Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 2, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 2, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Christensen, Kerian, Kreun, Gershman - 6; absent: Council Member Glassheim - 1.
Members of Boy Scout Troop 319, Grand Forks Air Force Base, Cathy Braden, scoutmaster, led the city council in the pledge of allegiance to the flag.
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:
That we wish to express condolences to the family and friends of Linda Christensen, she was excellent representative of the city of Grand Forks in the State Legislature;
Congratulations to Cirrus on the recent success for being number one for the first time in their history in the production of single-engine airplanes.
Congratulations to the Alerus Center for a successful Boston concert.
He thanked the sponsors of CATS Incredible and Friends of the Greenway and Johnstown Bean Company for sponsoring their team in this event and was amazing event for the community, along with Farmers Market also going on Saturday. He thanked all the chili competitors and congratulations to Happy Harry's team for taking home 3rd place; he thanked Mike Pokrywinsky for people's choice award and second place. he stated that his team took #1 and thanked Pete Haga, Peter O'Neill, Todd Feland, John Schmisek and Rick Duquette for great weekend and great team.
Gerry Nies on behalf of the Greenway thanked all who participated in the chili cook-off on Saturday, had members of city government, city council members, businesses and individual members of the community and the Grand Forks Air Force Base participating as teams, judges and sampling the chili. He thanked the sponsors, and congratulated Mayor Brown and his team for winning first place. He noted this was a fund raiser for the Greenway so they can help to continue support and promote the greenway.
Council Member Gershman stated we should thank the Friends of the Greenway, these are volunteers who are committed to the greenway and thanked them for the work they do.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, stated that the Corps accepted bids on two projects. one is Hartsville Coulee, East Grand Forks, Mn (drainage cut-off) and the pedestrian bridges and are continuing to move ahead and leaves only two major things to bid are Phase IV bids on both sides of the river. A short video presentation was made.
Melanie Parvey-Biby, greenway coordinator, reported that the bids were opened for the pedestrian bridges last month, Swingen Construction was low bidder at $5.37 million and were informed by the Corps of Engineers today that had adjusted the government's estimate, estimate was $3.9 million and have adjusted it to $4.8 million based on increased prices in steel and concrete, that they will be reviewing the bid documents this week and may be able to award the project next week. She stated a restoration tour was made for the ND and US Forest Service, that they looked at plantings that were done along the riverbanks earlier this summer and were impressed with the project and establishment of the trees, and had a successful rate of the restoration project. She stated they have worked with the street department in putting up some signs along the riverbank.
ADOPT RESOLUTION VACATING ALLEYWAY IN
BLOCK 3, PROMENADE FIRST ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 25-foot alleyway through lands platted as Block 3, Promenade First Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with 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 Kerian that we find and determine an insufficiency of protest to the proposed vacation, and adopt the following resolution which was presented and read: Document No. 8591 - Resolution. Carried 6 votes affirmative.
APPROVE LEASE WITH NORTH DAKOTA HIGHWAY
PATROL FOR OFFICE SPACE
The staff report from the police department relating to office space lease agreement between the City of Grand Forks and the ND Highway Patrol, with recommendation to approve proposed lease between the City of Grand Forks the North Dakota Highway Patrol for the period of July 1, 2004 through June 30, 2005.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE LEASE AGREEMENT FOR CONVENTION
AND VISITORS BUREAU BUILDING
The staff report from the finance department relating to lease agreement for the Convention and Visitors' Bureau (CVB) building, with recommendation to authorize proper city officials to sign the agreement. The lease agreement is for $1.00 per year and is a five-year lease ending June 20, 2009.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE AMENDMENT NO. 1 TO PROJECT NO. 5676
FOR CONSTRUCTION PHASE ENGINEERING SERVICES
The staff report from the engineering department relating to Amendment No. 1 to Webster, Foster & Weston for construction phase engineering services, Pump Station 42 and Forcemain, Project No. 5676, with recommendation for approval of Contract Amendment 1 for professional services with Webster, Foster & Weston regarding construction phase engineering services, Project No. 5676, in the not-to-exceed amount by $65,932.00.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 5402, NORTH
END BOAT RAMP
The staff report from the engineering department relating to consideration of bids for Project No. 5402, North End Boat Ramp, with recommendation to award contract to low bidder, ICS, Inc. in the amount of $148,237.00, funded by outside grants and Greenway Betterment Funds.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE CONTRACT AMENDMENT NO. 1 FOR ENGINEERING
SERVICES, PROJECT NOS. 5677 AND 5678, SANITARY SEWER AND
WATERMAIN
The staff report from the engineering department relating to Contract Amendment #1 for construction administration with CPS, Ltd. for Project Nos. 5677 and 5678, sanitary sewer and watermain along Adams Drive, with recommendation to approve Contract Amendment #1 to CPS, Ltd. for construction administration.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BUDGET AMENDMENT, FIRE DEPARTMENT
The staff report from the fire department relating to budget amendment, with recommendation to approve budget amendment to purchase capital items for Weapons of Mass Destruction (total of $140,000) monies from Department of Homeland Security (DHS) FY 2003 Supplemental State Homeland Security Grant.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BUDGET AMENDMENT, FIRE DEPARTMENT
The staff report from the fire department relating to budget amendment, with recommendation to bring unused 2002 "Weapons of Mass Destruction" revenues into the 2004 budget.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BIDS FOR MOBILE DATA COMPUTERS FOR
POLICE VEHICLES
The staff report from the IS director relating to consideration of bids for MDC's (mobile data computers) for police vehicles, with recommendation to award bid in the amount of $169,781.56 to CDW.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE PUBLIC LIBRARY BOARD APPOINTMENT
The staff report from Mayor Brown relating to Grand Forks Public Library Board appointment, with recommendation to confirm the appointment of Susan Mickelson and the reappointment of James Hovey to the Grand Forks Public Library Board for a term of three years each.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
APPROVE APPOINTMENT TO PENSION AND INSURANCE
COMMITTEE
The staff report from Mayor Brown relating to Pension and Insurance Committee appointment, with recommendation to confirm the appointment of Gerald Hamerlik for a three-year term as one of the city council representatives on the Pension and Insurance Committee.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
APPROVE PROPOSALS FOR SALE AND REHABILITATION
OF HISTORIC HOMES
The staff report from the urban development office relating to request for proposals for the sale and rehabilitation of historic homes, 1119 Almonte, 521 South 6th Street, 614 South 4th Street, 116 Conklin, 1614 Lewis Blvd., with recommendation to approve proposals and convey the properties per the review committee's recommendations.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
REFER MATTER OF CREDIT CARD POLICY AND
PROCEDURES TO FINANCE COMMITTEE
The staff report from the finance department relating to credit card policy and procedures, with recommendation for approval of the credit card policy and procedures.
Council Member Christensen stated there was some discussion at the last meeting and moved that this be referred to the finance/development standby committee; seconded by Council Member Kreun.
Council Member Kerian stated that this should be discussed further but hoped that their recommendation support use of credit cards as efficiency in business. Council Member Kreun stated there are pros and cons on both sides but there is an opportunity for us to gain some efficiencies and some frequent flyer miles paid back to the City.
Council Member Christensen stated they could begin the committee process about the third week of August because he would like to get briefing from the city auditor and from Council Member Hamerlik about the problems they had before.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative
REFER 2005 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM TO FINANCE COMMITTEE
The staff report from the office of urban development relating to 2005 Community Development Block Grant Program, with recommendations to (1) approve the 2005 CDBG process; (2) approve a revised Citizens Advisory Committee process for application review; and (3) approve United Way as administrator of 2005 Public Service funds.
Council Member Christensen stated there was some conversation at the last committee of the whole meeting that this be placed in the finance/development committee, that it is anticipated that the City will have in addition to its normal CDBG monies anywhere from $5.3 to $6.3 million between 2005 and 2009. He stated in using this money, could form a separate entity that would be engaged in either for-profit activity or development activity downtown and most of the money could be used for housing project downtown or in the near north end and talking about ability to do anywhere from $15 to $20 million project. He stated when meeting with the Downtown Committee the priority was housing at some level downtown, that council persons received a questionnaire from the Urban Development Office that addresses things that you can do with CDBG money and are asking what priorities are but that he doesn't want to get into parceling out this money without giving some thought to using this significant amount of money for couple big projects to have some overall community impact. - and would like it to go back to committee and come back with report within 6 weeks.
It was moved by Council Member Kerian and seconded by Council Member Kreun to refer this item to the finance/development committee and to come back with report within 6 to 8 weeks.
Keith Lund, Urban Development, stated the City's annual action plan which is their application to HUD for release of funds is due on November 15, 2004 and would like to accelerate that time frame, that they have sent out applications and notification to non-profit agencies that the funds are available and can apply on the parallel process and can be discussing long range planning but would like to stay with those time frames. Council Member Christensen stated plan due to HUD by November 15, 2004 but if deviate from plan, can amend your plan if within confines of HUD requirements. Mr. Lund stated the first action that is scheduled for a body, that is not the citizens advisory committee, is September 22 at which they would like the finance/development committee to make their funding recommendations for the CDBG program - that if they were to employ the services of the citizens advisory committee for even a portion of those funds, they would like to get that process underway in early September.
Council Member Kreun stated what they have been doing in the past and some of those recurring funds they have been utilizing are going to stay somewhat constant, but the additional funds that they are looking at to see how they can utilize those for infrastructure, capital expenditures that benefit the whole community vs. LMI, and talking two different segments.
Council Member Christensen stated that the consensus was housing and have made good progress on our affordable housing projects, now more concerned about what we can do to make sure that the older part of community can use this money for an affordable housing project of some significance and explore that before parting with $5 or 6 million, and revitalize the north end of Grand Forks, that 6 to 8 weeks of study shouldn't preclude the dispensation of this money if we find that we can't do it. Mr. Lund stated he agreed in terms that the city of Grand Forks needs to look at targeted revitalization efforts, their goal is to make sure they don't lose sight of the time line and application due date to HUD.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE YEAR ENDED DEEMBER 31, 2003
The staff report from the assistant director of finance and administrative services relating to The Comprehensive Annual Financial Report of the City of Grand Forks for the year ended December 31, 2003, and the Independent Auditor's Report, with recommendation from the audit committee to accept the Comprehensive Annual Financial Report of the City for the fiscal year ended December 31, 2003, recommends appropriate departments to follow-up on the recommendation of the items in the management letter by October 1, 2004, and authorize final payment to Brady, Martz and Associates, P.C., subject to final approval by the State Auditor's Office.
Council Member Brooks stated that what looking at in the financial statements is first one issued under the new GASB 34 requirements and if read through the financial statement there is a wealth of information, and if want to see how the City is functioning from a financial and policy standpoint this has a number of items and facts in it; that there is a narrative that points out the general fund and the budget and shows the amendments and what the final budget was; that some things that council needs to be aware of and cites the fact that the City is financially accountable for component units, and one of those components is the Grand Forks Regional Airport authority, that they get mills and we have people who sit liaison as ex-officio but we do have a responsibility there. He stated under Contingent Liability related to FEMA that is contingent liability, also that we guarantee to pay a portion of the Grand Forks Regional Airport Authority debt issued in 1994 and 1998; that there is a lot of information that council members and public as a whole should take a look at, but the document is an excellent document and reflects the work that our finance department has done and assistance of Brady Martz in putting GASB 34 into service here and giving us this information.
The city auditor stated the work effort that it took to accomplish this report as this was major revision after number of years of reporting, that Saroj Jerath took the lead in the finance department and she and other staff members who have worked on this deserve congratulations in completing this project; and noted that the engineering department, in particular Cindy Voigt worked very hard on infrastructure part of this and accumulating that information, and was a team effort.
It was moved by Council Member Gershman and seconded by Council Member Christensen that the recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE PRELIMINAY BUDGET FOR 2005
The staff report from the finance department relating to the preliminary budget of the City of Grand Forks for 2005, with recommendation to give preliminary approval of the budget for the City of Grand Forks for the period January 1, 2005 through December 31, 2005.
Council Member Brooks stated his concern in looking at the 2005 budget is the color of the bottom line and prefers black to red, that we are headed in that direction, and if we pass this budget we still have what we do in the next month and in sitting down and putting together a five-year financial plan that will keep that bottom in the black by impacting both sides, not just expenses but revenues, that staff needs to look at positions as they come open, analyze or do some blending of positions; and need to see some reports in terms of turn-over so they can see how things are going and establish some policies.
Council Member Gershman stated that this council along with mayor and staff will start meeting in September to look at the 2006 budget and starting to set some policies for 2007 and 2008 and if there are changes that are recommended as policy from the city council to mayor and staff there is significant amount of time for them to address these issues, that had good discussion in Wednesday planning meetings and those will continue.
Council Member Hamerlik moved the recommendation for approval of the preliminary 2005 budget; Council Member Gershman seconded the motion.
The city auditor stated there will be a public hearing on the budget on Tuesday, September 7, 2004, and that once the preliminary budget is approved, they may decrease it but cannot increase it, only subject to unanticipated revenues. He stated the preliminary budget is one that had supplemental sheets handed in last week that totaled $133 million that has the $4 million bio-solids project included, originally sent out at $129+ million; and needs to make you aware of a notification received from the County Correctional Center last week of an increase in prisoners board from $60 per day to $100 per day going into effect April 1, 2005, and have impact in general fund of somewhere between $65,000 and $75,000, not suggesting they make changes but find ways to cover it through the year.
Council Member Kerian stated we still have the utility bill issue that will be presented to the public next week. The city auditor reported there will be several meetings on that, the preliminary information will be at next week's committee of the whole meeting with introduction of the ordinance at the next council meeting, and on agenda for second committee of the whole and final reading of the ordinance at council on September 7. He also noted that they completed the cost of service study for all of the utilities in 2003 and this tracks along with that whole planning document.
Council Member Kerian stated she had heard that utility rates favor general public vs. industry, and that this was to assess expenses relative to the cost. Todd Feland, director of public works, stated the goal of the cost of service study was to create classes and evaluate to make sure rates were fair and equitable within each class, and found that some areas were subsidizing another and that over next few years the rate increases reflect our moving towards that goal of fair and equitable rates among all the classes and that one wouldn't subsidize another.
Upon call for the question and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the preliminary budget adopted.
CITIZEN REQUESTS
Roland Riemers, 421 1st Avenue South, Libertarian candidate for governor of North Dakota, addressed the city council relative to problem with political free speed in Grand Forks, that they are currently involved in petition drive for presidential candidate in the Grand Forks area, and have noted a number of problems and would like the city council to address those problems; one was public access to public buildings and as they have gone to city-owned properties as Alerus, Library, etc. have run into road-blocks to political free speech and has had to educate those managers and officials on the state of federal and state laws as far as political free speech and eventually were allowed in but wasting a lot of city officials time and his time and first request would be that 1) they come up with a one-page policy stating time, manner and place restrictions on political free speech in public facilities; and 2) the problem with getting into contact with citizens at public parking lots and other facilities (privately owned parking lots and malls) but fairly clear that the city or the state can mandate open and free political and free religious speech in private property as part of their police powers and would request that the city council have an ordinance allowing free political speech at public parking lots and inside mall areas themselves and also an access problem in large apartment buildings, some allow in and some won't under the no soliciting policy of that building, that politicking not soliciting but practicing political free speech and City has right under police powers to mandate some minimal entry into those apartment buildings and structures by identifying yourself and talking to manager or have a box where you could put your literature in, some type of access into these buildings because if we are going to make democracy work have to have a way to communicate to citizens, and that he pulled out the more recent Supreme Court cases plus the ND Supreme Court cases that cover the area of political free speech and presented them to the mayor for presentation to council members and thanked mayor and council for time and consideration.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 04-15, dated July 30, 2004, totaling $1,167,005.82 and estimate summary in the amount of $2,471,656.96 were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Kreun 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, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES, JULY 19, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, July 19, 2004 were presented and read. It was moved by Council Member Christensen and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative
MAYOR AND COUNCIL COMMENTS
1) Council Member Hamerlik stated in regard to the request they just heard, that since the Alerus is a separate organization, not necessarily under control of council or commission, and differentiate that one. Council Member Christensen stated that whether we have separate commissions or not, that we have a city policy dealing with free speech on city property if we choose to go that way, that council makes decisions for the group and doesn't pass decision making onto separate entities, because if legal in City Hall then probably legal in the Alerus and deferred to Mr. Swanson' s opinion before segregating areas and defer to written opinion and recommendation from our counsel before we decide to entertain any type of conversation in that area. Council Member Hamerlik stated he raised the question that be considered and basing on city ordinance that we have.
2) Council Member Christensen stated he hoped to have the report from Mayor's Downtown Commission this week or next so they can move forward with CDBG issues, esp. housing issues. He stated re. preliminary budget that all would like to address decreases in spending and that is why the mayor and council have agreed to start review of the 2006 budget in September, and under mayor's and council's leadership are telling staff want to start this 6 months earlier than in prior years; and will be planning budget year and a half out; and will be presenting various issues at the committee meetings so citizens know there is discussion and deliberation before a decision is made.
3) Council Member Kerian asked Mr. Morken, PSAP, for update on recent 911 outage and if anything can prevent those outages. Mr. Morken explained that a contractor cut the main fiber optic trunk line between Grand Forks and Fargo and explained the re-routing policy procedure - that as soon as the lines are cut the 911 calls are rerouted but when major trunk line is cut, you go from a fiber optic line to a cable line that is less able to conduct the number of phone lines through there - that the fiber optic line affected a lot of cell phones and people in turn started using hard lines which overloaded the systems - that in any system only so many phone calls can come through at one time and that was the initial problem in going from a fairly substantial amount of trunk lines down to a few; and are working on if trunk line is cut and isolates different rural cities, they can set up dispatch centers or answering points in their locations so that the 911 calls from those exchanges would go directly to a specific location in their exchange.
Mr. Morken stated that this was substantial line cut and outage affected a large part of northwestern MN and northeastern ND related to cell phones and that is why before digging they go through the one call system to make sure that situations like this don't happen. He stated our system was down about 20-25 minutes before being re-routed; and once re-routed still run into problem of trying to send too much traffic through a smaller cable.
4) Council Member Kreun stated that this budget is basically a zero mill increase and that if the valuation of your home stayed the same, you didn't have a tax increase, that if the valuation of your home did go up you would get that percentage of an increase - that Mr. Carsen indicated that over a period of time this past year a lot of valuations went up and only 4 to 4.5% of that increase was on existing homes, and the other was from new construction. He stated we are only 25% of the total tax burden in the community.
5) Council Member Gershman stated that in looking at the dike on Belmont Road and Lincoln Driver, the weeds are bad and that in areas of town where construction is taking place, get schedule to get grass and weeds cut.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor