Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 16, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 16, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; absent: Council Member Kreun - 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.
Mayor Brown commented on various items during the past week and upcoming events:
That on the elections - thanks to those who threw their hats in the ring and thanks to those people who voted.
Congratulations to Michael Hedlund, the new East Grand Forks police chief, and Lt. Michael Ferguson and Sgt. Direk Zimmel on their promotions as well.
Good job to the police department for breaking the case of the slashed tires in the downtown ramp, it was a case of two specific things that the City put in place - first the television cameras in the ramp and was a debated item in the council chambers and second was the idea of supporting the School Resource Officers, again a debated decision. That with the pictures from the cameras and the first hand knowledge of our School Resource Officers this crime was solved and probably deterrent from ever happening again.
Good work and for Chief Packett to pass that on to our people.
He stated he wanted everyone to join him in a special walk in the greenway this coming Saturday, his birthday, and starting at 9:00 a.m. in the Town Square, about a 2 1/2 hour walk through the greenway.
He stated this weekend welcomed many people to the community - that over 150 soccer teams and families for the Grand Cities Soccer Tournament, thanks to organizers and volunteers for making this a great annual event; and many people to our shared downtown for Grand Cities ArtFest, and thanks to organizers and volunteers and sponsors.
This weekend we welcomed the contingent from St. Bernard's Parish and impressed with their staff and confident they will rebuild an even stronger city after this and thanks to community members who shared their lessons and to city department staff. This is an opportunity for us to give back as a community and that we have talked with many members of the Cedar Rapids city staff and hope to be of assistance to them in our lessons learned and our experience.
Mr. Duquette provided a brief overview on what he saw with the St. Bernard Parish delegation this week. He stated we hosted several members from St. Bernard's Parish in Louisiana who came to Grand Forks to find out about lessons learned and what we have learned from our flood and recovery. He stated St. Bernard's Parish is south and east of New Orleans, long narrow parish - about 8 miles wide and 47 to 50 miles long and parish government is like county government and they run the government in the entire parish. He showed a brief video.
Mr. Duquette recognized Pete Haga and Public Information Office that were key in this interaction and relationship with St. Bernard's Parish and with FEMA, Barb Sternum. He also stated there is lot of tragedy in Iowa and their community has reached out to us and we are prepared to help and have provided information and would like the council to consider tonight but has no details on this and would like to put a small team together to respond down to Iowa.
Mayor Brown thanked all department heads and people in the community who made themselves available for this forum and thinks every disaster is unique, recovery is unique and we have a message of hope and manual to avoid some of the pitfalls that our community went through at that time.
SUSPEND AGENDA
Council Member Glassheim moved to suspend the agenda and add an additional item on the snow removal assessment list; Council Member Bakken seconded the motion.
Howard Swanson, city attorney, advised that this will require unanimous consent to add it to the agenda and assuming you approve it unanimously, when this matter is considered he will be asking that they continue the public hearing to October 20, 2008. He stated by statute and by our Code the hearing is supposed to occur in June but the finance department is asking that we change that and continue it to October to be handled with all the other special assessments.
Upon call for the question to suspend the agenda, the motion carried 6 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE
TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SHADYRIDGE ESTATES EIGHTH RESUBDIVISION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Shadyridge Estates Eighth Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008 and tabled on May 19, 2008, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mr. Swanson, city attorney, reported that as this is the last meeting of this council and under the provisions of the Grand Forks City Code you cannot give final approval to a second reading of an ordinance, and proper motion would be to table this to the first council meeting in July.
Mayor Brown opened the public hearing, there were no comments, and the hearing was closed.
It was moved by Council Member Gershman to defer action on this ordinance until July 7, 2008.
Council Member Bakken seconded the motion. Carried 6 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE
TO AMEND THE ZONING MAP TO INCLUDE WITHIN
SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOP-
MENT) CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 4, IN SHADYRIDGE ESTATES ADDITIONS AND
SUBDIVISIONS
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Shadyridge Estates PUD (planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, unplatted portions of Section 26, Shadyridge Estates Seventh Addition, and all those lands to be platted as Shadyridge Estates Eighth Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 19, 2008 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The acting 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 their office.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
It was moved by Council Member Christensen and seconded by Council Member Hutchison to defer action on this ordinance until July 7, 2008. Carried 6 votes affirmative.
CANVASS RESULTS OF BIENNIAL CITY ELECTION HELD
IN CONJUNCTION WITH PRIMARY ELECTION ON JUNE 10,
2008
Howard Swanson, city attorney, stated that the abstract of votes were approved this morning by the Grand Forks County Canvassing Board and as this was a joint election or administered under the auspices of the County offices, it would be required that this body approve or confirm the results of the election as presented before you.
The acting city auditor presented canvass of the June 10, 2008 biennial election results as approved by the County Canvassing Board on June 16, 2008: Document No. 9174.1 - Report
It was moved by Council Member Christensen and seconded by Council Member Bakken to accept and file the canvass of the results of the June 10, 2008 biennial city election. Carried 6 votes affirmative.
Council Member Gershman stated that the measure regarding the publication of minutes passed and that is going to cost the City some money. Mr. Swanson stated that he was intending to ask this body to place that on your next committee of the whole agenda, that action will have substantial financial affect on the City, that it will require a change in the manner, timing and content of the minutes that are already published by the City, and in addition it will require the publication of all checks approved by the city council, including the name of the payee and also includes payroll, but at this point cannot give you nor is Mr. Schmisek able to give you an estimate of the cost but it will be a substantial increase in the publication costs of what the City is doing voluntarily now.
Council Member Gershman asked if it was able to have this on the ballot again in November. Mr. Swanson stated it doesn't appear likely, this is based upon statutory provision which allows it to be voted upon every four years; that this was an initiated measure going back to the mid-1990's when originally passed, and that in previous years the City was allowed to identify an estimated cost of the publication if it were to be approved, but the Attorney General's Office had ruled that we no longer could provide that information in the explanation for the ballot. He stated he will be asking at the end of the meeting that it be placed on our next committee of the whole for further discussion.
Mr. Swanson stated you have a choice on payroll, could do that on a one-time annual basis or list payroll checks every payroll. He stated he has some ideas on how to address the minutes, but no suggestions on the check as that is clearly set forth as to what can and can't be done, last year you paid a total of $6,350.28 for publication of summary minutes, which in most cases is just a call above publications, and one of the reasons he wanted to put it on the committee of the whole so that he has an opportunity to give you more information on what he thinks we can do on the minutes; that this is effective right away, and the publication of the minutes has to occur within 7 days of the date of your meeting and would occur before you have approved the minutes. Council Member Gershman asked that when he does his research to see about the size of the font that you can use, get this as small print as possible, and that sometimes citizens have had the ability to do a recall and if because of cost if there is anything that we can do city-wide on a referendum to overturn it. Mr. Swanson stated those are matters that he has already made contact with the State and are examining and that is why would like to have an opportunity to discuss this at the committee of the whole.
ADOPT RESOLUTIONS RELATING TO REFUNDING
OF REFUNDING IMPROVEMENT BONDS, SERIES 1999B,
GENERAL OBLIGATION BONDS 1999A AND SEWER RESERVE
REVENUE BONDS, SERIES 1995D; AND CALLING FOR THE
SALE THEREOF
The staff report from the finance and administrative services director relating to refunding of Refunding Improvement Bonds, Series 1999B, General Obligation Bonds, Series 1999A and Sewer Reserve Revenue Bonds, Series 1995D, with recommendation to approve the crossover refunding of Refunding Improvement Bonds, Series 1999B (various special assessments), General Obligation Bonds, Series 1999A and current refunding of Sewer Reserve Revenue Bonds, Series 1995D.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 9175 - Resolution relating to Refunding Improvement Refunding Bonds, Series 2008A, Calling for the Sale Thereof.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon, the following voted in favor: Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 9176 - Resolution relating to General Obligation Dike Refunding Bonds, Series 2008B; Calling for the Sale Thereof.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon, the following voted in favor: Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
Council Member Bakken introduced the following resolution and moved its adoption: Document No. 9177 - Resolution relating to Sewer Reserve Revenue Refunding Bonds, Series 2008C; Calling for the Sale Thereof.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon, the following voted in favor: Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
AWARD CONTRACT FOR BIKEPATH PROJECTS NOS.
6199 AND 6228
The staff report from the engineering department relating to bids for Project No. 6199, Bikepath on Columbia Road from Pinehurst Drive to Deacons Garden Addition and Project No. 6228, Bikepath Maintenance, with recommendation to award contract to low bidder, Tony Anderson Construction, in the amounts of $20,563.75 and $50,400.00, respectively, for a total bid of $70,963.75.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6309, DISTRICT NO. 301
The staff report from the engineering department relating to creating special assessment district for Project No. 6309, District Nos. 301, watermain on 2500-2800 blocks of South 42nd Street and 4100 block of 29th Avenue South, 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, and that we declare intent to sell bonds to finance these improvements.
Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9178 - Resolution.
The city auditor presented and read the engineer's report on Watermain Project No. 6309, District No. 301: Document No. 9179 - Report.
Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9180 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen 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. 6309, District No. 301, be accepted and adopted. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
APPROVE AMENDMENTS TO DEFINED CONTRIBUTION
PENSION PLAN AND TO DEFINED BENEFIT PENSION
PLAN DOCUMENTS
The staff report from Human Resources relating to matter of Amendment No. 7 to the Defined Contribution Pension Plan document and matter of Amendment No. 9 to the Defined Benefit Pension Plan document, with recommendation to approve Amendment No. 7 and Amendment No. 9.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BID FOR WASTEWATER DIVISION LAGOON
REHABILITATION MATERIAL
The staff report from the director of public works relating to Public Works Department - Wastewater Division lagoon rehabilitation material bid, with recommendation to approve bid of ICS, Inc. in the amount of $39,068.45.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation is approved. Carried 6 votes affirmative.
APPROVE PUBLIC TRANSPORTATION JOB ACCESS/
REVERSE COMMUTE AND NEW FREEDOMS PROGRAM
FUNDS APPLICATIONS
The staff report from the director of public works relating to Public Transportation Job Access/Reverse Commute and New Freedoms Program Funds applications submittal to enhance Fixed Route and Dial-A-Ride/Senior Rider Services, with recommendation to authorize the Public Transportation Department to submit applications to the North Dakota Department of Transportation (NDDOT) to continue the current enhanced fixed route and Dial-A-Ride/Senior Rider Services. The continued enhancements are as follows: Fixed Route 12/13 (serving the south and southwest parts of the city), extending Saturday service to begin at 8:00 a.m. instead of the current beginning time of 10:00 a.m. and night bus service to start at 4:00 p.m. instead of 6:00 p.m. and purchase of a Dial-A-Ride/Senior Rider van to assist in meeting customer service demands.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 3 AND 4,
BLOCK 1, AURORA PLAZA ADDITION
The staff report from Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Visim, LLP for final approval (fast track) of the Replat of Lots 3 and 4, Block 1, Aurora Plaza Addition to the city of Grand Forks, ND (located in the 2800 block of South 42nd Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include a variance from Section 18-0204, definition of a minor subdivision.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCE TO ANNEX LOT D, BLOCK
1 OF REPLAT OF LOTS 3 AND 4, BLOCK 1, AURORA
PLAZA ADDITION
The staff report from the Planning and Zoning Commission relating to request from Visim LLP for approval of an ordinance to annex a portion of the Replat of Lots 3 and 4, Block 1, Aurora Plaza Addition not previously annexed to the city of Grand Forks ND (located in the 2800 block of South 42nd Street), with recommendation to give approval to the ordinance and set a public hearing date as required by law, July 7, 2008.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance to annex Lot D, Block 1 of the Replat of Lots 3 and 4, Block 1, Aurora Plaza Addition not previously annexed to the city of Grand Forks, ND", which was presented, read and passed on its first reading.
ACCEPT PETITION TO VACATE SCREENING EASEMENT
ADJACENT TO LOTS 1-9, BLOCK 1, CONGRESSIONAL
SECOND RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Dale M. Raatz, et al, for approval to vacate a 15-foot screening easement adjacent to Lots 1 through 9, Block 1, Congressional Second Resubdivision to the city of Grand Forks, ND (located along North 55th Street), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 6 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN GOLDEN VALLEY PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, LOT 1, BLOCK 2,
AURORA PLAZA ADDITION, ALL OF AMUNDSON'S SECOND
RESUBDIVISION, NODAK RESUBDIVISION, GOLDEN VALLEY
FIRST AND SECOND ADDITIONS AND LOTS 3 AND 4, BLOCK
1, AURORA PLAZA ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Visim, LLP for preliminary approval of an ordinance to amend the zoning map to exclude from the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lot 1, Block 2, Aurora Plaza Addition, all of Amundson's Second Resubdivision, Nodak Resubdivision and Golden Valley First and Second Additions, and Lots 3 and 4, Block 1, Aurora Plaza Addition to the city of Grand Forks, ND (located in the 2800 block of South 42nd Street), with recommendation to give preliminary approval to the ordinance, and set a public hearing for July 21, 2008.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken 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 Golden Valley PUD (Planned Use Development), Concept Development Plan, Amendment No. 2 and to include within the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lot 1, Block 2, Aurora Plaza Addition, all of Amundson's Second Resubdivision, Nodak Resubdivision, Golden Valley first and Second Additions and Lots 3 and 4, Block 1, Aurora Plaza Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ADJOURN APPROVAL OF ASSESSMENTS FOR SNOW
REMOVAL UNTIL OCTOBER 20, 2008
The staff report from the city auditor relating to Project No. 6221 2007-08 snow removal special assessments with recommendation to adjourn approval of snow removal assessments until October 20, 2008, such time as when all 2008 special assessment projects are approved by council
Mr. Swanson reported that the proper requirements for notice of the public hearing on these assessments for snow removal from the last season were $5,854.00, that those notices were not done in time in order to hold the public hearing tonight as required both by statute and City Code and at the request of the finance department, they would like to align those special assessments with the normal special assessments calendar, and asked that you table this matter to a meeting no later than October 20, 2008.
It was moved by Council Member Christensen and seconded by Council Member Bakken. Carried 6 votes affirmative.
INFORMATIONAL ITEMS
The Statement of Changes in Cash Balances as of May 31, 2008 was presented and read.
The Portfolio Management/Summary as of May 31, 2008 was presented and read.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-12, dated June 12, 2008, totaling $594,351.71, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Christensen 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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES JUNE 2, 2008
Typewritten copies of the minutes of the city council held on Monday, June 2, 2008 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Gershman that these minutes be approved as read. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Hutchison asked if St. Bernard's Parish has the ability of putting up levees or floodwalls. Mr. Duquette reported flood protection is something they are working on and they are facing issues of reinvestment that won't happen until that flood protection is completed but that the whole coastal area is huge.
2) Council Member McNamara congratulated Mayor Brown and Terry Bjerke of Ward 1 as well as Council Members Glassheim, Christensen and Kreun on their election victories and wished them the best.
3) Council Member Glassheim thanked the people of the Third Ward of their vote of confidence, and reminded him of his obligations to the people of the ward. He stated while campaigning gathered list of several problems that people had and that he asked the Info Center to follow up on them and refer them to the appropriate departments and hope can be responsive and make our neighborhoods more pleasant place to live. He thanked the entire city for their consideration on Riverside pool, good for the entire city. He also stated he was driving down Columbia Road and saw result of a vote they took several weeks ago, there were 2 or 3 very large and garish signs flashing and blinking and competing for the attention of drivers, signs have distinction of being ugly and dangerous distraction for drivers and hopes drivers are careful as they are driving.
4) Council Member Christensen congratulated those people for their victories and that the council asked the community to vote on the Riverside pool issue and glad to see that it passed and that we have collective sense of our joint responsibilities to each other.
That in July and August that as part of our council work sessions, aside from the budget, that each of us bring 3 to 5 ideas that we would like implemented over the next 2 to 4 years and work with the mayor's office and staff to prioritize those items. That Grand Forks is a poster child and Cedar Rapids is asking for assistance in developing plans for their recovery and that we will help, but we have gone through that recovery and not only survived but thriving and doesn't want the community over the next 4 years to lose its initiative and that in the next 2 to 4 years we can continue the initiative and work together as a council with all the different community agencies and bodies, that we have a good team in place and expects that this team will continue to work together.
5) Council Member Gershman stated congratulations to everybody that ran and to those that were elected, and welcome back to Mr. Bjerke. He also stated that last week St. Bernard's Parish was here and had the opportunity to meet with them on Saturday, they have tremendous challenges but they were so interested in learning from Grand Forks and this is way to give back to our country, and now Cedar Rapids is showing up. He stated he was quite impressed with the work that our staff did in Grand Forks; and thanks to everybody for that and some of us might end up down there to talk to some of their people too. He stated he was very impressed this morning with the cleanup of the Town Square and thanks to staff in urban development. Re. Riverside pool - is very appreciative of our city and that we have turned the corner on what people perceive as a north/south issue. Thank you very much and congratulations to everybody and looks forward to another couple years here.
ADJOURN
It was moved by Council Member Bakken and seconded by Council Member Glassheim that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Candi Stjern
Acting City Auditor
Approved:
________________________________
Michael R. Brown, Mayor