REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, April 6, 2009
Council Chambers

Present: Mayor McConnell, Councilmen Silbernagel, Spooner, Wangler, Sinner and Tillisch. Anderson. Not Present: Councilman Anderson. Also Present: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineers Kyle Meyer and Brandon Oye, Water Resource District Engineer Chad Engels, City Auditor Brandy Pyle. Audience Amanda Gadas, Garry Sporell, Diane Sporell, Lorne Sterner.

Silbernagel made a motion seconded by Tillisch to approve the minutes of March 2, 18, 20; 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 Sinner approve the following bills, refunds and salaries for the month of April. All voted aye upon roll call vote; motion carried.

ND STATE DEPT OF HEALTH$10.00Jeff Johnston$100.00
4imprint$469.18AdamKapaun$100.00
AFLAC$289.24Andy Kelly$100.00
AMERIPRIDE LINEN & APPAREL$175.80Paul Kunze$100.00
AVESIS VISION$78.70CASSELTON PUBLIC LIBRARY$6,000.00
BLUE CROSS OF ND$3,647.40ND STATE DPT OF HEALTHCHK$10.00
BNSF Railway$32,000.00ND LEAGUE OF CITIES$25.00
Carol Adamski$20.00ND STATE TAX DEPT.$972.38
CASS COUNTY REPORTER$822.21Nelson Business Forms$900.67
CASS COUNTY TREASURER$9,732.33New Horizons Electric Inc$1,648.68
CASS COUNTY ELECTRIC$610.46Ben Nickila$100.00 
CASSELTON LUMBER & HARDWARE$271.07NORTHERN WATER WORKS SUPPLY,$7.19
CASS RURAL WATER USERS INC$22,194.20OFFICEMAX$273.88
CITY OF FARGO$2,093.70ND DEPARTMENT OF COMMERCE$377.59
CLASSIC FLORAL$36.99Ok Tires$1,013.56
COUGAR MOUNTAIN$3,226.00ND ONE CALL, INC$7.68
EDWARD MCCONNELL$193.71ORBITCOM$5,277.34
Expressway$110.00OTTER TAIL POWER$4,375.93
FARGO WATER EQUIP.$1,376.55Petro Serve USA$3,577.15
FARM PLAN$204.30Dean Poll$68.77
CASSELTON FIRE DEPT$4,000.00BISMARCK RAMKOTA HOTEL$220.00
FARGO FREIGHTLINER$62.52Jerry Reiss$100.00
FIRST STATE BANK$16,000.00SRF Consulting Group Inc$6,560.12
GARY MARIER$9.10STARION BOND SERVICES 444,872.12 
GERDAU AMERISTEEL$126.64STURDEVANT'S INC$256.91
HARDWARE HANK$473.59TOOP INSURANCE$19,094.00
HAWKINS CHEMICAL INC$804.35VERIZON WIRELESS$138.11
H & S PAINTING$100.00Curt Vesey$54.93
JERRY'S EXCAVATING$14,361.92WANGLER FOODS$46.67
David Johnson$100.00XCEL$208.83
Johnson Fargo Culvert Inc$1,304.00BROKERS NATIONAL ASSURANCE$342.80
BROKERS NATIONAL ASSURANCE$55.10  

Sinner made a motion, seconded by, Silbernagel to approve the March financials. All voted aye on roll call vote; motion passed.

Public Works Supervisor Kevin Mayer reported about the Flood 2009 efforts. He noted that it came close to closing old 10, but he didn't have to. The dike and diversion worked the way it was designed. The Council recalled the flood fighting efforts from 1997. They commended the foresight and monetary commitment from previous Councils and City Engineers in protecting the City from flooding events.

City Engineer Kyle Meyer reported that he is working on a report for insurance company regarding the old water tower.

Mayer reported that there was a little bit of erosion and sloughing on Swan Creek, but the banks held. Mayor McConnell noted that County Hwy 23 (the ethanol plant road) held back water that used to flow towards the south side of Casselton.

Wangler made a motion, seconded by Sinner to approve the 2nd reading of Ordinance 255 building code amendment. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Wangler to approve the 2nd reading of Ordinance 256- amending the land use ordinance for daycare classification. All voted aye on roll call vote; motion passed.

Harold Rotunda explained the features of the new accounting software. He then gave his 2008 audit report to the Council. He explained how the 5 major funds (general, water, sewer, sanitation and streets) will be combined into one to better manage the funds and give a better overall picture of city business. He noted that interest income was down in 2008 as compared to 2007. Wangle made a motion, seconded by Spooner to accept the 2008 financial audit report. All voted aye on roll call vote; motion passed.

Lorne Sterner, chairman of the Planning & Zoning committee reported that the committee recommended approving the partial vacation of North Everest 2nd Addition. Sinner made a motion, Spooner seconded by to approve partial vacation of 36th Street SE in North Everest 2nd Addition for reconstruction, maintenance and operation of the Swan Creek. All voted aye on roll call vote; motion passed.
Steve McNab approached the Council to inquire about fill from the Swan Creek diversion to fill in lower lying lots he owns on 8th Avenue South. The Council suggested to ask later this summer, once the work crews were back. The Council will have a better idea of what and where the dirt will be available this summer. The Council thought that landowners should provide their own transportation of the dirt as the vehicles being used now are off road and would damage the residential streets.

Wangler made a motion, seconded by Sinner to authorize the mayor to sign the purchase agreement for the Dalrymple land. All voted aye on roll call vote; motion passed.

Water Resource District Chad Engels presented information on the proposed side slopes near the Cottonwood Golf Course. He explained the areas of concern. The first are being the railroad property. The railroad owned 50 east of section line, the Water Resource District bought the eastern most 43 feet of the 50 feet. The other area of concern, are lots 3, 4 and 5 in Cottonwood 2nd addition. The existing trees are in proposed area for the diversion on and berms. Engels felt that a 4:1 slope was used on the diversion it would save some trees; however it could cause future repairs to the area and could raise the potential for future flood issues. The steeper slope would raise the water surface elevation by 4 inches. The velocity of the water would also be higher in this area. The decision to have this FEMA certified is also a factor in deciding if the trees remain or are removed. There cannot be any trees on a FEMA certified dike. Engels and the Council agreed that a 6:1 slope is the best decision for the construction of the diversion. Engels will speak to the affected property owners. The Council encourage him to be sensitive to their concerns.

City Engineer Brandon Oye noted that a construction meeting for the Swan Creek Diversion Project is scheduled later this week. A work schedule will be announced at that meeting.

Engels also updated the Council on the area flood situation. He presented charts of water flows for the Maple River and for the area watershed district. He explained the water flow from Valley City to Fargo. He concluded that if the Maple River Dam did not exist, Interstate 94 would have been under water.

Spooner made a motion, seconded by Silbernagel to approve the Retail Fireworks permit for Memory Fireworks. All voted aye on roll call vote; motion passed.

Sinner made a motion, seconded by Wangler to approve the appointment of Lynae Sims to the Casselton Cemetery Board. She will take Robert Arneson's vacant seat. All voted aye on roll call vote; motion passed.

Discussion continued about the Semi truck parking on Front Street. The Council could not identify an alternative location for trucks to park on a hard surface. Spooner made a motion, seconded by Tillisch to leave the semi truck parking on Front Street as it already exists. All voted aye on roll call vote, except for Silbernagel (nay); motion passed (4:1).
Auditor Pyle presented information on accepting credit cards for payments.
www.officialpayments.com is a website that would allow residents to pay with a credit card or out of their bank account if they want. This option will be offered along with the direct debit option in which the resident authorizes the City to withdraw the water bill amount due on the 10th of the month. There is no fee to the City with this new option, the fee would be charged to the credit card holder. Sinner made a motion, seconded by Tillisch to approve the credit card payments option. All voted aye on roll call vote; motion passed.

The current direct debit program has been running very successfully for the past 5 years and has 185 residents and businesses signed up for the service.

The Council then discussed the Cottonwood Estates Development and other areas in the city that have not been mapped by FEMA. City Engineer Kyle Meyer reported that the City sent a letter in October 2000 requesting FEMA re-map the city. It is still undetermined when the re-mapping will happen, but the Council hopes to have the Swan Creek Diversion Project complete before it happens. There are some lenders who require flood insurance on homes in areas that have not been mapped.

Wangler made a motion, seconded by Spooner to approve Gaming Site Authorizations for the Vet's incorporated at Vet's Club and at the Red Baron. All voted aye on roll call vote; motion passed.

Sinner made a motion, seconded by Tillisch to approve the resolution reaffirming the City of Casselton's standards for Street Development and Improvements. All vote aye on roll call vote; motion passed.

David Habiger appeared before the Council with concerns about the junk vehicle ordinance, sign ordinance and property clean up costs that were assessed to his 2006 taxes.

Tax equalization meeting Tuesday, April 14.

Motion to Adjourn.



Brandy L. Pyle City Auditor