Council Minutes
17747
September 4, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 4, 2001
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, September 4, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; absent: Council Members Klave, Bakken, Martinson - 3.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
FLOOD REPORT
Al Grasser, city engineer, briefly reviewed the monthly flood report:
Technical Work Update from the Corps of Engineers: Draft technical review for Phase II levee and floodwall design occurred last Thursday in St. Paul, and this was first submittal for the Phase II drawings and connection with the DTR for floodwalls. Two neighborhood meetings will be provided for review and comment (one held last week, August 30) and second meeting this, Thursday, September 6.
Phase I levee project - Nodak Contracting was issued a notice to proceed on July 18, this notice established a contract completion date of May 9, 2003, a pre-construction conference was held on July 31, 2001; and they are reviewing shop drawings for lift stations and plan to start in about 2 weeks and have some paperwork yet to go on safety plan for approval and demolition plan for Almonte Nursing Home; that they are planning to start in the Lincoln area and first task to demolish the Almonte Nursing Home and taking down some dikes and starting the pump stations - they won’t be doing the lift station downtown until next year. Contractor expects to be substantially complete by the fall of 2002 with all work.
In asnwer to a question Mr. Swanson reported that the City does own the Nursing Home as a result of a Court order issued last February, we have not determined the ultimate value to be paid for it, a mediation session is scheduled for the 14th and 15th of November with a mediator from Bismarck, and if not successful in reaching an agreement, a trial date is scheduled for the third week of January, 2002.
Mr. Grasser reported that Phase I starts on north side of the golf course, the golf course dike is part of Phase II, but are planning to leave that open for one more golf season and taking that into timing in the next phase. He also noted that the City owns that and there is a leasing arrangement with the Park District.
He also noted the following construction updates:
Pioneer Construction, contractor doing riprap in Riverside Dam, that river has dropped low enough where they can get in and should start this month.
English Coulee Diversion project has been delayed several times, and because of council action last Monday of approving Columbia Road raise, a bid opening can be held at the end of this month, bid will exempt a couple of small pieces.
Gowan Construction is a bit behind scheduling on demolition of houses, there are 2 houses and 14 foundations due, and some of the delay was due to the windstorm on August 8 as Gowan Construction was the contractor that was working on debris removal, the contractor has begun work in the Lincoln area and is working his way south.
English Coulee pump station plans are complete (and English Coulee closure), bid opening occur first part of October and still hopeful that the station can be operational by the spring of 2003 runoff. Most of the storm water pumps and generators have been received and work is underway to acquire the pump radio control and monitoring equipment.
On August 20 the council approved the contract for the new raw water intakes, with that approval need to have concurrence from the State before we fully award the contract and the contractor expects to start within one month of notice of award.
City staff consultant updates and numerous utility relocations underway in the English Coulee project, United Crane and Excavating has completed relocating water and sanitary sewer lines in the Lincoln Drive area and is now working in the Olson Elmwood area, schedule of this work should be completed in mid-September.
Removal of streets in Lincoln and Riverside area basically is complete, additional work was added to the scope of contract to remove some of the streets in the Elmwood Drive area, that work will start shortly and completed over the next 6 to 8 weeks.
No updates on financing end; and acquisitions continue to be primary challenge in the project - getting properties identified, appraised and purchases going out.
In Phase II our goal is to have all the homes purchased, relocated and foundations demolished and backfilled by year’s end, and need to do some utility relocates yet this fall and that work has to be done by the City before the Corps can go in with their contractor.
Historical Properties - the Corps standard mitigation agreement requires 14 historic properties, one of those homes has been relocated, 2 demolished, 3 homes donated to non-profit group relocation to approved lots, proposals requested to relocate another house to an approved lot, and if no acceptable proposals are received, the house will be sold outright, and if that fails, house will be demolished. He stated concurrent with the Corps of Engineer’s agreement is the final mitigation of up to 6 CDBG homes, bids opened this month to move the houses to the dry side and final actual numbers of moves will depend on the prices received.
Interim flood protection plan - that he sent a memo out to council members a couple weeks ago to see if there was any interest in trying to fund some additional improvements in that area this fall, that he hasn’t received any comments to date and are running out of time if that is something we wish to pursue.
Southend update - had a special council meeting on August 30 to decide on the alignment, result of council action was to re-affirm the green line (Corps alignment).
Upcoming public meetings: There is a public input session on the Phase II design which will be held this Thursday, September 6, at 7:00 p.m. at Schroeder Middle School. He also noted that we will be sending out our first special assessment notices and those will be published twice in the newspaper at a cost of approx. $26,000 per publication, about 14,000 parcels and will also be getting individual letters at cost of approx. $10,000.
Council Member Kerian asked for discussion on the interim flood protection on a committee of the whole agenda; Mr. Grasser stated they could put that on as an agenda item.
Council Member Lunak asked if there were any regulations on houses once purchased them from the City, Mr. Grasser stated if they are historical properties there are some conditions that go with maintaining the historical nature of the property, and if he had a specific question they could get information back to him. Mr. Swanson advised that if the house is sold as an historical, there is an entire set of covenants that’s recorded against the property and the property owner is bound by that; if it’s a structure being severed from the land and sold, other than what normal regulations would apply to moving a house, there are no additional requirements on that; if property is sold, both land and structure, there are no additional requirements or obligations attached to that.
Council Member Christensen asked if houses that are moved are consolidated at Urban Development or if Engineering Department still has some houses that they are in the process of selling. It was indicated that all houses go through Urban Development Office. Council Member Christensen stated in reviewing the Code that a fence is supposed to be placed around the basements of houses that are moved until they are filled in, and asked what the process was to make sure we don’t have plastic fences around them for a period of time and that basements are filled in before November 1 and get into cold and freeze-up. Mr. Grasser stated that once the houses are moved, the Corps of Engineers takes over responsibility through their contractors to have the foundations demolished (and houses if they weren’t sold), and stated there is a completion date the contractor has to meet on this project; that we have provisions to make sure that work is done and also some provisions that give the contractor time to get the work done. He stated that some of these houses will still be sold in October, November and some ending up getting done late. Council Member Christensen stated he would like this put on as an agenda item for the next committee of the whole for some type of report so they know how the basements will be demolished, filled in and lots leveled.
Council Member Hamerlik reported that several weeks ago they were told that bids are RFP (request for proposal) and the bidders make their proposals and then up to committee and Urban Development to make sure that satisfies the needs, whether timetable or how the house is to be fixed up towards historic value, and there are a set of pre-requisites but stated and signed off by the bidder as well as the City. Council Member Lunak stated that a house had been moved to a neighborhood in his area and would like property owner to meet the requirements outlined; that other property owners have called him with complaints (1527 Chestnut Street). Mr. Grasser stated they could get the information on this property without adding it to an agenda.
Mr. Grasser reviewed Greenway update; that pedestrian bridges in the greenway and the non-motorized bridge study, the flood protection managers of Grand Forks and East Grand Forks requested in March that the MPO consider the alternate sites for the bridge; that the alternate study has been completed and recommends two sites: north of the Riverside Dam and southside near Elks Drive; that the long range transportation plan needs to be amended to include the alternate site as recommended in the study - public hearing dates have been set for both communities; City of Grand Forks will hold a public hearing to consider amending the plan at the September 17, 2001 city council meeting. Plan had been distributed to council members.
Downtown pedestrian bridge - City received $250,000 in TE funds to fund the bridge, that the U.S. Senate has secured $1 million of a $2 million TCSP Grant for the downtown bridge, that is insufficient to complete the bridge and the funding amount will be discussed at a conference committee between the House and the Senate in the near future; that the height location funding possibilities for the downtown pedestrian bridge will be brought back to the city council for further discussion once the City has more information on the TCSP grants. Council Member Gershman questioned the amount of the share for Grand Forks, that it was his understanding that City of East Grand Forks does not have additional money to put into the pedestrian bridge, and if we’re going forward with requesting our congressional delegation to go through the paces to try to secure money when possibility is there that we couldn’t build it, why are we continuing with that and whether grant money could be used for other purposes. Mr. Grasser stated there are some severe funding restrictions if we don’t get the full $2 million, the local funding does drop dramatically and could present challenges. He stated the grant was written for the bridge and trails, and if pedestrian bridge doesn’t materialize, thinks we could spend that money on doing trail improvements. He stated he would find answer to see whether City or MPO applied for the grant.
Mr. Grasser reported the Coordination Group discussed the special events permit and trying to develop one permit that everyone can sign off on and review for events as they come up and streamline that process. Representatives of the Red River Snowmobile Group are interested in having trails in the greenway as well as appropriate drop sites near the trail system for snowmobiles; discussions are continuing with the traffic engineer and when something developed, they will require city council approval
Christmas in the Park - the Lions Club is planning to hold an annual Christmas in the park event in the former Lincoln Drive neighborhood, first event planned to begin after Thanksgiving of this year and run through New Year’s Eve.
The next meeting of the Greenway Alliance is Monday, October 1, from 1:00 to 3:00 p.m. in the East Grand Forks City Hall.
UPDATE ON STORM DAMAGE REMOVAL
Todd Feland, public works director, reported that the County received an extension of the emergency disaster declaration from the spring flooding through the August 9 storm, and that we have 6 months in order to pick up our debris as far as the federal disaster declaration. He stated that through last Friday we have hauled approx. 8500 tons of brush and tree material (last year hauled about 4200 tons of brush and tree material). He stated they will have one last pass through the city starting next Monday, will hit all the areas but has not decided whether to use contractor resources or city crews. He stated there are two sites set up, one at public works facility and one near the Lincoln Clubhouse and will be open through mid-October for people that will be there for trees to be brought down but won’t make additional passes through the city, but ask that the contractor or property owner to place branches/brush that at one of those two sites. He stated the contractor is working in park and greenway areas. He stated that the federal disaster declaration includes an extension of our spring flood disaster which was a 75% federal match, 15% local and 10% State. He advised some caution re. digging in yards re. tree removal, to make sure they call for locates so don’t end up hitting water service or gas line, etc.
There was some discussion relating to disposal of brush and trees, Mr. Feland reported they have requested the State Health Department for a variance to burn the debris at the landfill, which would be the least expensive alternative of the two they’ve looked at - other grinding by a contractor coming in, and if approval granted burning would begin in November when probably have snow covering.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING PROJECT NO. 5266, DISTRICT NO. 582
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 581, Project No. 5266, paving Nordonna Circle. had expired on August 30, 2001, and that he had received no written protests.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Kreun introduced the following resolution as to protests which as presented and read: Document No. 8100 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that we do hereby find and determine an insufficiency of protests against Paving District No. 582, Project No. 5266, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5266, DISTRICT NO. 582
The city auditor presented and read tabulation of bids which had been received and opened on August 13, 2001 for Paving Project No. 5266, District No. 5812, paving Nordonna Circle, indicating that Aggregate Industries North Central Region, Inc., Grand Forks, was the low bidder based upon their bid in the amount of $58,919.20: Document No. 8101- Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5266, District No. 582, in the amount of $74,900.00, was presented and read.
The staff report from the Engineering Department relating to bids for City Project No. 5266, District No. 582, paving Nordonna Circle, with recommendation to award contract to low bidder, Aggregate Industries in the amount of $58,919.20.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8102 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Paving Project No. 5266, District No. 582, to Aggregate Industries North Central Region, Inc. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and contract awarded.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE TO 116 CONKLIN AVENUE
The staff report from the Inspections Department relating to an application for moving permit to move the house from 1402 Lewis Blvd. to 116 Conklin Avenue, with recommendation to approve the moving permit to move a house from 1402 Lewis Blvd. to 116 Conklin Avenue. The public hearing on the application was held during the committee of the whole meeting on August 27, 2001.
Mayor Brown called upon the audience to see if anyone was present who had comments to make on the matter. There were none.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that the City of Grand Forks (Office of Urban Development) be and is hereby authorized to move the building, subject to all repairs and alterations needed to bring structure to current code. Carried 11 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE TO 1624 NORTH 6TH STREET
The staff report from the Inspections Department relating to an application for moving permit to move the house from 1407 Lewis Blvd. to 1624 North 6th Street, with recommendation to approve the moving permit to move a house from 1407 Lewis Blvd. to 1624 North 6th Street. The public hearing on the application was held during the committee of the whole meeting on August 27, 2001.
Mayor Brown called upon the audience to see if anyone was present who had comments to make on the matter. There were none.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that the City of Grand Forks (Office of Urban Development) be and is hereby authorized to move the building, subject to all repairs and alterations needed to bring structure to current code. . Carried 11 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE TO 1614 LEWIS BLVD.
The staff report from the Inspections Department relating to an application for moving permit to move the house from 1518 Lewis Blvd. to 1614 Lewis Blvd., with recommendation to approve the moving permit to move a house from 1518 Lewis Blvd. to 16514 Lewis Blvd. The public hearing on the application was held during the committee of the whole meeting on August 27, 2001.
Mayor Brown called upon the audience to see if anyone was present who had comments to make on the matter. There were none.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved and further that the City of Grand Forks (Office of Urban Development) be and is hereby authorized to move the building, subject to all repairs and alterations needed to bring structure to current code. Carried 11 votes affirmative.
APPROVE APPLICATION FOR ABATEMENT AND
SETTLEMENT OF TAXES FOR 1999 AND 2000 FOR
PROPERTY AT 3550 SOUTH 42ND STREET AND 4401
32ND AVENUE SOUTH
The staff recommendation from the Assessing Department relating to applications for abatement of 1999 and 2000 taxes by Big Sioux Travel Plaza, Inc. on 3550 South 42nd Street (Lot C (Replat of Lot 1), Block 1, Columbia Park 22nd Addition), with recommendation to Board of County Commissioners that applications be approved as submitted; tax refund would be approximately $6,444.00 total for both years.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.
The staff recommendation from the Assessing Department relating to applications for abatement of 1999 and 2000 taxes by Big Sioux Travel Plaza, Inc. on 4401 32nd Avenue South (Lot A (Replat of Lot 1), Block 1, Colombia Park 22nd Addition), with recommendation to recommend to Board of County Commissioners that applications be approved as submitted, tax refund would be approximately $23,855.00 total for both years.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE GRANT AGREEMENTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH
The staff recommendation from the Health Department relating to Mycobacterium Tuberculosis (TB) ongoing screening grant agreement with the North Dakota Department of Health (#PF01-43, $5.000.00 7/01/01 to 6/30/02), with recommendation to approve on-going TB screening grant agreement with the North Dakota Department of Health.
The staff recommendation from the Health Department relating to Tobacco Prevention and Control Grant Agreement (#012-228, $58,824, 7/1/01-6/30/02) with the North Dakota Department of Health, with recommendation to approve Tobacco Prevention and Control Grant Agreement with the North Dakota Department of Health.
The staff recommendation from the Ryan White AIDS Financial Assistance Case Management Grant Agreement #L02-06 ($40,000, 7/1/01-6/30/02), with recommendation to approve the 2001-2002 grant agreement with the North Dakota Department of Health to provide Ryan White AIDS Case Management Services.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motions carried.
ACCEPT BID FOR PROJECT NO. 5201, 2001 LOOP
DETECTORS
The staff report from the Engineering Department relating to the bids for Project No. 5201, 2001 Loop Detectors, with recommendation to award unit price contract to low bidder, Nodak Contracting, Grand Forks, ND in the amount of $6,586.40.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and the contract awarded.
ACCEPT BIDS FOR PROJECT NO. 5229, UPGRADE
LIFT STATIONS 19 AND 25
The staff report from the Engineering Department relating to bids for Project No. 5229, Upgrade Lift Stations 19 and 25, with recommendation to award unit price contract to low bidder, Hobbs, Inc. for Schedule B - General in the amount of $397,344.00; and to award unit price contract to low bidder, Ron’s Electric, Inc. for Schedule B - Electrical in the amount of $249,575.00.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and the contracts awarded.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5229,
UPGRADE LIFT STATIONS 19 AND 25
The staff recommendation from the Engineering Department relating to the Amendment No. 1 to engineering services agreement with Webster, Foster & Weston for Project No. 5229, Upgrade Lift Station Nos. 19 and 25, with recommendation to approve Amendment No. 1 with Webster, Foster & Weston for construction administration engineering services in the amount of $60,420.00.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Kerian, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried and the contracts awarded.
APPROVE APPOINTMENTS TO PUBLIC LIBRARY
BOARD AND TO SPECIAL ASSESSMENT COMMISSION
The recommendation from Mayor Brown relating to appointments to the Grand Forks Public Library Board and to the Special Assessment Commission are as follows: Kenneth Dawes and James Hovey to the Library Board for three-year terms and Brian Poykko to the Special Assessment Commission for a six-year term, and asked for concurrence in these appointments.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to approve the appointments by Mayor Brown. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT
NO. 5024 ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Street Lighting Project No. 5024, District No. 132, is estimated to be $11,300.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8103 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT
NO. 5154 ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Street Lighting Project No. 5154, District No. 133, is estimated to be $20,700.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8104 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT
NO. 5155 ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Street Lighting Project No. 5155, District No. 134, is estimated to be $8,800.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8105 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT
NO. 5156 ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Street Lighting Project No. 5156, District No. 135, is estimated to be $143,500.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8106 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 5126
ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Paving Project No. 5126, District No. 580, is estimated to be $610,600.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8107 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 5145
ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Paving Project No. 5145, District No. 579, is estimated to be $1,514,400.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8108 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 5048
ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Paving Project No. 5048, District No. 563, is estimated to be $3,009,804.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8109 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS FLOOD PROTECTION PROJECT
NO. 4704 ON ESTIMATED COST BASIS
Council Member Hamerlik introduced the following resolution certifying that the total cost of Flood Protection Project No. 4704, District No. 14, is estimated to be $20,357,500.00, and directing the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 8110 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 11 votes affirmative.
APPROVE DELAY IN MPO STUDY OF EXTENSION
OF PORTION OF SOUTH 48TH STREET
The staff report from the Planning Department relating to delay in Metropolitan Planning Organization (MPO) Study of extension of South 48th Street from 17th Avenue South to 32nd Avenue South, with recommendation to delay in MPO study of extension of South 48th Street from 17th Avenue South to 32nd Avenue South from commencement of the study in 2001 to commencement of the study in 2002.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.
ADOPT RESOLUTION SUPPORTING THE GRAND FORKS
COUNTY COMMISSION IN PASSING A SURCHARGE ON
WIRELESS TELEPHONES FOR THE COUNTY OF GRAND
FORKS
The staff report from the director of Public Safety Answering Point (PSAP) relating to a resolution concerning $0.50 surcharge on cell phones, with recommendation to pass a resolution requesting and supporting that the Grand Forks County Board pass the $0.50 surcharge per month on wireless telephones for the entire County of Grand Forks, including the city of Grand Forks.
Council Member Burke asked if the County’s authority to impose a surcharge on the phone bill supercede the City’s authority as he didn’t want the surcharge to be imposed before it needs to and start collecting a balance as he understands there will be capital costs to get it up and running, and if the County were to go ahead and institute this surcharge, that the City couldn’t prevent it from being in place until a certain date. Mr. Swanson stated that either jurisdiction can act, that once one jurisdiction acts the other may not, the County couldn’t act if the City had acted originally as can’t have overlapping impositions of fees by the County and City; and would like to review that more carefully. Allen Morken, PSAP, stated that this does not require a vote, that this would be a resolution passed by the County Commissioners that would add the $0.50 fee onto the cell phones, exactly like the fee on the hard line phones. He stated the earliest this would be implemented would be either December 1 or January 1 and money will be used to purchase the hardware and software so can pinpoint location of cell phone by longitude and latitude; that the cost of the hardware is approx. $130,000, money for the mapping portion may be in the area of $30,000, and that’s where these costs are coming from.
Mr. Morken stated that the 911 system was set in place years ago when most people had hardline phones, they passed the 50 cent surcharge so that people in the 911 center could identify specifically where a hardline phone was coming from, now with change in technology, the equipment that worked very well for the hardline phones is not able to handle the new information with the longitude and latitude as to the specific location of a cell phone that is used and these funds are set up so that the technology can be there and with technology in place PSAP can then locate who dials 911 and specifically tell exactly where that call is coming from. He reported there are two phases to upgrading the equipment, Phase I gives location of the tower site and phone number of the cell phones, once have Phase II equipment in place they will be able to specifically locate once the equipment is upgrade and technology is in place, specifically the longitude and latitude that call is coming from. Phase II should be completed within two years and when put the equipment in place that even if the cell companies aren’t able to provide us with information for Phase II, that our equipment in the office will be capable of receiving Phase II information; and Phase II costs will be included when they install the initial hardware equipment.
Mr. Swanson reported that at the last committee of the whole their office was asked to draft an ordinance which would alter the amount of fees that were paid to the collecting entity, that ordinance is in front of the council members and does not relate directly to the cell phones presently, that there is no charge on the cell phones and no payment, and this would go back to an ordinance which was adopted in June, 2001, but is there for consideration.
Council Member Gershman questioned the use of the funds once the equipment has been, purchased and is in place, and if the costs of the department increasing that much (approx. $123,000 annually) and if not, perhaps should charge twenty-five cents, that the phone company gets 5% of everything collected, and if additional employees or how much more complex office will be to justify that amount per year. Mr. Morken stated that it will take some time to build a solid base of not only hardware but also technology and software to bring this up to date, that part of the problem is that these funds can be used related to the cell phone issue and that is put in place by the legislature, that as fast as technology changes, that the technology will continue to change and some of these costs will be continued to be used in simply upgrading the technology, some of this equipment will make the 911 center more efficient, however the calls into the center continue to go up and that’s where some of the costs are going to come in place, but doesn’t anticipate down the road that this would go into hiring new individuals.
Council Member Kerian stated that with smaller amount, would take longer to get the appropriate equipment in place, and if have excess fees, change that at a later time, and moved that we pass the resolution requesting and supporting the Grand Forks County Board pass the $0.50 per month surcharge on wireless telephones for the County of Grand Forks, to include the city of Grand Forks: Document No. 8111 - Resolution. Council Member Christensen seconded the motion.
Police Chief John Packett stated it probably would not be a good idea to put a sunset clause on this fee if the intent is to lower the mill levy, because as it currently stands we will still be minus money to fund the 911 center long term, that currently these fees that come in for the landlines only fund about 40% of the 911 center and the rest of the money comes out of City general funds, and if comes up $150-200,000 year, that will not off-set the total cost of the 911 center
Council Member Brooks asked what the fiscal impact on the City’s budget that the fifty cents per month and what’s our budget amendment going to be. Roxanne Fiala, IS, reported the City has 103 cell phones, cost would be approx. $618.00/year.
Council Member Kreun called for the question, seconded by Council Member Burke. Carried 10 votes affirmative; Council Member Lunak voted against the call for the question.
Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Kerian, Kreun - 10; voting “nay”: Council Member Lunak - 1. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE LEASE OF PROPERTY AT 701 SOUTH
FIFTH STREET WITH PRAIRIE HARVEST
The staff report from the Urban Dewvelopment Office relating to the matter of Prairie Harvest lease of 701 South 5th Street, with recommendation to extend lease to June 1, 2002, with option to extend further if property lines have not then been finalized.
Council Member Christensen asked if staff could consider replatting this lot that this house sits upon, and have a lot line on the dry side of the proposed dike line so that we have a house that would be available for sale, and if had to amend and replat could do that later; that if renting it for $1.00, should try to sell the house; if the house doesn’t sell, then could lease the property for another year. He suggested approving the lease for a period of six months, and if house not sold, then allow option for renewal of one year. Terry Hanson, Urban Development, agreed to that option.
Council Member Christensen moved that we lease the property to Prairie Harvest for a period ending June 1, 2002, with no automatic option to renew. Council Member Kerian seconded the motion. Carried 11 votes affirmative.
ESTABLISH REINSTAMENT OF FORMER MEMBERS
OF THE URBAN DEVELOPMENT TO CONTINUE TO SERVE
AS THE COMMITTEE ON CDBG PROGRAM