Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 17, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 17, 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 (teleconference), Bakken, Kreun - 7.
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:
He thanked UND hockey team for an exciting series this weekend and good luck in the rest of the playoffs.
This morning he met with the first responders and emergency managers, health providers from around the region at the Borders Regional Disaster Training Exercise, thanks to all the sponsors and to the public safety providers for their role and looks forward to hosting more regional training exercises for our communities when the training facility is complete.
Next weekend is the scouting for food drive by the Boy Scouts and Girl Scouts, look for the door hangers and get non-perishable food ready, last year there were thousands of pounds of food collected and everything that is collected, stays local.
This Saturday is the Easter egg hunt at the Alerus Center, great event and is open and free to all community members and great time for the kids - thanks to volunteers and sponsors.
ADOPT ORDINANCE NO. 4217, ANNEXATION OF LOT
5, BLOCK 1, KORYNTA-LEMM 4TH RESUBDIVISION
An ordinance entitled "An ordinance to annex Lot 5, Block 1, Korynta-Lemm 4th Resubdivision to the city of Grand Forks, ND", which had been introduced and passed on its first reading on February 19, 2008, 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 on this matter 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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4218, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF KORYNTA-LEMM 4TH
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 Korynta-Lemm 4th Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 19, 2008, 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.
The staff report from Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Violet Theis and Pierce, Inc. for final approval of the Plat of Korynta-Lemm 4th Resubdivision to the city of Grand Forks, ND (located at Gateway Drive and North 48th Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and give final approval to the ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye:": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4219, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF AUDITOR'S
RESUBDIVISION NO. 43
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 Auditor's Resubdivision No. 43, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 19, 2008, 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.
The staff report from the Planning and Zoning Commission relating to request from Advanced Engineering on behalf of the city of Grand Forks for final approval of the Plat of Auditor's Resubdivision No. 43 to the city of Grand Forks, ND (located at North 3rd Street between DeMers Avenue and Gateway Drive), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and final approval of an ordinance amending the Street and Highway Plan. The request also includes final approval of variances from the Land Development Code Section 18-0907(1)(C) relating to an easily interpreted scale and section 18-0907(1)(L) relating to elevation contours.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4220, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF CALVARY CEMETERY
SOUTH ADDITION
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 Calvary Cemetery South Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 19, 2007, and upon which public hearing had been continued until 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.
The staff report from the Planning and Zoning Commission relating to request from Myra Collette on behalf of Thomas J. Thompson for final approval of the plat of Calvary Cemetery South Addition to the city of Grand Forks, North Dakota (located at 11th Street Northeast and 10th Avenue Northeast, Section 9, Walle Township), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, and to give final approval of an ordinance amending the street and Highway Plan, and to include a variance from Section 18-0907(4)(L)(1)(d) of the Grand Forks Land Development Code, relating to access on to a Level 3 roadway.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4221, AMENDING ZONING MAP
TO INCLUDE WITHIN THE CALVARY CEMETERY SOUTH
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOP-
MENT PLAN, ALL OF CALVARY CEMETERY SOUTH ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Agricultural Preservation) District and to include within the Calvary Cemetery South PUD (Planned Unit Development), Concept Development Plan, all of Calvary Cemetery South Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 19, 2007, and upon which public hearing had been continued until 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.
The staff report from the Planning and Zoning Commission relating to request from Thomas J. Thompson on behalf of Calvary Cemetery Association for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) District, and include within the Calvary Cemetery South PUD(Planned Unit Development), Concept Development Plan, all of Calvary Cemetery South Addition (located at 11th Street Northeast and 10th Avenue Northeast, Section 9, Walle Township, with recommendation to give final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FUNDING FOR RENOVATION OF RIVERSIDE
POOL
The matter of Riverside pool was presented to the city council, along with recommendation from the Finance/Development Committee to approve $1.1 million for capital renovation of the Riverside pool, contingent upon the Park District agreeing to operate the pool.
Council Member Glassheim moved an amendment to the motion from committee: 1) In addition to $594,000 already set aside for Riverside Park improvements, that the council authorize up to $500,000 from the scheduled Greenway Betterment Bond to be used for renovation of the greenway pool in Riverside; 2) that the council pledge $20,000 from the existing Special Events budget for five years to match the generous offer of Arch and Mary Simonson to provide $10,000 a year for five years to help with operations of the greenway pool in Riverside, and after that pledge $30,000 a year from Special Events for operating shortfalls; 3) that the city, which owns the bathhouse and the pool, will in the future be responsible for cleaning up any damages resulting from flooding; 4) that this motion is contingent upon agreement by the Park District to operate the pool in the future; and 5) that this item be placed on the April 7 council agenda following the Park District's April 1 meeting. Council Member Gershman seconded the motion.
Council Member Glassheim stated that he would like to divide the question so that item 2) the pledge of funds is considered separately as there is concern about that. Council Member Gershman agreed to dividing the question.
Council Member Christensen stated the motion is to approve what came out of the finance committee and really only one amendment and that is the subsidy, because what came out of committee was $1.1 million and that the City covered the flood damages and committee recommendation was that the Park District had to operate the pool, and didn't need the other language and asked for clarification.
Council Member Glassheim stated this is essentially what came out of committee but there are further clarifications to make it very clear when the Park District is considering it what will happen. In 1) rather than $1.1 million because about $600,000 is already pledged and is separating that so the public, the Park District and council know that we are talking about an additional $500,000, not about the total $1.1 million being new money; that in 3) we are responsible for flood clean-up and this is to clarify that the park which has been an item of contention for the Park District because they are concerned about their liability for flood clean-up and meets their concerns and says that we are responsible. As matter of law we don't want to pass this motion if the Park District doesn't agree to it so Item 4) says it is contingent upon the agreement and want this to come back for final disposition on April 7 in order to have the opportunity to put it on the ballot regardless of what Park District says - want to make it very clear that it is to come back to us and be on the council agenda.
Council Member Hutchison asked whether it was appropriate to do it now or later about looking at it after 10 years to make a decision. Council Member Glassheim stated that is something the Park District might put into their motion or some suggestion, and that if this should pass we are going to have to have the city attorney draft lease agreements and put some of these things into it.
Council Member Bakken stated he has a problem with 3) which says we are going to clean this up indefinitely no matter what the cost is with an open-ended dollar amount, and that if in 10 years this doesn't work that we are going to continue to pay the expense of cleanup. Mr. Glassheim stated the estimate he has is $25,000 to $30,000 to clean-up the flood and these floods are happening every 4 or 5 years, with an average of about $5,000 or $6,000/year, that we would own the bathhouse whether the pool was there or not; the cost of flood clean-up will be cut in half from what it used to be because that is part of the $1.1 million, the bathhouse will be flood-proofed and electrical will be pulled out and cost will be under control and not cost as much in maintenance.
The city auditor read the motion by Council Member Glassheim and seconded by Council Member Gershman to amend by substitution and add Item 1) In addition to the $594,000 already set aside for Riverside Park improvements that the council authorize up to $500,000 from the scheduled Greenway Betterment Bond to be used for the renovation of the greenway pool in Riverside; Item 3) that the City which owns the bathhouse and the pool will in the future be responsible for cleaning up any damages resulting from flooding; 4) that this motion is contingent upon agreement by the Park District to operate the pool in the future; 5) that this item be placed on the April 7 council agenda following the Park District's April 1 meeting.
Mr. Swanson asked what the effect of item 5) is; Council Member Glassheim stated they want to give council a chance to amend it by putting it on the ballot or having substitute motion, to add directions for the city attorney's office to finalize appropriate language for leasing and to see if the Park District has any amendments before it comes back before us. Mr. Swanson stated that as a result of whatever action is taken by the Park District and by placing it back on your April 7 agenda that the council could alter any of the items contained in 1), 3), or 4), and that this is preliminary approval as opposed to final.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Gershman, Christensen, Kreun, Hutchison, McNamara - 6; voting "nay": Council Member Bakken - 1.
Mayor Brown declared the motion carried.
The city auditor read the remainder of the question which had been divided: 2) that the council pledge $20,000 from the existing Special Events budget for five (5) years to match the generous offer of Arch and Mary Simonson to provide $10,000 a year for five (5) years to help with operations of the greenway pool in Riverside, and after that pledge $30,000 a year from Special Events for operating shortfalls.
Council Member Glassheim stated that if this motion passes it will be part of the entire motion and would be affectee by 5), and will be preliminary also.
Council Member Christensen stated the $30,000/year in perpetuity, and would like to bifurcate this motion and moved that the $30,000/year be eliminated and deal with $20,000/year for five years because at the end of five years will know whether or not that pool is feasible and won't have the $30,000 hanging out so future councils and park districts will have to make a decision to operate it or not.
He moved an amendment to the motion to delete the $30,000 in perpetuity and only have the subsidy for five years. Council Member Bakken seconded the motion.
Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Christensen, Bakken, Kreun - 3; voting "nay": Council Members Gershman, Hutchison, McNamara, Glassheim - 4.
Mayor Brown declared the motion to amend failed.
Council Member Glassheim stated they may want to consider that if there is no usage ten years from now, there has to be a methodology for ending it, and perhaps that can come from the Park District discussion; and that is reason this is preliminary approval and should come back to us. He stated we are in the pool business because we own the pool because of flooding and buying it, that the council has subsidized many kinds of operations, that we are in - the airport business, hotel business, entertainment, arts business and events business, dog park business, etc. for things that people want - but should cooperate and participate with the Park District which has more limited funds in order to do this. This is something that is useful project and a small amount of money that the City can cooperate and participate with the Park District.
Council Member Hutchison stated he was not sure if the Park District will approve or not approve, that this is a new proposal and that it go back to the Park District for their review, and whether or not the Park District put this in their amended return to council that it be looked at after ten years or not, and appropriate that this would end after ten years and future council or park district can decide if they want to continue that, and that ten years would be the maximum that they should go on this.
Mr. Swanson reminded council that 1) this resolution cannot bind future councils - that this action is subject to change by future councils; 2) the action of this body cannot bind the Park District as they are entirely a separate entity. He also stated as he understand the motion there is no ten year requirement
stated and that general principals of municipal law indicate that a council by resolution cannot bind future councils - can turn it into contract language, etc. but by principals of resolution this is not binding upon a future council, but that contractual obligations are binding.
Upon call for the question and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman - 4: voting "nay": Council Members Christensen, Bakken, Kreun - 3.
Mayor Brown declared the motion carried.
APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 610 NORTH 7TH STREET
The staff report from the city assessor relating to application for abatement for 2007 taxes by David and Jessica Wilkinson, 610 North 7th Street, with recommendation to the Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 3122 24TH AVENUE SOUTH
The staff report from the city assessor relating to application for abatement for 2007 taxes by Luis and Maria Brito, 3122 24th Avenue South, with recommendation to Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 5326 6TH AVENUE NORTH
The staff report from the city assessor relating to application for abatement for 2007 taxes by Sarah Dahl, 5326 6th Avenue North, with recommendation to Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 2619 SOUTH 40TH STREET
The staff report from the city assessor relating to application for abatement for 2007 taxes by Jennifer Lessard, 2619 South 40th Street, with recommendation to Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL
BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at the following locations: 2229 Fallcreek Court, 511 15th Avenue South, 1520 Robertson Court, 1906 10th Avenue North, and 2216 11th Avenue South, with recommendation to grant exemptions at increased value for 3 years.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approve. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
EXTEND MEETING OF BOARD OF EQUALIZATION
TO APRIL 21, 2008
The staff report from the city assessor relating to extension of the Board of Equalization from April 8, 2008 to April 21, 2008 at 5:30 p.m. with recommendation to grant request.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE OFFERING NDPERS PENSION PLAN TO CITY
EMPLOYEES AND INTRODUCE ORDINANCE RELATING
TO PLANS AUTHORIZING INCLUSION OF NDPERS PLAN
The staff report from the city auditor and director of finance and administrative service relating to NDPERS (North Dakota Public Employees Retirement System) Pension Plan, with recommendation to approve offering the NDPERS pension plan to City employees and direct the city attorney to draft an ordinance to amend Section 7-0102 of the Grand Forks City Code related to plans authorized to include the NDPERS plan.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance amending Section 7-0102 of the Grand Forks City Code relating to retirement plans authorized", which was presented, read and passed on its first reading.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6292, LIFT STATION 19 FORCEMAIN
The staff report from the engineering department relating to design, bidding and construction administration engineering services agreement for Project No. 6292, Lift Station 19 Forcemain, with recommendation to approve agreement with Webster, Foster & Weston for design, bidding and construction engineering services in the amount of $33,634.00.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchinson, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6244, DISTRICT NO. 633
The staff report from the engineering department relating to creating special assessment district for Project No. 6244, District No. 633, paving and street lighting for McEnroe's 1st Addition (Garden View Drive), with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids and further 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. 9135 - Resolution.
The city auditor presented and read the engineer's report on Paving Project No. 6244, District No. 633: Document No. 9136 - Report.
Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9137 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6244, District No. 633, be accepted and adopted. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, 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 OF NECESSITY FOR PAVING PROJECT NO.
6152, DISTRICT NO. 632
The staff report from the engineering department relating to creating special assessment district for Project No. 6152, District No. 632, paving for 4200-4400 blocks of 16th Avenue North and 16th Avenue North Circle, with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids and further 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. 9138 - Resolution.
The city auditor presented and read the engineer's report on Paving Project No. 6152, District No. 632: Document No. 9139 - Report.
Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9140 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6152, District No. 632, be accepted and adopted. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
AWARD CONTRACT FOR PROJECT NO. 6214, 2008 ADA
CURB RAMPS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 6214, 2008 ADA Curb Ramps, with recommendation to award contract to low bidder, Tony Anderson Construction, in the amount of $42,610.00.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Member Hutchison, 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. 6215, 2008
FLOOD PREPARATION AND DEBRIS CLEANUP
The staff report from the engineering department relating to bids for Project No. 6215, 2008 Flood Preparation and Debris Cleanup, with recommendation to award contract to low bidder, Gowan Construction, in the amount of $297,327.50 on a time and material basis.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Member Hutchison, 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. 6211, 2008
SIDEWALK REPAIR
The staff report from the engineering department relating to consideration of bids for Project No. 6211, 2008 Sidewalk Repair, with recommendation to award contract to low bidder, Adelman Concrete & Excavating, Inc., West Fargo, ND, in the amount of $135,545.00, on estimated quantities per unit price.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Member Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE SPECIFICATIONS FOR FIRE ENGINE
The staff report from the fire department relating to bid specifications for fire engine, with recommendation to approve specifications and allow bidding.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE SURPLUS PROPERTY FOR PUBLIC WORKS
DEPARTMENT
The staff report from the public works director relating to Public Works Department surplus property, with recommendation to declare the following equipment as surplus and authorize staff to proceed with the sale of equipment according to established policies and procedures: 1990 3/4 ton Chevrolet pickup #6040, 1991 1/2 ton Chevrolet pickup #6070, 1989 3/4 ton Chevrolet pickup #4156, 1983 trailer mounted inductor, 10 inch full-body flapper check valve; 2 12-inch gate valves; Pioneer floor buffer/stripper floor machine; 7 8-inch fire main gate valves; Case Model J84 snow blower, 1975 Case 446 garden tractor,
3 Pond Doctor solar powered lagoon mixers, and 1984 Ford 1/2 ton van with sewer televising equipment.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.
APPROVE AGREEMENT FOR PROJECT NO. 6198, 2008/
2009 WATER TREATMENT PLANT CAPITAL IMPROVEMENTS
The staff report from the director of public works and the water utility superintendent relating to engineering and instrument and control services agreement for 2008/2009 Grand Forks Water Treatment Plant Capital Improvements Project No. 6198, with recommendation to approve agreement with Advanced Engineering and environmental Services, Inc. (AE2S) in the amount of $372,000 for engineering services to include final design, bidding, construction and post construction phases, and $42,000 for instrument and control services as part of the 2008/2009 Grand Forks Water Treatment Plant Capital Improvements Project No. 6198, subject to the city attorney's office review and approval.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Member Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the agreement approved.
ACCEPT ENVIRONMENTAL GRANT FROM XCEL ENERGY
FOR GREENWAY AND APPROVE BUDGET AMENDMENT
The staff report from the environmental compliance/greenway manager relating to Xcel Energy Environmental Grant and associated budget amendment, with recommendation to approve the Xcel Energy Environmental Grant and associated budget amendment in the amount of $20,500.00.
Melanie Parvey-Biby reported the City received a grant from Xcel Energy for $20,500.00 and along with that will do several projects, one is planting a large scale tree planting in the southend of Grand Forks and will also enhance the southend pedestrian bridge corridor; the areas are along Belmont Road at Sunbeam trail access and their plan is to take original plan and try to improve this area with the tree planting. The southend pedestrian bridge will enhance that area as well and will be doing a planting along that trail corridor in the fall and enhancing the overlook in that area and will be nice canopy area where the trees will provide shade and green up the community. She stated they are planning a community event to be held on May 3, Saturday, 9:00 a.m., and that Xcel Energy, the City of Grand Forks and the Park District are going to host this event and asking employees and their families and the community to come out and assist them with this event; they will also have an event in the fall.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Member Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
REFER MATTER OF CDBG PUBLIC SERVICE FUNDS
TO UNITED WAY (PAT BERGER)
The staff report from Urban Development director relating to allocation of CDBG Public Service Funds, with recommendation to approve funding recommendations: CUP (Churches United in Partnership), $20,000; GGF Senior Citizen Center, $15,000; Healthy Families, $20,000; LISTEN Center, $15,000; Lutheran Social Services, $21,000; Northlands Rescue Mission, $20,000; Prairie Harvest Human Service Foundation, $10,000; Red River Valley Community Action, $10,000; Salvation Army, $12,400;
Society of St. Vincent de Paul, $22,000; Valley Community Health Center, $20,000; United Way (administration), $14,000; for a total 2008 CDBG Public Service Budget of $200,000.
Council Member Kreun stated this is one of our responsibilities we have as oversight for the monies that we receive from the federal government to distribute to different entities that help off-set the tax burden of the people in Grand Forks and that we elected a year ago to look at these issues to make sure that the tax burden of the community is offset by these particular funds. He stated the agency we gave this responsibility to did an excellent job, and had conversations with several members re. reasons for some of the issues and the recommendations they made. He stated that even if make changes or different decision in what was recommended, it takes nothing away from the individuals that did the work and research and listened to all the proposals. He moved the following motion - to fund CVIC with $20,000.00 and reduce the amount from Healthy Families by $10,000 and Vincent St. dePaul by $10,000. Council Member Bakken seconded the motion.
Mae Marie Blackmore, member of Citizens Advisory Committee that made decision, along with Meredith Richards for Urban development as an observer, and two people from United Way were an oversight and none of them had anything to do with the allocations, and explained reasons for their allocations or no allocations because not enough funds. They had $180,000 for allocations but had $385,000 in requests
Council Member Kreun stated some of the services provided by the two entities in his motion is they are already provided by the Housing Authority or an agency through the Housing Authority - there are other avenues for people that need those services.
Several individuals, including Charlie Bremseth, Listen Center; Barbara Kramer, director of Healthy Families; Amy Brooks, Lutheran Social Services; JoAnn Brundin director of St. Vincent dePaul; spoke in favor of the process they have in place and supports the recommendations of the committee as the committee reviewed the applications and heard presentations.
Greg Hoover, director of Urban Development, stated on the St. Vincent dePaul if the motion was to take $10,000 from each of the two programs or $10,000 promoting self-sufficiency. Mr. Kreun stated from the Society of St. Vincent dePaul.
Council Member Gershman stated that they haven't had problems in past years and have not had anybody come forward and challenge the decision of this committee, the reason that happened is because the council decided that it should come back for review, that people always had the opportunity to appeal to the city council, but codified that a little more by saying if have an issue, come back to us as we are going to be the final arbiters in this. He stated he also talked to several members of the committee and convinced that there was no punishment and doesn't find that there is any glaring error to process that would make one think there was something critically wrong with the process that took place. Direction was given to United Way to take to their committee that we wanted larger amounts of money to go to organizations to make a difference and agrees with that and likes the work that was done; there were 11 groups that received money, 5 did not, 1 came forward and it is a great organization but the other 4 did not appeal to us and why wouldn't they feel that there was something wrong with the process also. He stated that we all have agendas up here and have organizations that we like because worked with them, etc. but has respect for every organization and will vote status quo and respect the committee - that the people on the committee studied it and council members didn't show up to hear presentations or read applications and now making decision about what they did and that is wrong.
Council Member Kreun stated our oversight is the responsibility of federal funds that are given to us to help off-set taxes, and that there are entities that more directly involved that help us off-set some of the costs that we have and this happens to be one of them, that we have proven that by giving them a contract to do some of the work for us, and that shouldn't have any bearing on it; and their ability to raise money was brought up and discussed, have good fund raising capability but wasn't deciding factor, and that is where those issues come from.