Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 23, 2001
The city council of the city of Grand Forks, North Dakota was called to order during the committee of the whole meeting in the council chambers in City Hall on Monday, April 23, 2001 at the hour of 9:45 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim (on telephone system), Christensen, Klave, Kerian, Kreun - 11; absent: Council Members Lunak, Bakken, Martinson - 3.
APPROVE FIRE DEPRTMENT FEMA FIRE GRANT
APPLICATION
The staff recommendation from the fire department relating to the Fire Department FEMA fire grant application request, with recommendation to allow Fire Department to apply for capital grant from the FEMA Fire Grant Program (1. Apply for $107,000 for fire resistive station clothing (to meet national consensus safety standard that we have been unable to meet), with all suppression personnel to be outfitted in shirts, pants and safety footwear - match proposed using annual budget dollars); 2) Apply for $108,000 for smoke detector program to distribute and install (where necessary) smoke detectors in all single family homes built prior to 1980, 9000+ homes of this nature in the city - match proposed using department carryover funds; 3) apply for $75,000 for a personnel accountability system (electronic device which monitors all fire personnel on an emergency scene), currently using cow tags and audible alarms, match proposed using department carryover funds; all that is required is that we make our books available to Office of Management & Budget for 3 years so they can perform an audit.
Fire Chief O’Neill reported that they are going to be removing section 3) from the request as there are 6 categories but applicants are limited to applying in two categories and thought that two sections were for the same personnel protective equipment but after reviewing the grant that this section falls under the category of fire fighting equipment. He reported that the fire department has $86,729.08 in its current cash carryover and if apply match of $10,800 to the grant for the smoke detectors would leave $75,929.08; that the match of the station uniforms would be funded out of the annual budget, they have $6,000 set aside for uniforms in 2001 and our share would be approx. $10,000 but if were to get all the station uniforms it would pay for many years of budget in the future, and would show a cost savings over several years.
There was some discussion as to uniform wear, that fire resistive wear lasts longer than what currently buying but not sure how long it’s going to wear. He stated the new fire resistive wear has gone through many years of improvements and newer blends are a better cloth and lasts longer; it is more expensive ($70-75/shirt and same for pair of trousers).
There was some discussion relating to the grant for the smoke detector program; Chief O’Neill stated they would put on-duty firefighters out canvassing areas to see if property owners wanted them, that this would be a volunteer program where people would accept smoke detectors, would try to target the high risk population which is children 14 years of age and under and seniors 65 and older) install in hallways and bedroom areas - that the City of Grand Forks has increased in size over the past several years our forces have not and any advantage we can gain by a quicker response, feel can save lives.
Council Member Bjerke asked if they felt that was more important than having the personnel accountability system; Chief O’Neill stated he is looking forward to next year when there will be more monies made available by the federal government where they can apply for another grant, but the accountability system is not technologically where they want it yet; currently it will only tell you that one of the firefighters is on scene living and breathing but still don’t know the location and waiting for the accountability system to come out that will give them a homing device or GPS where actually find the location of that firefighter when he goes down; that they now have devices on our airpacks so that when someone goes down there is an audible alarm that sounds and probably 90 to 100% of cases will hear that alarm, but will be looking in the future at something better.
Council Member Brooks called for the question, Council Member Christensen seconded the motion. Carried 11 votes affirmative.
It was moved by Council Member Brooks and seconded by Council Member Christensen to allow the Fire Department to apply for capital grant from the FEMA Fire Grant Program.
Council Member Bjerke moved to split the question; the motion died for lack of a second.
Upon voice vote the motion carried 10 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 5200,
2001 FLOOD PREPARATION
The staff recommendation from the engineering department relating to consideration of Change Order No. 1, City Project No. 5200, 2001 Flood Preparation, with recommendation to approve Change Order No. 1 to City Project No. 5200, 2001 Flood Preparation contract in the amount of $415,792.23 with Gowan Construction, Inc.
Al Grasser reviewed Change Order No. 1 for approx. $416,000, which covers most of the local cost for installing clay dikes during the emergency floodfight and allocation for some of the take-down, that this won’t be the last change order on the take-down and these are preliminary estimates.
Council Member Burke questioned funding for the change order; the city auditor stated payment would be from reserves and excess sales tax dollar line item, and hopefully still have possibility of being declared a national disaster area so get assistance from the federal government. He also stated we can use cash flow to cover it and change that later.
Council Member Stevens asked for estimate of balance; Mr. Grasser stated we’re using the $3 million figure, that the Corps has spent in the neighborhood of $300,000 and some of that comes off the $3 million and until take clay off and see if there are other damages to the streets and sidewalks underneath, and are doing to re-utilize the clay as best as possible, received requests from property owners to do some temporary diking in backyards and how much and heights, etc. He stated they haven’t included anything for asphalt or sidewalks or concrete street repairs; that it is his intent to try to do as many repairs as can under our existing asphalt and concrete street repair projects - will prioritize those repairs first and keep track of those separately because it may result in the need to do change orders to our asphalt and concrete street repair, and means there are some other things that won’t get done, but do in an attempt to hold our total costs down. He stated there are several exceptions, that if for some reason we use CDBG money, would have to go out and rebid that as a separate contract in order to get all the CDBG requirements in there, not very practical because take so much time to go through bidding process; that if we are declared an emergency under presidential declaration, might have to rebid it.
Howard Swanson, city attorney, questioned why this was being submitted as a change order for action tonight as opposed to being approved under the emergency declaration. Mr. Grasser stated that while it was on the agenda tonight, it was better to get it approved because some of the take-down work we are doing does get into dollar amounts beyond what we originally had, could do it under the emergency declaration, but better to present it and get approval tonight. There are no time limits except that the longer we wait the more in arrears the approval will be to the work that has actually been done; and will be doing a lot of that work this week and by the time it goes to council next week, it would be after the fact approvals. Council Member Hamerlik questioned if there were any reasons not to do, if jeopardize funding in the future. Mr. Swanson stated it would not that he was aware of, was asking question because the council at its last meeting extended the emergency power, why weren‘t utilizing that.
Council Member Brooks stated he thought it would be better to hold until all the costs are in, and not have a change order approved and have the appearance that we had approved our emergency expenditures, would rather wait until all costs complete. Mr. Grasser stated they can do that but hesitant to do so because our actual clay hauling and repair will probably take us a couple months, may not have all of the costs until later this summer and not sure of legalities of the emergency declaration.
It was moved by Council Member Christensen and seconded by Council Member Klave to approve Change Order No. 1 to City Project No. 5200, 2001 Flood Preparation Contract in the amount of $415,792.23 with Gowan Construction, Inc. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.
INTRODUCE ORDINANCE AMENDING THE STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF BIRKHOLZ
7TH ADDITION, AND SET PUBLIC HEARING
The staff recommendation from the Planning and Zoning Commission relating to the matter of an amendment to the city council staff report dated February 20, 2001 to include the following recommendation from the Planning and Zoning Commission as it relates to final approval of a plat of Birkholz’s 7th Addition to the city of Grand Forks to include final approval of the ordinance amending the Street and Highway Plan, with recommendation to amend the Planning & Zoning Commission’s recommendation to include final approval of an ordinance amending the Street and Highway Plan, City of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz’s 7th Addition to the city of Grand Forks, North Dakota, introduce the ordinance and set a public hearing for final approval of the ordinance on May 7, 2001.
Dennis Potter, City Planner, reported that when the subdivision came through the first time into the Planning Commission and the city council, that at the city council level the ordinance to amend the Street and Highway Plan was not introduced and to correct that, coming back this evening asking to amend the Planning and Zoning Commission’s action, introduce the ordinance to amend the Street and Highway Plan to allow for the dedication of the rights of way in Birkholz 7th Addition, introduce it this evening and hold your public hearing.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks to approve the staff recommendation and to introduce the ordinance and set the public hearing for May 21, 2001. Carried 11 votes affirmative.
Council Member Hamerlik introduced 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 Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.
ACCEPT PETITION FOR VACATION OF ALL OF SOUTH
17TH STREET AND THE UTILITY EASEMENT LYING WEST OF AND ADJOINING THERETO AS PLATTED IN PLAT OF
ULLAND PARK FIRST ADDITION, EXCLUDING ANY
PORTION OF THE INTERSECTING 47TH AVENUE SOUTH
R/W AND SET PUBLIC HEARING
The staff recommendation from the Planning and Zoning Commission relating to the petition from the Grand Forks Park District for approval to vacate all of South 17th Street and the 10-foot wide utility easement lying west of and adjoining thereto, as platted in the plat of Ulland Park First Addition, Grand Forks, North Dakota, excluding any portion of the intersecting 47th Avenue South right of way, with recommendation to schedule public hearing according to state law and approve subsequent to public hearing.
Mr. Potter reported that when this item was originally approved by the Planning and Zoning Commission in 1998 it was scheduled for a hearing before the city council and for whatever reason it did not appear on the agenda and the public hearing was not held, and when it came time to make the recordings dealing with the vacation, it was found that the public hearing had never been held, and are asking that they set the public hearing for June 4 to complete the vacation process.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 11 votes affirmative.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we do now adjourn. Carried 11 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor