REGULAR MEETING 7:00 PM
Monday, February 2, 2009
CITY OF CASSELTON
Council Chambers

Present: Mayor McConnell, Councilmen Silbernagel, Spooner, Anderson, Wangler, Sinner, Tillisch. Assistant City Attorney Del Losing, Public Works Supervisor Kevin Mayer, Cass County Sergeant De Wayne Nitschke, City Engineers Kyle Meyer, Brandon Oye, City Auditor Brandy Pyle. Audience: Amanda Gadas, Garry Sporel, Diane Sporel, Rebecca Berge-Buss.

Silbernagel made a motion seconded by Tillisch to approve the minutes of January 5; City Attorney's Report, Police Report, Municipal Judge's Report, and the delinquent utilities list. All voted aye on roll call; motion carried.

Tillisch made a motion, seconded by Silbernagel approve the following bills, refunds and salaries for the month of February. All voted aye upon roll call vote; motion carried.


AMERIPRIDE LINEN & APPAREL$97.60JOHNSON PEST CONTROL$110.00
AVESIS VISION$72.68LAKE AGASSIZ WATER AUTHORITY$250.00
THE BANK OF NORTH DAKOTAH$28,500.00Mac's$36.24
BLUE CROSS OF ND$3,335.30MAPLE RIVER WATER RESOURCE$161,604.11
BROKERS NATIONAL ASSURANCE$206.12MIDNIGHT SOLUTIONS$74.25
BURGUM LAW FIRM$1,150.00Jadda Bush$100.00
BUSINESS ESSENTIALS$87.35MOORE ENGINEERING$19,069.81
CASS COUNTY GOVERNMENT$71,192.61ND DEPART. OF TRANSP$844.26
CASS COUNTY HEATING$175.00MUNICIPAL JUDGES ASSC.$25.00
CASS COUNTY REPORTER$689.74North Dakota Planning Associat$80.00
CASS COUNTY ELECTRIC$325.32NORTHERN WATER WORKS SUPPLY,$155.00
CASS RURAL WATER USERS$23,717.37OFFICEMAX$173.59
CITY OF FARGO$2,598.10ND DEPARTMENT OF COMMERCE$369.12
CLASSIC FLORAL$30.00ND ONE CALL, INC$1.24
Contemporary Builders$32,077.00ORBITCOM$341.27
Richard Failing$100.00OTTER TAIL POWER$4,093.99
Luke Faleide$100.00CASSELTON PARKS & REC$5,922.69
Fargo Hose Comapny$31.87Petro Serve USA$3,877.97
FARGO WATER EQUIP.$262.50SHERMAN'S$4,363.50
FARM PLAN$103.25STURDEVANT'S INC$148.26
GOVERNORS' INN$1,474.40SWEENEY CONTROLS$444.98
Hagen Dental$100.00VERIZON WIRELESS$143.11
HARDWARE HANK$245.17AMERICAN WELDING AND GAS$99.00
HAWKINS CHEMICAL INC$1,944.96XCEL$368.25
INFORMATION TECHNOLOGY DEPT.$338.25AFLAC$144.62
COLE JENDRO$32.59AVESIS VISION$6.02

Tillisch, Sinner for the financial report. All voted aye on roll call vote; motion passed.
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Correspondence was received from Don Larsen. He has officially is resigning from the tree committee, his final position in his tenure on various City Committees. A letter of appreciation will be sent as well as some sort of open house will be planned this summer.

Discussion moved to the snow removal-parking ordinance #253. Silbernagel made a motion, seconded by Spooner to approve the second reading of Ordinance 253. Concern was raised when it's not snowing and the Public Works is scraping streets and pushing snow back- would people still try to park on the street. Scraping and moving snow is generally done during the daylight hours and the proposed ordinance is enforceable during evening and night hours. Public Works Supervisor Kevin Mayer noted that it is essential to move the snow back and to clean the streets. The City will run ad's and e-mail residents to notify of the beginning of the parking ordinance. Silbernagel, Anderson, Sinner Spooner voted aye; Wangler and Tillisch voted nay. Motion passed 4:2.

Councilman Silbernagel reported that there was an engineering convention in Fargo this past week, with a FEMA representative who presented information regarding the potential flooding this coming spring. FEMA is being very proactive in training auditors and others to familiarize themselves with the paperwork during a flood disaster and has been monitoring the snow accumulation. City Engineer Kyle Meyer and Public Works Supervisor Mayer agreed that with the improvements to the community since the 1996-97 flood, the City would fair a lot better. Council agreed City should be able to be ready if or when the flood comes.

Assistant City Attorney Del Losing, secretary for Planning and Zoning Commission, reported their recommendations on two issues they discussed at their last meeting. The Commission recommended approval of the re-plat of the Swan Creek Addition. Spooner made a motion, seconded by Wangler to approve the re-plat of the Swan Creek Addition. All voted aye on roll call vote; motion passed. Ottertail was required to plat the land that was purchased to build their proposed building.

The next recommendation was to approve the amendment to the planning and zoning ordinance to allow the planning and zoning commission to treat two or more lots as lone lot for all purposes without re-platting. This would allow twin lots to be combined into a single family home. According to current City Ordinance, if a builder would want to combine a lot, it would have to be re-platted. Concerns about the placement of fire hydrants, the addressing system and utility account numbers were discussed. Spooner made a motion, seconded by Wangler to approve the amendment to the 2002 land use ordinance for section concerning platting requirements. All voted aye on roll call vote except for Sinner; motion passed 5:1.

Losing also commented that the commission had a lengthy discussion about daycares in homes. Concerns were raised about parking, non-resident employees, and guidelines for adult to children ratios. The commission will present its recommendation to the Council at the March meeting. The licensing agent with the County will be informed about Casselton's ordinance and will help those if a conditional use permit is needed.

Councilmen Silbernagel and Sinner Jr. updated the Council on their progress on the City Manager position. They reported that Lynae Sims is working on a power point presentation and will present to several service groups, boards and committees to see if there is support for a City Administrator. The goal will be to have a recommendation to the City Council in 3 months.

City Engineer Kyle Meyer reported that they are seeing that the stimulus package money is coming through different fiscal agencies to the City level. There are programs already in place to disburse the money. He noted that the money needs to be spent quickly so the larger projects that require an environmental analysis, a 60 day process, probably couldn't be done in time. Chip Sealing, sewer realignment, sidewalks, and the retention pond are all viable projects on the City's Capital Improvement Plan that could use the stimulus package money. The Council wondered if the Swan Creek Diversion project could get any more money.

Generations Connecting submitted their annual report of activities to the Council. Rebecca Berge-Buss reported that they are working hard in the programs in the community. Spooner made a motion, seconded by Sinner to approve a resolution of Support of Generation Connecting. All voted aye on roll call vote; motion passed.

Old water tower stand pipe is broken. H & H, who repaired the stand pipe last summer, will be notified by letter. Council wondered if this could be a warranty issue.

First State Bank of ND 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 First State Bank of North Dakota. A recommendation was also received from Tracey Anderson at Lake Agassiz to approve the subordination. Sinner made a Motion, seconded by Wangler to subordinate the City's collateral position to First State Bank. All voted aye on roll cal vote; motion passed.

The water bubble roof will be fixed this summer.

Public Works Supervisor Kevin Mayer presented a draft of the Drought Management Plan. This is a guideline for the City to follow in the event of a drought in the Red River Valley Region.

Harold Rotunda, CPA, presented a list of recommended transfers for the year 2008. The Council discussed the idea of creating a City Maintenance Fund, which would finance all the budgeted repairs, vehicle maintenance and gas expenditures for the General, Street, Water, Sewer and Sanitation funds. Public Works Supervisor Mayer will present a list of equipment and the expected life expectancy of his major pieces of equipment and will create a time table when these pieces of equipment should be upgraded.

Silbernagel made a motion, seconded by Sinner to approve the following operating transfers:

From To Amount
General Street $75,000.00
Sanitation Social Security $5,000.00
SalesTax Pool 2007 $300,000.00
Sewer Landfill Closure $10,000.00
Sewer Lagoon Purchase 97-1 $87,000.00
Sewer Dike 98-1 $7,000.00
Sewer Water Tower Reserve $69,000.00

All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Anderson to approve the name change of the Major Equipment Fund to the City Maintenance fund. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Anderson to transfer and dissolve the following funds:

From To Amount
Sewer Reserve City Maintenance Fund $120,000.00
Water Reserve City Maintenance Fund $107,640.31
Sanitation Reserve City Maintenance Fund $15172.50

All voted aye on roll call vote; motion passed

Silbernagel made a motion, seconded by Sinner to transfer and dissolve the following funds:

From To Amount
Building Fund Major Projects $111,728.07
S & W District #13 City Maintenance $4,837.08
Farm Power TIF City Maintenance $22,946.07

All voted aye on roll call vote; motion passed. The Major Projects fund will be for capital projects not equipment related.

Wangler made a motion, seconded by Sinner to change the $4.00 sewer/ water reserve charge to be put into the street fund. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Sinner to pay the Pool 2007 deficit from the General or Sales Tax fund. Council agreed that the general fund is financing the project for the sales tax fund and it will be repaid to general fund. All voted aye on roll call vote.

Mayor noted that the extraterritorial zone discussion will be discussed in Bismarck. The one mile limit could change. He also noted that Russ Newman will be speaking at the CBA meeting tomorrow night. He encouraged the Council to attend.

City Engineer Kyle Meyer suggested holding the Capital Improvements Plan Public Information meeting on February 23, 2009 at 7 pm in the City Auditorium. Notices will be put in the paper and will go out on the e-mail list.

Mayor McConnell approved the placement of the Welcome to Casselton sign on the retention pond lot in the Martin's Addition. He would like to see a new slogan for the City.

Sinner made a motion, seconded Silbernagel to approve the raffle permit application for the Cottonwood Golf Club Inc. All voted aye one roll call vote; motion passed.

Councilman Tillisch updated the Council on the status of the new swimming pool. The Pool Committee has received a few donations from the letters they sent out, and grants from the Bremer foundation. The maintenance will be the responsibility of the Park Board. Council representatives will attend the next park board meeting to discuss concerns about the pool.


Brandy L. Pyle
City Auditor