Council Minutes
17111
July 17, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 17, 2000
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, July 17, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 13; absent: Council Member Glassheim - 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.
APPROVE MINUTES JULY 5, 2000
Typewritten copies of the minutes of the regular city council meeting held on Wednesday, July 5, 2000 were presented and read. Council Member Bjerke stated that the roll call on the item relating to adoption of Ordinance No. 3852 showed Council Member Brooks voting yes and no, and should be Council Member Brooks voting yes and Council Member Bakken voting no. Mayor Brown stated correction noted. It was moved by Council Member Bakken and seconded by Council Member Klave that these minutes be approved, with correction. Carried 13 votes affirmative.
ADOPT ORDINACE NO. 3853 AMENDING ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL THAT PORTION OF NW QUARTER OF
SECTION 5, T150N, R50W, 5TH P.M. AND ALL THAT PORTION
OF SW QUARTER OF SECTION 32, T151N, R50W, 5TH P.M.
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-2 (Agricultural Reserve) District and include within the I-2 (Heavy Industrial) District, all that portion of the Northwest Quarter of section 5, T150N, R50W, 5th Principal Meridian, lying west of I-29 containing approximately 100.4 acres more or less to be platted as Brown Corp. Addition to Grand Forks, ND and all that portion of the Southwest Quarter of Section 32, T151N, R50W, 5th Principal Meridian lying west of I-29 containing approximately 29.4 acres more or less and to be platted as Oakwood 2nd Addition to Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 19, 2000, 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 called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The Planning and Zoning Commission reported having considered the matter of the request from Merrilee Brown on behalf of AG Park, LLP for final approval of an ordinance to amend the Zoning Map and to exclude from the A-2 (Agricultural Reserve) District and include within the I-2 (Heavy Industrial) District part of the SW Quarter lying westerly of I-29 right of way of Section 32 of Township 151 North, Range 50 West from the 5th Principal Meridian )TelPro - 7251 South 42nd Street) and part of the NW Quarter lying westerly of I-29 and southerly of Grand Forks Drain No. 4 of Section 5 of Township 150 North, Range 50 West from the 5th Principal Meridian (Agsco - 1160 and 1168 12th Street NE), and recommended final approval subject to conditions shown on or attached to the review copy, platting of properties and passage of the ordinance amending the zoning map.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved.
Dennis Potter, city planner, reported this is the Agsco property which lies south of Merrifield Road and west of Interstate 29 and the TelPro property which lies west of Interstate 29 and north of Merrifield Road, and the bordering road on the west is South 42nd Street. He stated this area came into our two-mile zoning jurisdiction when we annexed the golf course and housing area, that Agsco is expanding their storage facilities and requires a conditional use permit and to get the proper conditional use permit and to look at their zoning long term and TelPro’s need to make industrial, which is a close mirror image of what they had under the County zoning.
Upon call for the question on the motion of the recommendation by the Planning and Zoning Commission, the motion carried 13 votes affirmative.
Upon call for the question on the adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the ordinance adopted.
TABLE SECOND READING OF ORDINANCE RELATING
TO THE ESTABLISHMENT OF A PUBLIC ENTERPRISE
KNOWN AS THE RED RIVER RENAISSANCE
An ordinance entitled “An ordinance enacting Article 3 of chapter XXIV of the Grand Forks City
Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.
Council Member Klave moved to table second reading of the ordinance, Council Member Christensen seconded the motion. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3854 RELATING TO PENALTIES
FOR SPECIFIED TRAFFIC AND MOTOR VEHICLE OFFENSES,
FOR SPECIFIED CRIMINAL OFFENSES AND RELATING TO
FEE FOR IMPOUNDING ANIMALS AT LARGE
An ordinance entitled “An ordinance amending Section 8-1503 relating to penalties for specified traffic and motor vehicle offenses, Section 9-0503 relating to penalties for specified criminal offenses, and Section 11-0112 relating to the fee for impounding animals at large”, which had been introduced and passed on its first reading on June 5, 2000, and continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.
Mel Pederson, 2423 University Avenue, stated he would like to see less repeat offenders, that he doesn’t see any people in court with parking or noise violations, that until the fine is high enough that they go and make complaint.
Mayor Brown closed the open hearing.
Committee No. 2, Public Safety, reported having considered the matter of ordinance relating to traffic fines, re. no liability insurance, and recommended to leave the minimum fines of $150 (first offense) and $300 (second offense) for a no liability insurance charge and leave the parking fines open to the judge’s discretion.
It was moved by Council Member Bakken and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Howard Swanson, city attorney, stated some concerns with reference to the amendment over the reference to leaving parking offenses fines to the discretion of the Court, those typically are enumerated fines and also appear in the back of the parking ticket for those who wish to post bond. Council Member Bakken stated their recommendation was based on request by the Court to leave them some latitude. Mr. Swanson stated that all of the parking fines are a specified fine, that there is nothing left to the discretion of the Court and had difficulty in recommending that the council pass that type of a fine for parking fines.
It was moved by Council Member Bakken and seconded by Council Member Martinson to amend the motion by deleting the second part of the motion (leaving the parking fines open to the judge’s discretion).
Council Member Gershman stated he would like to see the base parking tickets stay as it is because they have a tremendous amount of money invested in downtown Grand Forks and also have a high school downtown and if trying to send message that we want people to come downtown to visit the various establishments, that by raising the rates from $5.00 to $15.00 or leaving at the Court’s discretion is the wrong message to send; and perhaps talk to the City and the School District to see if there was some way to utilize the ramp for the high school; and moved a substitute motion to leave the base parking fine as it is. Council Member Hoff seconded the motion.
It was noted that the students would be able to use the parking ramp and would not have to negotiate with anybody, the ramp is free to park in , and option of parking ramp is available to anybody.
Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Gershman, Lunak, Kreun, Hoff, Hamerlik - 5; and the following voted “nay”: Council Members Christensen, Klave, Babinchak, Bakken, Martinson, Brooks, Bjerke, Burke - 8. Mayor Brown declared the motion failed.
Council Member Hoff asked what the proper time would be to entertain a motion to reopen the public hearing portion on this so that some of those minors who are present who were denied their opportunity to speak at the last meeting due to the length of the meeting will be given that opportunity again, and at some time reopen the public hearing portion for any citizen; and moved that motion to reopen the public hearing. Mr. Swanson stated that technically under the rules the public does not have an opportunity to discuss matters unless it falls in the context of a public hearing or they are recognized by the chair. There was no second to the motion, and the motion failed.
There was some discussion relative to fines in Grand Forks compared to fines in East Grand Forks or other communities in the state. Chief Packett stated that the schedule of fines drafted by staff was a representation of what was discussed in public safety over the last few months and also a comparison of actual ordinances in other cities; that there is a wide range of increases ranging from $30 to 100 to 200% but that this was a reasonable attempt to put these fines comparable with other cities without a dramatic increase now.
Council Member Christensen suggested that inasmuch as trying to keep the streets safe and keep speeders down, rethink our speeding violation penalties and suggest that we look at what charging for driving without insurance. Mr. Swanson stated that with respect to both DUI and driving without liability insurance, one of the observations that the city prosecutor’s office has made is that there has been a disparity in fines levied in District Court as opposed to Municipal Court, and that has led to an increase of appeals to District Court, and Municipal Court is recommending that our fines be comparable to what District Court is presently doing to avoid judge shopping.
Upon call for the question on the amendment and upon voice vote, the motion carried 12 votes affirmative, Council Member Hoff voted against the call for the question.
Upon call for the question on the amendment to leave the minimum fines of $150.00 for first offense and $300.00 for second offense for no liability insurance charge and upon voice vote the motion carried 13 votes affirmative.
Council Member Hoff asked for discussion on the matter of the animal fees, that he spoke to people at the Humane Society and they stated that if people put in a position of deciding whether or not they are going to pay increased fees to redeem their animal from the Humane Society or buy groceries, that people will make decisions like this and moved that the animal fees remain as they are and not be increased. The motion died for lack of a second.
Council Member Hoff stated that he has suggested that they keep these fees the same and attempt to generate new revenue sources by fining people at the dump who dump hazardous materials, currently there is no fine if caught. Council Member Bjerke called point of order as dumping fees are not relevant to the discussion. Council Member Hoff stated he is suggesting they do away with this whole ordinance and suggesting a new revenue stream and that is part and parcel of this discussion. Mayor Brown noted point of order and the question was called.
Council Member Martinson called for the question and Council Member Babinchak seconded the motion. Carried 12 votes affirmative; Council Member Hoff voted against the motion.
Upon call for the question on the adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson, Brooks, Bjerke, Hamerlik, Gershman - 11; voting “nay”: Council Members Hoff, Burke - 2. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3855, RELATING TO OATHS
OF MUNICIPAL OFFICERS
An ordinance entitled “An ordnance repealing Sections 3-0-602 through 3-0604 and adopting a new Article 1 to Chapter III of the Grand Forks City Code relating to the oaths of municipal officers”, which had been introduced and passed on its first reading on June 19, 2000, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who wanted to make comments on this matter.
John Rolczynski, 23 North 3rd Street, stated he wanted to summarize what he has to say about the oaths, that he called attention to what he thought was a discrepancy in the handling of the oath and Mr. Swanson stated that the City Code is silent on this point, that it should be corrected. He stated that Mr. Swanson has drafted the ordinance in front of city council, that says that four members: the city attorney, the city assessor, city engineer and the city auditor will have to take the oath, that he doesn’t think there is anything wrong with taking the oath by any person and all he is doing is saying that he will support the constitution of the United States and the constitution of the State, is that he will act according to the law, and hopes that they will straighten out the matter and with regard to the oath, thinks everybody should be very proud that they’ve been either appointed or elected and take that oath without any hesitation.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the ordinance adopted.
APPROVE BILLS
Vendor Payment Listing No. 00-12, dated July 17, 2000, and totaling $976,405.40, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Martinson and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same.
Council Member Christensen stated in reviewing the bills he noted we are making a lease payment for a vehicle (an Expedition) and that we not pay that bill until we find out why we have a $40,000 Expedition.
It was moved by Council Member Christensen that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same, with the exception of the payment for the leased vehicle (Expedition); Council Member Brooks seconded the motion. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE PROPOSED AMENDMENT TO MODIFY WATER
SERVICE CONTRACT WITH THE AIR FORCE BASE
Committee No. 1, Finance, reported having considered the matter of modifying water service contract to Air Force Base, and recommended to approve the proposed amendment to modify the water service contract with the Air Base.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE MOTION NOT TO PURCHASE VOTING SYTEM
Committee No. 1, Finance, reported having considered the matter of status of voting system, and recommended not to purchase a voting system for the city council.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE STATUS OF TELECOMMUNICATIONS
RECOMMENDATIONS
Committee No. 1, Finance, reported having considered the matter of status of telecommunications recommendations, and recommended approval of recommendations 1, 2, and 4 and to amend the motion to add recommendation 5, centralize in the IS Department.
(Recommendation 1: Renew and renegotiate the Centrex contract with US West. This contract expires this fall. The City of Grand Forks needs to take some action to continue phone service. Elert & Associates recommends that the City proceed with a 36-month contract. Consulting fees: negotiate contract $3,240.
Recommendation 2: The City should put all services on the Centrex including the Police, City Hall DID numbers and the Aurora Dome. this will allow the city to have three or four digit dialing to all City buildings. This service is also less expensive and will save the City $16,068 annually over current costs.
Estimated savings, $16,608 annually; Consulting fees, implement changes $2,740.
Recommendation 4: Elert & Associates has identified lines being billed to the City. The City should carefully look at all those lines and insure that they are needed. It appears the city has too many lines and that there could be significant changes. Estimated savings, conservatively $13,080 annually, consulting fees, identify savings $4,600, implement $4,600.
Recommendation 5: the City needs to centralize its telecom management. Currently any employee of the City can order telephone lines from US West. This should be done only through one department. Tighter control will insure that lines are ordered properly and that billing can be audited appropriately.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
CONSIDER REVIEW OF VARIOUS COMMITTEES AND
PROCESS OF DELETING, COMBINING UNDER STANDING
COMMITTEES
Committee No. 1, Finance, reported having considered the matter of review of various committees and process of deleting, combining committees under standing committees, and recommended that the four standing committees review the list and find out which ones are appropriate to them and to examine them for review, combining and deleting, keeping state laws and ordinances in mind.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REFINANCING FOR LM GLASFIBER
Committee No. 1, Finance, reported having considered the matter of LM Glasfiber refinancing, and recommended approval of the LM Glasfiber refinancing as outlined contingent upon final document review by the City Attorney’s Office.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE COMPLETION OF POLICE VEHICLE
IMPOUND BUILDING SUBJECT TO FUNDING SOURCE
BEING IDENTIFIED
Committee No. 2, Public Safety, reported having considered the matter of completion of police vehicle impound building, and recommended approval subject to a funding source being identified.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE INCREASING MOSQUITO
CONTROL FEE
Committee No. 2, Public Safety, reported having considered the matter of mosquito control utility fees ($1/mo for 12 months each year), and recommended to allow the mosquito control fee to be $1.25/month/12 months and also for the Health Department to look at what the actual costs would be to take a more proactive approach so we don’t have to keep coming back for increases.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Council Member Burke stated that the Health Department had requested a 20% increase in the fee, and the committee approved a 50% increase in the fee, that in three months we will be done with the mosquito season and can deal with this in the budgeting process for 2001; and moved an amendment to the motion to approve the fee originally requested by the Health Department ($1.00/mo for 12 months each year). Council Member Lunak seconded the motion.
Don Shields, Director of the Health Department, and Todd Hanson, Mosquito Control Supervisor, Health Department, stated their request was to increase fees to $1.00 month for 12 months, and that was based upon the current costs of the program which have not increased since July of 1997 when the last increase in the mosquito budget took place. He stated that the matter of level of service is in theirs and the citizens hands for mosquito control - $1.00/month for 12 months for same level of service currently getting; and $1.25 for increase in services. He stated that the cost of mosquito control is based upon a comprehensive mosquito control program - larviciding , adulticiding, and mosquito habitat.
Mel Pederson, 2423 University Avenue, stated that along with mosquito control, bats and birds help out, that North Dakota has more wetland than Florida, and that along with mosquito control they would be talking some bird or other kind of conservation.
Joanne Gabrynowicz, 1323 Noble Cove, spoke in favor of the increased rate.
Upon call for the question on the amendment to the motion and upon voice vote, the motion was defeated.
Upon call for the question on the original motion and upon voice vote, the motion carried 12 votes affirmative, Council Member Bjerke voted against the motion.
Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 15-0117 of the Grand Forks City Code relating to the mosquito control fee”, which was presented, read and passed on its first reading.
APPROVE BUDGET AMENDMENT
A request for budget amendment for Wellness Program in the amount of $430.00 to reflect increased revenue in hearing and blood pressure screenings, was presented and read.
A request for budget amendment for Maternal Child Health Grant in the amount of $73,292 to accept the grant and to set up expenditures that go along with that grant, was presented and read.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that these amendments be and are hereby approved. Carried 12 votes affirmative; Council Member Brooks voted against the motion..
APPROVE CHANGE ORDER FOR BALING FACILITY,
PROJECT NO. 5086
Committee No. 3, Public Service, reported having considered the matter of change orders for Baling Facility, City Project No. 5086, and recommended to approve the change order in the amount of $5,625.00 for Construction Engineers, LTD for additional rows of block and additional insulation in scale house, etc.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE CONCEPT REPORT FOR PROJECT NO. 5111,
INTERSECTION IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the matter of Project concept Report for Project No.5111, Intersection Improvements at South 34th Street/17th Avenue South and South 20th Street/24th Avenue South, and recommended to approve the Concept Report and to authorize proper officials to sign the report.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE AMENDMENT NO. 1 FOR PROJECT NO. 5111,
INTERSECTION IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 (Design) Interstate Engineering, Project No. 5111, Intersection Improvements at South 34th Street/17th Avenue South and South 20th Street/24th Avenue South, and recommended to approve Amendment No. 1 in an amount not to exceed $22,000.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll cal the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5171, STORM SEWER
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5171, storm sewer on 40th Avenue South between Aspen and Pine Circle, and recommended to approve plans and specifications, contingent upon staff review.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECTS 4981 AND
4982, REHAB. PUMP STAITONS 14 AND 15
Committee No. 3, Public Service, reported having considered the matter of change orders for Projects Nos. 4981 and 4982, Rehabilitate Sanitary Pump Station No. 14 and No. 15, General Contract, Change Order No. 3, and recommended to approve the change order to Moorhead Construction in the amount of $138.48.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
AMEND POLICY TO EXTEND RIGHT OF FIRST REFUSAL
TO STRUCTURE SALES ONLY AND TO DECLARE PARCELS
AS SURPLUS PROPERTY
Committee No. 3, Public Service, reported having considered the matter of reviewing policy of first refusal by former home owners, and recommended to amend the policy to extend the right of first refusal to structure sales only and to declare those parcels (Surplus list: 1212 Lincoln Drive, 1102 Lanark Avenue, 407 Pakenham Avenue, 610 Plum Avenue, 1605 Riverside Drive, 67 Sloping Hills Cove; Surplus non-profit list: 815 Almonte Avenue, 101 Euclid Avenue, 1017 Lanark Avenue, 1108 Lanark Avenue, 1110 Lanark Avenue, 401 Pakenham Avenue, 415 Pakenham Avenue, 505 Pakenham Avenue, 502 Plum Avenue, 506 Plum Avenue) as surplus property.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved.
It was moved by Council Member Kreun to remove the property at 815 Almonte Avenue from the non-profit list and move that to the surplus list and offer for sale. Council Member Bakken seconded the motion. Carried 13 votes affirmatives.
Upon call for the question on the motion as amended, and upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
AUTHORIZE ENTERING INTO NEGOTIATIONS FOR
ENGINEERING SERVICES AGREEMENT, AND JOINTLY
TO LOOK AT OTHER OPTIONS
Committee No. 3, Public Service, reported having considered the matter of negotiating engineering services agreement, Burns & McDonnell, new landfill siting environmental impact statement (EIS), City Project No. 5178, and recommended to enter into the negotiations for engineering services agreement with Burns & McDonnell and jointly to look at some of the other options that are available.
It was moved by Council Member Klave and seconded by Council Member Kreun that this recommendation be and is hereby approved.
Council Member Hoff stated they are considering negotiations for a contract for environmental impact statement, and that it’s not just negotiations but $1,500 of a lawyer’s time and once we get that statement this Manvel landfill starts moving forward, and questioned why throwing money away; that there is far too much opposition in Manvel to put that landfill there, they were stating that they were ready to fight us all the way to the U.S. Supreme Court; that there are many other matters that we can use to deal with the landfill situation that will satisfy the EPA, the FAA that we are doing everything to mitigate the bird problem to deal with this landfill issue besides moving forward on an environmental impact statement,
and that he wants to be very respectful to members of this council but he does not believe that all the council members should be casting votes on this particular item. Member Hoff stated it was his opinion as a lay person that since Council Member Christensen’s partner will be the one negotiating this contract and payment for it, that Mr. Christensen may have a pecuniary interest although Mr. Christensen has stated it will not. He stated that because of appearances and because we must attempt to distance ourselves from even the appearance of a conflict of interest, in his opinion he has respectfully asked Mr. Christensen to abstain and it is not personal.
Jay Fiedler, attorney, stated that we cannot use that proposal with Burns & McDonnell as a basis for an environmental impact statement with respect to another site.
Mr. Fiedler stated that he has been retained by the City to assist it in the zoning aspects of siting a landfill in Turtle River Township, that he asked that this matter come before the council as they have reached a point in the procedure where certain decisions have to be made that are beyond his authority, and they have many new members who may not have all of the background on the project. He addressed a number of subjects and summarized the status of the project as it is today, City’s options with respect to the project site in Turtle River Township and his recommendation.
Council Member Bjerke called point of order, that under Roberts Rules of Order and the City Code, that going into the audience while speaker is speaking is disrespectful and asked that they ask the council member return to his chair.
Mr. Fiedler stated his recommendation was to commission an environmental impact statement rather than to litigate the issue, and that is what the committee recommended. He stated that it is possible that they will end up in court, that the Township may vote against the landfill at the end of the process and council may choose to go ahead and litigate that decision, and if that happens would like to have an environmental impact statement as portion of evidence to present to a court. He stated that if the council adopts the committee’s recommendation, that he has a preliminary proposal in hand from the consulting engineers, they are proposing an environmental impact study that will cost approx. $50,000, that’s a proposal and that committee is asking that they go to the Township, and solicit their input in case there are areas of study that they want us to directly address, and if that happens he will have to work with the engineers to find out how those additional requests for a broader scope affects the cost, and then come back to the council with costs and time in September.
Council Member Kreun stated that in their recommendation they also are going to look at many other options as far as solid waste goes, some information outdated and want to update that and has asked Todd Feland to come up with some proposals that may be options to the landfill, ie., reducing volume, increase capacity of existing landfill, utilize the landfill at Manvel, to look for landfill outside the County of Grand Forks, haul to other landfills at Gwinner and Sawyer, and are going to continue to look at those options and explore them in more depth to make sure they have explored all the options.
Council Member Hoff called for point of order as president of the council has just returned to his seat, and asked for a ruling on whether a council member may leave his seat to speak to a member of the public or refresh himself. Council Member Bjerke called point of order - that under City Code which stated that when the presiding officer is putting the question or member speaking, no member shall walk across or out of the room nor entertain any private discourse or pass between the speaker and the presiding officer; and also in Roberts Rules of Order that you are not supposed to leave your seat unless have asked for that.
Mr. Fiedler stated he was retained for a specific purpose, the siting of the landfill in Turtle River and makes no value judgment on that option but that the City is fast approaching a point where a decision has to be made, there has been in the past considerable pressure regarding the existing landfill due to certain FAA regulations that have to do with bird hazards; but to a large extent believes that those hazards have been mitigated although the agencies have not committed to that but that the more pressing issue is ultimately that landfill is going to reach its capacity, and something will have to be done to address that issue, and best information is that the City has about five years and that because of those issues the City is operating on a year to year permit, that our existing permit expires in November, so long as showing progress toward a solution, have every reason to believe that it will be extended, but no guarantee.
Council Member Hoff asked Mr. Fiedler about the conflict of interest issue that he has raised.. Council Member Bjerke called for point of order if this has been ruled on. Mr. Swanson stated he has not made any formal ruling but provided Mr. Hoff with an opinion on another matter which he indicated to Mr. Hoff did not lead him to a position that would allow him to conclude that Mr. Christensen could not vote on the issue.
Council Member Hoff called for point of order, that he noted that council members having discourse among themselves, contrary to what Mr. Bjerke has raised.
Charles Grotte, assistant city engineer, stated if they were to look at all the options, never come to a conclusion, that he had Mr. Feland provide Council Member Kreun with a listing of reasonable options: composting, restricting what goes into the landfill, only allow the citizens of Grand Forks to put garbage in there, and possibly extend our landfill life three times by not allowing outside communities to use it, but first need to decide which options they should be looking at, and could spend length of time as to how many to look at and depth of study.
Council Member Hoff called for point of order - that Council Member Bjerke is having discourse with another council member contrary to the very Roberts Rules that he brought up a moment ago. Mayor Brown stated noted.
Council Member Martinson stated that if they limited the landfill to use by Grand Forks only, how would that take care of the FAA requirements. Mr. Grotte stated it would not, that our permit expires November 1 of this year, and if the State Health Department decides not to extend our permit, we will be hauling our garbage somewhere else; and some of the options would be to look at how can we extend our landfill if we control the birds adequately.
Council Member Hoff called for point of order, and asked for a cease fire with Mr. Bjerke and not call points of order upon each other for such minor things as council members engage in all the time, leaning to speak to another council member or talk to a member of the audience who has an issue, and that he will not call such points of order upon him if Mr. Bjerke not call them upon him because he feels it tears down the proceedings but feels he has made his point, and hopes Mr. Bjerke will respond. There was no response from Mr. Bjerke.
Amy Nelson, mayor of Manvel, stated that on this whole issue is that the whole idea of the Grand Forks re-siting their landfill has been very hit and miss in their communities and neighborhoods, not notified of hearings and the whole siting selection criteria was never fully explained to them, that they have people coming into their community telling them that the proper decisions were made and yet no explanation for any of these reasons, that they don’t understand the value of this particular site versus many other sites, including Grand Forks County, and are unaware of any other sites outside of Grand Forks County that may have ever been looked at. She stated that the siting process is difficult because of the setback rule, that they have people living across the street from the proposed landfill site, that Grand Forks has acceptable sites in their own community that are as acceptable and probably better sites and were excluded from the beginning because of setbacks the City has for its community, but yet a half a mile is okay for somebody and right across the street is okay for somebody.
Council Member Hoff called for point of order, that the parliamentarian rule upon himself as he violated Roberts Rules of Order by having discourse with Council Member Brooks. Mayor Brown noted and asked Ms. Nelson to continue.
Council Member Hoff called for point of order, that he has asked for a ruling from the parliamentarian, Mr. Swanson stated guilty as charged. Mayor Brown asked Ms. Nelson to proceed.
Ms. Nelson stated they were told that they are going to be the good neighbor because they also use this landfill, that a lot of communities use the landfill, communities in Minnesota and there are 130,000 residences that are supported by this landfill, Grand Forks as a city and community happens to be the largest one, there are a lot of other options that could be looked at and should have been looked at in the first place; that there are a lot of hard feelings in the outlying areas about the landfill issue and don’t think they’ve been treated fairly by the City of Grand Forks.