REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, December 8, 2008
Council Chambers
Present: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Sinner, and Tillisch.
Also Present: City Attorney Brad Burgum, City Engineers Kyle Meyer and Brandon Oye, Deputies Steve Hahn, Steve Sprecher, City Auditor Brandy Pyle.
Audience: Diane Sporel, Gary Sporel, Ron Mueller, Steve McNab, Dori Torkildson, David Habiger, Rory Peterson, Film Crew from WDAY and Cass County Reporter Amanda Gades.
Mayor McConnell called the meeting to order.
Tillisch made a motion seconded by Sinner to approve the minutes of November 3; City Attorney's Report, Police Report, Municipal Judge's Report, and the delinquent utilities list. All voted aye on roll call; motion carried.
Discussion began over the financing about the initial costs about the Swan Creek Diversion Project.
Silbernagel made a motion, seconded by Sinner approve the following bills, refunds and salaries for the month of December. All voted aye upon roll call vote; motion carried.
| AFLAC | $144.62 | Mid America Meter | $392.00 | |
| Casselton Ambulance | $1,200.00 | Minnkota Recycling | $362.00 | |
| Ameripride | $613.19 | ND DOT | $1,267.25 | |
| Avesis | $78.70 | ND One Call | $53.32 | |
| Bill Carlson | $31.77 | Xcel | $85.86 | |
| Blue Cross Blue Shield | $3,647.40 | Officemax | $276.50 | |
| Burgum Law | $2,059.33 | Ohnstad Twichell | $2,000.00 | |
| Brandy Pyle | $10.00 | ND Dep of Commerce | $367.39 | |
| Brokers National | $229.60 | OK Tire | $2,956.88 | |
| Burnies | $76.29 | Brent Olson | $46.61 | |
| Seth Carlson | $60.00 | Jeff Olson | $100.00 | |
| Cass County Reporter | $1,557.42 | Opp Construction | $7,260.08 | |
| Cass County Treasurer | $9,358.00 | Orbit Com | $476.09 | |
| Cass County Electric | $483.47 | Ottertail | $3,538.02 | |
| Casselton Lumber | $48.30 | Casselton Parks & Rec | $5,000.00 | |
| Cass Rural Water | $29,655.68 | Powerplan | $645.06 | |
| City of Fargo | $3,562.30 | Petro Serve USA | $3,917.92 | |
| Dakota Tire | $250.44 | Seven Seas Inn | $55.00 | |
| Daniel Volk | $30.00 | Sturdevant's Inc | $159.44 | |
| ET Trucking | $175.00 | Superior Contracting | $14,258.80 | |
| Fargo Water | $4,798.80 | Swanston Equip | $3,402.70 | |
| Casselton Fire Dept | $4,700.00 | United Industrial Coatings | $194.11 | |
| Hardware Hank | $180.74 | USPS | $242.00 | |
| Hawkins Chemical | $775.45 | Verizon Wireless | $145.18 | |
| Heaven's Best Carpet | $357.00 | American Welding Supplies | $91.63 | |
| Ignus Technologies | $99.90 | City of West Fargo | $280.00 | |
| Innovis Health | $22.00 | JC Penney | $68.94 | |
| Interstate Powersystems | $270.95 | MyPC | $19.95 | |
| ITD | $61.50 | Applebees | $22.50 | |
| Johnson Pest Control | $130.00 | Buffalo Wild Wings | $22.50 | |
| Kevin Mayer | $18.00 | McDonalds | $11.98 | |
| Maletta Meyer | $208.20 | Verizon Wireless | $224.50 | |
| Maple River Water Resource District | $470,778.27 | USPS | $27.25 | |
| Medcenter One | $50.00 | Batteries Plus | $256.50 | |
| ND Municipal Finance Officer | $30.00 | USPS | $14.35 | |
| UBS | $1,117.32 | Fargo Tank | $336.19 | |
| Bremer | $4,839.68 | ND Disbursing | $427.38 |
Silbernagel made a motion, seconded by, Tillisch to approve the monthly financials. General Fund: $288,968.76; Special Revenue $561,717.63; Debt Service $39,747.87; Construction Fund ($368,155.70), Special Assessment $388,177.76; Enterprise $876,763.57; Trust &Agency $116,260.78 for a total of $1,904,420.67. All voted aye on roll call vote; motion passed.
A letter was received from Ottertail Power Company. It will be updating street lights as needed in Casselton to a more efficient light. The monthly rental charge to the City will also increase.
A letter from the Lake Agassiz Regional Council was received. It contained information on low interest loans and grants for different projects. Mayor McConnell noted that the City of Casselton doesn't usually qualify for these types of assistance.
An invitation from Moore Engineering was received inviting the Council and staff to their open house on December 10th.
Mayor McConnell opened the hearing for the Resolution of Necessity for Flood Control Project 2008. There were not any written protests filed with the city prior to the hearing. After not receiving any protests at the hearing, Anderson made a motion, seconded by Tillisch to the protest were insufficient protests and to move forward with the special assessments. All voted aye on roll call vote; motion passed.
Tillisch made a motion seconded by Silbernagel to approve the resolution authorizing the issuance and sale of temporary improvement bonds, series 2008 in the amount of $800,000 at 4% interest with the ND Public Finance. All vote aye on roll call vote; motion passed.
Rory Peterson from Hardware Hank, reported that the Planning and Zoning committee approved his request to put a seasonal green house behind the for the west 50 feet Lot3 Blk 5 Original Townsite Addition at its December 1st meeting. Sinner made a motion, seconded by Spooner, to approve Rory Peterson's Conditional Use permit to place a seasonal green house on the west 50 feet Lot3 Blk 5 Original Townsite Addition. All voted aye on roll call vote.
Steve McNab the new owner of 745 4th street South approached the Council with a few questions of the lawn mowing charges on his newly acquired property. The Council will review his concerns with the Public Works Supervisor and discuss it at the January Meeting.
Council reviewed the submitted Liquor license applications. Auditor Pyle reported that all liquor license applications were in and in good order. Anderson made a motion, seconded by Tillisch to approve the following liquor licenses: Wild Knights, Red Baron, Dusty's Saloon, T's Shamrock- on and off retail liquor license; Vet's Club and Capitol Family Restaurant on-site retail liquor license; Spare Time lanes, Cottonwood Golf Course, Beer/ Wine; Maple River Winery- wine license. All voted aye on roll call vote; motion passed.
Bremer Bank is preparing to loan RB Properties (Central Sales) 65% of their business expansion project costs. The bank is asking the City to subordinate its collateral position to Bremer Bank. A recommendation was also received from Tracey Anderson at Lake Agassiz to approve the subordination. A motion made by Sinner, seconded by Tillisch to subordinate the City's collateral position to Bremer Bank. All voted aye on roll call; motion passed.
Silbernagel made a motion, seconded by Tillisch to create a Construction and Principal and Interest Sinking fund for the Flood Control 2008 Project. All voted aye on roll call vote; motion passed.
Councilman Anderson wanted to discuss the possibility of requiring a sidewalk bond or deposit on new construction, much like the City does for boulevard trees. He hoped to avoid the possibility that a builder could sell a home, and leave the new owner stuck for the cost of the sidewalk. His other idea was to wait on the certificate of occupancy until the sidewalk is in. Mayor McConnell would like to discuss this during the winter months.
David Habiger approached the Council with pictures of cars he believes violate the City's junk vehicle ordinance. He is upset of the execution of a court order on December 3rd where 2 unlicensed vehicles were removed from his property. Habiger presented paperwork to take the City to small claims court as he believes his property was damaged when the vehicles were towed off his property in the amount of $2,170. Silbernagel made a motion, seconded by Tillisch to defend the City in Court. All voted aye on roll call vote; motion passed.
City Engineer Kyle Meyer presented a draft of the Capital Improvements Plan to the Council. It included plans for projects, financing options and projections for the City's infrastructure needs. The Council agreed they will review it and meet with Meyer to discuss the plan at a special meeting. This will be planned for January or February. Moore Engineer Brandon Oye explained that this is a working document, so it will be reviewed every year, and project out 5 years. Meyer noted that this plan can always change.
Meyer reported on the Industrial Park Improvement Project (#20). He said that the streets are in, but there is some work yet to be completed. He requested a completion date extension for Opp Construction to June 30th. The extension is needed because of the bad weather the area had during the fall. He reported that Phase I will be finished out in Final Payment #3 to Opp construction. Tillisch made a motion seconded by Sinner to approve final payment #3 to Opp Construction in the amount of $ 7,260.08 for work completed in Improvement Project #20. All voted aye on roll call vote. Anderson made a motion, seconded by Silbernagel to approve the change order #1 extending the completion date to June 30, 2009. All voted aye on roll call; motion passed.
Meyer reported that work has started on the Swan Creek Diversion Project. Project Engineers had a meeting at the Governors' Inn to meet with property owners to discuss the project. The golf course may loose a few rows of trees in the process of the project. Meyer and Oye discussed the different ideas presented to save the trees, from changing the slope in that area to a 4:1, but they felt that that ratio would still increase the possibility of sloughing. The men's tee box and the bridge would also have to be removed.
Silbernagel made a motion, seconded by Tillisch to approve Partial Payment 1 to Superior Contracting in the amount of $14,258.80 for sidewalks in Improvement District #19. All voted aye on roll call vote; motion passed.
Meyer submitted a copy of the safe routes to school grant application. The City requested $150,000 with the total project estimated cost of $450,000.
Meyer also presented the O & M Manuals for the Public Works Supervisor for Cottonwood Estates for lift stations and storm lift stations.
Denny Buchholz, owner of the Car Doctor approached the Council with concerns about the cars parked on 6th Avenue North in front of the Car Doctor. He said that the Public Works have to go around the vehicles during snow removal and leave that area not plowed. He said that there are cares parked there continually. City Attorney Burgum noted that there needs to be a signs posed to be able to enforce the parking ordinance. Silbernagel made a motion, seconded by Spooner post no parking signs on 6th Avenue north between 2 am and 6 am. All voted aye on roll call vote; motion passed.
Deputy Steve Sprecher questioned the definition of the period of snow removal. The Council agreed to form a committee to decide how the parking and snow removal issue should be handled. The Mayor also noted that it's not just the downtown area that is having such problems. The residential streets are also difficult to plow as snow removal equipment is bigger, and there are more vehicles parked on the street making it almost impassable on some streets.
The Sheriff's department will put out warnings for the next couple weeks and a reminder will be sent in the monthly email
The Council also discussed the issue of ATV's in town. The current golf cart ordinance does not restrict ATV's.
Motion to Adjourn.
Brandy L. Pyle
City Auditor