Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 4, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 4, 2005 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.
Melanie Popejoy, Grand Cities Children's Choir, introduced Mark Solberg, a sophomore at Central High School involved in the band, jazz band, chamber choir programs and a member of the student council; he is an A honor roll student, is recipient of the Marcus Bryant Award, is the current State Ambassador for the Muscular Dystrophy Association and is a graduate of the Grand Cities Children's Choir Program; and led the council in the pledge of allegiance to the flag and our National Anthem.
Mayor Brown commented on various events during the past week and upcoming events:
that they officially said farewell to Col. Ramsay as 319th Air Refueling Commander at the Grand Forks Air Force Base and extended welcome to Col. Bender and his family.
that April is the month of the Young Child Today and read a couple books at the University Children's Center and reminds us that early learning and early teaching is for our children, and month continues with the ArtWise Art Show and concludes with hands on learning fair, and thanked children and staff.
a public hearing will be held for the downtown historic district tomorrow April 5 at 7:00 p.m. in the council chambers, Historical Preservation Commission will conduct the hearing including a presentation about the downtown historic district and the public comment period.
it was a pleasure to be part of the Humane Society cake auction, was successful event for great cause.
he had a delightful Saturday preparing and cooking and eating great dinner raising money for Empire Arts Theatre.
Good luck to the UND hockey team and coaches in Columbus, Ohio and do us proud.
Ken Polovitz thanked council for appointment to the first time volunteer city beautification coordinator, that this will give an official city voice for beautification matters, that he hasn't had enough time to map out the overall position or what they hope to achieve but basically his main goals are to act as a spokesperson for the City and coordinate efforts between all the governmental agencies, and will be in touch with the council and mayor and work together to make Grand Forks even more beautiful city than it already is.
MONTHLY FLOOD PROJECT UPDATE
Al Grasser, city engineer, stated regarding the current flood level - that there was a fair amount of snow on the eastern upper reaches on the Minnesota side and the main influx of water came from the Red Lake River, crest was reached early yesterday evening at 37.7 feet and that triggered point where start shutting down pumps, closing gates, etc. and some ponding in the Lincoln golf course area, gates are still closed and pumps operating on manual switches.
He stated that the pedestrian bridge that is being built in the southend and that structures, etc. that are under water on the bridge are not a problem, made to take the water and ice, and no hydraulic impacts by that structure being in the water.
He also stated the sludge plant demolition should be completed this week and the Anvary property is scheduled for demolition for week of April 11; State appropriations process: the Senate has approved some of the increased funding they were looking for on the flood protection project and will end up going through the conference committee in next week or so; project cost updates: talked about doing advance funding for the project this year and about the shortfall on the federal side for 2005, not enough money to keep up with contractors capabilities; Corps is fully funded and Phase II contractors and English Coulee contractors funded, but those facing most serious shortage of money were Phase III contractors and Phase IV (bid in June) - will have report coming next week recommending the allocation of advance funding under the contract that the Corps approved about 6 months ago. A short video was shown.
HOLD PUBLIC HEARING AND ADOPT RESOLUTION
VACATING ACCESS EASEMENT IN BLOCK B, VILLAGE
RESUBDIVISION NO. 2
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the access easement lying with Lot G, Block B and adjacent to Lots 3 through 11, Block B, Village Resubdivision No. 2 to the city of Grand Forks, North Dakota (located west of North 42nd Street between 5th Avenue North and University Avenue), 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 Gershman and seconded by Council Member Kerian that we find and determine an insufficiency of protest to the proposed vacation and introduced the following resolution for adoption: Document No. 8669 - Resolution.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE ABATEMENT OF 2004 TAXES ON PROPERTY
AT 2763 MISTWOOD COURT
The staff report from the city assessor relating to application for abatement for 2004 taxes by Carl and Elizabeth Lyngby, 2763 Mistwood Court, with recommendation to recommend to the Board of County Commissioners that the application be approved as submitted.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING
IMPROVEMENTS TO COMMERCIAL AND RESIDENTIAL
BUILDINGS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings, with recommendation to grant exemptions of increased value for three (3) years: 218 South 3rd Street; 1425 South Columbia Road; 1503 DeMers Avenue; 317 North 3rd Street; 1323 7th Avenue North; 612 8th Avenue North; 1415 8th Avenue North; 716 Reeves Drive; 1811 North 3rd Street; 315 Belmont Road; 1301 South 18th Street; 524 Cherry Street; 440 Campbell Drive; 2404 Belmont Road; 1905 5th Avenue North; 1328 Cottonwood Street; 311 North 50th Street; 1611 North 5th Street; 3009 Walnut Street; and 106 Breezy Hills Cove
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS, 2005 SIDEWALK REPAIRS
The staff report from the engineering department relating to plans and specifications for construction of Project No. 5739, 2005 Sidewalk Repairs, with recommendation to approve plans and specifications and advertise for construction bids for Project No. 5739, 2005 Sidewalk Repairs.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5787, DISTRICT NO. 609
The city engineer's estimate of total cost of the construction of paving on Chestnut Street, 5400 block, in the amount of $27,207.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5787, District No. 609, paving Chestnut Street, 5400 block, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8670 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5794, DISTRICT NO. 149
The city engineer's estimate of total cost of the construction of street lighting in Southbrook Addition, Phase II, in the amount of $36,172.50, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5794, District No. 149, street lighting in Southbrook Addition, Phase II, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8671 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5795, DISTRICT NO. 150
The city engineer's estimate of total cost of the construction of street lighting in Columbia Park 29th Resubdivision, Phase II, in the amount of $23,223.38, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5795, District No. 150, street lighting in Columbia Park 29th Resubdivision, Phase II, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8672 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5796, DISTRICT NO. 151
The city engineer's estimate of total cost of the construction of street lighting in Promenade 1st Addition and Promenade 2nd Resubdivision, in the amount of $19,808.78, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5796, District No. 151, street lighting in Promenade 1st Addition and Promenade 2nd Resubdivision, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8673 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET LIGHTING PROJECT NO. 5797, DISTRICT NO. 152
The city engineer's estimate of total cost of the construction of street lighting on Lydia Circle, in the amount of $4,992.23, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5797, District No. 152, street lighting on Lydia Circle, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8674 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WALKWAY LIGHTING PROJECT NO. 5799, DISTRICT NO. 154
The city engineer's estimate of total cost of the construction of walkway lighting in Sertoma Park, in the amount of $22,362.38, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5799, District No. 154, walkway lighting in Sertoma Park, with recommendation to approve plans and specifications for this construction contingent upon Grand Forks Park District approval and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8675 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WALKWAY LIGHTING PROJECT NO. 5800, DISTRICT NO. 155
The city engineer's estimate of total cost of the construction of walkway lighting in University Park in the amount of $24,619.88, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5800, District No. 155, walkway lighting in University Park, with recommendation to approve plans and specifications for this construction contingent upon Grand Forks Park District approval and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8676 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WALKWAY LIGHTING PROJECT NO. 5801, DISTRICT NO. 156
The city engineer's estimate of total cost of the construction of walkway lighting in Optimist Park in the amount of $31,116.75, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5801, District No. 156, walkway lighting in Optimist Park, with recommendation to approve plans and specifications for this construction contingent upon Grand Forks Park District approval and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8677 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5673
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Interstate Engineering, Inc. for Project No. 5673, mill and overlay North 20th Street from University Avenue to Gateway Drive, with recommendation to approve Amendment No. 1 for additional preliminary and final design engineering services in the amount of $9,734.00.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BID RECOMMENDATIONS FOR 2005
MOSQUITO CONTROL
The staff report from the health department relating to mosquito control 2005 bid recommendations, with recommendation to approve purchase of mosquito control products.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT GATEWAY DRIVE COMMITTEE'S PRELIMINARY
REPORT AND PROCEED WITH RECOMMENDATIONS
The staff report from the urban development deputy director relating to Gateway Drive Committee, with recommendation to accept the Gateway Drive Committee's preliminary report, and authorize staff to proceed with the recommendations contained therein.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
TABLE MATTER OF METROPOLITAN OPERA HOUSE
UNTIL APRIL 18, 2005
The staff report from the urban development director relating to the Metropolitan Opera House, with recommendation to approve the recommendation of the finance and development committee and authorize staff to so amend the loan agreement.
It was moved by Council Member Christensen and seconded by Council Member Hamerlik to table this matter for two weeks from today (to April 18, 2005). Carried 7 votes affirmative.
APPRO VE BUDGET AMENDMENT, BEAUTIFICATION
PROGRAM
The staff report from the urban development director relating to budget amendment, Beautification Program carryover, in the amount of $34,928.96, with recommendation to approve budget amendment. It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
INFORMATIONAL ITEMS
The Statement of Cash Receipts and Disbursements as of February 28, 2005, was presented and read.
CITIZEN REQUESTS
Doug West, 422 South 5th Street, #5, stated that he made a clear cut and precise citizen's request before the council on March 21, 2005, and that comments about him were misstated and he would like a chance to clarify those; that he had provided information which prompted validity for making his request, that he did not misstate any of the facts and was not critical of anyone, and wanted to correct that for the record.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 05-07, dated April 1, 2005, totaling $4,747,477.15, and Estimate Summary in the amount of $266,228.03, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik 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 MARCH 21, 2005
Typewritten copies of the minutes of the city council meeting held on Monday, March 21, 2005 were presented and read. It was moved by Council Member Kreun and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks stated he listened to Mr. West's comments relating to his comments and that he stands by his comments.
2) Council Member Hamerlik stated there is a follow-up meeting re. Springfest tomorrow morning at 10:00 a.m. at the Park Board Office under the chair of Mr. Duquette.
3) Council Member Kreun stated they have put several pages of information from the Secretary of the State Jaeger before council members that indicates the lack of water in the future and to bring water to the eastern part of the State, Senate is expressing its commendation and support for the efforts of the Lake Agassiz Water Authority to deliver water to eastern North Dakota.
He stated that the annexation process brought by Planning and Zoning for Dr. Odegard's Kindness Animal Hospital, and would like an item to be placed on the next committee of the whole agenda to submit the matter to a committee for mediation as provided in NDCC 40-51.02-07.1.
4) Council Member Gershman stated fundraiser for the Empire Arts Theatre was great success and also raised dollars from people who could not attend but sent in donations, and thanked the mayor and other cooks.
ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
_______________________________
Michael R. Brown, Mayor