Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 3, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 3, 2005 at the hour of 7:00 o’clock p.m. with Vice President Hamerlik presiding. Present at roll call were Council Members Brooks, Gershman (teleconference), Christensen, Kerian, Kreun, Hamerlik - 6; absent: Council Member Glassheim - 1.
Cub Scout Pack 162 from Ben Franklin School led the city council in the pledge of allegiance to the flag and introduced themselves to the audience, leaders were Matt Heher and Jacque Brockling.
Vice President Hamerlik 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.
Vice President Hamerlik commented on various events during the past week and upcoming events:
With the new snow on the ground have great conditions for snowmobiling and urged everyone to enjoy this opportunity but to be advised to use the proper snowmobile routes, for info. re. routes call the public info center.
Regarding the World Jrs. hockey - congratulations to the organizers, volunteers and everyone in the community for a job well done, everything running extremely well, and for the housing that was needed at the Alerus, great job; today at the World Jrs. is appreciation day; that the next game is at 7:30 and there is still chance to take advantage of the $5.00 tickets, and USA Team will be playing off tomorrow evening for the bronze medal and wish the coaches and team well.
MONTHLY FLOOD PROTECTION UPDATE
Al Grasser, city engineer, reported that the contractors are working this winter and that the Corps of Engineers will prioritize the funding towards the Phase II contractors and may do some limitations of available funding for Phase III contractors, Grand Forks and East Grand Forks and the Hartsville Coulee pending additional funding. A brief video was shown.
Melanie Parvey-Biby, greenway coordinator, reviewed the Greenway Year End Report for 2004. She stated they high-lighted the accomplishments of 2004 and the vision of 2005 and what they would like to accomplish: Lincoln Drive Park was opened, construction began on south end pedestrian bridge, restored 20 acres of riverbank, secured funding for north end boat ramp and began construction, and developed and adopted greenway programs (adopt a trail and tree planting). Visions for 2005: continue to develop ordinances that support greenway user rules and regulations, locate and build boat ramp south of Riverside Dam, continue to research and develop plans for dog park, develop fishing access plan, identify/implement directional signage, develop winter trail routes, continue to develop monthly council updates and newsletters, greenway technical committee meetings, and continue to work with Park District and other organizations on hosting greenway events. She also listed several of the events planned for 2005.
Council Member Kerian asked when need to get applications in for the south end boat ramp. Ms. Biby stated the ND Game and Fish grant application is due February 1 and need to look at submitting a request prior to that date. She stated they have put together a list of options for possible locations and those will be brought to the committee of the whole for discussion and decision; Game and Fish has asked that they look at specific sites and that it is up to the council if they want to prioritize sites - Game and Fish wants to know how much the project will cost and that is affected by which site we pick.
APPROVE RENEWAL OF CABLE TELEVISION FRANCHISE -
MIDCONTINENT COMMUNICATIONS
The matter of the cable television franchise renewal - Midcontinent Communication, was presented to the city council.
Vice President Hamerlik asked if there was anyone present who had comments to make on this matter. There were none.
The staff report from the city attorney relating to matter of cable television franchise renewal - Midcontinent Communications, with recommendation for final approval of franchise agreement.
It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Gershman, Christensen, Kerian, Kreun, Hamerlik - 6; voting "nay": none. Vice President Hamerlik declared the motion carried and the cable television franchise renewed.
ADOPT ORDINANCE NO. 4037, CABLE SERVICES
REGULATORY ORDINANCE
An ordinance entitled "An ordinance for the city of Grand Forks, North Dakota establishing requirements and procedures relating to the granting of cable service franchises for use of public rights-of-way within the city of Grand Forks, including the definition of terms, requirements for community service channels, requirements regarding the charging of fees for use of rights-of-way, customer service standards, technical standards, and other provisions relating to cable services franchises", which had been introduced and passed on its first reading on December 20, 2004, was presented and read for consideration on second reading and final passage.
Vice President Hamerlik called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the city attorney relating to the adoption of cable services regulatory ordinance, with recommendation for final approval of cable services regulatory ordinance. It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Gershman, Christensen, Kerian, Kreun, Hamerlik - 6; voting "nay": none. Vice President Hamerlik declared the ordinance adopted.
APPROVE PLEDGED SECURITY REPORT
The staff report from the finance department relating to pledged collateral report, with recommendation for approval of pledged security report as of November 30, 2004.
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE ISSUANCE OF LIQUOR LICENSE (CAPITAL
ICE, INC. AND SUITE 49, LLC)
The staff report from the city attorney relating to matter of issuance of liquor license (Capital Ice, Inc. and Suite 49, LLC), with recommendation to approve issuance of license to Suite 49, LLC.
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Kerian and Brooks. Carried 5 votes affirmative.
APPROVE PORTABLE SIMULATOR FOR FLAMMABLE
LIQUIDS AND GAS
The staff report from the fire department relating to bid specifications for portable training simulator for flammable liquids and gas (FLAG Trainer).
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BUDGET AMENDMENT, FIRE DEPARTMENT
The staff report relating to budget amendment for fire department, with recommendation to approve budget amendment in the sum of $32,000 including City-match of $3,200 meeting FEMA match requirements in order to purchase a portable training simulator for flammable liquids ad gas (FLAG AG Trainer).
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE TRANSFER OF CITY-OWNED PROPERTY TO
GRAND FORKS GROWTH FUND, JOBS DEVELOPMENT
AUTHORITY
The staff report relating to transfer of City-owned property to the Grand Forks Growth Fund, a Jobs Development Authority, with recommendation to approve transfer of the City-owned properties listed to the Grand Forks Growth Fund, a Jobs Development Authority: 818 South 48th Street (Ecolab building),
4949 10th Avenue South (FTZ building), 917 South 46th street (Community Center building), and 615 First Avenue North (civic auditorium).
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved.
Council Member Christensen asked that when they convey the property if it will be transferred to the Growth Fund or JDA. Mr. Swanson stated we have a standardized format for the conveyance of property to the JDA, and the language is to the Grand Forks Growth Fund, Jobs Development Authority, created under the provisions of the Grand Forks Home Rule Authority, and have used that same language for transfers in and transfers out, and with respect to this item, these transfers would be subject to any indebtedness or encumbrances that appear of record.
Mr. Swanson stated with respect to title issues, they have conferred with the ND Bar Association's title standards committee and that is how they have determined the exact language, and with respect to the name of the entity, that is established by the City Code, Section 24-0103, and read: "The city council of the city of Grand Forks, North Dakota, hereby establishes that such authority shall be designated and named as the Grand Forks Growth Fund."
Vice President Hamerlik asked that by transferring the property, if there a problem or if it can it be handled in such a way of having the City of Grand Forks using the civic auditorium, whether by agreement or paying rent. Mr. Swanson stated there would be no requirement that there be a formal written agreement, there would be no requirement that rent would be paid, it would perhaps be appropriate to know of whatever use is going to occur in that building, it doesn't necessarily have to be a lease, can be a permit or license, but that shouldn't be an issue - the City does utilize property that may be held in the official name of other entities in other locations.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative..
APPROVE BILL LISTING AND ESTIMATES
Vendor payment listing No. 05-01, dated December 30, 2004 and totaling $1,228,431.37 and estimates in the amount of $715,816.60, were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Kerian that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Gershman, Christensen, Kerian, Kreun, Hamerlik - 6; voting "nay": none. Vice President Hamerlik declared the motion carried and the bills ordered paid.
MAYOR AND COUNCIL COMMENTS
1) Council Member Gershman stated with the World Jrs. in Grand Forks remembered when the City of Grand Forks and the Engelstad Arena were applying for opportunity to host this that one of the comments made by the World Jrs. Assn. was that many times they have gone to other cities where the media coverage of the event is not real good and in this case the media, and recognized the Grand Forks Herald, has done spectacular job and will help us in going forward as Engelstad Arena will be applying for the opportunity to host again. He asked if Mr. Duquette and Info Center staff could get the names of the two sportscasters on ESPN2 who have been calling the USA games so that the mayor and city council could send them and ESPN a note of thank you, that they have been extremely complimentary to the Engelstad Arena, and to the University of North Dakota and the City of Grand Forks and the volunteers and people and would be appropriate for us as the City to recognize those people.
2) Council Member Kerian expressed appreciation to the Red Cross and to the Alerus for opening up the night of the storm and a boost to the community and appreciates that effort. It was noted that they served 426 breakfasts the next morning.
3) Council Member Brooks stated there is a meeting Thursday at 7:00 p.m., Congressional II area to explain and review some items related to a project with the UND - meeting will be at the JC warming house.
ADJOURN
It was moved by Council Member Kerian and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Candi Stjern
Acting City Auditor
Approved:
________________________________
Gerald F. Hamerlik, Vice President of the
City Council