REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, March 2, 2009
City Auditorium

Present: Mayor McConnell, Councilmen Silbernagel, Spooner, Anderson, Wangler, Sinner (as noted), and Tillisch. Also Present: Assistant City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, Cass County Deputy Steve Hahn, City Engineer Brandon Oye, City Building Inspector Mark Housh, City Auditor Brandy Pyle. Audience: Amanda Gadas, Garry Sporel, Lorne Sterner, Maletta Meyer, Brian Sinner, Karen Ottosen, Brian Walters, Jaci Sullivan, Liegh Shebeck, Ashley Massajo, Janelle Stahl, and other area home daycare owners.

Anderson made a motion seconded by Tillisch to approve the minutes of February 2; 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 March. All voted aye upon roll call vote; motion carried.

3-1ND STATE DISBURS$213.69Glen Holland$100.00
ADVANCED BUSINES$205.68Lisa Hook$100.00
AMERIPRIDE LINEN$175.80JOHNSON PEST CON$140.00
VESIS VISION$78.70CASSELTON PUBLIC$6,000.00
THE BANK OF NORT$150.00MID-STATES WIREL$2,120.00
BILL KAPAUN$525.00ND SEWAGE PUMP$148.00
BLUE CROSS OF ND$3,647.40ND SOLID WASTE$50.00
BRANDY PYLE$14.50OFFICEMAX$109.99
BREMER$650.00ND DEPARTMENT OF$369.22
BREMER BANK PAY$2,898.46ORBITCOM$278.59
BROKERS NATIONAL$229.60OTTER TAIL POWER$4,517.60
BUD'S ELECTRIC$708.38PHYLLIS BAUMGARTEN$375.00
BURGUM LAW FIRM$3,200.00HAROLD ROTUNDA,$2,800.00
CASS COUNTY GOVE$19,464.66SAM'S CLUB$35.00
CASS COUNTY ELEC$423.54Sm Inc.$87.00
CASSELTON LUMBER$210.45STURDEVANT'S INC$578.04
CASS RURAL WATER$24,787.22WORKFORCE SAFETY$4,419.79
CITY OF FARGO$2,426.50XCEL$270.25
Fargo Hose Comp$172.52CLASSIC FLORAL$36.99
FARGO WATER EQUI$693.89Alan Halvorson$100.00
FARM PLAN$782.46ND State Auditor$165.00
Travis Gasner$100.00ND Rural Water SHKO/SAP$125.00
Brian Gebeke$100.00ND ONE CALL, INC$3.72
GERDAU AMERISTEEL$88.14Petro Serve USA$1,904.13
HAWKINS CHEMICAL$1,067.40Clint Sletten$13.41
Wayne Herman$100.00SRF Consulting G$2,988.89
H & H COATINGS I$300.00VERIZON WIRELESS$138.11
Weber Insurance$767.00  

Silbernagel made a motion, seconded by, Wangler to approve the 2008 year end financials. General Fund: $201,910.09; Special Revenue $545,202.81; Debt Service $26,801.80; Construction Fund ($119,118.85), Special Assessment $456,674.60; Enterprise $616,888.31; Trust &Agency $6,074.82 for a total of $1,972,671.28. All voted aye on roll call vote; motion passed.

A thank you note was received from the Gunderson family for flowers sent for the Gordy Gunderson funeral.

Wangler made a motion, seconded by Tillisch to approve the second reading of Ordinance 254, which amends the Land Use Ordinance 2002 so that a property owner or proposed owner may make application to the Planning and Zoning Commission to have two or more lots treated as one lot for all purposes, without re-platting. The Planning and Zoning Commission shall have a hearing on the matter and after reviewing the property and neighborhood and all other relevant factors and hearing from the applicant, shall either grant or deny the application. All voted aye on roll call vote; motion passed

Leigh Shebeck from Rasmussen College presented information about the college and invited the Council, appointed officials and employees to take part in different programs they are offering. Council, appointed officials, employees and their families can receive 10% tuition, $60 fee waiver, and junior and seniors can take up to 24 credits for free at Rasmussen. Council thanked him for the presentation and thought it was a good opportunity.

Brian Walters, president of the Greater Fargo Moorhead Economic Development Corporation presented the Council with a Memorandum of Understanding. The memorandum formalizes the relationship between Casselton and the GFMEDC. GRMEDC works with the Casselton Job Development Authority on promoting the area for business development. City Attorney Burgum noted that the two entities have a great working relationship. Silbernagel made a motion, seconded by Tillisch authorize the Mayor to sign the Memorandum of Understanding with the Greater Fargo Moorhead Economic Development Corporation. All voted aye on roll call vote; motion passed.

JoAnne Erdman approached the Council with concerns about the drain in front of her house. City Engineer Oye noted that he will talk to City Engineer Kyle Meyer and take a look at the area and report back. There is a lot of water that isn't draining. This will be put on the May agenda

Planning and Zoning Chairman Lorne Sterner presented the committee's recommendations for the two items that were presented to the P & Z board. The board unanimously voted to approve a conditional use permit for Jaci Sullivan to open an antique shop at 634 Front Street, (Lot 7 Block 4 Original Townsite). Sullivan hopes to attract more tourism and others to the shop. Tillisch made a motion, seconded by Anderson to approve the conditional use permit for a antique shop at 634 Front Street

Sterner went on to present the committee's recommendations regarding home daycares. The suggestion was to have 2 classes of daycare facilities. Class A would be a home child care facility lived in by the daycare provider that serves up to a maximum of twelve children and has no more than one non-resident employee. There must be enough off street parking spaces to accommodate the principal use of the residence, the non-resident employee, and allow for drop- off and pick-up of children in the driveway. Class B- A state licensed home childcare facility lived in by the daycare provider that serves more than twelve children and up to a maximum of eighteen children, or requires more than one non resident employee. There must be enough off street parking spaces to accommodate the principal use of the residence, and non-resident employee and allow for drop-off and pickup of children in the driveway. A Class B Daycare facility shall only be allowed by conditional use permit as provided in this ordinance. The proposed daycare facility must also be issued a Certificate of Occupancy from the City of Casselton building inspector prior to approval. Any grant of conditional user permit for a Class B Daycare Facility shall be reviewed by the City Planning and Zoning commission within 24 months from the day of the initial permit grant. The conditional use permit and certificate of occupancy shall be for the licensed operator only and are non-transferable to any other site or person.

City Building Inspector Mark Housh noted that the building code would have to be amended to allow the class B daycare facility up to 18 children. 18 children is the maximum allowed in an in home day care facility. The current building code only allows up to 12 children. Sterner noted that this was similar to West Fargo's ordinances.

Donna Oberg, Child Care Specialist from Child Care Resource and Referral noted that if the three licensers area know Casselton's ordinances regarding daycares, then the daycare applicants will be informed of the City ordinance. A daycare must be licensed if there are more than 5 children in a daycare. Wangler made a motion, seconded by Silbernagel to amend the building ordinance to allow up to 18 children in a daycare facility. All voted aye on roll call vote; motion passed.

Spooner made the motion, seconded by Tillisch to amend the zoning ordinance to adopt the recommendations from planning and zoning commission regarding the changes to the classification of home daycares and conditional use permits for up to 18 children. All voted aye on roll call vote; motion passed.

Ron Mueller updated the Council on the new committee overseeing Summerfest. He noted that Deanne Grommesh and Rhonda Pfingsten have been hired as coordinators and have planned new activities. Everyone seems excited for the festivities.

City Engineer Brandon Oye presented the agreement between the City of Casselton and the Maple/Rush River to enter into agreement regarding the purchases, easements, driveway construction and plat vacation on the North Everest Subdivision and the North Everest Second Addition. Silbernagel made a motion, seconded by Wangler to enter into agreement regarding the purchases, easements, driveways construction and plat vacation on the North Everest Subdivision and the North Everest Second Addition. All voted aye on roll call vote; motion passed. The city will continue to blade the gravel, but will not add gravel for the Vet Clinic or the Sterner property.

Discussion continued about the slope of the new diversion on the west side of the golf course. The ideas of a 4:1 slope and a 6:1 slope were discussed. There are a few trees that would have to be removed if the decision was to stay with 6:1 slopes in that area. Oye noted that Project Engineer Chad Engels plans to discuss this at a future meeting before a final decision is made. Council recommended that Engels talks to the Board of Directors at the Golf Club. This item will be on next month's agenda.

Mayor McConnell recused himself from the chair as he bid on the truck the City has for sale. Council President Anderson opened the bids. Clint Sletten bid $1003.00 for the pick up and ET Trucking bid $1925.00 Silbernagel made a motion to accept the high bid from ET Trucking. All voted aye on roll call vote except for Anderson; motion passed. McConnell noted that he will take the truck to auction and if it goes for more than what he bid, and then the extra money will be turned over to the City.

Council President Anderson returned the chair to Mayor McConnell.

Only one bid was received for the Alamo mower. Charles Christianson from Kindred bid $525.00. Public Works Supervisor Mayer noted that no improvements have been made to it since the City purchased it. The Mayor recommended accepting the bid. Anderson made a motion, seconded by Silbernagel to accept the bid of $525.00 from Charles Christianson for the Alamo mower. All voted aye on roll call vote; motion passed.

Councilman Silbernagel introduced information about a company called Subsurface Inc. who does drainage structure maintenance and repair. This could be another resource to use if storm sewers or culverts are plugged.

Public Works Supervisor Mayer introduced the drought management plan. It will be used as a set of guidelines for the City to try and curb water usage if there is a drought event. Wangler made a motion, seconded by Tillisch to adopt the Drought Management Plan. All voted aye on roll call; motion passed.

Meyer noted that there have been improvements in vehicles parked on the street during snow removal. Warnings will be put on windshields of vehicles that are out of compliance and tickets will be issued as necessary.

Councilman Sinner arrived at this time.

Mayor McConnell and Councilman Anderson reported on their meeting with SRF Consulting, ND DOT and BNSF from Tuesday April 24th. They reported there are possibilities for concrete medians on 3rd and 6th Avenues. Medians would be a less expensive option to a whistle free zone in Casselton. McConnell noted that there was some discussion on the 8th Avenue pedestrian crossing. BNSF has it as a closed crossing on their books. Minutes were reviewed from April 1980 when the street crossing was originally closed. The Langer Avenue crossing will probably be the most expensive if the whistle free zone is established. A four quadrant system would be needed. Anderson reported that there would need to be something done with the pedestrian crossings at Langer Avenue and 6th Avenues. A pedestrian maze and flashing lights were discussed. There is discussion in the Legislature about funding for quiet zones with a maximum of $100,000 per crossing and not to exceed $500,000 per city. It was mentioned that BNSF union people are for the whistle free zones.

The Council discussed street crack sealing. Two bids were received for this service. Roadway Services bid .535 per lineal foot and Northwest Asphalt Maintenance bid .50 per lineal foot. Public Works Supervisor called Northwest's references. The City plans to spend $15,000-$18,000 dollars worth of improvements done this summer. This should get 30,000 feet done on the south side of town depending the condition of the roads. The Mayor recommended Northwest Asphalt Maintenance for the crack sealing project. Silbernagel made a motion, seconded by Anderson to award Northwest Asphalt Maintenance the street crack sealing project. All voted aye on roll call vote; motion passed.

The Council then discussed the stimulus money. The money will be funneled through existing programs at the state level like the DOT, and the Revolving Water Fund to communities of our size.

Spooner made a motion, seconded by Silbernagel to approve a raffle permit for KC Pro West. All voted aye on roll call vote; motion passed. The sales tax fund benefits from food and drink when an event like this one is hosted

Wangler made a motion, seconded by Silbernagel to approve the contract for waste water testing by the ND Dept of Health. All voted aye on roll call vote; motion passed. Public Works Supervisor presented information on the new ground water rule and regulations. The EPA adopted regulations that are effective this year if a fecal coliform presence is found, then more testing is mandated, and Cass Rural Water would also have to test their well since Casselton is a consecutive user. Casselton has 5 sites identified where monthly water samples are collected.

There is discussion about storm sewer and retention ponds, but nothing that will affect the City now.

City Engineer Brandon Oye presented information regarding the old water tower and the different options the City has regarding a second tower. It would take about $180,000 to fix the old tower and bring it up to date. The other possibilities include not fixing the roof on the water bubble and building a 100,000 or 400,000 gallon water tower. The new tank would be located up by the school. A 400,000 gallon tank would replace the existing bubble. Cass Rural Water would have to approve to be able to pump directly into a tower for this to be possible. The School would benefit with an improved fire rating and could put a fire hydrant in the back yard of the school. The City is still waiting on the insurance adjuster regarding the claim on the damage to the old tower. The valve company is thought to be at fault because of the standpipe rupture when the tower was drained in October. The Council will wait and decide once estimates com in. There is a possibility that the SRF would have grants and low interest loans available with the stimulus package.

Public Works Supervisor Kevin Mayer and Auditor Brandy Pyle plan to attend the March Flood Preparedness Meeting on March 4. The Casselton Fire Department 2008 Annual report was reviewed. Auditor Pyle will be attending the North Dakota League of Cities March meeting.

Councilmen Wangler reported on Cities Day at the Capital that he attended. He reported that it was a good visit and had a chance to speak with Vonnie Pietsch about the sales tax on clothing.

Councilman Silbernagel was approached about the availability of more parking on Front Street. There is a location for semi trailers to park. He thought that if the semitrailers could be moved to the vacant lot west of the Car Doctor, then it would open up more parking for employees of the businesses on Front Street. More discussion to take place at the next Council meeting after further research is conducted.

Motion to Adjourn.

Brandy L. Pyle
City Auditor




Emergency Preparations
Special Meeting
Wednesday, March 18 2009
12:00 p.m.
ET Excavating Office


Present: Mayor McConnell, Councilmen Sinner, Wangler, Tillisch, Anderson, Spooner. Not Present: Silbernagel


Anderson made a motion, seconded by Tillisch to authorize the Mayor to sign the declaration of emergency. All voted aye on roll call vote; motion passed. The City will start preparing for the potential spring flooding.

Motion to adjourn.

Brandy L. Pyle
City Auditor

Flood Update Meeting
CITY OF CASSELTON
Friday March 20, 2009
Council Chambers


Present: Mayor McConnell, Councilmen Tillisch, Anderson, Spooner, Silbernagel. Also Present: Public Works Supervisor Kevin Mayer and City Auditor Brandy Pyle.

Mayor McConnell opened the meeting.

The Council discussed the flood situation of Fairmount, where their sanitary sewer was over run, and of Fargo and the height of the river.

The moisture content in the snow was measured to be about 5.5". Public Works Supervisor Kevin Mayer reported that the generators have been tested, flap gates fixed, and channels have been opened up.

Information regarding small businesses and resident preparedness was emailed out to residents in the City update list.

Mayer reported that drain 64 opened up and the water dropped 6 inches. The drain is technically responsibly of the drain boards, but the CORE of Engineers is watching it. There is still quite a bit of water to the northwest of town. Gladden Construction's equipment is still near by and available if needed.

Councilman Pete Silbernagel via speakerphone entered the meeting. The Council updated him on the current situation.

Councilman Pete Silbernagel left the meeting.

There is a concern for flooding in the industrial park. Governors' Inn has capped all the sewer pipes. It was also noted that there is a lot of frost in the ground.

Notices will go out regarding sump sumps need to be draining outside into the street.

Mayer noted that if Casselton doesn't have problems with flooding, he still expects to have extra traffic through town. There will be a 4 way stop sign set up on Langer Avenue at 1st Street North by City hall to help direct traffic, if Interstate 29 is routed through town.

It was asked to see if Cottonwood Estates could be mapped by FEMA, so as the homes in that area wouldn't have to pay flood insurance.

Council will be updated on the status of the flood situation daily.

Brandy L. Pyle
City Auditor