Council Minutes
17719
August 27, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 27, 2001
The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, August 27, 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, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 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, and that the meeting is being televised live and taped for delayed broadcast.
ADOPT RESOLUTION THANKING KNIGHT RIDDER
CORPORATION FOR RE-LEAF GIFT AFTER WINDSTORM
Mayor Brown presented and read the resolution thanking Knight Ridder Corporation for their “re-leaf” gift after the windstorm of August 8, 2001: Document No. 8098- Resolution. .
Council Member Gershman stated this is the Knight Ridder Corporation rather than Knight Foundation, and moved the amendment to the resolution and adoption of the resolution. Council Member Martinson seconded the motion. Carried 13 votes affirmative.
ADOPT RESOLUTION THANKING JACOBSON TREE
SERVICE FOR MAJOR ASSISTANCE AFTER THE
AUGUST 8, 2001 WINDSTORM
Mayor Brown presented and read the resolution thanking Jacobson Tree Service and its owner Bill Jacobson for their major assistance in men and equipment for storm cleanup after the microburst storm on August 8, 2001, at no charge to the City of Grand Forks: Document No. 8099 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to adopt the resolution, with distribution of the proclamation to be disseminated appropriately. Carried 13 votes affirmative.
APPROVE CHANGES TO THE ENGLISH COULEE
DIVERSION DESIGN
The staff recommendation from Mark Lambrecht, flood protection project engineer, relating to approval of the recommended changes to the English Coulee Diversion design, specifically related to raising portions of 40th Avenue North and North Columbia Road to serve as the flood protection alignment at an estimated cost of $145,000 of betterment funds to the City of Grand Forks.
Council Member Bjerke asked for a breakdown of Greenway betterment allocated funds, what costs the council has approved vs. what’s in the CIP. Mr. Lambrecht reported that the $5 million that’s budgeted is included in the CIP, not what has been approved for spending, and will provide that information.
Council Member Bjerke asked if floodwall aesthetics funds were only allocated or have been spent. Mr. Lambrecht reported there has been a small amount of study spent and from discussions of floodwall design, it looks as if not much in the way of betterment attributable to that, it could be medallions or that type of thing, not much budgeted or much expended and would come for council action if there were items identified for floodwall work that would be betterments. Mr. Bjerke reported that on August 21, 2000 the council voted to spend $3.3 million and if that should be reflected. Mr. Lambrecht reported he will check so they will have a better report of what has been committed.
Council Member Burke asked if parties seeking this have a legitimate concern because the Corps apparently doesn’t think that the flood project would have any additional impact on them and if becomes our practice to address concerns rather than factual matters, don’t we open ourselves up to other types of situations where people might have a concern but not borne out by the facts as determined by the Corps. Mr. Lambrecht stated he feels their concerns are extremely valid, and were working with our senior leadership designated representatives of the city council and from the public meeting held in May or June where they presented the plans that the Corps had developed, there were very genuine concerns of the nearby township residents and officials to the north. He stated that the reason that the Corps did not consider this as something they would participate in is because they felt our project could be constructed and protect the city without performing these design changes but in our review we definitely think it is an enhancement in a few respects to the design. It leaves more development land available for the city in the northend of town by virtue of realigning our flood protection alignment rather than going diagonally across country, it will be along 40th and Columbia at the northend of town, and to restate the position of the township residents that live north of the community along North Columbia Road extended between the road and the river, in 1997 they were fighting a Red River flood and doing quite well at it when the water came overland from the south and west and they were flooded from that direction, and their concern has been the potential for breakouts of water from the English Coulee Diversion and also access to their properties during times of high water so they wouldn’t be cut off and that’s what this design does - it has benefits to the city in the land that is not taken by virtue of going diagonally across country but also involves accessibility and flood protection to those near side residents north of Grand Forks. He stated they have been working not only on this issue but a number of issues along the English Coulee Diversion north of Grand Forks and identified some areas in which there were reductions and cost savings, and this particular issue this evening is one in which there was a cost increase; that they thought they were getting close to balancing increases and decreases until the Corps identified this one specifically and said that they did not view this as being one in which they would participate in, that they are still continuing those discussions with the Corps but in the interest of seeing the project move forward, that is why coming to the council on a quick time frame in order to acknowledge that we may have to have this from our betterment fund. Council Member Burke asked if there was any corollary to this that might occur in the southend alignment; Mr. Lambrecht stated he can’t draw a parallel at this time and nothing that they see.
Council Member Kreun reported that after working with people involved, the engineering group and the Corps of Engineers, the leadership group feels strongly that this is a positive aspect and will help both the community and people that surround the community, strong gesture from us and from them that this is a community project and not just a Grand Forks project, and moved the recommended change to the English Coulee Diversion design, specifically related to raising portions of 40th Avenue North and North Columbia Road to serve as the flood protection alignment at an estimated cost of $145,000 of betterment funds to the City of Grand Forks. Council Member Martinson seconded the motion.
Council Member Kerian asked for clarification on the map. Mr. Lambrecht viewed map showing area and changes to the diversion design. He stated that the English Coulee Diversion goes through this vicinity and meets the Red River showing where the English Coulee Diversion alignment will run. He stated that north of this area there are a series of residences and farmsteads, including Fox Farm Subdivision; the map showed the Corps’ suggested flood protection alignment, our alignment would be along the south bank of the Coulee Diversion, then extend diagonally across country and makes a closure of the English Coulee, the residents indicate that previous flood in 1997 water came across country from the south and west, they were protecting themselves with self-funded levees along the riverward sides of their property and when the river got to a certain point the water broke out of the Coulee Diversion and inundated them from the south and west; the Corps has no problem with the technical feasibility of what we’re doing and in fact the residents suggested this to the Corps early on, the Corps point was what they had done was more economical, that their design provided the benefit that we need at no worse condition for the residents north of town than they have experienced in the past, they acknowledged that they weren’t enhancing anything for our northerly neighbors but their position is that nothing is worse than what they would have experienced in the past or would come post flood after we’re done. Our design and what we’re recommending is portrayed on the map where along the south bank of the Coulee Diversion , our line of flood protection would extend there to Columbia Road and then Columbia Road would be raised to act as our line of protection, and that would leave land which is owned entirely by one property owner in better development condition obviously than with the alignment going through the middle of it and when appraisals are all completed, we have estimated savings that will come but when the appraisals are all completed and negotiations are performed there should be significant less cost to the taking of that land. Along the north bank of the Coulee the embankment will be in the form of 40th Avenue North and will be raised to the same height as the embankment on the south side of the Coulee so overtopping or breakout of water to the north of the Coulee Diversion will not occur any sooner than it would to the south toward the city until the water is brought in very close proximity to the Red River, and that provides a measure of safety of flood protection against English Coulee breakouts and provides a road with access up to a fairly high level, the Township has indicated they would if need be raise Columbia Road to act as flood protection from the west, but we’re doing our share.
Council Member Gershman questioned if we were going to continue to negotiate with the Army Corps of Engineers, and would have this be accepted as part of the project and that will be on-going whether successful or not. Mr. Lambrecht agreed.
Mr. Swanson reported that we have acquired portions of the right of way that would bisect the land where the levee cuts across country, we have already initiated that action; the property owners have entered into a title transfer agreement with us, they are contending, however, that the property which would be the triangle with North Columbia Road and 40th Avenue being two of the legs is significantly impacted in severance damages as to what value that is left, both from terms of access and development. He stated that part of their discussion with the Corps is that don’t believe the Corps has given adequate consideration to the reduction in value or reverse the amount of money it will take for the City to acquire this right of way and the diminution of value, and that is additional items to discuss with the Corps. He stated that the distance, width and length of what has to be acquired for the levee alone is pretty significant, whereas if by going along 40th and Columbia Road we primarily will be doing roadway easements with some extension or some broadening of those existing dedication, but from that perspective there should be overall reduction in the acquisition costs there.
Upon call for the question on the motion and upon roll call vote the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 5197,
2001 CONCRETE STREET REPAIRS
The staff recommendation from the Engineering Department relating to Change Order No. 1, Project No. 5197, 2001 Concrete Street Repairs, with recommendation to approve Project No. 5197 Change Order No. 1 for Opp Construction in the amount of $117,277.35.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Bakken that we do now adjourn. Carried 13 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor