Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 1, 2004
The City Council of the City of Grand Forks, North Dakota met in the Council Chambers in City Hall on Monday, March 1, 2004 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, Kerian, Kreun - 7; absent: none.
The second grade class at St. Mary's School led the city council in the pledge of allegiance to the flag,
Leah McCarthy, teacher.
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 commented on various events during the past week and upcoming events:
1) the U.S. Men's and Women's National Curling Tournament is underway this week and need to support because it attracts people here during the week, and next Saturday the event will be taped by NBC and encouraged everyone to attend for the curling championship.
2) Congratulations to all local athletes this weekend from the Central championship in boy's hockey and second place finish by Knight Riders in girls state hockey, and record setting state team's score for first state championship for Knight Rider gymnasts.
3) the ND Museum of Art this week the snow country prison interned in North Dakota is showing now through April 11, about North Dakota's Fort Lincoln, World War II Alien Internment is the book and has interviews and records.
4) thanks to everyone who attended the State of the City address last week, and that he looks forward to a great year and a lot of solid initiatives from council members and various community members that would keep our community moving forward.
5) he announced there were four retirements from the city: Gary Goetz, 36 years of service and was wastewater/stormwater superintendent; Carl Sherlock retired after 23.5 years of service to the city and was wastewater service worker; Earl Walters, senior crewman operator retired after 38 years of service; and Francis "Red" Drake is retiring after 38 years of service to the city in the sanitation department, and thanked them for their service.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
A short video was presented.
Mr. Grasser noted that narrator on the flood video is Christine Diers with the Info Center and this will be her last week with the City, she is moving to other endeavors and thanked her for her work.
Mr. Grasser reported that work continues on number of different phases, Phase II flood walls are still being built; that on February 4 opened bids for Phase III and came in about 5% under the government estimate and the Corps is still evaluating those bids; and Phase IV, last diking phase for the project, is scheduled to be bid late this year. RDO on north end of town is complicated facility to be dealing with as to what they are going to do for alternatives and buy-outs and has been moved to Phase IV. He stated that the National Weather Service had a press conference last week on flood outlook for 2004 and gave a probable forecast - has about a 10% chance of exceeding flood stage and part of that is because of low moisture content in the snow, low soil moisture from last fall, and looking at April being cooler than normal and help slow the melting. He stated the engineering department is planning normal flood fight updates and opened bids today, apparent low bidder is Strata Contracting, and have things in place but won't bring those in to be awarded unless actually needing that; that they have had a meeting with the Corps of Engineers and contractors for coordination of the flood fight because much of their perimeter is under contract and their contractors are required to do actual flood fight (clay hauling, etc.) should it be needed. The next outlook will be in about 3 weeks.
Mr. Grasser reviewed items relating to the greenway, that Phase I has been turned over to the City of Grand Forks, plans for community green and Lincoln Park to have dedication ceremonies in June; that the North Dakota Game & Fish announced an award of $55,000 to fund the northend boat ramp and are continuing to look at additional funding sources for additional boat ramp to see if get two ramps going this year and/or add to the match of the grant they received. He stated that Friends of the Greenway held their annual meeting on February 4, next meeting will be April 7, and the group will be hosting a Greenway Expo scheduled for March 25 from 7:00 to 9:00 p.m. in the Community Room of the Grand Forks Herald. He noted they have a new brochure for the greenway with information, telephone contacts, etc. and are available at the Info Center. He also noted there was a year-end engineering report which has just been completed and will be on the City's web.
Council Member Kreun noted that the Corps will be revising the complete forecast or estimate for the dike project and will have a more accurate cost estimate, and also includes East Grand Forks.
ADOPT ORDINANCE NO. 4010, RE. BORROWING FUNDS
UPON ISSUANCE OF CERTIFICATE OF INDEBTEDNESS
An ordinance entitled "An ordinance adopting Section 2-0501 of the Grand Forks City Code relating to the borrowing of funds upon the issuance of certificates of indebtedness", which had been introduced and passed on its first reading on February 17, 2004, was presented and read for consideration on second reading and final passage.
Howard Swanson, city attorney, reported that if they adopt this ordinance that does provide an expansion of your authority for incurrence of debt on behalf of the City, and is based upon your Home Rule Authority and there is no similar provision in state law.
Upon call for the question and upon roll call vote, 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 ordinance adopted.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 5458
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Webster, Foster & Weston consulting Engineers for Project No. 5458, sanitary sewer on 6th Avenue North from I-29 to North 43rd Street and on North 43rd Street from 6th Avenue North to Boyd Drive, with recommendation to approve Amendment No. 1 with Webster, Foster & Weston for construction administration services in the amount of $21,098.00.
It was moved by Council Member Kreun and seconded by Council Member Christensen 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 amendment approved.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5572, 2004 SIDEWALK REPAIRS
The staff report from the engineering department relating to plans and specification for construction of Project No. 5572, 2004 Sidewalk Repairs, with recommendation to approve plans and specifications and advertise for construction bids for Project No. 5572, 2004 Sidewalk Repairs, with an engineer's estimate of $151,865.00.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
AWARD BIDS FOR PROJECT NO. 5462, ENGLISH
COULEE MAINTENANCE
The staff report from the engineering department relating to consideration of bids for Project No. 5462, English Coulee Maintenance from 24th Avenue South to 17th Avenue South, with recommendation to award contract to Gowan Construction in the amount of $44,391.25.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5479,
DISTRICT NO. 148
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5479, District No. 148, street lighting in Cornerstone Estates, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5479, District No. 148.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8409 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5479, DISTRICT NO. 148
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5479, District No. 148: Document No. 8410 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5479, DISTRICT NO. 148
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8411 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5511,
DISTRICT NO. 140
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5511, District No. 140, street lighting in Columbia Park 29th Addition (Pembrooke Drive, Haleigh Drive and Mulberry Drive) with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5511, District No. 140.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8412 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5511, DISTRICT NO. 140
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5511, District No. 140: Document No. 8413 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5511, DISTRICT NO. 140
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8414 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5618,
DISTRICT NO. 141
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5618, District No. 141, street lighting on Cherry Street from Southend Drainway to 55th Avenue South, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5618, District No. 141.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8415 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5618, DISTRICT NO. 141
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5618, District No. 141: Document No. 8416 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5618, DISTRICT NO. 141
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8417 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5619,
DISTRICT NO. 142
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5619, District No. 142, street lighting on 36th Avenue South (Columbia Road to South 20th Street) and South 20th Street (32nd Avenue South to 36th Avenue South), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5619, District No. 142.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8418 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5619, DISTRICT NO. 142
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5619, District No. 142: Document No. 8419 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5619, DISTRICT NO. 142
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8420 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5620,
DISTRICT NO. 143
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5620, District No. 143, street lighting for Southbrook 1st and 2nd Additions (Curran Court and 48th Avenue South), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5620, District No. 143.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8421- Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5620, DISTRICT NO. 143
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5620, District No. 143: Document No. 8422 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5620, DISTRICT NO. 143
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8423 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5621,
DISTRICT NO. 144
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5621, District No. 144, street lighting on Reummele Road, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5621, District No. 144.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8424 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5621, DISTRICT NO. 144
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5621, District No. 144: Document No. 8425 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5621, DISTRICT NO. 144
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8426 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5622,
DISTRICT NO. 145
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5622, District No. 145, street lighting on South 34th Street (36th Avenue South to Reummele Road), with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5622, District No. 145.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8427 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5622, DISTRICT NO. 145
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5622, District No. 145: Document No. 8428 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5622, DISTRICT NO. 145
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8429 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5623,
DISTRICT NO. 146
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5623, District No. 146, street lighting in North Pines Subdivision, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5623, District No. 146.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8430 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5623, DISTRICT NO. 146
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5623, District No. 146: Document No. 8431 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5623, DISTRICT NO. 146
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8432 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT STREET LIGHTING PROJECT NO. 5624,
DISTRICT NO. 147
The staff report from the engineering department relating to special assessment district for special assessment of Project No. 5624, District No. 147, street lighting for Deacon's Gardens Addition, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5624, District No. 147.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved, and that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8433 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
PROJECT NO. 5624, DISTRICT NO. 147
The deputy city auditor presented and read the engineer's report on Street Lighting Project No. 5624, District No. 147: Document No. 8434 - Report.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING PROJECT NO. 5624, DISTRICT NO. 147
Council Member Kreun introduce the following resolution of necessity, which was presented and read:
Document No.8435 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. 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 resolution adopted.
APPROVE AMENDMENT NO. 28, PROJECT NO. 4820
The staff report from the engineering department relating to Amendment No. 28 to Greater Forks Engineering Group for in-kind survey service, Project No. 4820, with recommendation for approval of Contract Amendment 28 for professional services with Greater Forks Engineering group regarding in-kind survey services related to property and right of way acquisition for construction of the United States Corps of Engineers flood protection system for the city of Grand Forks.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO MPO EXECUTIVE
POLICY COMMITTEE
The staff report from Mayor Brown relating to appointment to MPO Executive Policy Committee to confirm the appointment of Dorette Kerian as one of the city council representatives on the MPO Executive Policy Committee.
It was moved by Council Member Kreun and seconded by Council Member Christensen to confirm the appointment. Carried 7 votes affirmative.
TABLE ACTION ON CANAD/SHELTER ENTERTAIN-
MENT COMPLEX PROPOSAL
The matter of the Canad/Shelter Entertainment Complex, modifications to lease agreements, was presented to the city council.
Rick Duquette, administrative coordinator, asked that the council return this to the negotiating committee as there are further details that he and Mr. Swanson want to discuss with the committee and then return to the council next Monday or the following Monday for final vote. It was so moved by Council Member Christensen and seconded by Council Member Kreun. Carried 7 votes affirmative.
Mr. Duquette reported he had received lot of inquiries in his office re. items put out by some of the media regarding the marketing agreement they have been working on; that information provided by some of the media was that there was about $400,000 being put in the marketing agreement over a 50-year period and that is not accurate and would like to clarify that. The proposal and the agreement they are working on indicates that the hotel tax collections in Grand Forks will be reviewed at the end of each year, if all of those hotel tax collections are up from the previous year, the incremental piece of the hotel tax collections from Canad will be put into the existing marketing agreement - in other words the existing incremental piece that Canad has brought in that year will go into the marketing agreement and they are estimating that between $70,000 to $80,000-$85,000 a year depending on how the market goes.
The other issue that he has had inquiries upon is the length of this marketing agreement and that this is one of the issues he and the city attorney want to work on further - the existing marketing agreement lasts for a period of 5 years and it is his recommendation to the city council that the incremental piece of hotel tax revenue end at the end of 5 years like the existing marketing agreement states at this point.
Council Member Christensen stated he would also add to Mr. Duquette's comments so it is clarified with the public - that the marketing agreement does not provide that the money goes directly to Canad Inn, the market agreement provides that the hotel tax revenues are going to be used and part of the funding of the CVB (Convention & Visitors Bureau) which is charged with the overall marketing of the entertainment portion of this community's industry and it isn't a rebate, a kick-back or a refund to Canad Inns but just that we are agreeing that this is where the money is going to go and that is in our current marketing agreement and would think that if we are as successful as we hope that additional revenues will continue to go from all our hotel projects into the CVB and is what Mr. Duquette will be working on as they continue in the next two weeks.
Mr. Duquette stated in the existing marketing agreement those marketing plans are under the control of the CVB, Events Center Commission and the City as well, those entities need to sign off and approve on this marketing plan before it moves forward in any form or fashion.
Council Member Kreun stated that its money put into a marketing program that will be approved by the CVB, the Alerus Commission, Canad and overall by the city council each year and the understanding was that all of this was to go for the 5- year period so will clarify those issues - that was the understanding and agreement and will write that in the agreement.
Council Member Gershman stated that the public should know that Canad Inns and the whole complex will be paying property tax on the land and special assessments and dike assessments, and that they will pay for the parking that we need to replace, they will maintain it, stripe, do snow removal, and need to make this very clear to the public.
Mr. Duquette reported that we have land to the east of the Alerus (Lot 3) purchased some time back and in discussions with Canad, the committee and Canad have arrived at the conclusion that Canad will pay and maintain that parking and we will not be doing any paving, that is Canad's responsibility and cost. It was reported in the media that there is a parking lot to the west that was going to be paved but that parking lot is already paved and what is indicated in the agreement is that if there is any damage done to the parking lot by semi trucks accessing the back of the Alerus, the City would pay for those and that is reasonable position for us and Canad to take.
Council Member Christensen stated so the public also understands that initially Canad Inns was going to use the parking to the west of their facility and little bit in front but because they came back with the water facility and the entertainment complex when we were doing the discussions and negotiations, came to an agreement because they needed more parking which is the parking lot Mr. Duquette was referring to and they are going to pave and maintain it which is in excess of $1 million and one of the benefits we are going to get as a community is that we are going to have cross easements so when we have activities at the Alerus we will have access to a parking lot they paved and maintain.
Mayor Brown reported this goes to the negotiation committee.
INFORMATIONAL ITEM
The staff report from Greg Hoover, Urban Development director, relating to 2004 Affordable In-fill Housing Program was presented to council for their information.
CITIZEN REQUEST
Dean Michael Ward, 1319 1st Avenue North, stated he has been trying to get some answers to question for two years, that his four-year old daughter was molested in this city, and person who molested her got time served 65 days, and that he feels that deserves more than 65 days, that police said that nothing would be in the paper if they pressed charges, they did so and the next day their names and address were in the newspaper and on the internet, and asked why isn't the money spent ahead of time instead of millions of dollars spent later on when it is too late.
Mr. Swanson stated he couldn't give a specific answer but it wouldn't have any jurisdiction with the City, the questions as to felony prosecution lie with the State of North Dakota, the decision as to whether charges are brought or not brought in a felony case like he described is made by the States Attorney and that the City of Grand Forks, neither the police department nor any other officer with the city has any role in deciding whether charges are brought, once charges are brought and they either plead guilty or found guilty by a jury or a judge, then the sole decision is up to the judge as to what that sentence is - that decision is made based upon what the State Legislature determines as the appropriate sentence. He stated that some of Mr. Ward's concerns he may wish to discuss with legislators from his district and/or the Grand Forks County States Attorney's Office. Mr. Ward stated he has talked with everybody including U.S. Attorney, States Attorney's Office, the FBI, etc. and nobody wants to deal with his problem. Mr. Duquette stated that he and Mr. Ward could communicate tomorrow and get better sense of what is going on and start coordinating with somebody to see where that takes us.
APPROVE BILL LISTING AND ESTIMATES
Vendor Payment No. 04-05, dated February 27, 2004, totaling $1,259,666.60 and Regular Estimate Summary in the amount of $799,007.36, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Christensen 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 FEBRUARY 17, 2004
Typewritten copies of the minutes of the city council meeting held on Tuesday, February 17, 2004 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Christensen that these minutes be approved. Carried 7 votes affirmative.
COUNCIL MEMBER COMMENTS