REGULAR MEETING 7:00 PM
CITY OF CASSELTON
Monday, November 2, 2009
Council Chambers
Present: Mayor McConnell, Councilmen Anderson, Spooner, Sinner and Tillisch, Silbernagel and Wangler
Also Present: City Attorney Brad Burgum, Public Works Supervisor Kevin Mayer, City Engineers Kyle Meyer & Brandon Oye, Cass County Sheriff Deputy Steve Hahn, City Auditor Brandy Pyle.
Audience Members: Diane Sporell, Gary Sporell, Cub Scout Troop 241, Chris Bastian, Rob & Joyce Schmalz, Maple River Water Resource District Chad Engels, Chris Blixt, Audrey Gunderson, Lorne Sterner, Ottertail Representative Jeff Hoye, John Siverson Rich & Elizabeth Hawkins and Amanda Gades.
Anderson made a motion seconded by Sinner to approve the minutes of October 5; City Attorney's Report, Police Report, Municipal Judge's Report, and the delinquent utilities list. All voted aye on roll call; motion carried.
Wangler arrived at this time.
Silbernagel made a motion, seconded by Tillisch to approve the following bills, refunds and salaries for the month of October. All voted aye on roll call vote; motion carried.
| COTE MECHANICAL LLC | $1,600.00 | SWANSTON EQUIP. | $2,322.61 | |
| AMERIPRIDE LINEN & APPAREL | $120.75 | CITY OF FARGO | $2,849.90 | |
| HDQ Landscaping And More Inc | $8,025.00 | CASSELTON PARKS & REC | $5,576.86 | |
| ORBITCOM | $243.68 | KEVIN MAYER | $318.22 | |
| Steve's Heating &AC | $8,530.00 | Denise Roster | $27.68 | |
| Courtney Punton | $7.08 | Richard Anderson | $100.00 | |
| KAUFMAN CONST. | $1,060.00 | CASS RURAL WATER USERS INC | $29,137.78 | |
| SRF Consulting Group Inc | $735.58 | CASSELTON LUMBER INC | $4.95 | |
| HAWKINS CHEMICAL INC | $910.95 | Titan Access | $1,344.00 | |
| JOHNSON PEST CONTROL | $1,048.00 | Grand International Hotel | $247.62 | |
| SWANSTON EQUIP. | $360.03 | Dakota Wholsale Inc | $463.32 | |
| ND LEAGUE OF CITIES | $390.00 | GERDAU AMERISTEEL | $717.55 | |
| SM Inc. | $424.65 | Mac's | $146.46 | |
| ND DEPARTMENT OF COMMERCE | $374.89 | CASS COUNTY TREASURER | $9,732.34 | |
| SAM'S CLUB | $36.61 | HARDWARE HANK | $240.28 | |
| CITY OF WEST FARGO | $140.00 | Wisnewski Tree | $500.00 | |
| Charlene Nelson | $192.86 | FARGO WATER EQUIP. | $1,232.51 | |
| Char Gust | $100.00 | KAUFMAN CONST. | $830.00 | |
| OTTER TAIL POWER | $3,592.73 | Haugen Cleaning Service | $315.00 | |
| XCEL | $62.21 | Petro Serve USA | $1,211.45 | |
| POWERPLAN | $227.06 | USPS | $94.40 | |
| US BEARINGS AND DRIVES | $79.92 | EDWARD MCCONNELL | $272.80 | |
| FARM PLAN | $83.59 | AFLAC | $144.62 | |
| CASS COUNTY ELECTRIC | $384.30 | AVESIS VISION | $78.70 | |
| FARGO FREIGHTLINER | $1,568.73 | BROKERS NATIONAL ASSURANCE | $397.10 | |
| VERIZON WIRELESS | $151.73 | Medica | $2,856.57 |
Sinner made a motion, seconded by Tillisch to approve the financial reports for October. General fund $312-632.62; Special Revenue Fund $163,692.72; Debt Service Fund $147,413.61; Construction Funds $181,638.68; Special Assessments $454,262.79; Enterprise Funds $972,895.68; Trust and Agency Fund $13,769.69; total $2,246,305.79. All voted aye upon roll call vote; motion carried.
An invitation was received from Cass County Electric to a breakfast on November 12, 2009.
The ND Rural Leadership Program sent a thank you note for the City's contribution to the leadership program.
Deputy Hahn reported the activity in the City for the past month. He noted that Halloween was a busy night in town.
Public Works Supervisor Kevin Mayer reported that his department is ready for snow removal season, and he plans to attend a meeting with FEMA on Tuesday to discuss remapping. He noted that he has already seen crews surveying in town. He also reported that meters are continually being updated and will check on the water loss ratio. There were quite a few water breaks this spring. He is still working to get a contractor out here to fix the spot on 6th Avenue South and 2nd Street South. He reported that he had spoken with BNSF workers and it appears that the concrete slabs between the rails on the Langer Avenue crossing are deteriorating. The City will have to address this issue in the spring.
John Siverson, owner of Dusty's Tavern introduced Rob and Joyce Schmaltz as the new owners of Dusty's Bar. The new applicants will submit their liquor license application in December. The Council welcomed them to the Community.
Lorne Sterner from Planning and Zoning Commission reviewed Chris Gibbons' request for a conditional use permit to open a barber shop at 614 Front Street in the Wild Knights building. The Commission recommendation was to approve the conditional use request. Wangler made a motion, seconded by Silbernagel to approve a conditional use permit for Chris Gibbons to open a barber shop at 614 Front Street. All voted aye on roll call vote; motion passed. The Council welcomed him to the Community.
A resident from 131 5th Avenue N, behind the Cass County Reporter building noted that the alley was in poor condition due to the semi-truck parking for the news paper. Mayor McConnell noted that there are many alleys that in poor condition and asked Public Works Supervisor Kevin to take a look at it and try and put pea rock in the holes. McConnell noted that the alleys are difficult to maintain as fewer people have access to farm equipment that would be used to grade the alleys. The City will ask the Reporter to unload the semis on the street when the alley is soft.
Elementary Principal Chris Bastian from Central Cass School approached the Council with a request for a temporary stop sign in front of the school. He reported that there has been many concerns with traffic not stopping for people in the cross walk during drop off and pick up times. The school felt that a crossing guard with a stop sign would help slow down traffic and help children safely cross the street. The program would be run by school staff or parent volunteer, and with the help of the 5 graders as a citizenship opportunity. The school requests that the City recognize the stop sign as a legal sign and fine violators in accordance with City and State law. Silbernagel made a motion, seconded by Sinner to authorize Central Cass School to install a temporary stop sign with a crossing guard on the west cross walk in front of the school on an as needed basis. All voted aye on roll call vote; motion passed.
Maple River Water Resource District Engineer Chad Engels presented an update on the Flood Control 2008 (Swan Creek Diversion) Engels explained the project was projected to cost $4.51 million dollars with financing from the State Water Commission for $2.04 million, ND DOT for $200,000, and a local share of $2.2 million (City of Casselton and the Maple River Water Resource District). The Water Resource District plans to ask the State Water Commission for an additional $72,000 in December as the State Water Commission has a cap on project financing. The total projected short fall will be around $260,000. The Maple River Water Resource District will look at the possibility of making an early annual payment to the City of $100,000 in early 2010 which may be used to help cover the shortfall. The remaining shortfall financing has yet to be determined by the Council.
When the project began, it was decided that Maple River Water Resource District be the administrator of the project, so that the City could apply for grants through the State Water Commission. This application was approved for 50% project funding. Maple River Water Resource District and the City also agreed that the Water Resource District would pay the City $100,000 for 5 years for their portion of the project and the City would pay the remainder as it was the benefiting property in the improvement done to the diversion.
Engels noted that there was a slide on the side of the new diversion. Engels noted that there are two types of slides, one where the channel bottom deteriorates and the sides slide in. This is what was happening to the channel before the improvements were done. The other type of slide is where the sides of the channel are weak, but the problem isn't a design problem or a contractor problem; it's a result of poor quality soil; which was the case in this slide. He is working to determine the best possible solution to fix the slide. The first option would be to dig out the bad soil and install geogrid to help stabilize the slope. The other option would be to increase the side slope from a 6:1 to even flatter like an 8:1 or more, but this is not an option as property owners would not have a backyard and the cost would be very high. He believes the repairs would cost around $5,000. Council members asked if Engels has seen any other slides along the diversion in addition to one across from the Casselton Veterinary Service. He reported that no other slides have been discovered yet other than the slides that have occurred along the lagoons due to large amounts of seepage from the lagoons.
Engels reported that the design of the two tier gabions walls was recommended by the North Dakota Department of Transportation. The contract warranty of the work completed extends one year past the project completion date, and the DOT will take over responsibility of maintaining the bridge improvements on October 1, 2011. The Maple River Water Resource District will be responsible for maintaining the bridge improvements after the contract warranty expires and until the NDDOT takes responsibility of maintenance on October 1, 2011.
Engels reported that the City could be reimbursed for mowing expenses, but will have to work out a maintenance agreement with the Water Resource District.
Engels noted that he foresees future projects upstream in 5 years or so. He then addressed the questions regarding the Absaraka Dam. The repairs will be finished this fall, and seeding will be done next spring to fix the damage that was done during the 2009 flood event. A risk assessment is being done for the property below the dam.
Ottertail representative Jeff Hoye approached the Council to discuss right of way for a possible future 1st Street South on the Ottertail property on the South East side of town. The proposed road would service Ottertail's property and other future businesses or homes. City Engineer Kyle Meyer thought that the City would need an 80 foot right of way, and most of it would actually be on the railroad property. Hoye also noted that he would like to install a few culverts soon. Meyer would work with him to determine the depth needed.
City Engineer Kyle Meyer then handed out the preliminary cost estimates of each site identified on the Safe Routes to School grant application. The grant funds must be used in 2010. He also noted that project concept, plans and specs must be approved by ND DOT before bidding out the project. Meyer felt that the project should be bid in mid winter to receive a good bid on the project. The Council discussed several options of funding the project from raising the mil levy, to sales tax fund, and special assessments.
The Council discussed the Industrial Park detention pond idea that was proposed by landowners. Meyer presented plans and cost estimates for a retention pond that would be 2- 4 1/2 feet deep on a 660 foot by 400 foot detention pond on lot 2 Blk 1 Heartland 2nd Addition. He explained how water would pool in the detention pond and slowly drain through the existing lift station. The estimated cost for this project is $435,000.00. Audrey Gunderson asked if there were a way to install a ditch instead of drain pipe to lower costs. Meyer noted that would be one way to lower the cost of the project.
Meyer was still in the process of getting cost estimates for repairs on the old water tower. He noted that it will not be possible to repaint the outside of the old water tower because of the lead paint.
Discussion moved the Whistle Free Zone. The Whistle Free Zone Committee will be presenting to the Business Association on Thursday to see what the business community thinks of the improvement options for Langer Avenue. The Council would like to see something official from ND DOT regarding the acceptable width of the driving lane. Attorney Brad Burgum will review the City Home Rule Charter to determine if a 1/2% sales tax needs to go to a vote of the people.
The Council reviewed the costs of the Safe Routes to School, water tower, and whistle free zone. Silbernagel made a motion, seconded by Tillisch to table discussion of Safe Routes to School, the water tower and the Whistle Free Zone until all estimated costs are presented at the December meeting. All voted aye on roll call vote; motion passed.
Wangler made a motion, seconded by Sinner to approve a dirt request by Steve Link. All voted aye on roll call vote; motion passed.
Sinner made a motion, seconded by Silbernagel to approve the city hall rental agreement and new fees. All voted aye on roll call vote; motion passed.
Spooner a motion, seconded by Wangler to appoint Bob Waslien and Sue Tillisch to 5 year terms on the Planning and Zoning Commission. All voted aye on roll call vote; motion passed.
Spooner made a motion, seconded by Wangler to appoint Doug Moderow to the Board of Adjustments. All voted aye on roll call vote; motion passed.
Silbernagel made a motion, seconded by Anderson to appoint Lee Anderson to a 5 year term on the Cemetery Board. All voted aye on roll call vote with Anderson abstaining; motion passed.
Sinner made a motion, seconded by Spooner to approve the Welcome to Casselton Sign to be located on the detention pond lot in Martins Addition and at Tinta Tawa Park. All voted aye on roll call vote; motion passed.
City Engineer Kyle Meyer reported that they had a bid opening for the 4th Avenue North Street repair. The lowest bid came in at $17,979.00 which was significantly higher than the engineer's estimate of $11,290.00. It was noted that this is a difficult time of year to bid projects as contractors are busy. Sinner made a motion, seconded by Spooner to reject all bids. This will be put on January agenda. All voted aye on roll call vote; motion passed.
The Council then discussed proposed ordinance 258 would give the Council have the authority to give approval for signs posted in the right of way in residentially zoned area. Sinner made a motion, seconded by Anderson to not approve the proposed amendment. All voted aye on roll call vote; motion passed. Letters will be mailed to the churches reminding them of set backs on signs.
Sinner made a motion, seconded by Anderson to deny Generations Connecting placement approval on the city right of way. All voted aye on roll call vote; motion passed.
The Council then discussed the house at 131 Langer Ave N. Spooner made motion seconded by Tillich to not purchase the property. Tillisch, Spooner, Wangler voted aye; Anderson, Sinner, Silbernagel voted nay. Mayor McConnell voted nay. Motion did not pass 3:4.
Sinner made a motion, seconded by Spooner to approve the police protection coverage contract with the County Sheriff's Department. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Wangler to approve the bingo permit for the Knights of Columbus. All voted aye on roll call vote; motion passed.
Tillisch made a motion, seconded by Sinner to approve a raffle permit for the Casselton Business Association. All voted aye on roll call vote; motion passed.
Spooner made a motion, seconded by Sinner to authorize a letter to be sent to BNSF regarding the unfinished sidewalk repair on Langer Avenue Crossing. All voted aye on roll call vote; motion passed.
Motion to adjourn.
Brandy L. Pyle
City Auditor
Special Meeting
CITY OF CASSELTON
Tuesday, November 10, 2009
5:45 P.M.
Council Chambers
Present: Mayor McConnell, Councilmen Tillisch, Anderson, Spooner, Silbernagel, and Wangler.
Also Present: City Auditor Brandy Pyle.
Mayor McConnell opened the meeting.
Spooner made a motion, seconded by Silbernagel, to approve Rush River's Dirt Request for 1500 cubic yards of clay and Ryan Johnson's request for 300 cubic yards of clay. All voted aye on roll call vote; motion passed.
Discussion moved to the house at 131 Langer Ave N. The property owners would sell the property to the city for the true and full value of $56,400. Tillisch made a motion, seconded by Wangler to not purchase the property at 131 Langer Ave N. Silbernagel, Spooner, Wangler and Tillisch voted aye, Anderson voted nay. Motion passed. 4:1.
Motion to adjourn.
Brandy L. Pyle
City Auditor