Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 5, 2009
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 5, 2009 at the hour of 5:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; absent: none.
Junior Troop 30693, Wild Roses, led the council in the pledge of allegiance to the flag, Deanne Stevens, leader.
Council Member McNamara reported present.
President Gershman announced that this is Fire Prevention Week, October 4-10, 2009, and read the proclamation. Capt. Kelli Flermoen reported on things that the Fire Department is doing this year for fire prevention week, that they visit with school children, pre-school and kindergarten, re. fire safety; fire marshals visit first, second and third graders and bring along physical fire safety messages; posters distributed to businesses in town and schools and placed in city buses and in transit stations. Children are given a home fire escape plan that they can go home and do with their family and also some pizza parties at school. President Gershman thanked the fire department for the work they do.
This weekend was Homecoming, congratulations to everybody at UND from football team to alumni center for wonderful Homecoming weekend, football game was terrific; and hope they do as well this week for Potato Bowl.
There is a party in the Near North Neighborhood starting tomorrow at 6:00 p.m. in mid-town park near the former Washington School and Smiley playground where they are dedicating new playground with free pop, pizza and door prizes for kids - everyone is invited - party organized by the Near North Neighbors and Office of Urban Development and part of Knight Foundation grant.
The Knight Foundation Gallop Poll survey reflects well on Grand Forks government but more on our assets in the community, we rank #2 out of 26 cities that Knight Foundation represents - assets include greenway, vibrant arts community and downtown. Congratulations to everybody and also that October is National Arts and Humanities Month.
ADOPT RESOLUTION VACATING PART OF UTILITY
EASEMENT IN BLOCK 1, McENROE FIRST ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate part of the 10-foot wide utility easement along the east line of Lot 5, Block 1, McEnroe First Addition, more specifically described as the south 189.62 feet of the north 199.62 feet of the easterly 10 feet of said Lot 5, 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.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest to the proposed vacation, and introduce and adopt the following
resolution, which was presented and read: Document No. 9240 - Resolution. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOT 1, BLOCK 1, SERVICE 5TH SUBDIVISION AND
LOT 1, BLOCK 1, McCONNELL SUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 20-foot wide utility easement, being the east 10 feet of Lot 1, Block 1, Service 5th Subdivision except the south 10 feet and the west 10 feet of Lot 1, Block 1, McConnell Subdivision except the south 10 feet, 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.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that we find and determine an insufficiency of protest to the proposed vacation, and introduce and adopt the following resolution, which was presented and read: Document No. 9241- Resolution. Carried 7 votes affirmative.
APPROVE ABATEMENT OF 2007 AND 2008 TAXES
ON PROPERTY AT 5859 FOUNTAIN VISTA DRIVE
The staff report from the city assessor relating to application for abatement for 2007 and 2008 taxes by Donald and Kathryn Schiele, 5859 Fountain Vista Drive, with recommendation to Board of County Commissioners that the applications be approved as submitted.
It was moved by Council Member McNamara and seconded by Council Member Glassheim that the 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.
APPROVE REFUNDING PORTION OF SPECIAL ASSESS-
MENTS TO CEMETERIES FOR FLOOD PROTECTION
PROJECT AND FOR REHAB OF PUMP STATIONS
The staff report from the finance department relating to matter of consideration of special assessments on cemeteries based upon North Dakota's 2009 Legislative action through Senate Bill #2441, with recommendation based on the recent adoption of Amendment #2441 to North Dakota Century Code Section 40-23-07 which exempts cemeteries from all special assessments, recommends canceling any uncertified special assessments for the Flood Protection Project No. 4704 and of Pump Station #182 and #188 Project No. 6174, cancel unpaid certified special assessments for the same projects which is owned to Grand Forks County and to refund all the cemeteries for prior payments made for special assessments for the Flood Protection Project 4704.1 and 4704.2.
Council Member Kreun stated in consideration of the law that was passed at the last legislative session and the discussion on this issue last week, moved approval of the recommendation and that based on information provided to them by finance department to refund the special assessments for the Flood Protection Project for years 2005 through 2008 to the Congregation of Children of Israel and Rose Hill Cemetery, $2,877.70; Diocese of Fargo, $4,463.07; St. Michael's Church, $9,007.42; and Grand Forks County Potter Field of $1,005.84; and to cancel current special assessments, future actions will be handled administratively. Council Member Bakken seconded the motion.
Council Member McNamara stated it was bad legislation and questioned why it wasn't fixed after the Bismarck vs. St. Mary's case; that if you did examine what the historians of ND Legislature forwarded to us in their minutes was that they were amending the corporation's act and was an omission - that he didn't think they should have been included in the first place, however, would concede that it was unsettled law, and if the legislature has gone back and said they won't be included going forward, but if going back to 2005 why not give them all their money back. Council Member Glassheim stated his understanding is that years ago the legislature took them out of the exemption, and in this past legislature there was an attempt to make it retroactive but that was not passed - that the legislature's action was going forward but made no finding about the retroactivity of what was already paid and refused to accept an amendment that would compel us to give it back.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, 2 votes against the motion by Council Members Bjerke and McNamara.
APPROVE BUDGET AMENDMENT FOR BASE RETENTION
The staff report from the Mayor's Office relating to budget amendment for projected costs of base retention, with recommendation to approve budget amendment in the amount of $110,000.00 to cover the accumulated and projected costs associated with the GFAFB realignment and retention expenditures for 2009.
It was moved by Council Member McNamara and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE AGREEMENT FOR CONSTRUCTION
ENGINEERING SERVICES FOR PROJECT NO. 6420, SIGN
REPLACEMENT AT CONTROLLED INTERSECTIONS
The staff report from the engineering department relating to construction engineering services agreement for Project No. 6420.1/Federal Project STM-SU-986(088)982, Sign Replacement at Controlled Intersections, with recommendation to approve agreement with Advanced Engineering and Environmental Services, Inc. for construction administration engineering services in the amount of $42,990.80.
It was moved by Council Member McNamara and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE 2010 SPECIAL EVENTS PROGRAM SCHEDULE
The staff report from urban development relating to 2010 Special Events Program, with recommendation to authorize staff to proceed with the 2010 Special Events Program.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative, Council Member Bjerke voting against the motion.
APPROVE REDEVELOPMENT OF CITY-OWNED LOT
AT 1515 CHESTNUT STREET
The staff report from urban development relating to redevelopment of City-owned lot at 1515 Chestnut Street, with recommendation to approve proposal and convey lot per review committee's recommendation (proposal by Bonnie Baglien for construction this year by TR Construction of two-story home with attached two-car garage at estimated value of $236,600, lot bid of $32,700.)
It was moved by Council Member McNamara and seconded by Council Member Glassheim that this recommendation be approved. 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. 09-19, dated October 1,2009, totaling $1,171,970.04, and Estimate Summary dated September 30, 2009 in the amount of $2,801,230.40, were presented and read.
It was moved by Council Member Bakken and seconded by Council Member Kreun 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.
APPROVE MINUTES SEPTEMBER 21 AND 28, 2009
Typewritten copies of the minutes of the city council held on Monday, September 21, 2009 and of the special city council meeting held on Monday, September 28, 2009 were presented and read. A correction of the minutes in the matter of amendment re. exemption to motion to apply to first time homebuyers only, with Members McNamara and Glassheim voting for the amendment. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as corrected. Carried 7 votes affirmative.
ADJOURN
It was moved by Council Member Bakken and seconded by Council Member Glassheim that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Saroj Jerath, City Auditor
Approved:
______________________________________
Harold A. Gershman, President of City Council