REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, June 1, 2009
Council Chambers

Present: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Wangler and Tillisch. Also Present: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineer Kyle McCamy, Sergeant De Wayne Nitschke, Deputy Steve Hahn, City Auditor Brandy Pyle. Audience Members Audience Members: Greg Kempel, Susan Kempel, Gary Siverson, Scott Mensing, Ken Habiger, Joel Herbert, Chris Prochnow, Garry Sporell. Mary Kempel

Anderson made a motion seconded by Tillisch to approve the minutes of May 2; City Attorney's Report, Police Report, Municipal Judge's Report, and the delinquent utilities list. All voted aye on roll call; motion carried.

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

AFLAC$289.24Medica$2,218.45
AMERIPRIDE LINEN & AP$184.83MEDCENTER ONE$60.00
Jered Arneson$62.65ND STATE DPT OF HEALT$222.27
AVESIS VISION$78.70OFFICEMAX$75.47
Medica$650.88ND DEPARTMENT OF COMM$744.02
BRANDY PYLE$181.07ND ONE CALL, INC$42.90
BROKERS NATIONAL ASSU$367.28ORBITCOM$247.00
CASS COUNTY HEATING$469.50OTTER TAIL POWER$3,863.16
CASS COUNTY REPORTER$1,034.87Petro Serve USA$1,539.14
CASS COUNTY TREASURER$9,732.33ND STATE PLUMBING BOA$25.00
CASS COUNTY ELECTRIC$761.01POWERPLAN$935.32
CASS RURAL WATER USER$24,653.70Harriet Powers$100.00
CITY OF FARGO$3,682.30Kate Rice$100.00
COTE MECHANICAL LLC$104.04Berverly Runger$100.00
EDWARD MCCONNELL$177.07Rush River Construction$300.00
FARGO WATER EQUIP.$238.46SANITATION PRODUCTS$500.00
FARM PLAN$114.41SCHEELS HOME & HARDWARE$47.99
FARM PLAN$28.00John Siverson$249.08
SHEYENNE GARDENS$204.50Sm Inc.$332.75
GARY MARIER$12.76S & S LANDSCAPING CO.$2,701.79
HARDWARE HANK$327.01Tim Stautz$100.00
Ignus Technologies$142.50USPS$100.00
INNOVIS HEALTH$99.00VERIZON WIRELESS$138.40
JOHNSON PEST CONTROL$140.00CITY OF WEST FARGO$420.00
Mac's$22.06XCEL$90.65
Elmer Mallow$5.00BROKERS NATIONAL ASSU$30.62
MAPLE RIVER WATER RES$53,309.00  

Anderson made a motion, seconded by, Sinner to approve the May financials. General Fund $449,211.21; Special Revenue $320,843.85; Debt Service $196,989.13; Special Assessment $458,802.63; Construction $52,620.46; Enterprise $805,430.97; Trust and Agency $20,569.52; Total $2,304,467.77. All voted aye on roll call vote; motion passed.

Lorne Sterner, chairman of the Planning and Zoning submitted the committee's recommendation to approve Maple River Distillery request for a conditional use permit to operate a micro distillery where distilled spirits are made and sold at 4 Langer Avenue North, legally described as Unit #1E and Unit #3, Governors Office Park Condominium in Casselton. Greg Kempel presented history of the winery, and the projections of the proposed business. Wangler made a motion, seconded by Anderson to approve a conditional use permit for Maple River Distillery to operate a micro distillery where distilled spirits are made and sold at 4 Langer Avenue North, legally described as Unit #1E and Unit #3, Governors Office Park Condominium in Casselton All voted aye on roll call vote; motion passed.

The Safe Routes to School Sidewalk project was discussed next. Chris Prochnow voiced his approval for the project and is ready to help if needed. He noted that there would need to be a larger culvert installed to carry all the water flow that currently flows in the ditch. He wants have kids walk on the sidewalk on the sidewalk and not on Highway 10. He questioned if his willow trees would need to be removed and if they would be replaced. The Council requested Moore Engineering to take a look at it and make a recommendation. The project will not be done this year, as the grant money will be available in 2010. The Council is unsure of the timetable at this point in the project.

A Liquor license Application was reviewed. Scott Mensing and Joel Hebert will be purchasing the Red Baron and Pizza Pub Business and approached the Council requesting a full liquor license. Ken Habiger, current owner, was in favor of the transfer of the liquor license. Sinner made a motion, seconded by Tillisch to approve an on and off liquor license for the Red Baron effective July 1, 2009, on condition of the sale of the business. All voted aye on roll call vote; motion passed.

Mayor McConnell had been approached by an entity to purchase the land to the east of the pool. The land is owned by the Park board and is deeded for park use. The land must be turned over to the City if is to be sold for other use. May McConnell expressed his personal feeling that it was not a good idea to sell the land as this area should be reserved for a future community center. Mayor McConnell recommended the Council investigate the issue. Anderson made a motion, seconded by Silbernagel to table the issue until next month. All voted aye on roll call vote; motion passed.

The Community of Care submitted a sales tax request for $5,000 to assist the program in improving access to essential services for older adults and other in need in rural Cass County. Community of Care President Bernie Sinner and Executive Director Jane Starommen answered questions from the Council. There are several funding sources for this group ranging from grants and foundations to charitable contributions. There are 600 people served by this service with 40 active volunteers. They help with transportation, housing family support, Medicare forms and medical transportation. There currently no fee for services, Wangler, made a motion, seconded by Spooner to approve the request the Community of Care sales tax request of $5,000. All voted aye on roll call vote; motion passed

Public Works Supervisor Kevin Mayer and John Siverson discussed the new chemical that will help the City in its battle with mosquitoes. The new chemical (a granular) will help with the larvacides and pupa, and should reduce the spraying that is currently done to reduce the number of mosquitoes.

City Attorney Brad Burgum answered Council questions about proposed ordinance 257. The 2009 Legislature amended the law to allow the production of distilled items in North Dakota. The ordinance is the similar to the ordinance created when the Winery first opened, but now will say alcoholic beverages instead of wine. It will be a separate license from a wine license. Sinner, made a motion, seconded by Wangler, to approve the first reading ordinance 257- amendment to alcoholic beverage ordinance. All voted aye on roll call vote; motion passed.

Fencing around recycling centers and lift station in Willow Bend were discussed. Public Works Supervisor Kevin Mayer proposed a white vinyl fencing to dress up the areas. Silbernagel, made a motion, by Sinner to approve the purchase of fencing not to exceed $5,000. All voted aye on roll call vote; motion passed.

Silbernagel made a motion seconded by Wangler to authorize the Mayor to sign the North Dakota Community Military Covenant. All voted aye on roll call vote; motion passed. The North Dakota League of Cities is hoping to get 100% of all cities in North Dakota to sing the Covenant.

The Council reviewed an email from Todd Dutchuk requesting the tree committee to look into a sound barrier on the East Side of Langer Avenue, just north of the Vet Clinic. The Council cannot accommodate his request as anything that could be done, would have to be in the right of way and that is the ditch. Anderson made a motion, seconded by Sinner to deny the request for a sound barrier. All voted aye on roll call vote; motion passed.

Spooner made a motion, seconded by Wangler to approve the Gaming site authorization for Prairie Performing Arts to games at Wild Knights Saloon. All voted aye on roll call vote; motion passed.

Silbernagel made a motion, seconded by Sinner to approve a raffle gaming permits for the Casselton Business Association, Swanks Car Club, and Cottonwood Golf Club. All voted aye on roll call vote; motion passed.

Wangler made a motion, seconded by Spooner to approve the contract authorizing the State to administer the City of Casselton local sales tax. All voted aye on roll call vote; motion passed.

Anderson made a motion, seconded by Silbernagel to approve mid-year transfers:

From Fund To City Maintenance Fund General $284,000.00 Street $61,000.00 Water $94,000.00 Sewer $91,000.00 Sanitation $70,000.00. All voted aye on roll call vote; motion passed.

City Engineer Kyle McCamy reported that the force main and water main have been moved.

The Council discussed the dirt from the Swan Creek Diversion. Councilmen Anderson visited with the Contractor and noted that the Contractor is willing to bring in trucks to haul the dirt to those properties that requested, rather than putting it in a stockpile and moving it later. The dirt will come from the west side of Hwy 18, as the east side dirt has been spoken for. Questions arose concerning the 36th street on the Dalrymple land and were referred to the engineer.

Mayor McConnell reported that he had been approached by Bud Badger with questions about a new culvert. The area where Badger lives had the City there three times this past spring to prevent water backups in to the homes. McConnell proposed that if Badger purchases a culvert, the City would install it. Sinner made a motion, seconded by Tillisch to install a 18" culvert on the condition that Badger purchases a galvanized steel with the appropriate flared end sections. All voted aye call vote except for Silbernagel who abstained; motion passed.

Mayor McConnell reported that SRF Consulting has completed its quiet zone study. He would like to meet with the Quiet Zone Committee and then with business owners who will be affected. The street would be more difficult to clean, but does appear to be more doable than once thought.

The Council then discussed possibilities of what to do with the City Hall.

Spooner made a motion, seconded by Sinner to have the auditor find out when the bond payments are done for the School and if it was a building committee or operating fund for the project. All voted aye on roll call vote; motion passed.

Discussion moved to 351 9th Avenue North. Silbernagel made a motion, seconded by Sinner to clean up the property under the nuisance ordinance. All voted aye on roll call vote; motion passed.

The Council asked sheriff department to take a look around town and send out letters for junk vehicles. The Council then discussed the current issue of vandalism. Deputy Steve Hahn wants to be proactive on this issue. He would like people not to be afraid of to report suspicious activity, and encourages people to call the Sheriff's Department if they do see something out of the ordinary.

Motion to adjourn.


Brandy L. Pyle
City Auditor

Special Meeting 7:00 PM
CITY OF CASSELTON
Monday, June 3, 2009
City Hall

Present: Mayor McConnell, Councilmen Sinner, Tillisch, Anderson, Spooner, Silbernagel. Also Present: Public Works Supervisor Kevin Mayer, City Auditor Brandy Pyle, CBA President Del Losing, Lynae Sims, Don Larsen, Fargo City Administrator Pat Zafarol, Amanda Gades, and Tom Monilaws.

Mayor McConnell opened the meeting.

Rural Development Leadership Participant Lynae Sims reported the history of the project over the past year and how it has evolved. Fargo City Administrator Pay Zafarol talked about his duties and responsibilities as administrator of Fargo. He felt that the job description had too much of an engineering emphasis. Different opinions from the Council were expressed that were for and against the position. CBA President Del Losing submitted a letter, of support of a person who would work to promote the City, be a grant writer, and an economic development leader.

The Council agreed that this will take further research, and review the Administrator job description.

Motion to Adjourn.

Brandy Pyle
City Auditor