REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, July 6, 2009
Council Chambers
Present: Mayor McConnell, Councilmen Anderson, Silbernagel, Spooner, Sinner, Wangler, and Tillisch.
Also Present: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineers Roger Fenstad and Brandon Oye, Building Inspector Mark Housh, Deputy Steve Hahn, City Auditor Brandy Pyle.
Audience Members Char Gust, Rhonda Phingsten, Gary Sporell, Kerri Schneider, Greg Kempel, Mary Kempe
l, Susan Kempel, Mike Eberhardt, Ken Habiger, Scott Mensing.
Anderson made a motion seconded by Silbernagel to approve the minutes of June 1with the amendment to the motion approving the liquor license at 626 Front Street; 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 Anderson to approve the following bills, refunds and salaries for the month of July. All voted aye upon roll call vote; motion carried.
| ADAPCO INC | $1,090.87 | KEN'S HEATING & | $148.00 | |
| AFLAC | $144.62 | Medica | $2,814.42 | |
| Altel | $127.50 | MOORE ENGINEERING | $2,750.00 | |
| AMERIPRIDE LINEN | $128.87 | ND STATE FIRE & | $5,944.90 | |
| AVESIS VISION | $78.70 | ND STATE DPT OF | $50.00 | |
| BROKERS NATIONAL | $397.90 | ND LEAGUE OF CIT | $70.00 | |
| BURGUM LAW FIRM | $2,300.00 | ND SEWAGE PUMP | $4,287.00 | |
| CASS COUNTY REPO | $1,105.16 | ND STATE TAX DEP | $878.55 | |
| CASS COUNTY TREA | $9,732.33 | New Horizons Ele | $65.00 | |
| CASS COUNTY ELEC | $468.49 | ND DEPT OF Health | $371.73 | |
| CASSELTON LUMBER | $113.94 | ND ONE CALL, INC | $59.80 | |
| CASS RURAL WATER | $29,644.13 | OPP CONST. | $63,933.29 | |
| CATCO PARTS SERV | $137.84 | ORBITCOM | $370.11 | |
| Bob Christiansen | $175.00 | OTTER TAIL | $3,937.25 | |
| CITY OF FARGO | $3,516.70 | CASSELTONPARKS | $5,025.00 | |
| CLASSIC FLORAL | $47.00 | Petro Serve USA | $10,944.08 | |
| CASSELTON COLD S | $210.06 | SRF Consulting | $1,479.02 | |
| Contemporary Bui | $130,972.00 | STURDEVANT'S INC | $14.47 | |
| ECONO SIGNS LLC | $296.64 | Superior Contracting | $2,550.00 | |
| FARGO WATER EQUI | $10.25 | TEAM LABORATORY | $3,940.00 | |
| FARM PLAN | $81.92 | Tool Ware House | $142.86 | |
| FARM PLAN | $212.76 | United Industrial | $243.95 | |
| FARGO FREIGHTLIN | $24.10 | VERIZON WIRELESS | $147.16 | |
| HARDWARE HANK | $138.97 | WANGLER FOODS | $228.00 | |
| HAWKINS CHEMICAL | $2,662.74 | CITY OF WEST FAR | $280.00 | |
| INNOVIS HEALTH | $77.00 | XCEL | $61.20 | |
| JAYHAWK SOFTWARE | $425.00 | BREMER BANK- PAY | $2,654.20 | |
| JOHNSON PEST CON | $110.00 | DDND STATE DISBURS | $213.69 |
Anderson made a motion, seconded by, Silbernagel to approve the July financials. General Fund $238,999.68; Special Revenue $695,546.07; Debt Service $196,989.13; Construction ($792.58); Special Assessment $461,182.45; Enterprise $729,392.98; Trust and Agency $21,948.43; Total $2,343,266.16. All voted aye on roll call vote; motion passed.
Public Works Supervisor Kevin Mayer reported that they have been busy jetting sewers, painting hydrants and recycling. The mosquito counts have been very low, 2-3 a day. The doughnuts and pellets have helped in the mosquito fight.
Sinner made a motion, seconded by Wangler to approve the 2nd reading ordinance 257. All voted aye on roll call vote, except for Tillisch who voted nay; motion passed 5:1.
City Engineer Brandon Oye updated the Council on the progress of the Swan Creek Diversion project. The contractor is excavating on the east side of ND State Hwy 18. There is an orange fence set up to help keep people out of the worksite. The dust seems to be a problem and the contractor will start watering it to keep the dust down. Oye noted that the updates on the webpage and e-mails to the residents have helped with people wanting to know how everything is going. The road on the south side of the clinic is going well too. There were a couple of soft spots, which slowed construction, but now all is moving.
Silbernagel made a motion, seconded by Sinner to approve a permanent easement with the Maple River Water Resource District for drainage. All voted aye on roll call vote; motion passed.
City Engineer Fenstad noted temporary financing would be needed to fund the project through the next couple of months. The Maple River/Rush River Water Resource District has been able to pay the bills up to date, but with the majority of the work has yet to be done, and the lag time to be reimbursed from the state, the temporary financing is needed to complete the project. The temporary construction bonds would cost about $35,000 for legal counsel and bonding fees and possibly have a1.75% interest rate. 1.5 million dollars is needed in temporary bonds. The earliest would be July 27, for the sale of the bond. There were two options presented with regards to the bonds. The first option would be a drawn down, and the second would be to borrow all the money needed and invest the remainder. Tillisch made a motion, seconded by Silbernagel to go ahead with the temporary financing. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to approve final payment to Opp Construction for Improvement District #20 in the amount of $63,933.29 and payment to Moore Engineering in the amount of $2,750.00 for Improvement District #20. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Silbernagel to approve the assessment of $75.00 to ORIGINAL LOTS 11 & 12 LESS THE E 1/2 BLK 11 for snow removal fees. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Silbernagel to approve a temporary street closing for a Street Block Party request on 8th Avenue South between 7th Street south and Morningside Drive on July 16, 2009, and to have the festivities done by dusk. All voted aye on roll call vote; motion passed. City Attorney Brad Burgum recommended that the block party be done by dusk as the barricades do not have flashing lights to warn traffic.
Wangler made a motion, seconded by Sinner to approve a Bingo Permit for the Casselton Lions Club for August 15th.All voted aye on roll call vote; motion passed.
City Building Inspector Mark Housh approached the Council with copies of the proposed Gene Johnson Storage Buildings. The previous storage buildings constructed by Johnson did not have the footing or framing inspections as required by the City building code. Johnson was fined and signed an agreement that indemnified the City from any liability. The agreement was filed with the County Recorder. Housh explained that a soils test would need to be done. A letter from Johnson was submitted to agree to the soils test. The Council agreed that extra inspections, with the charges paid by the owner, would be necessary.
Spooner made a motion, seconded by Wangler to approve an Alcoholic Beverage Producer License for Greg Kempel (Maple River Distillery). All voted aye on roll call vote; motion passed.
Lowell Gunderson approached the Council requesting a new approach onto ND State Hwy 18. The road would line up with the existing Industrial Blvd. Silbernagel made a motion, seconded by Tillisch to approve the new approach onto ND State Hwy 18. All voted aye on roll call vote; motion passed. A letter will be sent to Troy Gilbertson ND DOT regarding the approval of the approach. Gunderson also inquired about the dirt from the diversion. He estimated that he would need 50,000 cubic yards of dirt. The Council informed him that the dirt from the east side of the diversion would be retained for the residential development and the City projects, but the west of Hwy 18 dirt would be available soon.
Councilman Wangler was approached by concerned citizens about kids running between cars on 2nd Street south near the pool. The parking lot improvements are not completed yet. The Council agreed to put up temporary no parking signs on the south side of the road. A letter will be sent to the Park Board to fix the parking lot.
The frost boil near 31 4th Avenue North was discussed next. The Public Works Department has graded it on a weekly basis, and it appears to have finally dried out. City Engineer Kyle Meyer will work with Public Works Supervisor Kevin Mayer to determine what type of improvement is necessary.
Kerri Schneider, business manager from the Sonshine inquired about the land to the east of the pool. They are looking at putting up a 140X60 building, outdoor play area and a parking lot. The current center is at full capacity and needs to expand. The Council agreed that this space should be reserved for a community center. Silbernagel made a motion, seconded by Anderson to not sell the property. All voted aye on roll call vote; motion passed.
A request to not install sidewalks at 212 4th Street South, the new Gust residence, was the next item discussed. The boulevard on this property is a ditch and construction of a sidewalk would be difficult and the area does not have current sidewalks. Building Inspector Mark Housh agreed with the request. Sinner made a motion, seconded by Silbernagel to allow 212 4th Street South not to install a sidewalk at this time, but reserves the right to require one until such time when sidewalks are required. All voted aye on roll call vote; motion passed. The City Forester also agreed not to plant trees in the boulevard.
Senior Engineer Peggy Harder from SRF Consulting appeared before the Council to answer questions the Council had about the Whistle Free memorandum. The memorandum covered recommendations for each crossing, cost estimates, and the next steps in the application process. Possible funds sources that were identified were sales tax, the major project fund, completed bonds, and State grant for quiet zones. Each crossing was discussed as far as alternative safety measures and cost. Concerns of cost on Langer Avenue arose. A 4 quadrant gate was felt to be the safest as this was a state highway. 15th Avenue, also known as the dump road was another cost concern. Traffic counts on 3rd and 6th Avenues are outdated and would have to be redone for the application. Silbernagel made a motion, seconded by Sinner to approve the proposal and move forward with the quiet zone application. All voted aye on roll call vote except for Spooner who voted nay; motion passed; 5:1. The committee will meet later to discuss the alternative safety measures before the application is submitted.
Public Works Supervisor Kevin Mayer reported that he received 2 bids (Northern Improvements, and Border States Paving) for street patching. There were 12-13 sites identified that need to be fixed after the harsh winter and spring this year. After his review, Mayer recommended that the contract be awarded to Northern Improvements s the quote for the overall project was lower. The City received about $56,000 from the State for road repairs. Wangler made a motion, seconded by Spooner to award the street patching project to Northern Improvement for $62,077.25. All voted aye on roll call vote; motion passed.
The Council accepted Municipal Judge George Paulson letter of resignation. Since the City is under 5,000 in population, the municipal judge does not have to have a law degree; however, continuing education is required. City Attorney Brad Burgum state one option would be to hire an attorney from Fargo or West Fargo to come out. Silbernagel made a motion seconded by Wangler to advertise the position in the paper and in the email news letter. All voted aye on roll call vote; motion passed.
The Council decided to wait until August to discuss the Midcontinent franchise ordinance.
Rhonda Phingsten approached the Council on behalf of the Summerfest committee to request street closings, open container ban lift for Thursday, Friday and Saturday. Wangler made a motion, seconded by Tillisch to approve the street closings as long as businesses and traffic is accommodated, and to approve the open container ban lift for August 14, 15, and 16. All voted aye on roll call vote; motion passed.
The City Survey discussion will take place in September.
Discussion of TIF's or Tax Increment Financing districts, was the next topic of discussion. With the change in funding for the school, local property taxes will be going down, which in turn will affect those properties in a TIF district. The Council decided to assess the any shortfall to the TIF properties.
An invitation from Moore Engineering was presented inviting Council to the annual Moore Engineering Golf Tournament on Wednesday, July 22, 2009.
The Council then signed the Community Military Covenant.
Motion to adjourn.
Brandy L. Pyle
City Auditor
Special Meeting 7:00 PM
CITY OF CASSELTON
Monday, July 27, 2009
Council Chambers
Present: Mayor McConnell, Councilmen Tillisch, Anderson, Spooner, Silbernagel, Wangler and Sinner.
Also Present: City Engineer Kyle Meyer and City Auditor Brandy Pyle. Also Present Gary Sporell
Mayor McConnell opened the meeting.
Anderson made a motion a motion, seconded by Sinner to approve the resolution authorizing the sale of temporary construction bonds in the amount of 1.5 million dollars at 1.4% for the Flood Control 2008 project. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Silbernagel to approve the resolution authorizing the Mayor and the Auditor to sign all appropriate bond documents. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to approve Partial Payment #4 in the amount of $552,924.54 to Maple River Water Resource District, and payment of $160,500.08 for construction costs of the Flood Control 2008 Project. All voted aye on roll call vote; motion passed.
Wangler made a motion, seconded by Tillisch to approve a raffle permit for Central Cass School District. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Silbernagel to make the janitor's position a contracted position. All voted aye on roll call vote; motion passed.
The Council discussed the situation with the hot water pipes in the City Hall. There is a break in a hot water pipe somewhere in the building. The Council agreed to contact Steve De Wald, Engineer for the new swimming pool to get an over view of the building and what could be done. Minimum work will be done to restore hot water to the building, until the Council determines what it will do. The Auditor was instructed to make a list of the building's current uses. The Council agreed to get a price estimate for the temporary water line.
Sinner made a motion, seconded by Anderson to approve the Resolution and notice to the special assessment commission regarding the Flood Control Project 2008. All voted aye on roll call vote; motion passed.
Brandy L. Pyle
City Auditor