Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 6, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 6, 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 (teleconference), Gershman, Christensen, Kerian, Kreun - 7; 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.
Brent Miller, 4th grade teacher at Ben Franklin School, and his 4th graders led the city council in the pledge of allegiance to the flag. Mayor Brown thanked them and that on their way out Mr. Haga would give each one a City pin.
Mayor Brown announced that this is Folic Acid Awareness Month and read the proclamation.
He also recognized Daryl Hovland, Human Resources, who is in charge of Workmen's Compensation for the City, and that the City received an evaluation commending him for the very low number of Workers' Compensation cases, and that this has resulted in a 10% reduction in our premiums with a savings over the last 3 years in the amount of approx. $186,000, and thanked Mr. Hovland for his work.
He gave congratulations and thank yous to everyone who worked on First Night, the event was first rate, and specific thanks to Christine Paige-Diers, who acted as coordinator this year and to all the volunteers.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, stated that ICS, Phase II contractor, has brought section in Lincoln Park up to grade, needs top soil and finish work; there is a gap where the storm sewer outfall pipe to provide drainage to the river, and eventually a lift station in that vicinity for storm pumping. The other active site is at English Coulee pumping station for the closure hoping to be ready in spring flood fight of 2004. Gowan Construction is active and doing the English Coulee diversion ditch west of town and working in area between Gateway Drive and DeMers Avenue, and the goal is to get close to 17th Avenue South by spring. He stated they do have Phase I contractors also working on some of the other lift stations installing pumps and gear, etc.
COUNCIL MEMBER GLASSHEIM EXCUSED (PHONE
SYSTEM DISCONNECTED)
Melanie Parvey-Biby, greenway coordinator, gave a brief presentation and summary of the activities for the greenway. She stated they received a $50,000 award from the Garrison Diversion Conservancy District, which will be used in the downtown development of the community green; and that the City was also awarded a $991,000 Transportation and Community System Preservation Grant to develop trails that will tie the community to the greenway and will be developed in 2003. She reported they also received a greenway planning award, received regional recognition as Mr. Flink accepted an award that there was teamwork spirit of innovation and creative solutions were applied to the river corridor in their master planning. She stated the greenway is being developed in conjunction with the Flood Protection Project and also developing the recreation portion and some trails are being developed for Phase I and will be constructed and connect to other segments of trails in the greenway. Lincoln Drive park and the community green area will be completed next summer and are doing a number of cleanup activities in the greenway, removing former streets and utilities and goal is to have most of the construction done so when portions up and running, no more construction in the neighborhoods; and soon will become a complete system of over 14 miles of trails between the two communities - this is a 14 ft. wide asphalt multi-use path. She reported they developed a video re. marketing activities and revised the city web page, added information to the Dakota Science Center's nature ship site and developed a map with East Grand Forks that shows all the recreational features that will be included on the project. She noted they finished a greenway display and brochure set up around the community and region, brochures distributed to all UND student organizations and area civic and non-profit groups along with a letter letting them know that they were available to talk to them about the project. She reviewed events that were held in the greenway: Veterans Day Race, Christmas in the Park, which was hosted by local Lions Clubs. She noted visions for 2003 include developing an operations and maintenance plan in budget, develop a restoration plan and began implementation on a small portion of it, continue working on developing a list of greenway user rules and regulations, finalize Phase III plans for the design of the recreation area and see some of that project begin, develop process for addressing greenway betterment requests (i.e., dog park) and continue working with the Park District and other organizations on hosting the greenway events. She stated they will continue monthly council updates, bi-monthly news letters and other educational materials, hosting first annual greenway cleanup day in May and continue to work with the MPO on the non-paved trail plan and will continue to host a number of quarterly greenway technical committee meetings, coordinate bi-monthly meetings with greenway coordination group.
ADOPT ORDINANCE NO. 3958, ANNEXING ALL LANDS
PREVIOUSLY PLATTED AS LOT 1, BLOCK 1, PERKINS
FIFTH ADDITION TO BE REPLATTED AS LOTS GG, HH
AND JJ, BLOCK 1, PERKINS FIFTH ADDITION, EXCLUDING
PARTS PREVIOUSLY ANNEXED THEREOF
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all land previously platted as Lot 1, Block 1, Perkins Fifth Addition to be replatted as Lots GG, HH and JJ, Block 1, Perkins Fifth Addition, excluding parts previously annexed thereof", which had been introduced and passed on its first reading on December 16, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
CITIZEN'S COMMENTS
Douglas J. West made comments relating to the death of his daughter in 1997, that a conclusive investigation into her death was never conducted by the Grand Forks City Police, County Social Services and County Coroner and that prompt and precise legal attention to this incident will be greatly appreciated. He distributed a copy of his comments to council members.
DECLARE CITY OWNED-HOMES IN PHASE IV/IA FLOOD
RESPONSE RENTAL PROGRAM AS SURPLUS AND TO
SOLICIT BIDS
The staff report from the urban development office relating to Phase IV/IA Flood Response Rental Program/City-owned homes, with recommendation to declare the homes summarized in this report surplus property and direct staff to solicit bids at such time as each home becomes available to be sold (Document No. 8222 - Listing).
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE EMPLOYEE CONTRACT FOR POSITION OF
COMMUNITY/GOVERNMENTAL RELATIONS OFFICER
The staff report from the administrative coordinator relating to the employee contract approval, with recommendation for contract approval for the position of Community/Governmental Relations Officer.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE APPOINTMENT TO ALERUS COMMISSION
Mayor Brown's appointment to the Alerus Commission of Sandy Glas as a public at large representative to the Commission for a three-year term was presented for consideration. It was moved by Council Member Christensen and seconded by Council Member Kreun to confirm the appointment of Ms. Glass for a three-year term. Carried 6 votes affirmative.
COUNCIL MEMBER GLASSHEIM REPORTED BACK
APPROVE REVISED SCHEDULE OF 2003 SPECIAL
EVENTS PROGRAM
The staff report from the Office of Urban Development relating to 2003 Special Events Program, with recommendation to approve revised schedule for 2003 Special Events Program and appoint a Special Events Review Committee.
Council Member Hamerlik moved the recommendation to approve the revised schedule, to appoint a Special Events Review Committee for a one-year transition period of Council Members Glassheim, Gershman and Hamerlik who served on the committee last year and to include Charlie Jeske and Julie Rygg, the executive directors of the CVB and the Alerus. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
Council Member Christensen stated as an additional item on the special events money, he would request that the council request the city attorney to obtain an attorney general's opinion regarding whether or not the council has the authority as a home rule council to dispense money for the special events in light of the recent Attorney General's opinion that came out in Mandan this summer.
Mr. Swanson stated he can make the request but doesn't know why they would want it, that they are aware of distinctions legally between the city of Mandan and the city of Grand Forks on the Home Rule Charter. Council Member Christensen stated the Attorney General's opinion stated the opinion does not cover cities with Home Rule Charter, and because it doesn't cover he wants an Attorney General's opinion that says if a Home Rule charter exists and if you have an ordinance as we just passed exists, does that then allow a council to go forward in light of the prior Attorney General's opinions and further in light of what appears to be statutory and constitutional provisions that seem to be getting in the way; and would like that they do this as quickly as they can inasmuch as they have a legislative session starting and if they have a problem, could get an amendment to the statute to cure the problem, and moved a motion to obtain the attorney general's opinion. Council Member Kerian seconded the motion.
Council Member Hamerlik stated he heard this morning that Mr. Stenehjem is coming out with a further statement and ruling having to do with city of Fargo and that ruling will be out within the next 24 to 48 hours. Council Member Kreun questioned whether they should wait for that decision. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative. Mayor Brown noted that the city attorney was so charged.
APPROVE PURCHASE OF POLICE VEHICLES
The staff report from the police department relating to the request for purchase of marked police vehicles, with recommendation for approval of acceptance of bids for the purchase of eight new-marked patrol vehicles.
Council Member Hamerlik stated that in another year that the department revisit this prior to the time of the bids, that he was told the reason that GM dealers did not submit a bid is because it was 8-cylinder over 6-cylinder and previously the bid was thrown out; that we have a couple 6-cylinders now and competition is good, and want to have that revisited. Council Member Kreun stated that Ford is one of the major bidders because they are the only one that actually puts together a police package and want to stay as close to the police package as we can get for durability and safety reasons.
Council Member Hamerlik stated they don't want to deter from safety if there is a safety-feature, that there is a lot of electronic equipment in there that may need bigger generators, etc. but recently the State of North Dakota purchased 100 vehicles from General Motors and many of those vehicles went out to sheriffs, county officers, etc.. He stated with the last bid that came out of Grand Forks we would have saved about $4,000 to $4,200/per vehicle - a 6-cylinder vehicle will run much cheaper, and that in another year consider the 6-cyclinder and also to make sure that it isn't a neglect on safety. He moved to award the bid to Hansen Ford in the amount of $176,088.00 less trade of $29,680.00 for a total price of $146,408.00, seconded by Council Member Brooks.
Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE APPOINTMENT TO GATEWAY DRIVE
DESIGN REVIEW CORRIDOR STUDY GROUP
The staff report from the planning department relating to appointment of city council member to the Gateway Drive Design Review Corridor Study Group, with recommendation to appoint a member of the city council.
It was moved by Council Member Hamerlik to appoint Council Member Brooks who is a representative of one of the wards in that corridor. Council Member Gershman seconded the motion. Carried 7 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARIES
Vendor Payment No. 03-01, dated January 6, 2003, and totaling $1,924,480.39 and Flood Estimate and Regular Estimates in the amounts of $651.75 and $1,812,842.45 were presented and read.
It was moved by Council Member Christensen and seconded by Council Member Kerian 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.
APPROVE MINUTES DECEMBER 16, 2002
Typewritten copies of the minutes of the city council meeting held on Monday, December 16, 2002, were presented and read. It was moved by Council Member Christensen and seconded by Council Member Gershman that the minutes be approved. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks reported that some time ago the owners of the former Griffith's Building were here, Dan Sampson and Todd Nedberg, with a request for some dollars for a renovation project which was not approved, that he looked at the building over the weekend and looks much better, and wanted to congratulate them on the improvements that have been made to the building.
2) Council Member Brooks commented re. department heads who are on vacation or meetings and give memos to council members and appreciates that, but thinks that when they go on vacation, they shouldn't have to turn those cell phones on, and concerned we burn out our staff.
3) Council Member Kerian thanked people who cleaned off the bike paths in the winter, as there were lots of people in this nice weather that were on the bike path, and appreciates that during the holiday season.
4) Council Member Gershman stated that he has noticed snowmobiles on yards, and notice to snowmobilers to please stay on the routes. He also noted that Rolland Young's son-in-law who is a city council member in hometown in New Zealand, and welcomed him to Grand Forks.
Council Member Kreun stated that the snowmobile activity taking place on the greenway that isn't completed yet, there are areas where young children are sledding and trying to cross-country ski and is concerned with snowmobiles in those areas and chance for accidents. Chief Packett acknowledged comments.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
____________________________________
Michael R. Brown, Mayor