Council Minutes
17169
August 21, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 21, 2000
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, August 21, 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, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; absent: Council Member Burke - 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.
TABLE ORDINANCE CREATING THE GREENWAY
(RED RIVER RENAISSANCE) TO SEPTEMBER 5, 2000
Council Member Glassheim stated that the council tabled the ordinance creating the greenway, that there have been discussions and a different approach besides the ordinance method, and asked if they could move the ordinance from the table and to vote on it at this time.
Howard Swanson, city attorney, stated that before you could have the second reading of the ordinance you do need to meet a publication requirement, and his recommendation because the second reading was tabled indefinitely that if the council were to move to remove it from the table, place it on the agenda for the next meeting for final action. He stated that if the ordinance was not tabled to a date specific and not on the agenda, you need to procedurally remove it from the table, and his concern is that under ND law before you can act on the second reading of an ordinance, whether it be adopted or rejected, it needs to appear on the agenda for public discussion. Perhaps in this case if you defeat it, you won’t have any consequences, but that’s not a judgment call he can make, can only advise that under the NDCC there is a requirement for a published agenda.
Council Member Glassheim moved to remove it from the table and table it to the next meeting, September 5, 2000; Council Member Christensen seconded the motion. Carried 13 votes affirmative.
RECEIVE AND FILE MATTER OF APPLICATION FOR
MOVING PERMIT TO MOVE RESIDENCE TO 1527
CHESTNUT PLACE
It was reported that the matter of the application for moving permit by Gary Robertson to move residence from Edmore, ND to 1527 Chestnut Place had been pulled by the owner of the building. It was moved by Council Member Glassheim and seconded by Council Member Lunak to receive and file the matter. Carried 13 votes affirmative.
REPORT OF BOARD OF BOARD OF ADJUSTMENTS
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, August 3, 2000, that notice had been published as required and that the following appeals were heard: 1) Marsonda M. Schroeder, 1028 Belmont Road, request for variance to the accessory building and impervious surface area coverage requirements in order to build a three season sunroom and detached garage addition. variance approve to allow an increase of the impervious surface coverage to 55% in order to build a garage addition, driveway and sunroom addition; 2) Jeff and Sheila Massie, 1826 12th Avenue North, request for variance to the impervious surface area coverage requirement in order to build a detached garage, variance approved to allow an increase of the impervious surface coverage to 51% in order to build a new garage; 3) Myles and Claudia Anderson, 1438 South 17th Street, request for variance to the front yard setback requirement in order to build an addition to the front of the house, variance approved to allow a front addition to extend beyond the average of the prevailing front yard pattern in order to build an addition to the front of the house; 4) Yvonne Gomez-Eberhardt, 205 Plain Hills Drive, request for variance to the sideyard setback requirement in order to build an addition to the side of the house, variance approved to allow a 4-foot side yard setback on the west side in order to build an addition to the house; 5) Donald Miller, 2204 2nd Avenue North, request for variance to the accessory building requirements in order to build a covered patio addition to the existing detached garage, variance approved to allow side yard setback of 0 ft. to the alley to match the existing garage and 2.5 ft. side yard setback for the west side of the existing garage in order to build a covered patio over the garage driveway; 6) Keith Danks, Jr., 2004 DeMers Avenue, request for variance to the rear yard setback requirements in order to build a new building, variance approved to allow a rear yard setback of 0 ft. to the railroad right of way in order to build a storage/office building; 7) Bruce Lessard, 621 28th Avenue South, request for variance to the second front yard setback requirement in order to expand existing attached garage, request held indefinitely at the request of the applicant; 8) Corey and Peggy Vreeland, 1419 Chestnut Street, request for variance to the impervious surface area coverage requirement in order to build a detached garage, variance approved to allow 44% impervious surface in order to pave a rear driveway to an existing garage.
It was moved by Council Member Lunak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No. 00-14, dated August 21, 2000, and totaling $1,050,259.85, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Lunak and seconded by Council Member Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Beyer, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.
REFER ITEMS BACK TO COMMITTEE
Mayor Brown asked if there were any items that the council wished to send back to committee for further consideration.
It was noted that the item relating to the matter of contract for administrative coordinator was held in committee.
APPROVE MARKET ANALYSIS STUDY
Committee No. 1, Finance, reported having considered the matter of market analysis study, and recommended to approve the action of the Market Analysis Committee that the salary ranges for the City of Grand Forks are -8.0% below the market and that it be referred to the Budget Framework Committee. Also that the study recognizes there are various positions which are at least -15.0% below the market and may be “at risk” and recommended these be referred to the Civil Service Commission for review and further study. In addition, the committee would like the city council to consider a contingent market pay range for those positions to be considered “at risk” and refer those issues to the Civil Service Commission for development of a plan and then return to the finance committee for review and action by the city council.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE RELATING TO THE ISSUANCE
OF RESERVE REVENUE BONDS TO FINANCE ADDITIONS
AND IMPROVEMENTS TO THE MUNICIPAL WATER, SEWER,
STORM SEWER AND SANITATION UTILITY
Committee No. 1, Finance, reported having considered the matter of various bond issues for the city - sales dates and Utility Reserve Revenue Bonds ordinance, and recommended approval of first reading to the Utility Reserve Revenue Bonds ordinance.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “an ordinance amending Section 2-0901 of Article 9 of Chapter 11 of the Grand Forks city Code relating to the issuance of reserve revenue bonds to finance additions and improvements to the municipal water, sewer, storm sewer and sanitation utility”, which was presented, read and passed on its first reading.
APPROVED FUNDING FOR SENIOR CITIZENS
TRANSPORATION SYSTEM FOR INTERIM PERIOD
Committee No. 1, Finance, reported having considered the matter of senior citizens transpiration system, and recommended to provide $10,000 to the Senior citizens from the General Fund cash carryover to carry them over so council can review the financial information.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Bjerke stated he was opposed to a short term fix, that they are not looking long term and concerned about our current public transportation system, and concerned that now looking at increasing an area that we need some efficiencies worked out, concerned that this has been in the private sector for 12 years and contemplating taking over long term, the program is not means tested and should wait until we see the entire plan of the transportation system, that management could look at polling their organization as to what they do want for the money they have, look at alternative funding sources from the private sector, and concerned that adding another service to the city.
Roger Foster, manager, public transpiration system, reported that the special meeting will be held on September 6 at 7:00 p.m.
Clyde Varnson, Nodak Radio Cab Co., presented communication to council members relative to his opinion as a private sector vendor for dial-a-ride, that we have one system yet the private sector has a lot more expense in column than the seniors do, and that we need to look at the entire system, not just the seniors. He stated that the senior citizens cannot use the bus system, that disabled people that qualify for dial-a-ride pay $2.50 for their ride, while the seniors go for free.
Alice Hoffert, 2120 9th Avenue North, president of Board of Directors of the Senior Citizens Center, stated this has been a difficult issue for the senior citizen center, that they have provided what should be matter of public sector concern rather than private sector concern but have been able to do that over the course of the last 12 years through a variety of means of funding and tremendous contributions from private individuals, as well as federally funded programs and state funded programs. The difficulty has become one in which the sources of funding have been reduced, that they do have a city which has made a previous commitment to a quality public transit service but have not provided adequate transportation for very important, fragile part of the population, that should be a city issue; that if we have a public transportation system and these are members of the public that are not being served. She questioned whether the senior citizens center budget services be balanced on the backs of the seniors and if this is not a public policy issue and concern and public matter; that the funding that’s being asked for is to meet basic human needs and this city has a need for transportation (for medical appointments, for taking seniors to either the senior center or other meal sites for meals); that they are talking about transportation for a fragile part of our population, and part of population that’s not able to use the current public transit system the way its been established.
Jack Frisch, 1335 South 18th Street, spoke in favor of the bus system for the senior citizens.
Council Member Brooks reported that the Senior Citizens reps. brought finance statements to the finance committee meeting and their motion was to provide $10,000 to allow the finance committee time to look at the financial information and this matter will be on the finance committee agenda for September.
Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE OVERTIME PLAN FOR EMPLOYEES
Committee No. 1, Finance, reported having considered the matter of overtime plan, and recommended that the five-phase draft plan for overtime along with looking at positions to be reviewed for exemption be referred to the city auditor, director of human resources and city administrator to come back with a report in the future.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Lunak reported that the committee had reviewed the matter of the overtime plan - that they reviewed the former overtime policy with several changes and that they will be enforcing the policy to reduce the overtime and make somebody accountable, will pay overtime if justified. He stated that they are reviewing the matter of including additional positions in the exempt status.
Council Member Hamerlik stated that this matter was to be held in committee with referral to the city auditor, the human resources director and the city administrator, and to report back to the committee in the future, and that Mr. Gordon, Human Resource, stated they would have this back in October.
Officer Roger Pohlman, employee representative for the Grand Forks Police Department, stated since meetings began he has only heard the wide-spread abuse of the overtime budget, and addressed some concerns: that according to the market analysis study police officers (including benefits) are below the market average; and questions have arisen as to how the policy will affect the police department. He stated he is not aware of any abuse in the police department; and asked as they were implementing this program if they could have representation and if anyone with law enforcement background helping to make determinations on how overtime is handled in a law enforcement area.
Carol Diamond-Gerszewski, 807 Great Plains Court, city employee and steward for ASME Local 148, stated she was concerned about the overtime policy, that many employees have never seen it or read it, that she would like employees to receive a copy of it and do some feedback on it before it’s voted on and requested that they delay and give employees chance to see the policy; that she is concerned about accountability, that if there are some inconsistencies in some individual department’s overtime glad to see it checked out, but doesn’t like to see a blanket policy that affects all city employees because most are trying to keep their overtime in line.
David Kresl, 3005 West Elmwood Drive, representing Wastewater Department, stated that he has not had the option of scheduling overtime as their overtime comes from emergency situations, but disagreed with policy re. extension of workday for emergency situations.
Dan Gordon Human Resources director, stated this is a procedural matter, that he, the city auditor and city administrator will meet with all the departments so that everybody is very clear and everyone knows what the rules are; want to make a system that is justified and accountable. He stated that in 1997 all the rules were thrown away but three years later need to come back.
This matter was held in committee, with no vote on the matter.
ADOPT RESOLUTION OF NECESSITY FOR FLOOD
PROTECTION DISTRICT 14, PROJECT NO. 4704
Committee No. 1, Finance, reported having considered the matter of resolution of necessity for Flood Protection District No.14, Project No. 4704, and recommended adoption of a resolution of necessity for Flood Protection District No. 14, Project No. 4704, to issue bonds for a portion of the special assessments.
It was moved by Council Member Hamerlik and seconded by Council Member Bjerke that this recommendation be and is hereby approved, and that the resolution of necessity be adopted.
The city auditor reported that this is part of the funding project for the entire flood protection project, including English Coulee Diversion, acquisitions that are necessary and the diking along the Red River, when the project was first established they established three ways to pay for the project, partly a general obligation bond, and also using sales and use tax, and the resolution of necessity is put in place so that we can fund and bond a portion of it under the special assessment area. He stated that this year we are selling $9+ million dollars of special assessment bonds, and by the time finished with this project we will fund enough to fund $39 million under the special assessment area (actually $52 million), $12 million funded out of the general obligation bond debt and $12 million from sales and use tax. He reported that they will be levying the assessment starting in the year 2001 and first payment due in 2002; that the special assessment district was established a year ago (June 21, 1999), that benefiting of cost will be done prior to levying the assessments next year, however, should have that accomplished within the next month after meeting with the Special Assessment Commission of their determination of how it will be done, and Special Assessment Commission has complete authority on how to establish the benefits; individual properties can be changed if assessed incorrectly under the benefit as established by the Special Assessment Commission.
Carried 11 votes affirmative; Council Members Lunak and Christensen voted against the motion.
Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8023 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Bjerke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Klave, Babinchak, Bakken, Kreun, Martinson - 11; voting “nay”: Council Members Lunak, Christensen - 2. Mayor Brown declared the motion carried and the resolution adopted.
DENY REQUEST FOR REDUCTION IN SPEED LIMIT IN
ALLEY BETWEEN UNIVERSITY/2ND AVENUE NORTH AND
BETWEEN WASHINGTON STREET/NORTH 12TH STREET
Committee No. 2, Public Safety, reported having considered the request to reduce speed limit in alley and signing between University and 2nd Avenue North and between Washington and North 12th Street, and recommended denial of reduction of speed limit.
It was moved by Council Member Martinson and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUESTS FOR VARIANCES TO THE NOISE
ORDINANCE BY VARIOUS UND FRATERNITIES
Committee No. 2, Public Safety, reported having considered the request for variances to the noise ordinance by various UND fraternities:
a) Sigma Chi Fraternity - approve variance on August 25-26 until midnight, August 27 until 11:00 p.m. and September 1 until midnight.
b) Alpha Tau Omega Fraternity - approve variance on August 27 until 11:00 p.m. and September 1 and 2 until 12:00 midnight.
c) Delta Upsilon - approve variance for August 25-26 and September 2 until 12:00 midnight
d) Sigma Nu Fraternity - approve variance for August 25 and 26 until 12:00 midnight
e) Pi kappa Phi - approve variance for August 25 and 26 and September 2 until midnight
f) Sigma Alpha Epsilon - approve variance for August 27 until 11:00 p.m., August 25, 26 and September 1-2 until midnight.
g) Beta Theta Pi - approve variance for August 25-26 and September 1 until midnight
h) Lambda Chi Alpha - approve variance for August 26 until midnight
i) Phi Delta Theta - approve variance for August 25 until midnight
j) Sigma Phi Epsilon - approve variance for August 25-26 and September 1 until midnight
It was moved by Council Member Martinson and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE AGREEMENT WITH UND COLLEGE OF
NURSING FOR COMMUNITY HEALTH CLINIC
Committee No. 2, Public Safety, reported having considered the matter of agreement between UND College of Nursing and Health Department for period August 12 to December 15, 2000, for teaching of a community health clinic, $7,500.00, and recommended approval contingent upon city attorney’s review.
It was moved by Council Member Martinson and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE BUDGET AMENDMENT
A request for amendment to the budget by Community Disease (Health Department) in the amount of $7,500.00, to reflect additional funding from the UND College of Nursing, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Babinchak that this budget amendment be and is hereby approved. Carried 13 votes affirmative.
APPROVE FUNDING FOR CORPS DESIGN WORK OF
COMMUNITY GREEN, PROJECT NO. 5189
Committee No. 3, Public Service, reported having considered the matter of Community Green Betterment, USACE Recreation Features Project, Project No. 5189, and recommended to authorize up to $50,000.00 for corps design work of the community green.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved,
Council Member Bjerke stated that they are looking at a potential spending of $5 million in betterments for the greenway project and those funds will be paid by the taxpayers of the city, concerned that looking at spending $30 to $50,000 to design the project and not good use of the money, have an obligation to the taxpayers to be frugal and concerned about funding the fringes before looking at public safety.
Charles Grotte, asst. city engineer, reported that the $50,000 is their estimate of services to prepare the plans and specifications for that particular element to the greenway, that the $300,000 plan is a concept level but the $50,000 will pursue this as a betterment along with the construction of the levee sections downtown and incorporate the area from the river to the levee and incorporate that, landscape it, provide some trails, and the $50,.000 will prepare the design of that area - where trails go, what made out of, put out for contractor to bid. He stated that the total cost of the project for the downtown phase is $500,000 which includes the $50,000. He stated that the Corps of Engineers will be overseeing the design and would be incorporated into the design they are negotiating with Stanley Engineering for the first phase of the levee.
Mr. Grotte stated that it’s up to the City what we want to see in the community green, Charles Flink prepared a concept, that the Corps would continue to develop that concept, and at some point in time will have detailed information for review, and that there can be adjustments or changes to that. He stated that the City would have input if the council wishes to review it.
Council Member Kreun stated that in order to have the greenway, the Corps of Engineers required that this has to be built in this manner, and part of the money that is put into that has to be matched by the City, and part of the requirements of the Corps of Engineers to come in and do the greenway, etc.
It was noted that of the $500,000 for the community greenway, 10% goes for this design, and a question of where the money is coming from for this part of the betterment. Mr. Grotte stated that specifically for this project, the majority of it was from the City funds and hope to get some private funding, that they did get some money through the Rotary Club. He stated this is being built in conjunction with the dike in that particular location, that the Corps will be building levees downtown next summer and this will be built in conjunction with the Corps, and as far as actual funding for this - we have budgeted $4 to 5 million for greenway betterments being paid for by the citizens of Grand Forks; and the source for this particular project had estimated $400,000 from the City and $100,000 from private sources, and so far have not been able to establish a governance agency or management scheme that we can work with to be able to go out and solicit funds (have unsolicited $30 to $50,000 from the Rotary Club) and no funding from anybody else because haven’t had the opportunity to do that.
After further discussion and upon call for the question and upon roll call vote, the following voted “aye”: Council Members Glassheim, Klave, Babinchak, Bakken, Kreun, Hoff, Hamerlik - 7; voting “nay”: Council Members Gershman, Lunak, Christensen, Martinson, Brooks, Bjerke - 6. Mayor Brown declared the motion carried.
RECESS
Mayor Brown called for a 10-minute recess at 9:05 p.m. The meeting reconvened with all members present.
Council Member Gershman moved that the Grand Forks city council respectfully request of the Army Corps of Engineers that they send out three requests for proposals of landscape architects for this portion of the betterment. Council Member Christensen seconded the motion.
Mr. Grotte stated that the City of Grand Forks has not taken bids on professional service and that the Corps of Engineers does not take bids on professional service, that they go through a selection process based on qualifications and experience and select the firm they think is most fit to do the job. Council Member Gershman stated that they have not just one, but a number of engineering firms, number of architectural firms that they work with, and if that’s the case then the motion is to respectfully request of the Army Corps to do that, they can deny if they want. Mr. Grotte stated that is correct that there are several different consultants opening contracts, however, they have selected Stanley Engineering to do this job, and it is his understanding that if we want to have this betterment included as part of the project, Stanley Engineering would design that portion of it rather than have Stanley do the levees, closures and have another entity do the community green; ask that they could do that, but doubts that they would. He stated that the Corps works with contractors, have hourly rates established with the consultant and get a very detailed breakout from the consultant on how many hours they are going to spend on various parts of the design, that the Government prepares their own estimate on how long they think the design should take, look at both of those, and negotiate, that they are not going to give Stanley Engineering $50,000 because we approved up to that amount, that they would negotiate and allow us to negotiate with them on that particular part of it if we desired to do that and that would be a better motion - is to allow City staff to negotiate with them on that particular part of the contract, but not sure willing to go to a three-party bidding process. Council Member Gershman and Christensen changed to their motion to have the City be involved in the negotiation to hold the cost down.
Council Member Christensen stated that the community green is envisioned as an extension of the Town Square Park which has already cost us $1.3 or $1.4 million and would provide a relaxed park setting adjacent to the downtown, dominated by large shade trees meandering pass and riverside trail; the green would be terraced so that several gentle slopes, groomed grass panels would extend to the riverfront, these panels would be supported by low rock retaining walls; and questioned that’s a half million dollars. He stated we need to be somewhat conservative, there are areas where we could look to be somewhat conservative.
Upon call for the question on the amendment the motion carried 13 votes affirmative.
Upon call for the motion as amended and upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE RAISING FLOODWALLS ABOVE CURRENT
DESIGN, RAISE ROAD CLOSURES AND STORMWATER
GATEWELLS (FLOODWALL HEIGHT BETTERMENT)
Committee No. 3, Public Service, reported having considered the matter of floodwall height betterment, USACE Flood Protection Project, and recommended to approve the proposed betterment to raise the floodwalls three feet above the current design, to raise the road closures and stormwater gatewells, that the funding for this item be taken from the geotechnical funding indicated in the amount of $3,305,868.00.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved.
Mr. Grotte stated that the motion would increase the height from roughly 59 to 62 feet, adding 3 feet to the height of what the Corps has designed for.
Council Member Glassheim stated he is hesitant about this issue, one is financial and that the original design there was discussion as to not going much above 10.5 for the dike structures, that he wasn’t sure if this was a legitimate change or an over-cautious but does provide greater protection in areas that you can’t raise by putting sandbags on top, and question if whether worth the $3 million to incorporate raising the protection level. Mr. Grotte reported that if this weren’t done was to pile clay behind the floodwalls on dry side, huge amount of clay and concern with doing that is that there is 12 miles of levee that need to be raised and 2 miles of floodwalls and whether there would be enough time to attempt to do that, and that’s what drove their concern and decision to forward this recommendation.
Upon call for the question and upon roll call the following voted “aye”: Council Members Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson, Bjerke, Hoff, Hamerlik, Glassheim - 12; voting “nay”: Council Member Brooks - 1. Mayor Brown declared the motion carried.
APPROVE EASEMENTS FOR WATER TRANSMISSION
LINE, PROJECT NO. 4648.2
Committee No. 3, Public Service, reported having considered the matter of easement for water transmission lines, West Section Phase I, Project No. 4648.2, and recommended to approve entering into easement agreements at $1.00 each with easements to show change in mayor. (Easements from the Grand Forks Growth Fund, the Grand Forks Region Economic Development corporation, Butler Machinery Company, Market Place West, Inc., Keith Danks, Sr. and Agvise Laboratories).
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PRE-QUALIFICATIONS FOR BIDDING,
RAW WATER PROJECT NO. 4769
Committee No. 3, Public Service, reported having considered the matter of horizontal direction drilling contract pre-qualification, Raw Water Intake, Project No. 4769, and recommended to approve request.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS, PROJECT NO.
4809, RELOCATE SANITARY LIFT STATION NO. 1
Committee No. 3, Public Service, reported having considered the matter of plans and specifications to Relocate Sanitary Lift Station #1, Project No. 4809, and recommended to approve plans and specifications.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS , PROJECT NO.
4810, RELOCATE LIFT STATION NO. 5
Committee No. 3, Public Service, reported having considered the matter of plans and specifications to Relocate Sanitation Lift Station No. 5, Project No. 4810, and recommended to approve plans and specifications.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved Carried 13 votes affirmative.
ADOPT RESOLUTION FOR STATE REVOLVING LOAN
APPLICATION, WASTEWATER TREATMENT FACILITY,
PROJECT NO. 4371
Committee No. 3, Public Service, reported having considered the matter of resolution for State Revolving Loan application, Wastewater Treatment Facility, Project No. 4371, and recommended to approve the resolution and authorize the appropriate officials to sign the resolution.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
RECEIVE AND FILE MATTER OF RAILROAD BRIDGE
Committee No. 3, Public Service, reported having considered the matter of railroad bridge and attempt to set up internet site to market bridge, and recommended to receive and file.
It was moved by Council Member Glassheim and seconded by Council Member Klave that this recommendation be and is hereby approved.
Council Member Hoff stated that there are a lot of ideas being discussed; and that he had suggested setting up a web site and that’s what this proposal was about, and he was thinking in terms of ways to save the bridge if it had to be moved, and save it that way by marketing it somehow.
Council Member Gershman stated he has some concerns about how this was handled and wanted to address that. He stated he had received the copies of the correspondence from the Army Corps as to when they notified the City about the 500% increase in the cost of removal of that bridge, the letter is dated July 12, 2000, and understands that the Army Corps lets the bids, but his concern is that knowing this was an extremely sensitive issue in the community and receiving the information from the Army Corps (that Mr. Grotte had a phone call prior to the letter) that the figure was higher, and that he feels in the interest of the community where there is so much interest in trying to save this bridge that he would have appreciated this coming through a committee or being reported in the flood reports. He stated that Barr Engineering is now looking at this to see if it’s possible to raise the bridge and if their estimate on the high end is actually that high, that he is interested in getting some independent estimates from contractors who have experience in bridge removal and raising of bridges. He stated that the Corps has let the contract on this and then notified the City; and that if they break a contract that there are damages that they are going to have to pay, but need an honest look at this going forward. He stated there are two other issues that he has concern, and would like to suggest to the Mayor’s Office that these things be corrected; that the letter dated July 12, 2000 from the Army Corps of Engineers does not have a received date on it, and that all departments should begin to stamp when information received. He stated that in a lot of correspondence that he’s been getting it comes without a date, and asked that information be dated.
Council Member Kreun listed some of the discussion points that they’ve had in discussion with Mr. Grotte and Mr. Vein: the existing bridge at it’s current elevation impacts the water surface profile by one-half foot; both city councils decided early on that the design of the project should be based on the removal of the bridge; existing levee designs take into account the impacts of all the remaining bridges, that if the bridge were not removed or relocated it would have a substantial impact on the new levee and that East Grand Forks has already built and could seriously impact the design of the remainder of the project; current engineering solutions call for the removal of the bridge; the optional solution would involve raising of the bridge above the proposed levee heights; Barr Engineering is looking at a pre-feasibility type evaluation of what it would take and how much it would cost to raise the bridge, and currently the existing bridge is already under contract to be removed with the pre-construction conference completed and construction scheduled to start before the end of the month, there is some possibility that it may take longer to start the demolition; that they believe it is in both cities best interest to have a separate pedestrian bridge downtown and that it may be a high water crossing and not a low level crossing so that if there is a particular issue as far as riverboat could come underneath it; to delay the current construction contract, that it is a legal issue that has monetary impact and a process that may include getting injunction on the project, something they would have to take and carefully review the consequences. He stated those are the issues they are bringing to the public service committee on the retention of the bridge and demolition of the bridge.
Lonnie Winrich, 606 South 4th Street, supported the remarks of Council Member Gershman with respect to the decisions about the bridge, that one of the frustrating things for those who would like to see the bridge remain in place, is that the cost estimates have escalated by 500%, but that misinformation about the bridge has driven the decision processes of the council; that as coordinator for the Historic Preservation Commission until about 6 months ago, he was involved in many of those negotiations with council committees and participated in some of the decision making process. Many of the decisions of the council were based on what later were proved to be untrue, the original decision to remove the bridge was based on the assumption that the center pier caused a huge damming effect and greatly increased the flood elevations upstream from the bridge; that a subsequent study by the EERC which was verified by the Corps of Engineers with their own computer models, showed that was not the case, and the Corps has now agreed to leave the center pier in place, that the basic reason for removing the bridge in the first place has been abrogated, and now find out there’s a 500% increase in cost of removing the bridge, and the original cost estimate of the Corps was the driving factor in many of the decisions about whether or not it could stay in place, raised, etc. He stated that misinformation or errors in professional judgment by licensed professional engineers have driven decisions of this city council, and appreciates efforts to save money and taxes but also resents the fact that the council has been misled on this particular issue.
There was some discussion as to who had the floor to speak. Mr. Swanson, city attorney, stated that the mayor has the right to recognize the speakers, council members do not have the ability to unilaterally yield their speaking order or right.
Connie Tripplet spoke about the potential impact of the bridges on the flood level and wanted to remind
council members that the basis height of these levees was a negotiated height, and has no real basis in fact, the Corps ended up using their own pre-existing models rather the actual flood that we had here in 1997, and ended up coming up with a particular height to work with, but the actual height of the dike is not based on any particular fact and when the Corps says that this bridge is going to make a three inch difference somewhere upstream and have to mitigate that, and should ask the question why, when the height of the dike is a made-up number.
Mr. Grotte stated that the City has not told the Corps to stop anything and are proceeding, and in
discussion with Barr Engineering requested that they provide us something by Thursday as far as a cost estimate of raising the bridge, etc., that once they receive that information they distribute it to the council. He stated that the Corps and the contractor are planning to remove the bridge starting some work on the 28th of August and that is the status now.
Gordon Isminger, 2420 9th Avenue North, stated that the council has decided to remove the bridge, that he wants to save the bridge because it’s a piece of history; that appealed to those whose common sense makes sense to try to save this bridge, on the basis of those who deal in business we need the downtown walk bridge for business, and need to save as a historic structure, and stated that we should do everything we can to maintain some of the historic structures that we already have.