Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 3, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 3, 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.
MONTHLY FLOOD CONTROL PROJECT UPDATE
Al Grasser, city engineer, presented short video of construction work on the dike project. He also noted that the Corps of Engineers bid another pump station on North 55th Street, engineer's estimate was $3.2 million and apparent low bidder is Park Construction at $2.7 and the Corps is evaluating that bid. He stated the spring flood fight preparations they are making even though there is not a lot of snow on the ground, met last week with the Corps of Engineers and discussed how might coordinate any closure activities or flood fighting activities that they have to make, both in the city and where the Corps has contractors working on. He stated as part of our insurance premium reduction program through FEMA, the Inspections Division sent out notices to all the properties within the floodplain re. some of the issues involved with owning property, one is a reminder to everybody who is encouraged to get flood insurance that there is a 30-day waiting period. He stated this year's flood outlook from the National Weather Service and latest report from them shows about a 12% probability of exceeding flood stage, which is 28 ft., and only 5% chance of exceeding moderate flooding level in Grand Forks, which is about 40 ft., and risk of flooding on statistical basis is very low. He stated the department is planning to have a flood fight open house and has been scheduled for the Grand Forks Community Room on March 18 from 4:30 to 6:30 p.m. and there will be some other announcements relating to that and staff will be available to discuss and answer questions on both the flood fight plan and the permanent flood protection project.
Mr. Grasser reported on the greenway update - that they are scheduling and coordinating some meetings this month with the Elks Drive and Lincoln Park neighborhoods for further discussions about the boat ramp; the Greenway Technical Committee will be meeting in May re. user rules and regulations that should be looked for in the greenway. He stated a logo and name has been chosen for the greenway that will be used in the future marketing.
APPROVE SALARY INCREASE FOR MUNICIPAL JUDGE
The staff report from the Human Resources Department relating to matter of salary increase for municipal judge, with recommendation to approve 3.33% salary increase for Judge Eslinger per wage implementation retroactive to January 1, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5431, STREET LIGHTING DISTRICT NO. 139
The city engineer's estimate of total cost of the construction of street lighting in Southern Estates 1st and 3rd Additions on 44th Avenue South from South 20th Street to South 25th Street, on 45th Avenue South from South 20th Street to South 25th Street, on South 20th Street from 44th Avenue South to 47th Avenue South and on South 25th Street from 44th to 47th Avenues South, in the amount of $75,147.90, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5431, District No. 139, 2003 Street Lighting in Southern Estates 1st and 3rd Additions, with recommendation to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Hamerlik introduced the following resolution, which was presented and read: Document No. 8236 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5408, PAVING DISTRICT NO. 589
The city engineer's estimate of total cost of the construction of paving on South 20th Street from 44th Avenue South to 47th Avenue South, in the amount of $285,598.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5408, District No. 589, paving South 20th Street from 44th to 47th Avenues South, with recommendation to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Hamerlik introduced the following resolution, which was presented and read: Document No. 8237 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5444, SEWER DISTRICT NO. 415
The city engineer's estimate of total cost of the construction of sanitary sewer to serve 2700 and 2800 blocks of 36th Avenue South in the amount of $61,629.75, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5444, District No. 415, sanitary sewer to serve 2700 and 2800 blocks of 36th Avenue South, with recommendation to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Council Member Hamerlik introduced the following resolution, which was presented and read: Document No. 8238 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this resolution be adopted. Carried 7 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 5411, 2003
ASPHALT STREET REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 5411, 2003 asphalt street repairs, with recommendation to award contract to low bidder, Aggregate Industries North Central Region, Inc., in the amount of $29,893.00.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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 contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5410, 2003
CONCRETE STREET REPAIRS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 5410, with recommendation to award contract to low bidder, Specialized Contracting Incorporated in the amount of $221,098.00.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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 contract awarded.
APPROVE CITY AS A COOPERATING AGENCY FOR
RED RIVER VALLEY WATER SUPPLY PROJECT EIS
The staff report from the engineering department relating to consideration of the City of Grand Forks as a cooperating agency on the EIS (Environmental Impact Statement) for the Red River Valley Water Supply Project, with recommendation to approve as a cooperating agency.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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 BIDS FOR MOWER FOR STREET DEPARTMENT
The staff report from the director of public works relating to consideration of mower bids, with recommendation to approve award of bids to the lowest responsible bidders as follows: two-wheel drive riding mower (10.5 ft.), MTI Distributing, Inc. in the amount of $34,045.00; and four-wheel drive riding mower (10.5 ft.), MTI Distributing, Inc., $34,077.00 (demo option).
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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 HOME APPLICATION FOR AFFORDABLE
HOUSING PROGRAMS
The staff report from the Office of Urban Development, relating to HOME application for affordable housing programs, with recommendation to authorize staff to apply for HOME Funds from the ND Division of Community Services for the Home Ownership Assistance and Infill Programs.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be approved. 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.
TABLE ACTION ON RESOLUTION SUPPORTING SITING
OF GRAND FORKS PARK AQUATICS CENTER UNTIL
SPECIAL COUNCIL MEETING ON MARCH 10, 2003
The staff report from Mayor Brown relating to resolution supporting the siting of the Grand Forks Park District Aquatics Center on City property north of the Alerus Center, and the commitment of up to $2 million for the construction of the Aquatics Center.
Council Member Kerian stated as in the normal course of events to discussing items at one meeting and voting on them the next meeting, moved to table action until next Monday, March 10, 2003, at the special city council meeting before the committee of the whole meeting. Council Member Brooks seconded the motion. Upon voice vote the motion carried.
APPROVE CONCEPT REPORT OF SORLIE BRIDGE
ENCHANCEMENT
The staff report from the Downtown Leadership Group relating to the Sorlie Bridge enhancement concept report, with recommendation to approve the concept report.
Council Member Christensen asked that this project be moved as quickly as we can, that we have an issue about painting and lighting the bridge, and want to expedite this so have it lit by the time the Junior World Hockey tournament is here; and moved to approve the recommendation. Council Member Gershman seconded the motion. Carried 7 votes affirmative.
INTRODUCE ORDINANCES RELATING TO THE
JURISDICTION OF MUNICIPAL COURT AND ENFORCE-
MENT OF PARK DISTRICT ORDINANCES BY THE
POLICE DEPARTMENT
The staff report from the administrative coordinator relating to ordinances related to the jurisdiction of the Municipal Court and the enforcement of Park District ordinances by the Grand Forks Police Department, with recommendation to adopt the ordinances relating to the jurisdiction of Municipal Court and enforcement by the Police Department.
Council Member Brooks raised question that we're proposing ordinance relating to Park District, that we have police officers in the schools and should it include school district areas.
Howard Swanson, city attorney, reported the ordinance does not confer jurisdiction to be on the premises to the police department, the police officers have the ability to enforce City ordinances whether it be in the schools or in the parks, however, what is occurring here to be included in the City Code is expressed authority for the police department to enforce Park District ordinances, not City of Grand Forks ordinances. It was noted that the School District has no ordinances.
It was moved by Council Member Brooks and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance amending Section 3-0101 of the Grand Forks City Code relating to general duties of the municipal judge", which was presented, read and passed on its first reading.
Council Member Gershman introduced an ordinance entitled "An ordinance amending Section 5-0202 of the Grand Forks City Code relating to report violations of law, make complaints, attend trials", which was presented, read and passed on its first reading.
APPROVE RECYCLING SERVICE AGREEMENT
The staff report from the director of public works relating to the recycling service agreement, with recommendation that upon final review of the service agreement by the city attorney, approve the recycling agreement with Waste Management of North Dakota, Inc. at rate of $2.05 per month per residential unit and $1.05 per month per participating apartment unit.
Council Member Kerian reported that this is whether or not we're going to continue to pick up curbside recycling, service that the City has had for a number of years and thousands of people are used to that service and need to pay careful attention how we change that kind of service. There were some economic models that were talked about at the last meeting and one of the assumptions was that we were going to be able to use the land that was purchased for a landfill, and that has to be considered in some of the cost models. She stated that they were trying to find a more efficient way to do curbside recycling because in the citizen study that was done in October and November of 2001, 58% did want to retain the curbside. She stated that 6.6% increase that would have to be met by the contractor in order to have full payment. She encouraged the council to consider this for a year, that we have the option with 90-day notice and there has been some discussion about a shorter amount of time to review this, thinks we need significant time for Waste Management to try to change this and need to encourage citizens who want to retain recycling to encourage people; concerned that if the numbers go down it doesn't make sense to keep this program but have not done anything significant in the last several years to try to increase usage, and would appreciate your consideration of continuing this program as we have it before us.
Council Member Kerian moved to approve the recycling agreement with Waste Management, Inc. at a rate of $2.05 per month per residential unit and $1.05 per month per participating apartment unit (agreement attached). Council Member Kreun seconded the motion.
Council Member Kreun stated this was the last effort to promote recycling in Grand Forks under this type of scenario and by monitoring it and keeping close records which would be done by Mr. Feland so we can tell if we are gaining on this project, and this is last chance for the citizens to show that we can maintain and increase curbside recycling, otherwise have to go to a drastic change.
Council Member Brooks stated that in the surrounding towns that use our landfill, we require them to have a recycling program and doesn't believe that any of them have curbside recycling but have drop sites, and that we should look at doing the same, that this may be environmentally responsible to have a recycling program but doesn't mean it has to be curbside, that we don't have a majority of people using the recycling program, and will vote against this as not fiscally responsible.
Council Member Hamerlik stated for the people who did not have the opportunity for knowing how many homes recycle, City staff did this on Route B, in the northwest part of the city and of the 1299 homes, 252 recycle at 19%; in the southend of the city of the 1078 homes, 349 recycle or 32%, the south central part of the city with 1637 homes, 416 recycle or 25%, and for the central part of the city of 730, 220 recycle or 30%. He asked in the motion there was not a time statement made and asked what was intended in the motion. Council Member Kerian stated she was thinking of a year and would be open to discussion on that - a year from the time of the contract is review time and to meet the 6.6%. Council Member Hamerlik stated we need to face the ending time and make some major changes.
Council Member Christensen stated if went to the end of the year, 10 months - between 6 and 10 months would be adequate to see if we can increase the usage by 10%, that if we can't we have to ask staff to begin the process of siting drop-off sites and will have to have a plan for how we do that, servicing the drop-off sites, keeping it clean and some projections, and would hope would have that information presented as part of the budgeting process so we have an alternative if we eliminate this - that in his ward 35% recycle; and may have to change and would like a parallel path so if the council decides to eliminate it, will have the sites located and will have gone through the disruption.
Gerry Nies, 1815 University Avenue, stated he supports recycling, and one of the things he is not hearing in this process is promotion, that if continue recycling without somebody getting something in the paper and encouraging people to do it, not going to happen - would strongly encourage promoting it. He stated he has heard there is a limited capability in apartments unless the apartment manager requests it and lot of people in apartments who would like to recycle; and that he would like to continue curbside recycling.
Terry Bjerke, 5356 5th Avenue North, stated that we've had 10 years of this program and if do promotion, etc. maybe it will barely justify keeping it but doesn't know how long you have to keep studying and disagrees with the study - that he has never recycled and doesn't plan on recycling and urged the citizens of Grand Forks to quit recycling.
Council Member Hamerlik stated that the committee talked at length about promoting, marketing the recycling - that several years ago City had a recycling coordinator on staff and at that time were moving along, some events came along and those were stopped and they worked with recycling firm how that could be done; and moved an amendment to the motion that the agreement be extended to September 30, 2003, at which time the present program would be terminated unless a more satisfactory program is accepted. Council Member Gershman seconded the motion.
Council Member Kerian stated she is concerned that they are not going to have enough time to results, Waste Management is talking about investing some money and if we make it too short a time, they may not believe it is in their best interest to make some efforts and would prefer to see 9 months and amended the amendment to January 1, 2004. Council Member Glassheim seconded the motion.
Mr. Swanson stated that the maker and seconder of the original amendment can accept it as a friendly amendment, and if they do not it is eligible to be brought to the floor as a subsequent amendment. They did not and have a second amendment by Council Member Kerian and second by Council Member Glassheim.
Council Member Kreun stated if they go with Council Member Kerian's amendment to the amendment, it gives Waste Management the opportunity to go forward with it for a period of time to see if they have the ability to promote it, there haven't been apartments or large areas that have been solicited to become recyclers, it gives them the opportunity to set up the drop sites at the apartments, gives the opportunity for them to contact people and put this in motion, and if it becomes too short we could vote it down tonight if we don't give it enough time to react.
Mr. Swanson stated before our procedural rules we can have two amendments to a particular motion, and now have two amendments on the floor, a third attempt at an amendment would be out of order until you have acted upon one or both of the amendments before you.
Mr. Feland, director of public works, stated he would recommend going to the end of the year, that they've met their first goal period and have something to shoot for at the end of the year. - 9 months and at that time make a decision at that time whether to discontinue it or extend it, and will look for a backup plan in the next 9 months if don't meet the goal at the end of the year.
Council Member Hamerlik asked for procedural rules on the amendments. Mr. Swanson stated the item before council is whether or not you would amend the amendment to terminate the agreement as of December 31, 2003, and if that amendment fails, you would then vote upon the first amendment which would be terminating the agreement as of September 30, 2003, and if the amendment to December 31, 2003 passes, the September 30, 2003 amendment is moot and would then be voting on the main motion, as amended, with a termination date of December 31, 2003.
The question was called on the second amendment to extend the contract to December 31, 2003. The motion carried 7 votes affirmative.
Council Member Christensen stated that this contract doesn't have any reports re. periodic increases, and it is his understanding that the staff is going to monitor this on a monthly basis as to tonnage and increase. Mr. Feland stated that the contract provides for that, the materials have to go across our landfill scale and that will be the tonnage portion, and that Council Member Kerian wanted to add some language last week related to the number of people that were recycling and would prepare a report - that for each month do Routes A and B and would have one of his staff members do that, and two weeks out of each month would do Routes A and B so would have a percentage number of whose doing it, during what month and have the tonnage figures each month. Council Member Christensen asked what it would cost the City to do it itself as far as 6 sites and cost for receptacles, and if have to buy back receptacles the citizens have or do we own those. Mr. Feland stated the City owns the three containers that people have and not providing for any further investment in new containers. Council Member Christensen stated to make sure that the City along with Waste Management that there's a coordination here so we have accurate information on September 30 and if doesn't look like much improvement by September 30, have a backup plan.
Council Member Christensen moved as part of the main contract that the City adopt a monitoring process as outlined by Mr. Feland and give council that information on a monthly basis, and that by October 31, give us a backup plan if it doesn't appear there's any increase and be in a position to implement our own recycling in a drop-off site. Council Member Brooks seconded the motion. Carried 7 votes affirmative.
Upon call for the original motion, as amended, and upon roll call vote, the motion carried 7 votes affirmative.
Council Member Kerian stated this would have an impact on some of the citizens who are using this service and we need to be sure that there is awareness of this and asked if they would consider having Public Information work on this, either through water bills, etc. but making sure that people do have this information so that they can also monitor it themselves or put on the web site so they can track it and can try to make a difference in making sure that this is retained for those who want to use it but if they don't, maybe make their own plans after December 31, 2003 if that looks like the trend.
APPROVE BILL LISTING AND ESTIMATES
Vendor Payment No. 03-05, dated February 28, 2003 and totaling $1,630,217.41, and Estimate Summaries - Flood Estimate in the amount of $256.00 and Regular Estimates totaling $783,642.17, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Kerian that these bills 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 ordered paid.
APPROVE MINUTES FEBRUARY 18, 2003
Typewritten copies of the minutes of the city council meeting held on Monday, February 18, 2003, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Kreun that these minutes be approved. Carried 7 votes affirmative.
COMMENTS BY MAYOR AND CITY COUNCIL
1) Council Member Brooks stated that two meetings ago he asked if they could have rep. from Economic Development Corporation on agenda to make a presentation on their 2002 results and plans for 2003, and to share that with council and public as to what they are doing. Mr. Duquette noted that.
2) Council Member Brooks stated he looked through the awards for Sgt. Ferguson and in a majority of them the word rescue comes in all of them, and he's the example of what our police force really does and very impressive.
3) Council Member Hamerlik stated many people concerned about Springfest, and that the Park Board has meeting scheduled for tomorrow at 5:00 p.m. in the Park District Office and will be discussing a proposal for ordinance at to how it relates to Springfest.
4) Council Member Kreun stated that HUD has recently published a 2003 income limits and median income, and findings of last week, HUD determined that the median household income in Grand Forks County is $54,100 and is an increase of 10.9% over last year's median income of $48,800; and using the same basic industry standard of a family having the ability to purchase a home 2.5 times their annual income, a family earning the median income of $54,100 would be able to afford a home with a purchase price of $135,250, and there are other positive aspects of the latest publication of HUD's numbers. It appears that if household income is increasing in Grand Forks County, the family size income category, it will increase around the same which is 10% and that means they will be able to help more families with our existing Affordable Housing Program. He stated they are working very hard with our Affordable Housing Program, these numbers do help us and we're going in the right direction.
ADJOURN
It was moved by Council Member Gershman 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