual clean up week, the vehicle is removed. Council wants to make sure that close to the one year anniversary date there should be a mechanism to renew the order if need be.
Neighbor David Nudell appeared before the Council with questions how the Court order was to be enforced. Neighbors can notify law enforcement officials if there appears to be a nuisance issue with the junk vehicles.
Tillisch made a motion, seconded by Spooner to approve a Bingo permit for the Knights of Columbus contingent that the prize amount is under the state limit. All voted aye on roll call vote; motion passed.
Two bids for snow removal were received. Holt landscape bid $75 per time and Bill's Yard Service also bid $75 per time. Since both bid the same amount, the Council decided to flip a coin. Attorney Burgum designated heads for Holt and Tails for Bill. Tails landed up. Spooner made a motion, seconded by Silbernagel to accept Bill's yard service the 2008-09 snow removal bid of $75 per time. All voted ay on roll call vote; motion passed.
Silbernagel made a motion, seconded by Anderson to approve an amendment the assessor fee schedule to include $50 for commercial additions. All voted aye on roll call vote; motion passed.
Auditor Brandy Pyle presented information on the NDIRF defensive driving class that all employees, volunteers, elected officials and family of the City can participate. It's a 4 hour program and 3 points can be removed from a poor driving record. To host the class, there would need to be a minimum of 10 participants. Pyle noted that there was also a video/dvd library that could be utilized too. Council thought this was a good idea and would like to do it in January or February.
The Identity Theft Prevention Program is a new Federal Government requirement for the City to follow. The program is designed to establish an identity theft prevention program. The Feds have given an extension on the implementation of this program. Wangler made a motion, seconded by Sinner to implement the Identity Theft Prevention Program. All voted aye on roll call vote; motion passed.
The Council reviewed an e-mail received from resident Karen Lietz regarding the standing water in the cul-de-sac on Cottonwood. There are 3 or 4 of low spots that do not drain very well. The low spots are a result of the streets from the cold and hot temperatures that affect the area. The Council agreed they should start a list of areas that retain water and try to fix the ones they can. Public Works Supervisor Mayer was instructed to identify the locations around town. Auditor Pyle will reply to Lietz's question. Once the low spots are identified, the Council will discuss at their January meeting to how to improve the locations.
Mayor McConnell noted that the sidewalks at Denny Radermacher & Justin Fletschock properties will hopefully be done this fall, and if not, will be done next spring. It was noted that they will probably have to get new permits as building permits are only valid for 1 year.
The annual City thank you/holiday party will be held in January 2009
Councilman Tillisch presented an update on the new swimming pool. He commended the builders for an outstanding job. There isn't too much left to complete as far a construction but they will have to drain pool and put the seal on it in the spring. The Council commended the Pool Committee on a job well done.
Mayor McConnell noted that there is a display of several NDSU student designs of the Casselton Can Pile at the Governors' Inn this week.
Council also discussed the conditions of the roads on 6th Avenue south by the Ambulance garage and the new bike path at the Reservoir. The roads at the Reservoir parks also seem to be in need of gravel.
City Engineer Kyle Meyer reported that he is putting cost estimates, funding scenarios and a time line together for the Capital Improvement Plan. He hopes to have a draft report available for the December meeting.
He also reported that Safe Routes to School grant application is due November 20th. Councilman Sinner asked if pedestrian railroad cross walks would be an acceptable project for the grant. He hopes to combine the grant application along with the Whistle Free Zone project. The City would have a greater chance of getting the grant if it can show that it plans to contribute to the cost share. Langer Avenue and the Sixth Avenue Crossings were identified as main pedestrian crossings.
Meyer reported on the status of Improvement District #20 (Industrial Park) Project. He noted that all concrete work done and the road should open to traffic on Thursday. The work on the boulevards remains. Meyer reported that a property owner called him concerned about the assessment process and notification. Attorney Burgum said that are at least 3 publications in the official newspaper, however no letters are sent or phones calls are made during the assessment process. Audrey Gunderson from Governors' Inn appeared before the Council with concerns that they were not notified with a phone call about the special assessment hearings. She thought that they would have been notified as they were told at the March meeting it was not the right meeting to protest the specials amount. There are a couple of ways to re-assess the properties if there was an error to be corrected on the initial assessment or if additional property is annexed in to the benefited area. The Council discussed different options to notify property owners during a project such as letters, phone calls.
Discussion moved the Swan Creek diversion. Meyer reported that the contractor plans to star on Monday. Resident Joe Schroeder voiced his concern about the speed of how everything seemed to be moving, and the lack of communication with residents. He was also concerned with property that was owned by Jason Gustafson. Councilman Silbernagel reassured him that the Council had been working on this project for 2 1/2 years. Meyer noted that they will begin to look at allocating Casselton's special assessment portion on all properties within the city limits. The Council will discuss and may give some suggestions of how to spread the specials to the special assessment commission. The special amounts are expected to be ready next spring.
Tillisch noted that he would like an e-mail to see if everything is a "go" for the Monday start. Mayor McConnell noted that the drain board project engineer should schedule another meeting for property owners.
Meyer then presented bills for payment. Silbernagel made a motion, seconded by Tillisch to approve Improvement District 20 partial payment #4 of $163,461.45 to Opp Construction. The Project is about 95% complete with the retainage down to 5%. All voted aye on call vote; motion approved. Meyer noted that the letters to the businesses that needed an additional concrete approach were sent out. Two of the three have agreed to install and pay for the approaches.
Anderson made a motion, seconded by Wangler to approve a Moore Engineering invoice for Improvement District 20 in the amount of $13,750. All voted aye on roll call vote; motion passed
Sinner made a motion, seconded by Silbernagel to approve Final Payment to Master Construction for Improvement District 19 Cottonwood Estates in the amount of $26,989.72. All voted aye on roll call vote; motion passed. Meyer noted that the project will be hiring the concrete contractor separately to finish the remaining sidewalk. Tillisch made a motion, seconded by Sinner to pay a Moore Engineering Invoice in the amount of $1794. All voted aye on roll call vote; motion passed.
Meyer then presented information on a GIS mapping system. This mapping system would offer another tool to the City. The Public works would be able to locate all infrastructure, from water lines, sewer lines, gate valves, water shut offs, trees, road signs. It would also be useful in the Auditor's office. The estimated cost for the total package is around $12,000. The map drawing software would be owned by Moore Engineering and the reading software would be the City's. After discussion, the Council decided to revisit the topic in March 2009.
The floodway letter from FEMA was addressed next. The house at 121 13th Avenue north requested a Letter of Map Revision to take the house out of the floodplain. According to the letter, FEMA noted that the house was built in a floodway, and it is now up to the City as it allowed the construction of a home in the flood way. The house was built in 1892, and FEMA did not map the area until 1989. Mayor McConnell and Meyer will meet to discuss the different options and contact FEMA to resolve the issue.
Motion to Adjourn
Brandy L. Pyle
City Auditor