Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 1, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 1, 2007 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Kreun - 5; absent: Council Member Bakken - 1.
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 city council led the audience in the pledge of allegiance to the flag.
Mayor Brown commented on various items during the past week and upcoming events:
. He recognized this year's National Marconi Award winner for small market personality of the year by the National Association of Broadcasters, Council Member Mike McNamara. Congratulations, Mac, its a very high honor award, and thanks for reminding us of positive impact national and otherwise that each one of us has the ability to make, and a copy will be forwarded to your family.
COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT
He announced that Officer Derek Zimmel has received the North Dakota American Legion Officer of the Year Award this past week. Also the police department's Sgts. Jeff Burgess, Officers LaVonne Nelson, Katie Hecht, and Brian Robbins were honored by the Optimist Club for their community education efforts. Congratulations to all the officers of the police department on their hard work which was demonstrated by the quick and professional response at the Stadter Center last week.
Congratulations to University of North Dakota for another successful homecoming and specifically to the UND football team for a great win.
Wednesday is International Walk to School Day, an event to draw attention for the need for safe routes for kids to get to and from school, and that recently we have been awarded some grants approved by the city council to continue to develop safe routes to school.
Leaf pickup is scheduled to begin next week, the second week of October, and Public Works Department and Public Information Center will keep everyone posted on the progress and any changes.
October is National Domestic Violence Awareness Month, there will be several events for the public that will highlight the problem of national domestic violation, and annual display of the ND Clothesline Project October 8 - 12 in the Memorial Union ballroom, and Take Back the Night Rally, in the Memorial ballroom on Thursday, October 11 and Domestic Violence Awareness flag displayed throughout the month on the police department lawn.
ADOPT ORDINANCE NO. 4205, AMENDING SECTIONS
OF THE CITY CODE RELATING TO DISPOSAL AND
DUMPING FEES
An ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to sanitation, water, and wastewater user charges, rates and fees", which had been introduced and passed on its first reading on September 17, 2007, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Howard Swanson, city attorney, reported that in last week's packet there was a revised ordinance drafted by his office, that there are no substantive changes as changing any of the amounts or fees but some language changes and asked that they move approval by adopting the revised version from the city attorney's office.
It was moved by Council Member Gershman and seconded by Council Member Brooks that the ordinance be amended to include revisions by the city attorney's office, i.e., in an ordinance amending Sections 13-0408, 13-502 and 13-0502.1 of the Grand Forks City Code relating to disposal and dumping fees . Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE REQUEST FROM PLAINS ART MUSEUM FOR SITE
AUTHORIZATION FOR GAMING AT CANAD INNS
The staff report from the finance department relating to request from Plains Art Museum, 704 1st Avenue North, Fargo, ND, 58102 for gaming site authorization at Canad Inns, 1000 South Columbia Road, Grand Forks, with recommendation to approve request contingent upon approval by the city council.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE MEMORANDUM OF UNDERSTANDING
BETWEEN DONALD BARCOME, MD AND CITY OF
GRAND FORKS
The staff report from the engineering department relating to matter of Memorandum of Understanding with property owner at 2424 Olson Drive and disposal of excess property adjacent to 2424 Olson Drive, with recommendation to 1) approve Memorandum of Understanding between Donald Barcome, MD and City of Grand Forks; 2) declare excess property located between 2424 Olson Drive and the floodwall as surplus property; and 3) authorize City staff to sell surplus property at public sale, according to their established policies and procedures and reserve the right to reject any and all bids.
Council Member Gershman asked if our city attorney's office has had a chance to review this Memorandum in detail, this actually creates a transfer of property to the property owner where at some future date it could be replatted and sold off for a market value, that this doesn't seem to be the intent of this person but if they were to sell the property, would that Memorandum of Understanding run with the property, and also that the Myra Museum may want to weigh in on that. Member Gershman moved that he would refer the Memorandum of Understanding to the city attorney's office for review. Council Member Brooks seconded the motion.
Mr. Swanson responded to several questions - that the way the Memorandum of Understanding is drafted, it is not dependent upon approval by the Myra Museum, and that the transfer would occur whether the Myra Museum approved it or not; and didn't believe there is any restriction in the proposed agreement from any future replatting or sale of property. He stated that if the vacation were to occur, the existing street would essentially be split in the middle with joint property owners on either side taking one-half to the mid-point to that street, that means that the City's current ownership on the east or river side of that street would eventually be conveyed to the property owner and that property owner would have full rights to what is currently platted as their property and what is currently platted as the City's property; that the space that is currently platted as owned by the City is probably not sufficient in size to accommodate a home because of the various setback requirements, but hasn't met with the Inspections Dept. to see if the additional right of way would give them any further building rights. .
Mr. Grasser stated City-owned property would be put up for public auction, that they are retaining a 30 ft. strip along side the flood protection project to make sure they have adequate access to that portion of the flood project.
There was some discussion as to whether the remnant parcel was buildable, and it was stated by Mr. Grasser that the parcel as it exists today doesn't meet the definition of a buildable lot, however, there was also discussion about the property owner combining remnant property with property if the street were vacated and possibility of making a second lot and perhaps selling the property and making a profit off land acquired from the City.
Mr. Swanson stated what he sees is different here from previous conveyances is that you are actually entering into an agreement with somebody before they have bought the land, not aware of any circumstance where we have entered into an agreement that sets out our plan of what we will approve or not approve when we haven't even held the property for sale, and that was a concern that his office has had. The other component you need to realize is , does it have an impact upon a third property owner, the Myra Museum. The way this road is set up because it deadends before it reaches the Myra Museum's property, they technically don't have to sign the petition for vacation of right of way, but they have the right to protest, and those are policy issues that you need to decide, and doesn't think it is for the city attorney's office to approve or disapprove this agreement, they can point out issues one way or the other but that is really a policy decision for the council.
After further discussion Council Member Kreun stated his suggestion was to strongly recommend approval of the Memorandum of Understanding because the City would have significant costs coming up, cleaning that street every winter even though it goes nowhere and have to maintain the area around it as well, and that the property owner's intent was to build a driveway through part of this and utilize that piece of property. He agrees that the property owner shouldn't be able to combine the vacated portion with the remnant piece to make a full lot, that is not the intent, and suggested putting that in the Memorandum of Understanding and would be beneficial to the City to put that property on the tax rolls, they pay special assessments, property taxes.
Mr. Grasser asked when they prepare the parcel if they could include a covenant that the parcel cannot ever have a single family detached dwelling on that particular parcel and that would preclude the ability to do that. Mr. Swanson stated they could, and assuming that the property owner is the successful purchaser at auction, then in the course of a replat, include a covenant on the replat by dimension easterly x number of feet shall not be buildable, and that is not an uncommon approach.
Council Member Christensen moved an amendment to approve the entering into a Memorandum of Understanding with the property owner, authorize the Mayor to sign an agreement that provides for the general terms as outlined in the staff report, but further include a requirement that the property, assuming he is the successful purchaser at public auction, be required to be replatted into a single lot with covenants against construction on the easterly remnant. Council Members Gershman and Brooks accepted that as a friendly amendment to the motion.
Upon call for the motion, as amended, and upon voice vote, the motion carried 6 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 6151
AND WATERMAIN PROJECT NO. 6180
The city auditor presented and read tabulation of bids which had been received and opened this date for Sewer Project No. 6151, District No. 457, and for Watermain Project No. 6180, District No. 297, sanitary sewer on 1400 and 1500 blocks of North 42nd Street and 4200-4400 blocks of 16th Avenue North, and 1500 block of 16th Avenue North Circle, and watermain on 1500 block of 16th Avenue North Circle, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amounts of $284,969.00 and $32,226.00, respectively for a total bid of $317,195.00: Document No. 9103 - Bids.
The city engineer's estimate of total cost for Project No. 6151, Sewer District No. 457, and for Project No. 6180, Watermain District No. 297, in the amounts of $ and $ , were presented and read.
The staff report from the engineering department relating to bids for Project No. 6151, Sewer District No. 457, sanitary sewer on1400 and 1500 blocks of North 42nd Street and 4200-4400 blocks of 16th Avenue North, and 1500 block of 16th Avenue North Circle, and Project No. 6180, Watermain District No. 297, watermain on 1500 block of 16th Avenue North Circle, with recommendation to award contract to low bidder, Molstad Excavating, in the amount of $317,195.00.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved and the resolution awarding the contract to Molstad Excavating, Inc. was presented and read: Document No. 9104 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 6192, DISTRICT No. 298
The city engineer's estimate of total cost of the construction of watermain on 2500-2600 blocks of North 43rd Street and 4200 block of 26th Avenue North in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6192, District No. 298, watermain on 2500-2600 blocks of North 43rd Street and 4200 block of 26th Avenue North, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 9105 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
AWARD PROJECT FOR IN-CAR VIDEO SYSTEM FOR
POLICE DEPARTMENT
The staff report from the police department relating to proposal award, public safety in-car video system, with recommendation to award project to International Police Technology for the VisionHawk digital video system with a total project not to exceed value as specified in the 2007 budget (bid price of $164,703.45).
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE COLLATERAL FOR NEW JOBS TRAINING
GRANT LOAN FOR CIRRUS DESIGN
The staff report from the urban development director relating to collateral for New Jobs Training Grant Loan for Cirrus Design, with recommendation subject to review of documents by the city attorney, authorize pledging the building at 1400 South 48th Street for five years as collateral for $1 million New Jobs Training Grant Loan from Bremer Bank to Cirrus Design.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE CENTRAL PARKING RAMP PAINTING
The staff report from the urban development director relating to Central Parking Ramp painting, with recommendation to 1) award the bid in the amount of $119,000 to Jarl Pederson and Sons, Inc. of Grand Forks to paint the structural steel, concrete, ceilings, and stairwell towers in the Central Parking Ramp; 2) approve budget amendment request.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE 2008 SPECIAL EVENTS PROGRAM
The staff report from the urban development director relating to 2008 Special Events Program, with recommendation to authorize staff to proceed with the 2008 Special Events Program according to the proposed schedule.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN B-3 (GENERAL BUSINESS DISTRICT
PARTS OF BLOCK 1, COX'S ADDITION
The staff report from the Planning and Zoning Commission relating to request from Michael Coleman for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the B-2 (Shopping Center) District and to include within the B-3 (General Business) District, the front 100 feet of Lot 9 and the front 100 feet of Lot 10, Block 1, less 17 square fee for street right of way, Cox's Addition to the city of Grand Forks, North Dakota (located at 1835 South Washington Street), and give preliminary approval to the ordinance and set a public hearing for October 15, 2007.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-2 (Shopping Center) District and to include within the B-3 (General Business) District the front 100 feet of Lot 9 and the front 100 feet of Lot 10, Block 1, less 17 square feet for street right of way, Cox's Addition to the city of Grand Forks, North Dakota.
APPROVE APPOINTMENT TO REGIONAL AIRPORT
AUTHORITY BOARD
The staff report from Mayor Brown relating to appointment to the Grand Forks Regional Airport Authority Board, with recommendation to approve appointment of Steve Kuhlman as a representative of city of Grand Forks on the Airport Authority Board for a five-year term.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 07-19, dated September 28, 2007, totaling $1,113,677.29 and Estimate Summary dated September 30, 2007 totaling $2,201,523.75, were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Kreun that these bills 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 Brooks, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES SEPTEMBER 4, 2007
Typewritten copies of the minutes of the city council held on Tuesday, September 4, 2007 were presented and read. It was moved by Council Member Brooks and seconded by Council Member McNamara that these minutes be approved as read. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
There were no comments by the council members.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor