Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 1, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 1, 2003 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; absent: Council Member Kerian - 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.
Several members of the UND football team led the city council in the pledge of allegiance to the flag.
Mayor Brown commented on various events during the past week and upcoming events:
1) he stated that tonight we have a serious note and our community continues to search for Dru Sjodin and we are concerned and reiterated his thoughts and the community's full support for Dru's family, they are in our thoughts and we continue to pray for them and will work this case until Dru is home. He stated everyone in the community wants to help and commended law enforcement and 17 agencies providing personnel and resources to this search, thanked UND personnel for keeping close contact with the family and thanked businesses and individuals who have been donating goods and services to the family and workers, that family strength is amazing and we must continue to be strong and assure them we will continue as long as it takes.
2) he thanked the Listen Center for the opportunity to light the Christmas tree on DeMers and 4th last Wednesday.
3) congratulations to the UND football team.
4) he stated this weekend there will be an emergency mass vaccination exercise this Sunday at the Alerus Center from 10:00 a.m. to 2:00 p.m. and encouraged residents to volunteer and help make this a success, this is first exercise in North Dakota and point is to train emergency workers for a mass vaccination, and is an opportunity to prepare for our regional responsibilities.
5) that on Thursday the UND Student Government is sponsoring UND night out in downtown Grand Forks, great idea and excellent opportunity for UND students to become familiar with downtown and all it is offering - thanks to UND and businesses for its support.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, reported that written update of the project had been submitted to the city council members, and noted that on the federal funding appropriation that the House and Senate have both passed through conference committee a $36 million funding level for the City of Grand Forks; that on the local funding the Corps of Engineers is continuing to process our advance funding request and as Corps takes a continued stance on bidding, that it is something that we want to continue to least pursue or have the option come this summer. He stated on the bidding schedule that we are planning to bid Phase III next month and Phase IV sometime this summer. A video of various construction areas was viewed by the city council.
Melanie Parvey-Biby, greenway coordinator, stated that Christmas in the Park is open in the Lincoln Drive area of the greenway; that tomorrow night they will be hosting a meeting for greenway boat ramp working group, engineering staff has been working on preliminary designs for several months on all possible locations north of Riverside Dam and have asked working group members to view and comment on these preliminary designs before submitting a recommendation to council. She stated that the Veterans Day race held in Lincoln Park was huge success, this is one of many events happening in the greenway.
Dr. Earl Beale of the Family Support Center, race director, stated this is becoming quite an event for the city, could have seasonal events, and reason have Veterans Day theme is because of the Family Support Center, and what trying to do is let people in community know that the greenway is a growing and developing place and also try to pay respect and homage to the veterans, that Veterans Day needs to honor all veterans in our area and also for people to celebrate, can have respectful ceremony and then run.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
ON PLAT OF BIRKHOLZ HOMESTEAD ADDITION TO
JANUARY 5, 2004
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 Homestead Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and public hearing.
Mayor Brown opened the public hearing, there were no comments.
Dennis Potter, city planner, reported that the Birkholz family continued to discuss possible changes to that plat and asked the council to continue this item to January 20, 2004.
It was moved by Council Member Glassheim and seconded by Council Member Brooks to continue public hearing and second reading of the ordinance to January 20, 2004. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4003, RELATING TO TRAFFIC
AND MOTOR VEHICLES
An ordinance entitled "An ordinance amending Sections 8-0101, 8-0202, 8-0205, 8-0305, 8-0602, 8-0615, and 8-0616 of the Grand Forks City Code relating to traffic and motor vehicles", which had been introduced and passed on its first reading on November 17, 2003, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT RESOLUTION VACATING ALL OF 12TH
AVENUE NORTH AND PARTS OF UTILITY EASEMENT
NORTH THEREOF ADJACENT TO LOTS 1 - 9, BLOCK 2 AND
LOTS 1 AND 2, BLOCK 4, SUNNY NODAK FARMS ADDITION
The assistant city auditor report that pursuant to instructions by the city council after having received a petition to vacate all of 12th Avenue North and parts of the utility easement north thereof adjacent to Lots 1 through 9, Block 2, and Lots 1 and 2, Block 4, Sunny Nodak Farms Addition (located between North 62nd Street and North 66th Street), 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 the auditor's 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.
It was moved by Council Member Kreun and seconded by Council Member Christensen that we find and determine an insufficiency of protest to the proposed vacation. Carried 6 votes affirmative.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8305 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Carried 6 votes affirmative.
ESTABLISH APPROPRIATE CAPITALIZATION
THRESHOLD FOR FIXED ASSETS
The staff report from the assistant director of finance and administrative services relating to the matter of establishing appropriate capitalization threshold for fixed assets, with recommendation to increase capitalization threshold from $500 to $1,000 applied to each individual fixed asset. Property items that cost less than threshold level but are important because of their sensitive, portable and theft prone nature should be controlled through the use of controlled asset category, with an effective date for fiscal year ending December 31, 2003.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE PLANS AND SEPCIFICATIONS FOR SANITARY
SEWER PROJECT NO. 5458,
The staff report from the engineering department relating to plans and specifications for Project No. 5458, Sanitary Sewer on 6th Avenue (I-29 to North 43rd Street) and North 43rd Street (6th Avenue North to Boyd Drive), with recommendation to approve plans and specifications for construction bids for Project No. 5458.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE AMENDMENT NO. 27 TO PROJECT NO.
5240, MANAGEMENT SERVICES FOR PERMANENT
FLOOD PROTECTION PROJECT
The staff report from the engineering department relating to Amendment No. 27 to engineering services agreement with GFEG for Project No. 5240, project management services for the permanent flood protection project, with recommendation to approve Amendment No. 27 with Greater Forks Engineering Group for project management services in the amount not to exceed $70,000.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE RENTAL LEASE WITH ND HIGHWAY PATROL
The staff report from the police department relating to lease between City of Grand Forks and ND Highway Patrol, with recommendation to approve the proposed lease between the City of Grand Forks and the North Dakota Highway Patrol for the period of July 1, 2003 through June 30, 2004 (in an amount of $5.82 per sq.ft per annum, or $8,835 per annum).
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE SOLE SOURCE PROCUREMENT PURCHASE
FOR UPGRADES TO CURRENT PHONE EQUIPMENT
WITHIN 911 DISPATCH CENTER
The staff report from the PSAP Center relating to the sole source procurement purchase of $92,870.00 for upgrades to the current Positron phone equipment within the Grand Forks 911 Dispatch Center from Qwest and Positron, with recommendation to approve the sole source procurement purchase for the phone equipment needed within the Grand Forks 911 Dispatch Center.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
DECLARE CERTAIN PROPERTIES AS SURPLUS
AND AUTHORIZE SALE
The staff report from the Urban Development Office relating to surplus real property, with recommendation to declare the following properties surplus and authorize staff to proceed with their sale through a request for proposals process. (1119 Almonte Avenue, 614 S. 4th Street, 521 S. 6th Street, 1614 Lewis Blvd. and 116 Conklin Avenue).
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ANNUAL PLAN FOR 2004 STATE HOME FUNDS
The staff report from the Urban Development Office relating to the annual plan for 2004 State HOME funds, with recommendation to approve the Annual Plan for 2004 HOME funds ($375,000).
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE 2004 CHEMICAL BIDS FOR WATER
TREATMENT PLANT
The staff report from the Water Treatment Plan relating to the 2004 chemical bids for water treatment plant, with recommendation to approve recommended bids.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FOURTH AMENDMENT TO THE DEFINED
CONTRIBUTION PENSION PLAN
The staff report from the Pension and Insurance Committee relating to matter of Fourth Amendment to the Defined Contribution Pension Plan, with recommendation that the council approve the fourth amendment to the Defined Contribution Pension Plan and authorize staff to execute such document.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE SEVENTH AMENDMENT TO THE DEFINED
BENEFIT PENSION PLAN
The staff report from the Pension and Insurance Committee relating to the matter of the Seventh Amendment to the Defined Benefit Pension Plan, with recommendation to approve the seventh amendment to the Defined Benefit Pension Plan and authorize appropriate staff to execute the document.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
REFER MATTER OF REQUEST FROM UNIVERSITY OF
NORTH DAKOTA FOR FACULTY RESEARCH SEED MONEY
AND STUDENT OUTREACH PROGRAMS TO COMMITTEE
The staff report from Mayor Brown relating to the University of North Dakota Faculty Research Seed Money and Student Outreach Programs, with recommendation to authorize the funding of $100,000 to the University of North Dakota Faculty Research Seed Money Program based upon a 3.1 match from the University of North Dakota; and authorize the funding of $100,000 to the University of North Dakota Student Outreach Program.
Council Member Gershman stated it may be time to bring some structure to how requests come to the council and moved that the Faculty Research Seed Money request and the Student Outreach Program both be referred to the Growth Fund to report back to council. The motion was seconded by Council Member Brooks.
Greg Hoover, Urban Development, stated he has looked at the Growth Fund and JDA requirements and criteria and it is his opinion that we have not done research and development through the Growth Fund, but that the council has at its discretion used Fund 2163 which also funds the Growth Fund to do these types of activities, and suggested that this would be a change in policy for the Growth Fund and if that is something they would like to do in the future, but not sure at this time if the requests coming from the University would meet the current established criteria.
Council Member Glassheim stated what we have done in the past is to allocate 2163 prior to the Growth Fund but before we make a new policy we are sending these to the Growth Fund, and he supports getting some sort of regularized policy but questioned whether we should go ahead with these two tonight as we have until the new person in EDC and Mr. Hoover and the Growth Fund Committee have had a chance to redo the policy as to what will qualify, the money is coming from the same pot but in the past it has been taken out prior to getting to the Growth Fund and this is change in policy prior to changing the policy - for the future need to have the policy clear as to where these kinds of requests go and what process we follow but that is something that should be adopted by first the Growth Fund after consultation with EDC and then by the council as to what funds will go to the Growth Fund process.
Council Member Brooks stated that the Growth Fund Committee makes the determination and if this is a change in policy, send it back to the JDA with a recommendation on the dollars and if not appropriate then send it back to committee of the whole for discussion and then to city council for consideration.
Council Member Gershman stated he didn't think this was a change in policy, and projects have gone through the Growth Fund for research and development, UND has one there now for the ND Design Center and that is research and development, and that this is consistent and this is the way to begin the process and not a major policy shift.
Council Member Glassheim moved an amendment that we do this and that the committee report back to the city council by December 15. Council Member Hamerlik seconded the amendment.
Council Member Christensen stated that the council meeting is December 15, that some of the members would like more information and is question of what their plans are as far as utilization of the funds this year going forward into recruitment next year.
Ann Sande, 1110 Belmont Road, spoke to the issue, that they treat the University as an equal and negotiate with them but not through the Growth Fund as the Growth Fund has certain standards that they have to adhere to.
Dr. Sheridan reviewed some of the information that was distributed last week re. Seed Money Program, that the handout shows approx. $800,000 which is update as of August 31 and which has been invested in faculty that submitted grant proposals and $8 million in new research grants have been awarded and that is 10 to 1 payoff on the investment, one-fourth of that investment came from the City and for $200,000 of City money there have been $8 million in new grants. He stated it would be quite a task to try to identify how many jobs have resulted from the seed money program but offered the following - jobs attributed to this new program of faculty research seed program accounted for by the $8 million of new grants they have received and his best estimate would be about 130 or 140 jobs, most of which would be on campus in service sector.
Council Member Christensen called the question, seconded by Council Member Kreun. Carried 6 votes affirmative.
Upon call for the question on the amendment to the motion, Carried 6 votes affirmative.
Council Member Glassheim stated that there is more a desire to establish a process than vote up or down on either the University or the University's projects, concern as to the funding source and his concern is that this a not vote for or against the University or these projects, the only question is what kind of information would they like people to have when they meet in the Growth Fund.
Council Member Christensen stated they received this information and discussed at the Committee of the Whole, that he was not questioning the numbers the University was providing but have an obligation to ask questions when information presented to them, and time to re-examine the Growth Fund policy, and asked if Alice Hoffarth and Dr. Boyd can tell us what their plans are for the utilization of those funds. He stated there has to be a process.
Upon call for the question, as amended, and upon voice vote, the motion carried 6 votes affirmative.
APPROVE HOLIDAY BONUS FOR EMPLOYEES
Council Member Hamerlik reported that several years ago the council decided rather than cash holiday bonus have given employees compensatory time of 4 hours, that last year did the same thing for comp. time during the holiday season was from now until February 1 - that this is comp. time and not vacation time; that there has been a policy in place and details are worked out by Human Resources and Finance, and moved the approval of a holiday bonus in vacation hours of four hours (pro-rated) for contracted, classified and benefited non-classified employees, to be taken between December 1, 2003 and February 1, 2004. Council Member Kreun seconded the motion.
Daryl Hovland, Human Resources, stated historically the council has given vacation bonus hours, comp. time is time and a half and vacation straight time.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
AUTHORIZE PURCHASE OF DISPATCH CONSOLES
FOR 911 DISPATCH CENTER
The staff report from the 911 Dispatch Center relating to quotations received for the purchase of the four (4) dispatch consoles to be located in the Grand Forks 911 Dispatch Center, with recommendation to approve quotations and authorization for the purchase of the four dispatch consoles in the amount of $45,000.
Council Member Gershman stated that he thinks they should have advertised in a much wider area, only put it in our local newspaper and that he did some checking and that these can have add-ons later on and to be careful on the add-ons and on the mechanical equipment but that there is a pneumatic device that is much less expensive and encouraged checking on those, and moved to approve the recommendation. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
REFER MATTER OF FANNIE MAE LOAN TO FINANCE/
DEVELOPMENT STANDBY COMMITTEE
The staff report from Urban Development relating to Fannie Mae Loan, with recommendation to hold first reading of the ordinance, authorize staff to proceed with the loan as described (loan documents to be reviewed by the city attorney prior to execution), and to authorize the change in Homebuyer Incentive Program terms as described herein.
Council Member Christensen moved that this item be referred to the Finance/Development Standby Committee for a report from Mr. Hoover and Mr. Hansen as to the proposed utilization of the funds. Council Member Kreun seconded the motion.
Council Member Kreun stated this is not a detriment to any of the projects but a process that will look at the funding sources and the repayment schedules and utilize our staff and bring that forward to the council.
Upon call for the question, the motion carried 6 votes affirmative.
APPROVE DISPOSITION OF RIVERSIDE POOL
RELATIVE TO FLOOD PROTECTION PROJECT
The staff report from the engineering department relating to disposition of Riverside Pool relative to the flood protection project, with recommendation to choose one of the following actions: A) Delete pool conversion work under the Phase III Levee Project (this leaves the option open for the existing pool to remain operational in the future). B) Affirm pool conversion work under the Phase III Levee Project (This continues the conversion of the existing pool into a sand volleyball court).
Council Member Glassheim question what is the mitigation for historical purposes of the other building, that if we remove this and change the pool will the City have to do the historical mitigation and estimated cost. Mr. Grasser stated it was his understanding that the historical mitigation is required if expending federal dollars to do the demolition of the pool, if we get to a point at a later time where we decide to turn that into a sand volleyball court, the historical mitigation will not be required because spending local dollars; the building is intended to stay under any and all scenarios. Council Member Glassheim asked that if we remove this from the process now and want to fill it in some way (sand or other uses of it which is not a pool later on) what do you estimate the City would have to do and cost. Mr. Grasser stated they are estimating that if the City had to do that 100% local dollars, estimating at about $30,000 to accomplish that work, more expensive than that through the Corps. Mr. Grasser stated there are some increased cost exposure to the City as the City will have to take over that responsibility or if can get resolution of the issue, can try to talk the Corps into putting in Phase IV, that as of now they have told us no and need to be aware.
Council Member Glassheim moved to approve A) remove pool conversion work under the Phase III Levee Project from the bid. Council Member Christensen seconded the motion. Carried 6 votes affirmative.
INFORMATIONAL ITEM
The matter of the updated 2003-2004 snowmobile route was presented for council information.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment No. 03-23, dated November 28, 2003, totaling $903,223.48 and Estimate Summary in the amount of $1,562,883.94, were presented and read.
It was moved by Council Member Kreun and seconded by Council Member Gershman 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 Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.
APPROVE MINUTES NOVEMBER 17, 2003
Typewritten copies of the city council meeting held on Monday, November 17, 2003, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Glassheim that these minutes be approved. Carried 6 votes affirmative.
COUNCIL MEMBER COMMENTS
1) Council Member Hamerlik reported that the Retirement Working Group and their final report is on the attorney's desk and after his review it will be put on the agenda for the committee of the whole. He stated they received a communication from KBM and that is being worked at because of the December 3 deadline. He also had received word that Art Bakken had major surgery and is back home now and wished Mr. Bakken and his family well.
2) Council Member Glassheim questioned meetings of the Finance/Development Committee which is scheduled on Wednesday for 4:00 p.m. and Friday at 4:00. Council Member Christensen stated he would like to keep them open because of action re. Growth Fund - that Wednesday meeting is audit matter.
3) Council Member Kreun reported that re. Housing Authority, HUD changed voucher program from renting the Section VIII to letting them use those payments for owning a home and Grand Forks Housing Authority was the first agency in the State of North Dakota to utilize this program and we put 2 families in homes under this Program and is part of our low income or entry level housing program that we want to continue and is well worth the information that we have this in place and that our Housing Authority is working hard in putting people in homes, and thanked them for that.
4) Council Member Gershman stated that over a long period of time all of the council members and mayor also have had numerous requests from citizens about various issues and that he has been reading responses from staff to citizens and council, and wanted to thank staff for in-depth reviews they give to these subjects and the concerns of the citizens - are very thorough and that he finds it very informative, very respectful to the citizens and has been every single department and to publicly thank everyone.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Glassheim that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Saroj Jerath
Deputy City Auditor
Approved:
___________________________________
Michael R. Brown, Mayor