Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 3, 2002
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 3, 2002 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 (teleconference), Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: none.
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.
Mayor Brown announced that Laverne Gryte passed away last week and her passing has left a huge hole in the fabric of our community.
He also made the following announcements re. various events:
1) The American Cancer Society Relay for Life was success and raised about $78,000, and was honored to be part of the event; compassion, dedication and charity are signs of a great community.
2) The Run for the Border in Pembina was another cancer awareness event and his wife was first in her age group and he was third in his age group in the 5-K.
3) Congratulations to the Kings Walk grand opening and to everyone who was involved for their hard work and obvious success. Thanks to Governor Hoeven, Rep. Earl Pomeroy and Al Stenehjem for being in town for the event, and wanted to thank Al Stenehjem and State Department of Tourism delegation for taking the time to browse around our community, crucial that we begin seeing ourselves as a destination community that others see us that way also.
4) Congratulations to Keith Rowen and Barb McLeod for completing a 13-week K-9 training school in St. Cloud, and they have returned to Grand Forks with their new partners Taz and Jake and welcomed them to the force.
5) Farmers Market was a huge success and approx. 1,000 people showed up for the first one and it will run every Saturday through the summer, combined with great weather and a Shriners parade downtown was overwhelmed with people.
6) Thanked League of Women Voters for hosting the candidates forum in the council chambers so they can be televised, starting at 7:00 p.m. and features the city council races; the Thursday forum will also begin at 7:00 p.m. and will feature candidates for the Park District and School Board.
MONTHLY FLOOD PRESENTATION PROJECT UPDATE
Mark Walker, Assistant City Engineer, reported that last month Mr. Grasser showed a short video clip of some of the construction that was going on in the flood protection project, and tonight will show a sequel to that video showing some of the construction progress that has occurred on the project. He pointed out several items on the update: that Phase I levee contractor and the Diversion contractor are both making good progress; that the Corps has final plans put together for Phase II of the levee project and anticipating to bid that next month; Phases III and IV are in full design and anticipate that portion of the project to be bid early next year. The Corps also received bids on the English Coulee pump station but has not yet determined low bid and verified the accuracy of all the bids received but preliminary information indicates that most bids are below the engineer's estimate. He reported that an article in the Grand Forks Herald re. a flood protection update some people may have been left with the opinion that the City is going to be purchasing RDO Foods, however, the City only has intentions of buying the property that is needed to put the levee and floodwall through those properties; and have been working with RDO Foods and Myra Museum in relocating utilities, their buildings and facilities to other locations on their properties and have no intentions of a full buyout. He stated the article also mentioned St. Anne's and the Corps is currently determining the options that are available, one of the options is a full buyout but has not yet been determined, more information needs to be acquired before the final decision is made.
A short video presentation was made. There were no comments from the city council.
Melanie Parvey-Biby, greenway coordinator, reported that the greenway will be developed along with the flood protection project; that they are working on the preliminary design for Phase III of the flood protection project right now and this covers 4 recreational areas: 1) Riverside Dam (parking lot with the northern most section of the trail which will connect the planned pedestrian bridge just north of the dam as well as appropriate signage and possibly a fish cleaning station); 2) Riverside Park (trailhead facility with restrooms and possible warming house - similar to what's being located in the Lincoln Drive park, along with playground facilities, picnic shelters, benches, trash receptacles and other features); 3) Central Park will be located on the dry side, small neighborhood park with restroom, parking lot, playground equipment and picnic facilities; and 4) an area near Elks Drive, looking at possibility of a small parking lot for future boat ramp. She noted they are working on contracting out the second phase of greenway cleanup (removing existing roads, utilities and debris) and project is bid to open June 18 and will come to city council for award of the bid. She stated they are working on the greenway task force for the possibility of the greenway becoming a State park; had discussions when the Governor was in town about the possibility of working with the ND State Parks and Rec. Department as well as the ND Game & Fish, had preliminary discussions with them and working on setting up a meeting for later on in June or hold discussions with State representatives on the possibilities for Grand Forks.
She stated there is a lot going on along the Red River and the Red Lake River, discussions with greenway development from Lake Travers, SD to Lake Winnipeg, the Greenway on the Red Board oversees a lot of development and discussion occurring in these areas; there will be a Board meeting in Detroit Lakes in July, that Winnipeg is talking about putting together a master plan for development from their south border to Lake Winnipeg, and also MN DNR hiring the River Keepers Group, meetings in town last week to talk about a boating and canoeing access along the Red River, also discussions along the Red Lake River in developing a trail system as far east as Crookston and farther on.
She also reviewed upcoming events - GOALS and Park District holding a bike day and due to construction activities this year have asked them to hold it outside of the greenway and will be at Memorial Stadium, UND, June 15.
Council Member Gershman asked how many acres will be ready to be used in the greenway by fall or next spring; Ms. Biby stated areas which will be ready will be downtown, block north and south of DeMers, and most of the construction activities should be done in the Lincoln Drive park area (trail system won't connect beyond those points until have the adj. levees or floodwall construction into each of those areas). It was noted that in the winter buildings will be ready and skating, sledding, etc. in Lincoln Park depending on construction this year, contractors are ahead of schedule and possibility of being able to use those facilities. Ms. Biby stated they have had preliminary discussions with the Game & Fish Department re. boat ramps, and they have stated there are grants available, with 75%-25% match and City would be responsible for a 25% match of the cost of a boat ramp, and have stated if interested in putting in boat ramps in the greenway would have to submit an application and usually due by December of the year. The question re. bridge if platforms jutting out so people can fish from the bridges (esp. on the north end); and that the Corps is looking at preliminary designing costs, and if were any platforms jutting out would be a betterment or aesthetic treatment to it and haven't had those discussions. Council Member Gershman stated they should look at that.
Council Member Kerian asked if there were places along river that are safer and more secure for land fishing and if in the plans. It was noted that the greenway technical committee has been working with the Game & Fish & MN DNR to look at sites, not only for boat ramps, for shore bank fishing and in our downtown area a lot of people use it for shore bank fishing now and will continue to use it, and looking at areas to be maintained as shore bank fishing. Council Member Kerian stated they were looking at ADA or more stable banks.
Council Member Christensen stated the Koininea area, if that is the area set aside for birding or natural area. Ms. Biby stated they have looked at that area as a possible site for part of the riparian restoration project and depends on when they work out their overall maintenance plan for the greenway that could be designated as a site - have trail system that runs entire length of the greenway and re. riparian restoration or natural regeneration areas closer to the river and not next to the bike path.
ADOPT RESOLUTION VACATING PORTIONS OF FIRE
LANE AND ACCESS EASEMENTS IN BLOCK 1, COLUMBIA
PARK ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the fire lane and access easements lying westerly of a line described as follows: said line is located 11.5 feet westerly of and parallel with the lot lines common to Lots A and D and Lots B and C, Block 1 of a Replat of Lot 1, Block 1, Columbia Park Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the petition from Terry Rogers, et al, to vacate all that portion of a fire lane easement and a fire lane and access easement lying westerly of a line described as follows: said line is located 11.5 feet westerly of and parallel with the lot lines common to Lots A and D and Lots B and C, Block 1 of a Replat of Lot 1, Block 1, Columbia Park Addition, Grand Forks, ND (located east of South 29th Street between 17th Avenue South and 19th Avenue South), with recommendation to give final approval to a resolution to vacate.
It was moved by Council Member Bakken and seconded by Council Member Kerian that we find and determine an insufficiency of protest on the request to vacate and that the recommendation be approved. Carried 14 votes affirmative.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 8180 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kerian that this resolution be and is hereby adopted. Carried 14 votes affirmative
TABLE SECOND READING OF ORDINANCE RELATING TO
JUNK, ABANDONED VEHICLES, BUILDING MATERAIS, ETC.
An ordinance entitled "An ordinance amending Sections 13-0701, 13-0703 and 13-0706 of the Grand Forks City Code relating to junk, abandoned vehicles, building materials, etc.", which had been introduced and passed on its first reading on May 6, 2002, was presented and read for consideration on second reading.
Mr. Swanson reported as indicated at the committee of the whole meeting last Monday, requested that the ordinance be tabled pending further report from the Building Inspections Department, and it was so moved by Council Members Gershman and Brooks. Carried 14 votes affirmative.
TABLE SECOND READING OF ORDINANCE RELATING
TO OFF-STREET PARKING AND LOADING
An ordinance entitled "An ordinance amending Section 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading", which had been introduced and passed on its first reading on May 6, 2002, was presented and read for consideration on second reading.
Mr. Swanson reported as indicated at the committee of the whole meeting last Monday, requested that the ordinance be tabled pending further report from the Building Inspections Department, and it was so moved by Council Members Gershman and Brooks. Carried 14 votes affirmative.
CITIZEN REQUESTS
Dennis Kulas, 720 North 4th Street, stated he wished to address the council on vacant lots and non-conforming lots and inspections. He stated he and his neighbor have non-conforming lots, between them is a vacant lot, and several years ago was referred to Urban Development as they were handling the lots and inference was they would be putting the lot up for auction in 3 to 6 months, and in inquiring has received same response over and over again; that he and his neighbor would like to get the lot, split it so they would have conforming lots; and that he would like to build a garage on it and the property he has for storing his vehicles and various other items (snow blower, lawnmower, power tools, etc.) but until anything can be done on the lot, his hands are tied. He stated he has an old garage which he would like to tear down but doesn't want to or make repairs on it if he can start building a new garage, that he feels harassed by Inspections because of the old garage and building materials he has gathered to begin the new garage from what Urban Development has led him to believe would happen. He asked if anything can be done about purchasing this lot, the lot is 724 North 4th Street.
Terry Hanson, Urban Development, reported that the vacant lot at 724 N. 4th Street was a lot that they did put out on an RFP a couple months ago, and that lot was not immediately designated as one of the lots that the developers want to build on but is a lot they designate to have one of the three developers that you approved two weeks ago to come back later and build a home on - it is a 50 x 140 ft. lot and fully developable and their feeling is they would like to develop it into a family residence. He stated this is one of the lots that early in 2001 or 2000 where that was one of the lots the council did designate as an in-fill lot, and at that time would not have advised anybody that it was going up for bids; and will check to see if Mr. Kulas was given any misinformation.
Council Member Brooks suggested that Mr. Hanson meet with Mr. Kulas this week and get a follow-up report at the next council meeting so they know that some action has been proposed or taken.
Council Member Klave stated they looked at buildable lots but also some conversation several years ago about some of these lots - that if the adjacent property owners did want to buy them because they had smaller lots, wanted to be able to look at that also - and on some of these have to look at if have non-conforming lot and adj. property owners are willing to purchase, but is something they can look at on a case by case basis because that's not going to happen on all of these. Mr. Hanson stated they have had discussion if the City-owned lot was a non-conforming lot, those were put up for sale and did sell to the adjacent property owners and were split them in half if that was the request, but the intention on the full-size building lots of 50 ft. was to move forward and try to put a structure on them. It was noted that Mr. Kulas' lot is 25 ft. lot and that ordinance was changed to allow building on a non-conforming lot and Mr. Kulas was asked if he had any plans for improving the siding on the house to bring it up to some sort of standards. Mr. Kulas stated he was holding off on everything because he did not know how much it would cost to purchase the lot - his primary concern is purchasing the lot so he can put up the garage, and from there would improve his building, and get vehicles in garage and clear out his yard. Mayor Brown stated that Mr. Hanson and Mr. Kulas will meet this week and come back with report at the next council meeting.
INTRODUCE ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN AS A PART OF THE MASTER PLAN TO INCLUDE AND
EXCLUDE R/W RESERVATIONSLYING WITHIN A PORTION
OF SECTION 35, T151N, R50W OF 5TH P.M.
The staff report from the Planning and Zoning Commission relating to the request from Adams and Heitmann for preliminary approval of an ordinance related to rights of way reservations for the Plat of Heitmann Weg Addition to the city of grand Forks, North Dakota, lying in the easterly 350 feet of the E 1/2 of the E 1/2 of the NW 1/4 of Section 35, T151N, R50W of the 5th Principal Meridian (located south of 62nd Avenue SE and west of L & S 3rd Resubdivision (a.k.a. Burke's Addition), with recommendation for preliminary approval on June 3, 2002 by the city council of an ordinance and schedule a public hearing for July 15, 2002.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan as a part of the Master Plan of the city of Grand Forks, North Dakota, to include and exclude right of way reservations lying within a portion of Section 35, Township 151 North, Range 50 West of the 5th Principal Meridian more specifically described herein", which was presented, read and passed on its first reading.
APPROVE LETTER OF AGREEMENT FOR LAW ENFORCE-
MENT SUPPORT TO THE AIRPORT AUTHORITY
The staff report from the police department relating to letter of agreement with the Grand Forks Airport Authority, with recommendation for approval of the letter of agreement for law enforcement support to the Grand Forks Airport Authority.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5379, PAVING DISTRICT NO. 587
The city engineer's estimate of total cost of the construction of paving on Phoenix Court in the amount of $57,352.58, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5379, District No. 587, paving Phoenix Court, with recommendation to approve plans and specifications for Project No. 5379.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution, which was presented and read: Document No. 8181 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this resolution be adopted. Carried 14 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5274, PAVING DISTRICT NO. 585
The city engineer's estimate of total cost of the construction of paving on North 52nd Street in the amount of $119,038.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5274, District No. 585, paving North 52nd Street, with recommendation to approve plans and specifications for Project No. 5274.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution which was presented and read: Document No. 8182 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this resolution be adopted. Carried 14 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5366, PAVING DISTRICT NO. 586
The city engineer's estimate of total cost of the construction of paving on 44th Avenue South and South 25th Street in the amount of $229,467.00, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5366, District No. 586, paving 44th Avenue South and South 25th Street, with recommendation to approve plans and specifications for Project No. 5366.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution which was presented and read: Document No. 8183 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this resolution be adopted. Carried 14 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO. 5374,
SEWER DISTRICT NO. 413
The city engineer's estimate of total cost of the construction of storm sewer on South 20th Street from 44th Avenue South to the southend drainway in the amount of $249,679.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5374, District No. 413, storm sewer on South 20th Street from 44th Avenue South to the southend drainway, with recommendation to approve plans and specifications for Project No. 5374.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution which was presented and read: Document No. 8184 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this resolution be adopted. Carried 14 votes affirmative.
APPROVE NEW COMMUNITY HEALTH GRANT AGREEMENT
AND BUDGET AMENDMENT HEALTH DEPARTMENT
The staff report from the health department relating to budget amendment (HL45, 2002, $198,144,5/23/02), and new Community Health Grant Agreement with the North Dakota Department of Health, new revenue, with recommendation to approve budget amendment ($198,144) and new grant agreement (#02-415) with the North Dakota Department of Health.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Carried 14 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 5335, 1996 FILTER
IMPROVEMENTS TO WATER TREATMENT PLANT
The staff report from the engineering department relating to bids for City Project No. 5335, 1968 filter improvements for the Grand Forks water treatment plant, with recommendation to award construction contract to the lowest responsible bidder, Lunseth Plumbing & Heating Co., in the amount of $205,600.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE JOINT POWERS AGREEMENT WITH UNIVERSITY
OF NORTH DAKOTA (HILTON GARDEN INN)
The staff report from the administrative coordinator relating to the joint powers agreement - City of Grand Forks and University of North Dakota (Hilton Garden Inn), with recommendation to approve the joint powers agreement.
It was moved by Council Member Lunak and seconded by Council Member Martinson that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the joint powers agreement approved.
SELECT ENGINEER FOR DESIGN ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5382, TCSP GREENWAY/
BIKEWAY IMPROVEMENTS
The staff report from the engineering department relating to design engineering services agreement for City Project No. 5381, TCSP Greenway/Bikeway Improvements, with recommendation from engineering department to be presented this evening.
Mark Walker, Asst. City Engineer, reported that when the staff report was submitted to the committee of the whole last week, they had not made a selection on the RFP's for the engineering services agreement and since that time have ranked the firms submitting proposals and sent recommendation re. hiring Webster, Foster & Weston for the project and recommended hiring them for the design engineering services in the amount of $90,608.57.
Council Member Hamerlik moved the recommendation from the engineering department to award the agreement to Webster, Foster & Weston for design engineering services for the project in the amount of $90,608.57. Council Member Bakken seconded the motion. Upon roll call the following voted "aye": Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the motion carried.
DENY PLACING PLEDGE OF ALLEGIANCE PERMANENTLY
ON THE AGENDA
The report from Council Member Bjerke relating to "pledge of allegiance" and matter of vote this evening was presented and read.
Council Member Bjerke moved to place the pledge of allegiance permanently on the agenda after Welcome and Roll Call. Council Member Stevens seconded the motion.
Council Member Kerian stated that when this was first suggested she was one of the few who did not believe this needed to be on the agenda, that she was clearly not against the pledge of allegiance, is clearly in support of the flag and yet not sure that taking an oath for the flag at the beginning adds anything to the meeting in the sense that we take an oath to be in office and support the Constitutions of the United States and North Dakota and as servants of the people we are here on a regular basis and her view was that she didn't see that particular action added anything that we have not already participated in talking about our own patriotism and support of the constitution.
Upon roll call the following voted "aye": Council Members Bjerke, Stevens, Hamerlik, Burke, Lunak, Brooks - 6; voting "nay": Council Members Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 8. Mayor Brown declared the motion failed.
APPROVE MINUTES MAY 20, 2002
Typewritten copies of the minutes of the city council meeting held on Monday, May 20, 2002 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved. Carried 14 votes affirmative.
APPROVE BILL LISTING AND ESTIMATES
Vendor Payment Listing No. 02-11, dated June 3, 2002, totaling $805,308.70; and estimates as follows: flood estimates in the amount of $8,888.25 and regular estimates in the amount of $1,917,636.70.
It was moved by Council Member Bakken and seconded by Council Member Lunak that these bills and estimates 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, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
ADMINISTRATIVE COORDINATOR COMMENTS
Mr. Duquette reported that this morning he was briefed by the wage study consultant and that the wage study committee has received some of this information as well, and was provided with a quick overview of what's happening with the job classifications and position descriptions that they are working on - and highlighted very briefly is during that overview, they had a description of our organization (of employees and staff, department heads and managers) and that this is a high performing organization, people are hard working, well intended and saw a lot of good spirit and have got a lot of good people during the interviews, and wanted to commend the employees and department heads.
Council Member Kerian questioned status report on human resources director position; Mr. Duquette reported that the Civil Service Commission established a register which will go to the Mayor for his selection within the top three candidates and should be done with that by the end of the week. It was noted this is not a contract position but a civil service position.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Brooks reported he will be setting up a meeting time for the Airport Authority Task Force, towards end of next week after the elections.
2) Council Member Brooks asked Chief Packett re. outdoor entertainment after the concert this weekend. Chief Packett stated the Engelstad Arena approached staff for a permit for a noise variance for a dance to 1:00 a.m., the criteria the staff used was that depending on whether it was a private party, a commercial business, liquor license, time of day, etc., there will be two segments of dance in their parking lot, one starting at 5:30 before the concert and after the concert will break down the dance by approx. 12:30 but indicated a desire for 1:00 a.m. and that's what the permit was granted and consistent with past criteria.
3) Council Member Bjerke requested a permanent copy of the tape of the meeting tonight and would reimburse the City for the cost of the tape; and asked that they remember the unofficial motto of Grand Forks is "all press is good press".
4) Council Member Bjerke stated that Council Member Burke sent out an e-mail concerning the Housing Authority mentioning a joint powers agreement and the Housing Authority directing the City Human Resources Department to do some actions, and asked if that is to be answered to all the council members or only to Mr. Burke. Mr. Duquette stated he sent the answers out to Mr. Burke and assuming they went to all the council members.
5) Council Member Hamerlik thanked the Chief and his staff for information on the Tim McGraw function, those in the area have some concerns, that permits have been signed but need to take a look at whether or not businesses that are in the center of neighborhoods that sell alcoholic beverages are different than those downtown when not in a neighborhood, and perhaps something new council needs to discuss.
6) Council Member Burke stated he noted in the Housing Authority minutes that Housing Authority and City staff were working on joint powers agreement, requested copy of the draft which he believed had been approved by the Housing Authority and that there are a couple things that are of concern to him and hopes that other council members will review the draft and provide their input before a proposed JPA is brought to the city council. Items of concern are the provision for a Housing Authority executive director who is a direct employee of the Housing Authority but would have authority over City employees, and believes it was just such a situation that got the City into some difficulty a couple years ago with regard to the 911 operation where they have an executive director who is responsible to the Authority but the employees are City employees and when it became a problem it was the City that was dragged into court and had to settle that situation and setting ourselves up for the same kind of situation where we have City employees responsible to a non-city employee superior. He also stated in this draft agreement it makes reference to the direct pass-through of HOME funds to the Housing Authority, HOME funds are applied for by the City and given to the City, and in some cases we have given some or all of the HOME funds in the past to the Housing Authority but have also used HOME funds for things that the City wanted to do and would be leery of writing it into a contract that we automatically hand over those funds. It also suggested that CDBG funds projects that the Housing Authority might come up with for use of CDBG be given preferential treatment, and not sure if that is something we want to write down and if we do, it is something that should give pause to some of the non-profit organizations around town, who would be second in the taking order when it comes to uses of the CDBG funds. He pointed that his colleagues provide comments to City staff and to the Housing Authority members about what they find beneficial and of concern to them.
7) Council Member Burke reported he had some e-mail with Mr. Duquette and asked about the status of the attorney's opinion on the matter involving Mr. Kreun and his company with regard to work that he may or may not have done for the City, and that he also told Mr. Duquette in the e-mail that he had heard a rumor that in fact a draft of this opinion had been prepared and circulated to some City staff and that it was being held. Mr. Duquette assured him in his e-mail that wasn't the case and takes him at his word but would like to know what the status of that opinion is. Mr. Swanson stated he was not privy to any e-mail that he (Mr. Burke) sent to anybody inquiring about the draft and in specific response, the draft has not been distributed to any staff, that information is incorrect - the draft is nearly complete and has for the record distributed to another city attorney, because he was aware that Mr. Burke had questioned his impartiality and has requested a colleague, not from Grand Forks, to review not only his research but the logic and the drafting, spoke to him briefly on Friday, and anticipate having comments from him sometime this week and will be ready to distribute the opinion at that time, and if he has other questions would be happy to respond directly to them. Mr. Burke stated that in the course of trying to collect additional information on this matter, it was pointed out to him that Mr. Kreun's company, the Fertl-lawn Company, was apparently paid directly for some work done for the City in 2001 and asked Mr. Duquette if he would try to ascertain this and e-mail to him, he said that in fact he had received information about that payment and was trying to find out further information, but just the fact that the payment has been made, presumably for work done for the city, presents another problem and would hope that the information that Mr. Duquette finds is passed on to the city attorney and perhaps he can review this matter as well.
8) Council Member Glassheim asked for updated list of committees and who is on them so when new council comes in, will have that information when the council organizes.
9) Council Member Gershman stated there is a lot of major construction going on right now with the dike, and the large trucks filled with clay are driving down major streets, and a gentleman on Belmont Road stated the road is in good shape but what will happen after year or two of using these arterials streets, and should have some policy so can do an inspection of those streets so that if they become damaged that they are not assessed back only to the property owners but a city-wide assessment because the dike is for everybody, need to look at that and may have some policies in place. Council Member Gershman asked if would be possible to have some additional street sweeping over the summer.
10) Council Member Gershman stated that the Discovery channel keeps running the flood story about Grand Forks and would like to see if our Info Center with the Mayor's Office contact the Discovery channel to see if we could get them to put on a postscript as to what Grand Forks is like today - because many people see that and don't know that it happened in 1997, need to get on that for public relations.
11) Council Member Gershman read a news release he received, "the Red River Valley Clean Cities Coalition was one of 10 clean city coalitions honored this month at the U.S. Department of Energy Annual National Clean Cities meeting held in Oklahoma City, the Red River Valley Clean Cities Coalition is coordinated by the Energy Environmental Research Center at the University of North Dakota.", and congratulations to them for another good job.
12) Mayor Brown stated that we have to remember that our children are out of school for the summer and need to exercise caution re. our children and their bikes and as parents need to emphasize that to our children. He also noted another event this week - the Mayor's Roast for Diabetes on June 6 - and please get out and vote on June 11.
13) Mr. Swanson stated he had provided council with correspondence last week with respect to an arbitrator's ruling in a claim brought by John T. Jones against the City of Grand Forks, and were very pleased with the arbitrator's ruling and wanted to publicly acknowledge the work undertaken by Ron Fischer in that case (claim approaching $1 million against the City), and the arbitrator ruled entirely in favor of the City.
14) Mr. Swanson stated that he was provided with the Housing Authority joint powers agreement, but has not had an opportunity to review and that he suggested early on to both the Housing Authority and staff involved there, that issue about who has authority to direct and discipline staff, etc. is a particularly troublesome one and requires a great deal of review and contemplation; that he doesn't know if it has been acted up but has not come out with any type of report or recommendation from his office yet.
ADJOURN
It was moved by Council Member Lunak and seconded by Council Member Kerian that we adjourn. Carried 14 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor