Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 7, 2011
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 7, 2011 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman, Christensen, Sande, Kreun (teleconference) - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
The 5th grade class from Ben Franklin School led the council in the pledge of allegiance to the flag; teacher, Ms. Smith.
Mayor Brown commented on various items during the past week and upcoming events:
Last week we said good-bye to wonderful public servant, Dick Grassel served the people of East Grand Forks for decades, he will be missed and our thoughts and prayers are with his family and friends.
This past weekend the Polar Plunge was sponsored by the Law Enforcement Community and they raised over $15,000 for Special Olympics and thank you to them.
FLOOD UPDATE
Al Grasser, city engineer, reported that the Weather Service had a press conference last week in Moorhead and reviewed the updated data, that the previous probabilistic forecast had a settling down trend as we haven't had much precipitation in our area. That last week the Weather Service came out and the up end number is about 58 ft., and they said that some of the previous models that were up in the high side as they had some heavy precipitation events that came in the end of February and first week of March, which we missed, and that changed how they crunch their numbers. Based on those numbers we have taken out the plans for hauling any clay on the levees at this point in time.
Based on the weather they are still predicting that we are still in a wet period, temperatures look like starting to anticipate getting a little bit of break and going more towards normal - and that puts our melt into the latter part of March. The month of March looks wet and continues to look cold - the 3 months, March, April and May, look like more normal precipitation but still trending cool and still following the El Nina pattern.
He targeted an elevation of 52 ft., etc. and that is approx. elevation where we lose the Kennedy Bridge, and in about a 30 to 40% probability of that happening, not too soon for businesses and employers to be thinking about what could happen if that bridge isn't available as that is the last bridge available linking the two communities. The best and most optimistic forecast still puts us at major flood stage which means we are assured that we will lose the Point and the Sorlie Bridges, as lose Sorlie Bridge at about 46-47 ft. The top end went down from previous data but bottom end went up and still predicting major flood. He stated that if you have had moisture seepage in your basement, may want to look at getting the snow away from the foundation of your house as that contributes to seepage.
Council Member Gershman asked if there was any sense of timing when we would be closing the two bridges or any sense or guess of the crest. Mr. Grasser stated that based on what the Weather Service is putting out and on past climatic trends, they would expect to see a crest in the southern end of the Valley late March or early April, crest in mid-part of the Valley which is where we are at would be mid to latter part (between 18th to 30th - guessing) and point north could go all the way up into the first week of May based on the fact that they are expecting it to stay rather cold. They don't have any indication right now that we would be seeing anything in early April.
LEGISLATIVE UPDATE
Pete Haga, mayor's office, stated we are in the cross-over section which means second half of the legislative session and that he had provided a cross-over analysis which illustrates the bills that we have been watching throughout the first session that are still alive today. Out of the 80 bills that we were watching is down to about 16 - 13 which are bills the City supports and 3 are those that the City opposes, that our legislators have been very receptive to the information we have passed; and now will be able to focus more on the bills that remain. A contingent of Grand Forks representatives, approx. two dozen from this community went to Bismarck last week representing private businesses, the Chamber of Commerce, the EDC, University of North Dakota, UND Aerospace and met with Chancellor of Higher Education, Department of Commerce, Bank of North Dakota and Governor Dalrymple, all meetings were productive.
Thanks to President Gershman who led our delegation, and all that attended and that we made some progress and conveyed our message very well. Also thanks to John Bernstrom who did a lot of work with this and Lois Folkers in our office who did much of the coordinating.
Thanks were also given to Mr. Haga who was instrumental in putting this together; and to the Chamber of Commerce for work that they did coordinating people and for hospitality at the social event that they provided, along with Excel Energy.
APPROVE APPLICATION FOR ABATEMENT OF 2009
TAXES AT 511 28TH AVENUE SOUTH
The staff report from the city assessor relating to application for abatement for 2009 taxes by Scott Ross and Barbara Zavala, 511 28th Avenue South, with recommendation to the Board of County Commissioners that the application be approved as submitted.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ESTABLISH PULIC HEARING ON APPLICATION BY METRO
PLAINS, LLC FOR FIVE-YEAR PROPERTY TAX EXEMPTION
FOR PROPOSED CIVIC AUDITORIUM APARTMENT PROJECT
AT 1ST AVENUE NORTH AND NORTH 6TH STREET
The staff report from the city assessor relating to request by Metro Plains, LLC for tax increment financing property tax exemption under the provisions of NDCC Chapter 4-58 for proposed civic auditorium apartment project at 600 1st Avenue North, legally described as Lot 1, Block 2, Renewal Resubdivision #5, with recommendation to establish public hearing date for April 4, 2011.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6631, DISTRICT NO. 471
The staff report from the engineering department relating to creating special assessment district for Project No. 6631, District No. 471, sanitary sewer on South 11th Street (40th to 44th Avenue South), and approval of engineer's report, with recommendation to create special assessment district, approve engineer's report including estimate of cost, an assessment district map and direct engineering department to prepare plans and specifications and advertise for construction bids for sanitary sewer, to approve request to waive upfront monies for the public infrastructure and that we declare intent to sell bonds to finance these improvements.
Council Member Bjerke introduced the following resolution creating the assessment district, which was presented and read: Document No. 9310 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6631, District No. 471: Document No. 9311 - Report.
Council Member Bjerke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9312 - Resolution.
It was moved by Council Member Bjerke and seconded by Council Member Sande that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6631, District No. 471, be accepted and adopted. Upon roll call the following voted "aye"; Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6689, DISTRICT NO. 304
The staff report from the engineering department relating to creating special assessment district for Project No. 6689, District No. 304, watermain on South 11th Street (40th to 44th Avenue South), and approval of engineer's report, with recommendation to create special assessment district, approve engineer's report including estimate of cost, an assessment district map and direct engineering department to prepare plans and specifications and advertise for construction bids for watermain, to approve request to waive upfront monies for the public infrastructure and that we declare intent to sell bonds to finance these improvements.
Council Member Bjerke introduced the following resolution creating the assessment district, which was presented and read: Document No. 9313 - Resolution.
The city auditor presented and read the engineer's report on Watermain Project No. 6689, District No. 304: Document No. 9314 - Report.
Council Member Bjerke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9315 - Resolution.
It was moved by Council Member Bjerke and seconded by Council Member Sande that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 6689, District No. 304, be accepted and adopted. Upon roll call the following voted "aye"; Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6712, DISTRICT NO. 472
The staff report from the engineering department relating to creating special assessment district for Project No. 6712, District No. 472, storm sewer on South 11th Street (40th to 44th Avenue South), and approval of engineer's report, with recommendation to create special assessment district, approve engineer's report including estimate of cost, an assessment district map and direct engineering department to prepare plans and specifications and advertise for construction bids for storm sewer, to approve request to waive upfront monies for the public infrastructure and that we declare intent to sell bonds to finance these improvements.
Council Member Bjerke introduced the following resolution creating the assessment district, which was presented and read: Document No. 9316 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6712, District No. 472: Document No. 9317 - Report.
Council Member Bjerke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9318 - Resolution.
It was moved by Council Member Bjerke and seconded by Council Member Sande that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6712, District No. 472, be accepted and adopted. Upon roll call the following voted "aye"; Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
APPROVE IN-KIND SUPPORT TO ENERGY AND ENVIRON-
MENTAL RESEARCH CENTER PILOT PROJECT ON
CONVERTING WOOD WASTE INTO LIQUID FUELS
The staff report from the public works department relating to in-kind support to an Energy and Environmental Research Center Pilot Project on converting wood waste into liquid fuels, with recommendation to provide a letter of support and in-kind support to the pilot project on converting wood waste into liquid fuels.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE BIDS FOR WATER METERS AND ENCODED
RECEIVER TRANSMITTERS (ERT'S)
The staff report from the director of public works and superintendent of water utility relating to water meter and encoded receiver transmitter (ERT's) bids, with recommendation to approve bids of Fargo Water Equipment and Mueller Systems based on low combined total for meters and ERT's of $35,453.66 and for additional ERT's in an amount not to exceed remaining budget.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BID FOR CATONIC POLYMER FOR WASTEWATER
TREATMENT PLANT
The staff report from the director of public works and wastewater superintendent relating to bids for wastewater treatment plant (WWTP) for catonic polymer bid #2011-4, with recommendation to approve the bid for purchase of the catonic polymer from Polydyne, Inc. in the amount of $46,400.00.
It was moved by Council Member Bjerke and seconded by Council Member Sande that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
DIRECT ALL POLLING PLACES BE USED FOR SPECIAL
ELECTION ON MAY 3, 2011
The staff report from the finance department and Mayor's Office relating to request for direction from city council relating to polling places for the special election on May 3, 2011, with recommendation that the city council determine the number of polling sites which should be established for the special election.
Estimated costs were presented by the finance department if using all 26 precincts in the 7 wards or if using 7 precincts (1 per ward) for ballot box rental and election worker expenses; other expenses for miscellaneous supplies and printing costs would be the same for either one.
Council Member Gershman stated that the more polling places we have is better opportunity for the citizens to express their opinion, either for or against it, and moved that as a motion to use all precincts. Council Member Christensen seconded the motion.
Council Member Bjerke stated he was in agreement and should not reduce number of polling places, need to be consistent but would agree to have discussion in the future to have consolidation and reduce the number of wards/precincts.
Council Member Grandstrand stated that they should discuss, not for this election, that people should be able to vote at any location esp. with electronic machines that are used now; that people have waited in line at a location for hours and then told that they are at the wrong precinct, and if there was anything that could be done for this election and people not turned away no matter which location they are at.
Howard Swanson, city attorney, stated with respect to other elections the city council has no control over where precincts are set, most precincts are going to be determined based upon district boundaries for legislative districts rather than city wards. State law has not changed to the point that would allow you to have the ability to vote at any location.
Relative to a specific election for a municipal issue, the city council determines what precincts will be used or whether or not you wish to vote by wards; but under our Code you have to vote within the designated precinct or ward. For this election it is tied to being able to track elections and for the canvassing board to do the certification. There is a bill before the legislature which has an emergency clause and if that were to pass, the canvassing board as it exists will change - the canvassing board will become an appointed board as opposed to the city council, which has acted in the past as a canvassing board. The canvassing board, whether it is council or appointed board, will have to certify the number of votes per precinct and that all votes cast in that precinct are eligible to vote in that precinct.
Relative to voting at any precinct/ward you perhaps could do that electronically but creates some concerns for poll books because poll books are based upon site of election, and concern with eligibility and places more burden on poll workers to make a determination as to whether or not you are eligible voter. All municipal elections have to comply with state law, only thing different with respect to municipal election is that you do have a choice as to select your polling places.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative..
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 11-4, dated March 2, 2011, totaling $1,288,568.89, and Estimate Summary dated February 28, 2011 in the amount of $684,335.24, were presented and read.
It was moved by Council Member Sande and seconded by Council Member Christensen that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
ADJOURN
It was moved by Council Member Sande and seconded by Council Member Gershman that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Saroj Jerath, City Auditor
Approved: ____________________________________
Michael R. Brown, Mayor