REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, Augest 3, 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 Kyle Meyer Brandon Oye, Cass County Sheriff Deputies Hahn and Arth, City Auditor Brandy Pyle.
Audience Members Maple River Resource District Chairman Rodger Olson, and Water Resource District Engineer Chad Engels, Loren Sterner, Steve Link, John Siverson
Sinner made a motion seconded by Tillisch to approve the minutes of July 6, & 27; 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, removing transaction #43, refunds and salaries for the month of August. All voted aye upon roll call vote; motion carried.
| MAPLE RIVER WATER RESOURCE DISTRICT | $713,424.62 | Medica | $2,814.42 | |
| AFLAC | $144.62 | Melquist Tree Care | $1,280.00 | |
| AMERIPRIDE LINEN & APP | $188.89 | Sarah Michels | $100.00 | |
| AVESIS VISION | $78.70 | ND SEWAGE PUMP | $1,533.50 | |
| BALDWIN COOKE COMPANY | $201.54 | Northwest Asphalt Main | $18,077.50 | |
| THE BANK OF NORTH DAK | $188,130.84 | OHNSTAD TWICHELL, PC | $2,000.00 | |
| BORDER SATES ELECTRIC | $255.18 | ND ONE CALL, INC | $48.10 | |
| BROKERS NATIONAL ASSUR | $397.90 | ORBITCOM | $279.69 | |
| BURGUM LAW FIRM | $1,150.00 | OTTER TAIL POWER | $3,672.50 | |
| CASS COUNTY TREASURER | $9,732.33 | Ottertail Power Company | $264.10 | |
| CASSELTON DRUG | $1.99 | CASSELTON PARKS & REC | $6,900.39 | |
| CASS COUNTY ELECTRIC | $389.65 | POWERPLAN | $524.40 | |
| CASSELTON LUMBER INC | $1,322.98 | RAILROAD MANAGEMENT CO | $90.75 | |
| CASS RURAL WATER USERS | $32,135.72 | SAM'S CLUB | $204.50 | |
| CITY OF FARGO | $2,754.70 | SENSUS METERING SYSTEM | $1,320.00 | |
| Contemporary Builders | $10,197.00 | Sm Inc. | $361.00 | |
| COTE MECHANICAL LLC | $1,116.27 | STARION BOND SERVICES | $750.00 | |
| EDWARD MCCONNELL | $192.50 | STURDEVANT'S INC | $191.75 | |
| FARGO WATER EQUIP. | $467.11 | CASS COUNTY SUMMERFEST | $9,897.00 | |
| FARM PLAN | $163.99 | Titan Access | $6.34 | |
| FARM PLAN | $288.51 | Tom Sinner Jr | $33.00 | |
| FARGO FREIGHTLINER | $1,680.15 | VERIZON WIRELESS | $146.89 | |
| SHEYENNE GARDENS | $168.00 | XCEL | $61.81 | |
| Gladen Construction In | $20,088.00 | BREMER BANK- PAYROLL T | $2,689.88 | |
| Johnson Fargo Culvert | $597.64 | HARDWARE HANK | $1,017.38 | |
| KEN'S HEATING & AC | $90.00 | CLASSIC FLORAL | $79.99 | |
| CASSELTON PUBLIC LIBRA | $10,000.00 | The Foss Shop | $2,810.02 | |
| LIGHTOWLER JOHNSON ASS | $1,075.00 | 8D-1ND STATE DISBURSEMENT | $213.69 | |
| MAPLE RIVER WATER RESOURCE DISTRICT | $372,226.82 |
Silbernagel made a motion, seconded by, Tillisch to approve the July financials. General Fund $267,990.30; Special Revenue $605,990.97; Debt Service $196,989.13; Construction $602815.40; Special Assessment $495,101.24; Enterprise $793,558.67; Trust and Agency $22,318.23; Total $2,984,763.94. All voted aye on roll call vote; motion passed.
A thank you note was received from the Community of Care, thanking the Council for its Sales Tax Grant.
National Night to Unite luncheon is scheduled tomorrow in Elmwood Park and Ice-cream social from 5:30 to 7:30 in the Governor's Park.
Sheriff Deputy Hahn reported that officers have been able to respond to calls and find the perpetrators within 10 minutes. There have been small issues like paint balls on cars in town. He continued to encourage the public to call in suspicious activity. Hahn introduced Deputy Jeff Arth who will be assigned to Casselton in September.
Mayor McConnell noted that he had been thinking about the ally maintenance policy. The current policy is that the adjoining property owners are responsible for the maintenance of the alleys. He said that a lot of the damage is probably caused by the garbage truck. The Council discussed different ideas of tractors and blades that could be used to maintain the alleys for residents. Public Works Supervisor Kevin Mayer will look into a few options and the Council will discuss the idea further at the next Council meeting.
Tillich made a motion, seconded by Anderson to table discussion of the Midcontinent Franchise Ordinance until the December. All voted aye on roll call vote; motion passed.
The City survey was discussed. The Auditor was asked to prepare one for the Council review.
The smell from Tharaldson Ethanol was discussed next. Mayor McConnell reported that they are still having troubles with the dryers but should have it resolved in 60-90 days.
The Council reviewed the hall rental agreement with Wells Fargo Bank from 1999. The Council discussed priorities of the hall use government entities vs. private businesses. They agreed if the auditorium was not used for a government or community wide need, then Wells Fargo Bank could use the room. Sinner made a motion, seconded by Tillisch to instruct the City Attorney to draft a letter to Wells Fargo Bank answering their Auditorium request. All voted aye on roll call vote; motion passed.
City Engineer Brandon Oye presented Partial Payment #5 and bills totaling $372,226.82 for work completed on the Flood 2008 project.
Oye and Water Resource District Engineer Chad Engels explained how the project was coming along. Land right of way purchases, landscaping costs and legal fees, and a lagoon issues with regards to the Swan Creek Diversion Project (also known as Flood Control Project 2008) were the topic of concern. The land right of way purchases, landscaping costs and legal fees have been a lot more than what was expected. Engels is in contact with the last two property owners for the final land right of way purchase.
The Council noted that they saw this project as a positive flood protection project for homeowners as these improvements will lower the water profile of the diversion and offer better flood protection for the City. The erosion on the existing corner is very bad. If improvements were not made, homeowners abutting the diversion would have had property sliding into the diversion. The Engineers explained the other erosion preventative enhancements that are being installed into the diversion.
Other project cost overages such to spoil the dirt, are as a result of the dirt not compacting as it was expected.
The Council decided to monitor the seepage of Lagoon Cell #2. The Contractor has moved the west side of Hwy 18 to work on the diversion. They are also finishing up the retention wall by the Vet Clinic.
Engels then presented a financial update and is projecting a 7% overage, or $400,000. He again explained that this was due to the purchase or right of way, extra work on excavation as the contractor uncovered an old round house that will need to be removed. The Council agreed that if there were money available, they would put in a low water crossing at the Golf Course, but with the overages projected, this project would probably not happen. The Council agreed they would have to sit down to determine how they would finance the shortfall. Engels also noted that there is about $200,000 left at the State Water Commission. The Council agreed that the Water Resource District Water Board should try to get on the State Water Commission's fall agenda and try to get the money for the project. Silbernagel made a motion, seconded by Anderson to approve payment of $372,226.82 to the Maple River/Rush River Water Resource District. All voted aye on roll call vote; motion passed.
City Attorney Brad Burgum explained the history of ordinance 132, prohibiting the sale of dirt within the City. The definition included the City as an entity that could not sale dirt. With the construction on the diversion, the City has more than enough dirt, and would like to sell it. Sinner made a motion, seconded by Silbernagel to approve the first reading of ordinance 258,(amending ordinance 132) to allow the sale of dirt by the City. All voted aye on roll call vote; motion passed.
The Council felt that the dirt should stay within the City limits and sell clay and the top soil at market prices. City Engineer Kyle Meyer will report back to the Council by the Preliminary budget meeting on August 17, 2009. Other items were discussed where how to account for the loads, honor system? Loose truck load. Sinner made a motion, seconded by Tillisch to table the discussion of the sale of dirt until the preliminary budget meeting. All voted aye on roll count; motion passed.
Spooner made a motion, seconded by Sinner to allow liquor establishments in the City of Casselton to close at 2 a.m. on August 16, 2009. All voted aye on roll call vote; motion passed.
Mayor McConnell opened the bids for the Furnace/AC unit in the Library. The bids came in:
Laney's $9,341.00
Cass County $9,135.00
Steve's Heating & AC $8530.00
Silbernagel made a motion, seconded by Tillisch to accept the lowest bid. All voted aye on roll call vote; motion passed. Mayor McConnell will review the bids to compare the size of the units.
The discussion moved to the sale of the Habiger property. The city owns a 50 foot lot next to the 50 foot lot the owned by the Habiger estate. The City was approached by Deb Olson, the personal representative for the Habiger Estate to have a joint public bids sales with sealed bids the lots together as one 100 foot lot. The City and the Estate would reserve the right to refuse any or all bids. The city and estate would split the proceeds and expenses equally. The house and foundation would be removed before the sale. Silbernagel made a motion, seconded by Tillisch to enter into agreement to sale the City lot and the Habiger lot together in a public sale. All voted aye on roll call vote; motion passed.
The North Dakota League of Cities Annual Convention in September in Minot was introduced. Mayor McConnell encouraged the Council to attend.
Preliminary budget meeting August 17, 2009 7 p.m.
Discussion moved to the water tower. Council questioned why water pressure was lost the week before for 20 minutes. Public Works Supervisor Kevin Mayer explained that there was a computer glitch in the newest update, but the issue was resolved quickly.
There is a telemetry system in place for the public works department to monitor water levels in both towers and reservoir. A huge demand on the water system and the glitch caused the warnings to alert the on call person.
Motion to adjourn.
Brandy L. Pyle
City Auditor
Preliminary Budget Meeting 7:00 P.M.
CITY OF CASSELTON
Monday, July 27, 2009
Council Chambers
Present: Mayor McConnell, Councilmen Tillisch, Anderson, Spooner, Silbernagel, Wangler and Sinner.
Also Present: City Engineers Kyle Meyer, Brandon Oye, Public Works Supervisor Kevin Mayer and City Auditor Brandy Pyle. Also Present Gary Sporell; Wendy and Scott Mensing.
Mayor McConnell opened the meeting.
Sinner made a motion, seconded by Wangler to approve a liquor license transfer to SWM Inc (Red Baron Lounge & Pizza Pub) with a prorated license fee and a prorated fee refund to the previous owner. All voted aye on roll call vote; motion passed.
Anderson made a motion, seconded by Sinner to approve the second reading of ordinance 258 amending the sale of dirt within the City limits. All voted aye on roll call vote; motion passed.
Discussion continued on the City hall repairs. Councilman Wangler presented information about a tankless water heater. This heater could be attached to a cold water line and would work well in a low hot water usage area like a bathroom. The Council still plans to install a hose to the auditorium side of the building to re-establish hot water in the kitchen and both bathrooms. The Auditor was instructed to contact Lightowler Johnson to see if they had ideas for the building.
The Council discussed Swan Creek Dirt Prices. After considerable discussion, Silbernagel made a motion, seconded by Sinner to sell the excess dirt at $4.00 per cubic yard for topsoil, and $1.00 per cubic yard for clay. Wangler, Sinner, Anderson, and Silbernagel voted aye and Tillisch and Spooner voted nay. Motion passed 4:2.
The dirt requesters will be responsible for hauling their own dirt. Tracking the amount of dirt taken will be on the honor system. Dirt that is staying within the City limits will be required to have a drainage plan so a property owner is not forcing water onto another property. Engineer Kyle Meyer will determine the final elevation for the portion of the stock pile the City is keeping.
The Council discussed the whistle free zone next. The committee recommended the alternatives to install medians on the 3rd and 6th Avenue crossings, a pedestrian maze on 8th Avenue, and a four quadrant gate and pedestrian maze on the Langer Avenue crossing. The four quadrant gate was recommended because of the high volume of traffic, the road is a State Highway, and pedestrian crossing. The committee didn't have a recommendation for the 15th Avenue crossing. After reviewing the engineer cost estimates for extending 1st street south to 15th Avenue, it was recommended that the improvements to 15th Avenue would cost less than extending 1st Street south. Councilman Silbernagel presented information regarding a steel culvert that could reduce the price of the proposed street.
Discussion continued with concerns about less expensive alternatives for the Langer Avenue crossing. One of the alternatives would include a median, instead of the four quadrant gate system. The committee thought that snow removal, tractors and other implements, and State permitted vehicles hauling wide loads could not cross the intersection as the medians would narrow the lanes. Signs would be installed on the medians. Other concerns were snow removal.
Funding was also a concern. The City has received a Safe Routes to School grant, and plans to apply for an additional $225,000 from the State. After considerable discussion, Tillisch made a motion, seconded by Sinner to table discussion of the whistle free zone until the regular September meeting to allow more time to review the whistle free zone study; which was presented to the Council at the June meeting. All voted aye on roll call vote; motion passed.
City Engineer Brandon Oye reported on the Maple River/Rush River Water Resource District meeting he attended earlier that day. After a 2 hour meeting, Mayor McConnell noted that negotiations were almost at an impasse and the Water Resource District would have to start the condemnation process, which would have cost the City more then the price that was offered. It was negotiated to pay $32,500.00 each to the two remaining residential properties. The property owners had requested $50,000 apiece.
The Council discussed the 2010 budget next. Mayor McConnell would like to find $100,000 for road repairs. The Council has budgeted about $20,000 to $25,000 in the past as a budget line for crack sealing. He inquired about the condition of the City hall and the plans for the building. The Auditor was instructed to get estimates for asbestos removal. The Auditor presented the amount that is expected to be levied on property taxes. The Council did not increase the mil levy. Silbernagel made a motion, seconded by Sinner to approve the preliminary 2010 budget with increase of $20,000 on the City hall repairs, and to reduce the salary budget line 5%. All voted aye on roll call vote; motion passed.
Brandy L. Pyle
City Auditor