City of Casselton

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

Present: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Wangler, and Tillisch. Also Present: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineers Kyle Meyer and Brandon Oye, Sergeant De Wayne Nitschke, Deputy Craig Danielson, City Auditor Brandy Pyle. Audience Members Mike Utt, Randy Buntrock, Janelle Stahl, Bill Rutz, Aaron Nudell, Russell Muscha, Gadas, Diane Sporell, Lorne Sterner.

Anderson made a motion seconded by Silbernagel to approve the minutes of April 6, 14; 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 Wangler approve the following bills, refunds and salaries for the month of April. All voted aye upon roll call vote; motion carried.

USPS	$394.17		HARDWARE HANK	$38.79
Altel	$127.50		HAWKINS CHEMICAL INC	$1,234.66
AMERIPRIDE LINEN & APP	$109.96		JDP ELECTRIC INC	$407.00
AVESIS VISION	$78.70		JERRY'S EXCAVATING	$3,828.86
BILL KAPAUN	$825.00		JOB AUTHORITY	$7,524.16
BROKERS NATIONAL ASSURANCE	$397.90		KEVLOTT TESTING SERVICE	$110.00
BURGUM LAW FIRM	$4,050.00		MINOT STATE UNIVERSITY	$135.00
CASS COUNTY REPORTER	$28.47		ND DEPART. OF TRANSPOR	$106.26
CASS COUNTY TREASURER	$9,732.33		OFFICEMAX	$100.61
CASS COUNTY ELECTRIC	$206.18		ORBITCOM	$276.67
CASSELTON LUMBER & HAR	$94.89		OTTER TAIL POWER	$5,033.69
CASS RURAL WATER USERS	$30,652.91		CASSELTON PARKS & REC	$5,280.15
CASSELTON CEMETERY ASS	$9,739.35		BISMARCK RAMKOTA HOTEL	$330.00
CITY OF FARGO	$3,835.10		SRF Consulting Group I	$5,328.26
COTE MECHANICAL LLC	$65.00		STURDEVANT'S INC	$192.91
CURTIS VESEY	$62.03		TEAM LABORATORY	$4,652.50
ET TRUCKING LLC	$175.00		TITAN MACHINERY	$9,900.00
FARGO WATER EQUIP.	$1,004.08		Titan Access	$263.22
FARM PLAN	$74.16		VERIZON WIRELESS	$138.40
CASSELTON FIRE DEPT	$16,913.32		XCEL	$164.73
GARY MARIER	$54.89		COTTONWOOD GOLF CLUB	$10,000.00

Sinner arrived at this time.

Silbernagel made a motion, seconded by, Tillisch to approve the April financials. General Fund $436,739.67; Special Revenue $439,086.17; Debt Service $159,098.78; Special Assessment $455,119.03; Construction $4,513.87; Enterprise $740,347.74; Trust and Agency $29,772.31; Total $2,264,677.57. All voted aye on roll call vote; motion passed.

Public Works Supervisor Kevin Mayer reported that clean up week is going well. There are a lot of items out on the boulevards to pick up this year. He is still working to schedule the contractor for the crack sealing project this summer. Mayer also noted that the streets in town had a hard winter and is creating a list of areas that need to be repaired like the one State Hwy 18 (5th street north). This particular spot is believed to be caused by all the excess traffic on the road from the Interstate 29 routed through town. The Auditor will add it to the flood damage assessment.

It was mentioned that the mosquito spray truck driver would like a pellet thrower. Mayer will check to see where County Vector Control purchases theirs. Vector Control used to spray in Casselton, but has not since the City began to spray on its own. Council wondered if there was a possibility to ask for free chemical since a small portion of property tax is allocated to vector control. Vector Control still checks the mosquito traps for Casselton.

Mayor McConnell noted that the painted lines at the intersection by Gordy's and Governors' Inn on Hwy 18 is almost gone. The Auditor was instructed to mail a letter to the ND DOT to request lane striping.

Lorne Sterner, chairman of the Planning and Zoning Commission presented the committees recommendations for the requests presented. The first recommendation in favor of a conditional use permit for a class B Daycare Facility with a maximum of 18 children and 2 non-resident employees in a residence at 4321 Cottonwood Drive, legally described at Lot 14, Blk 2, Cottonwood Second Addition. Spooner made a motion, seconded by Wangler to approve a Class B daycare facility conditional use permit for Janelle Stahl at 421 Cottonwood Drive. All voted aye on roll call vote; motion passed.

The second recommendation was also in favor of a conditional use permit for a class B Daycare Facility with a maximum of 18 children and 2 non-resident employees in a residence at 522 Martins Avenue, legally described as Lot 3, Block 1, Martins 1st Addition with the recommendations that a fence be built in the backyard. Silbernagel made a motion, seconded by Wangler to approve a conditional use permit Class B daycare facility conditional use permit for Ashley Massajo at 522 Martins Avenue with understanding that a fence is erected in the back yard. All voted aye on roll call vote; motion passed. City Attorney Brad Burgum explained that the covenants in a residential development may be stricter than the City's.

The third recommendation was again in favor of a conditional use permit for Russel Muscha d/b/a U.S. Heat Treating to operate a facility that treat steel by heating it at 502 Front Street, legally described as Lots 13-15 Block 14, 1st Addition. Muscha explained that his business hardens steel to about 1500 degrees. Sterner visited his facility in West Fargo. There would only be 1 -2 trucks a week, and his personal truck. Sinner made a motion, seconded by Tillisch to approve a conditional use permit for Russell Muscha d/b/a US Heat Treating at 502 Front Street. All voted aye on roll call vote; motion passed.

City Engineer Brandon Oye visited the house at 342 Langer Avenue South. There were concerns about water drainage in the yard. The problem Oye found was that the garage was at the same elevation as the storm sewer. The yard then acts as a detention pond for the water before it goes into the storm sewer. There are a few options: She could try to fill the yard, but with the garage being as low as it is, there is very little room for grading. They could partially fill in the yard, but there would still be pooling issues in front of the garage. They could also raise the garage about 1 ½ to 2 feet to be at the same level as the house. The final option was to create other detention areas, but this would cause problems if a 2 inch rain fell. The Council instructed Oye to send a letter with the discussed options.

Bill Rutz from the Cottonwood Golf Club Board approached the Council inquiring about the Sales Tax committee meetings, dedications and funds available. The Board sent in a request for $25,000 for an ADA accessibility entrance and landscaping to the new club house. The Council explained that there wasn't a scheduled spring meeting because the sales tax funds had primarily been dedicated to the pool. After considerable discussion Sinner made a motion seconded by Silbernagel to fund $10,000 towards the handicap accessible deck for the Cottonwood Golf Club House. All voted aye on roll count except for Spooner voted nay. Motion passed 5:1.

Aaron Nudell reported that this past winter, Central Sales had pushed the majority of its snow onto Nudell's property. The excess snow caused major problems in the alley and flooded his basement. Mayor McConnell noted that there wasn't too much the City could do, as this was a civil matter. The boulevards are considered a right of way for the City, not for other use. Councilman Tillisch and Mayor McConnell agreed to talk to Stu Romsdal regarding the issue. Attorney Brad Burgum noted that if someone intentionally causes property damage, then they can be charged, or the matter could also be taken to small claims court.

Virginia Stockburger, from Dell Arneson's office appeared before the Council to request an abatement on Cottonwood Estates Development specials payment for three years, and to remove the letter of credit. Arneson's office had the understanding that the City required the development to be special assessed.

Attorney Brad Burgum noted that the City cannot abate the specials for three years, because of the repayment obligation, and it is against the North Dakota Century Code. He spoke to several municipal attorneys regarding this matter, and none had ever heard of abating specials before the bond was paid off. There have been instances, where the interest is deferred for a year, that cost is then added back into the cost of the specials. He went on to explain that Dell mentioned that Casselton's lots had not been competitive in the past as the developers had to pay for their own development and recoup the cost from the price of the lot. The Council went on the explain that Mike Vipond, who was acting as an agent for Dell Arneson at that time, requested that the project be done through the City and special assessed so that it was competitive with other communities. Councilman Silbernagel noted that he and a few other Councilmen were not comfortable with this new way of developing lots at that time. The lots in the development are low, and need fill to be able to build a house on. Stockberger noted that they have normally been very successful to sell about half the lots within the first three years, but have been struggling with this development. In regards to the request to remove the letter of credit backed by the bank, and have Dell Arneson personally guarantee the remaining specials, the Mayor felt the City should not. He felt that it would be a disservice to the citizens of the community. Attorney Burgum noted other communities often require a 60% or more letter of credit with developers, but hadn't heard of any cities that allowed developers to personally guarantee specials. The letter of credit is for half of the specials, and will be reduced when lots are developed. The same requirements were set for the Martin's Addition Development which was created at the same time as Cottonwood Estates. There was also discussion about the fill for the properties. The remaining lots will be filled in this summer with the extra dirt from the Swan Creek Diversion project with extra stockpiled for phase II of the development once the dirt movers start up again in a few weeks. Council and Stockberger agreed to meet in committee to further discuss the development.

Councilman Spooner left at this time.

Silbernagel made a motion, seconded by Sinner to designate the Cass County Reporter as the City's Official Newspaper. All voted aye on roll call vote; motion passed.

City Engineer Kyle Meyer reviewed the GIS proposal from last fall. The total cost to the City is about $12,700 with an annual maintenance cost of $250.00. This cost includes the initial map created by Moore for $6,000, the hand held for $6,000 and software for $700. The Public Works department would be able to collect their own data with the hand held and Moore would be able to input that data into computer readable maps. Mayor McConnell noted that there were funds available in the Tower rent fund to finance the project. Wangler made a motion, seconded by Anderson to approve the purchase of a GIS system and handheld. All voted aye on roll call vote; motion passed.
Mayor McConnell noted that the City has been spending quite a bit of money in gas sending its employees to various trainings around the state, as they have had to use the City Pickup. Sinner made a motion, seconded by Silbernagel to authorize the Mayor to purchase a fuel efficient vehicle up to $6,000.00 at the State Property Surplus Auction. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Wangler to approve the 2008 water quality report. All voted aye on roll call; motion passed.

Councilman Anderson noted that the guard rail in the Governor's Park is dilapidated. It has been in place for about 15 years, and has finally succumbed to the elements. The Governor's Park committee had met. City would need to put some posts in the ground and put the rail on. The Park District also offered its services if needed needed. Anderson made a motion, seconded by Silbernagel to direct Public Works Supervisor Mayer to replace the guard rail. All voted aye on roll call vote; motion passed.

City Engineer Kyle Meyer reported that the City had been awarded the full $150,000 for the Safe Routes to School Grant. The City would need to contribute $300,000. The Council discussed scaling down the project if needed. It was noted some cities set aside funds for annual sidewalk projects. The Council agreed to send a response to confirm that Casselton will be doing a project with the funds.

Discussion continued about the "stimulus money". The entities that normally receive funds, received more this year. Unfortunately since Casselton is not over 5,000 in population, our funds have to be disbursed by the State. The City will not see any effect of the stimulus money.

City Engineer Brandon Oye submitted the SRF (State Revolving Fund) draw request in the amount of $53,309.00 This amount is for costs incurred on the Swan Creek Diversion Project, and will be submitted to the Water Resource District for Casselton's portion of the cost of the project. Silbernagel, made a motion, seconded by Wangler to approve SRF request #2 in the amount of $53,309.00. All voted aye on roll call vote; motion passed. The total project will cost approximately 4.25 million dollars, and the City's portion is 1.9 million (with the Water Resource District contributing $500,000.)

Auditor Pyle noted that the first PW has been submitted to FEMA for $7,794.62 for reimbursable costs the City has in the flood fight 2009. Another PW has been submitted for contractor costs. FEMA should reimburse the City 75% of the costs, the State should reimburse 15%, 10% will be local share. Some overtime not reimbursed because of the work done on the over time. Damages to Lagoon Cell #1, and the street on Hwy 18 should qualify as well.

There was a miscommunication with the reimbursement process, and one of the exempt employees was paid over time. According to FEMA, there would have to be a hard trigger for an exempt employee overtime to be reimbursable. For example if the diversion reached a certain elevation. Silbernagel made a motion, seconded by Sinner to pay Public Works Supervisor Mayer for the overtime during the flood event. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Tillisch to authorize a gaming site permit for Prairie Public at T's Shamrock Bar. All voted aye on roll call vote; motion passed.

The Council asked Sgt. Nitschke to look into the growing concern of kids on four wheelers in town. Sgt. Nitschke also noted that Casselton has been quiet.

The Council reviewed the request from Petro Serve. Petro Serve requested to reduce their bill for repairs to the water service line. The service line is to a building that the company hasn't used water in 30 years. The bill to Cenex was for the same amount the City paid Jerry's Excavating to complete the repairs. Per Casselton ordinance 34, the property owner is responsible for the cost of repairs up to/ and the connection to the main. Sinner made a motion, seconded by Anderson to deny Cenex request to reduce the water repair bill. All voted aye on roll call; motion passed. City Engineer Meyer and Public Works Supervisor will determine where the line hooks if service is to be discontinued.

Public Works Supervisor reported his recommendations regarding the old water tower. He reported that he had spoken with a North Dakota Rural Water System Circuit Rider who noted that the City of Leeds's water tower built in 1918 was still in good condition and operational. He also spoke to the insurance adjuster, and there will be money from insurance to cover some of the repairs. Mayer noted that most of the City's growth is on the south side, and that it might not be the right time to pursue a new tower. The contractor hired to inspect the towers reported several findings to bring the tower up to OSHA standards. Those and the stand pipe repairs are estimated at $300,000.00. A new tower would cost about 1 million dollars. The Council agreed to get the existing tower fixed and running, and instructed Mayer to solicit bids for the OHSA improvements. Letters will be sent to 2 previous water tower contractors for bids as well.

The Council reviewed a letter received from Barb Korstad. There is an enormous frost boil near her home at 31 4th Avenue North. Councilman Sinner noted that he visited earlier in the day and confirmed the situation. The street is stubbed in and the city has right of way there. Discussion continued with possible solutions, such as drain tile and grading. The Council agreed it was best to let the street firm up and then take another look at it later this summer to determine the best course of action to remedy the problem.

Auditor Pyle noted that the furnace and the a/c units for the library are broken. She spoke to 2 contractors who inspected the unit and confirmed that with the age of the unit and the degree of the disrepair that a new one would be the most cost effective solution. The Council instructed Pyle to get bids for a new heat/ ac unit for the Library.

Formal requests for dirt from the Swan Creek Diversion were received from David Piper, Lowell Gunderson and Steve Link. They will be added to the list the City has started for those who would to purchase dirt.

Sinner made a motion seconded by Silbernagel to advertize for a part time public works employee for the summer to assist with pothole repairs and other various tasks this summer. All voted aye on roll call vote; motion passed. Auditor Pyle noted that she received information from the Job Service of ND that would help with the cost of extra employees

Motion to adjourn.



Brandy L. Pyle
City Auditor