Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 7, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 7, 2007 at the hour of 7:25 o’clock p.m. following Growth Fund meeting with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken (teleconference), Kreun - 7; absent: none.
The 3rd grade class of Holy Family School and St. Mary's led the council in the pledge of allegiance to the flag, Ms. Laffen, teacher. Mayor Brown congratulated Brady Kenyon for his Art Wise painting, best of show, which will be hung in the Mayor's office
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.
Mayor Brown commented on various events during the past week and upcoming events:
He recognized the passing of Ethel Stone, that she has been one of our community's pillars for decades and she will be missed.
He recognized the Most Reverend Bishop Aquila of Fargo Dioceses and all who made yesterday's flood and fire event possible.
This week is the Annual Spring Cleanup and try to help residents get rid of unwanted items, can find details on City's website wwwgrandforksgov.com or call the Info Center for more information.
He thanked everyone involved with the planning and operation of Springfest last weekend, and thanks to the police department who were very effective and professional.
The official dedication of the Andy Hampsten Bikeway System will be held this coming Sunday, and invited everyone to attend - 14 miles of biking on the trails.
He reminded everyone that there is a work session this coming Wednesday to discuss the issues of land and expansion in the Industrial Park and how we encourage continued growth and development, 4:00 p.m.
Canad Inns is open for business, and congratulations to Leo Ledohowski and all involved for perseverance and success.
He stated he has proclaimed May as the National Military Appreciation Month in honor of all of our military members from the Air Force to our local National Guard, units who are serving our country with dedication and courage. with our admiration and appreciation.
He stated that Shelle Michaels of the local Soldiers Angels group is here tonight and several dignified guests and welcomed General Palmer, Col. Hull, Sgt. Sayers and Specialist Johnson and thanked Emily Custer for a wonderful tribute to our fighting men and women for whom we are all very grateful.
YOUTH COMMISSION REPORT
No report was presented.
ADOPT ORDINANCE NO. 4187, ANNEXATION OF ALL
LANDS TO BE PLATTED AS SHADYRIDE ESTATES
SEVENTH ADDITION
An ordinance entitled "An ordinance to annex all lands to be platted as Shadyridge Estates Seventh Addition to the city of Grand Forks, ND except parts previously annexed and lands with an effective annexation date of January 1, 2014 as detailed on the Shadyridge Estates and unplatted property annexation summary recorded as Document Number 525980 with the Grand Forks County Recorder. Newly annexed lands being described as the north 50 feet of Lot 1, Block 1, Shadyridge Estates Seventh Addition with the effective date of January 1, 2014 and shall run with the adjacent lands described in Document No. 525980", which had been introduced and passed on its first reading on May 7, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING VARIOUS LANDS
EAST OF BELMONT ROAD AT 3800 BLOCK UNDER
VARIOUS ADDITIONS AND RESUBDIVISION NAMES
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate various lands east of Belmont Road at 3800 block under various addition and Resubdivision names, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and introduce the following resolution which was presented and read: Document No. 9038 - Resolution. Council Member Glassheim seconded the motion.
Upon call for the question of adoption of the resolution and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION OF VACATING PARTS OF 49TH
AVENUE SOUTH LYING ADJACENT TO LOTS 9 AND
10, BLOCK 3, ANDERSON'S SUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate that part of 49th Avenue South lying adjacent to Lots 9 and 10, Block 3, Anderson's Subdivision, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Christensen that we find and determine an insufficiency of protest to the proposed vacation, and introduce the following resolution which was presented and read: Document No. 9039 - Resolution. Council Member Kreun seconded the motion.
Upon call for the question of adoption of the resolution and upon voice vote, the motion carried 7 votes affirmative.
DETERMINE SUFFICIENTY OF PROTEST ON PAVING DISTRICT NO. 627, PROJECT NO. 6067
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 629, Project No. 6067, construction of paving and street lighting on Desiree Drive from Adams Drive to the west property line of 301 Desiree Drive, had expired on April 23, 2007, and that he had received protests totaling 70.5% of the area to be assessed and that is sufficient for protest.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Howard Swanson, city attorney, stated with that number of petitions opposing the project, that portion of that project is protestable and portion is non-protestable and would be up to the council's discretion as to whether or not they want to move forward with the non-protestable portion of the project, however, no authority to move forward with the protestable portion of the project. It was noted that it is staff's recommendation not to move ahead. Mr. Swanson stated they would need a motion and second and affirmative vote to reject the bids and decline to move forward with the project.
It was moved by Council Member Gershman and seconded by Council Member Brooks to determine a sufficiency of protest to the paving district and reject the bids. Carried 7 votes affirmative.
APPROVE APPLICATION FOR EXEMPTION OF
REMODELING IMPROVEMENTS
The staff report from the city assessor relating to application for exemption of remodeling improvements to a residential building at 905 Campbell Drive, with recommendation to grant exemption of increased value for 3 years.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE REQUEST FROM CITIZEN ASSISTANCE
PROGRAMS FOR SITE AUTHORIZATIONS FOR GAMING
The staff report from the finance department relating to request from Citizen Assistance Programs for gaming site authorization at Joe Blacks, 118 North 3rd Street and at Johnny's Lounge, 710 South 15th Street, with recommendation to approve the request contingent upon review and approval by the city attorney.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Glassheim and Brooks. Carried 6 votes affirmative.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative; Council Member Gershman recused.
APPROVE REQUEST FROM GILLY'S BAR TO SERVE
ALCOHOL IN CONJUNCTION WITH OUTDOOR SEATING
AT 9 NORTH 3RD STREET.
The staff report from the finance department relating to request from Gilly's Bar & Grill for authorization to serve alcohol in conjunction with outdoor café seating at 9 North 3rd Street, with recommendation to approve the request contingent upon review and approval by the city attorney.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Glassheim and Brooks. Carried 6 votes affirmative.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative; Council Member Gershman recused.
APPROVE CONTRACT FOR SERVICES WITH COMMUNITY
VIOLENCE INTERVENTION SERVICES
The staff report from the Mayor's Office relating to Community Violence Intervention Center (CVIC), with recommendation to approve the contract for services with the Community Violence Intervention Center and authorize the expenditure as allocated in the 2007 budget.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6137, DISTRICT NO. 631
The city engineer's estimate of total cost of the construction of paving and street lighting in Countryview 4th Resubdivision in the amount of $96,622.05, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6137, District No. 631, paving and street light for Countryview 4th Resubdivision, 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 Kreun introduced the following resolution which was presented and read: Document No. 9040 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICAITONS AND ADVERTISEMENT FOR BIDS,
STREET IMPROVEMENT PROJECT NO. 6133, DISTRICT NO. 93
The city engineer's estimate of total cost of the construction of overlay of streets in Sunbeam Addition east of Belmont Road in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6133, District No. 93, overlay Sunbeam Addition east of Belmont Road, 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 Kreun introduced the following resolution which was presented and read: Document No. 9041 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Brooks that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, AND REJECT BIDS
FOR PROJECTS NOS. 6066, 6065 AND 6064, UTILITIES FOR
DESIREE DRIVE
The city auditor presented and read tabulation of bids which had been received and opened on April 16, 2007 for Sewer Project No. 6064, District No. 454; Watermain Project No. 6065, District No. 296, and Sewer Project No. 6066, District No. 455, along with the bid for Paving Project No. 6067, District No. 629, with low bid in the total amount of $590,528.03.
The staff report from the engineering department relating to bids for Project No. 6064, 6065, 6066, 6067, utilities and paving for Desiree Drive, with recommendation to make a finding of sufficiency of protest: Paving Project No. 6067 - non-award of project after receiving majority protest from property owners; Project No. 6066, Storm Sewer, non-award of project; Project No. 6065, Watermain, non-award of project; and Project No. 6064, Sanitary Sewer, non-award of project.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved and to reject bids for the paving and utility projects. Carried 7 votes affirmative.
AWARD CONTRACT FOR PROJECTS NOS. 6077 AND 6078,
SANITARY AND STORM SEWER REPAIRS FOR 2007
The staff report from the engineering department relating to consideration of bids for Project No. 6077, 2007 Sanitary Sewer Repairs, and Project No. 6078, 2007 Storm Sewer Repairs, with recommendation to ward contract to Molstad Excavating in the amounts of $42,325.00 and $50,845.00 for a total bid of $92,170.00.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5986, IMPOUND
LOT IMPROVEMENTS
The staff report from the engineering department relating to consideration of bids for Project No. 5986, Police Department Impound Lot Improvements, with recommendation to award contract to low bidder, Opp Construction, in the amount of $76,792.25.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD BIDS FOR PROJECT NO. 6119, EASEMENT
SEWER CLEANING
The staff report from the engineering department relating to consideration of bids for Project No. 6119, easement sewer cleaning, with recommendation to award contract to low bidder, Westco Environmental Services, Inc. in the amount of $34,026.60, and to return non-conforming bids to bidders unopened.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
SET PUBLIC HEARING DATE OF MAY 21, 2007 ON SUB-
STANDARD BUILDING AT 310 NORTH 7TH STREET
The staff report from building inspections relating to setting a public hearing for the determination of the substandard dwelling and shed at 310 North 7th Street, with recommendation to set a public hearing and find the dwelling and shed to be substandard and required the owner to bring property into compliance by demolishing the structures.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, hearing date of May 21, 2007. Carried 7 votes affirmative.
SET PUBLIC HEARING DATE OF MAY 21, 2007 ON SUB-
STANDARD BUILDING AT 505 CHERRY STREET
The staff report from building inspections relating to setting a public hearing for the determination of the substandard dwelling and garage at 505 Cherry Street, with recommendation to set a public hearing and find the dwelling and shed to be substandard and required the owner to bring property into compliance by demolishing the structures.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved and that the city auditor be directed to send notice of the public hearing to the proper individuals, hearing date of May 21, 2007. Carried 7 votes affirmative.
APPROVE BIDS FOR WATER METER AND REMOTE
READ
The staff report from the superintendent of water utility relating to water meter and remote read bid summary, with recommendation to approve bids of Dakota Supply Group in the amount of $33,758.33 as presented.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
MATTER OF PENDING LITIGATION WITH TURTLE RIVER
TOWNSHIP AND SUSPEND AGENDA TO CONSIDER ITEM
AT END OF AGENDA
Howard Swanson, city attorney, stated he would like to discuss the ruling issued by Judge Medd in the litigation between the City and the Turtle River Township, that he is prepared along with Mr. Ron Fischer, attorney representing the City, to discuss that with council, and would involve the discussion of attorney-client type communication and if the council would like to under NDCC they are authorized to go into executive session to hold those discussions.
It was moved by Council Member Gershman and seconded by Council Member Glassheim to convene in executive session pursuant to North Dakota Century Code 4404-19.2 for purposes of attorney-client consultation. Carried 7 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Brooks to suspend the agenda and move that item to the end of the agenda after Mayor and Council Member Comments. Carried 7 votes affirmative.
CITIZEN REQUEST
John Rolczynski, resident of Ryan House, stated he does not represent the Ryan House or its management or citizens, that parking is a premium in that area and a problem with parking for handicapped at the Ryan House, that there is construction in the area and that the former city parking lot across the street is the site for The Current Building, and that a suggestion was made but no action taken on it to allow more parking for the people who have a handicapped problem, that some people would find it difficult to take parking at the city ramp which a block away, that there is a limit by City Code as to how many disabled parking spaces they can have. He stated that he is not disabled, and would hope the council will give consideration to the 8 handicapped people at the Ryan at this time; and suggested that if the space of 7 stalls on the side of the Ryan House was given special variance or exception to the rule, plus the disabled space in front of the Ryan, it would accommodate all of the disabled, would be a temporary situation. He also noted that there is abuse in the parking area, including loading zones. Fine for violating loading zone is $15.00 and perhaps time to consider changing price of that fine.
Greg Hoover, Urban Development, reported that he is meeting Wednesday morning with the City's traffic engineer to work out details for River Road and diagonal parking downtown, and would expect to have that done within the next 30 days or possibly sooner.
It was noted that it is not only the Ryan House that is having parking problems but is congested during the day for some of the other businesses, and that a larger view be taken and have some temporary type parking during construction phases to relieve that problem and talk to some of the businesses and employees to park on the other side of the dike when that is cleaned up.
It was stated by Mr. Hoover that one of the things from the MPO study was, as they have a finite amount of space for parking, to go to diagonal parking, that discussions have been started with Central High as they want to lease during the school year for the lot on the wet side of the dike, that he has been contacting some of the businesses in the area as another recommendation of the study was to establish an advisory group to talk about those issues, and to have a plan for the future.
Council Member Christensen stated this comes under the finance/development committee and asked to schedule a meeting for Thursday, May 10, at 4:00 p.m. at Room 101A, for the downtown parking and to designate several handicapped parking stalls, that they can make it a condition with the contractors and their employees that they park behind the dike. Mr. Hoover stated they have instructed them and have stepped up enforcement Mr. Christensen stated they can come up with a plan and implement it in the next two weeks. Mr. Hoover stated they would be dealing with the immediacy of handicapped issues.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 07-09, dated May 4, 2007, and totaling $3,999,572.14 and Estimate Summary dated April 30, 2007 in the amount of $336,637.45, 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, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES APRIL 16 AND 23, 2007
Typewritten copies of the minutes of the city council held on Monday, April 16, 2007 and of the special meeting held on Monday, April 23, 2007, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that these minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Brooks stated along with the theme of Military Appreciation that he had the pleasure of giving welcome to the State DAV and DAV Auxiliary convention a week ago and thanked Mayor for allowing him to do that, and a send off to the 132nd; there were about 10 of the patriot guard there and was very nice.
2) Mr. Swanson stated that they have been asked by Canad entities to change the entity for their liquor license, that their application was to go to the Canad Inns Destination Center, L.P.; that the Attorney General has raised some concerns because one of the general partners in that entity has a Canadian residence and to accommodate the concerns of the Attorney General, they have set up a limited liability company called Danac, LLC and for all practical purposes it is essentially the same type of operation, same location and unless concerns on the council, the license would be issued to Danac, LLC in lieu of Canad Inns Destination Center, L.P. administratively. Mayor Brown stated that the council consensus is to move ahead and do that administratively.
MATTER OF LITIGATION WITH TURTLE RIVER
TOWNSHIP AND RECESS INTO EXECUTIVE SESSION
Jason Schaefer, 36 Parkview Circle, Citizen's Coalition, made several comments before the council went into executive session, that he is from Grand Forks and has always opposed this issue, that we are talking about risks to our community, long term liability to our community and taxpayers because have a ground water table out there of about 2 feet and not most stable foundation. He stated that the Turtle River Township site is not the right site, not right plan nor design for a landfill for this community to serve us long term. He stated Judge Medd's decision was strongly in their favor, that Judge Medd went through the City's five arguments detailing why he felt the City's arguments did not muster up, and feels this is going to be a hard case to appeal in ND Supreme Court. He asked Council Member Christensen to recuse himself from making a vote on this, that the City has paid almost $300,000 on attorney fees, not counting the last appeal, and that Mr. Christensen's firm has received much of that. He stated that hopefully we can move forward and find a workable solution, that they will do everything they can to help find a solution, but have to end the Turtle River Township debate.
There were no council comments or questions for Mr. Schaefer.
RECESS INTO EXECUTIVE SESSION
COUNCIL RECONVENES FOLLOIWING EXECUTIVE
SESSION
The city council reconvened after the executive session with all members present.
Mr. Swanson stated it is now approximately 8:52 p.m. and are now back in open session, doors of council chambers have been opened and public members have returned to the chambers, that they have concluded our attorney-client communication or consultation as provided by law and that the council can take any action it deems appropriate as back in normal city council session.
Council Member Gershman moved that the City of Grand Forks not pursue an appeal on this case. Council Member Brooks seconded the motion.
Council Member Brooks stated that before they vote, thanked staff and attorneys involved in the work that they have done.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADJOURN
It was moved by Council Member Brooks and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
______________________________________
Michael R. Brown, Mayor