Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 7, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 7, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; absent: Council Member Brooks - 1.
Cub Scout Pack 162 led the city council in the pledge of allegiance to the flag, John Rieth, leader.
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:
Congratulations to the organizers of the Pride of Dakota Holiday Showcase and to the Alerus staff.
That this past weekend the Historic Preservation Commission received legacy award by the ND Historic Preservation Commission, that this award is presented annually for exceptional achievement in preserving the historical, architectural and cultural environment of North Dakota and the presentation ND 2005 Legacy Award was presented to the Grand Forks Historic Preservation Commission for their work following a 1997 flood to protect and preserve Grand Forks' irreplaceable history.
Congratulations and good luck to area teams in the playoffs, esp. the Fighting Sioux football team and to Coach Berg and the Central Knights as they square off for the championship this Saturday.
The First Annual Fighting Sioux Football Chili Cook-off two weeks ago and first place went to the Mayor's team.
It was an honor this last week to represent Grand Forks in Washington, D.C. and received the designation as one of the best 100 communities for young people by Colin Powell's America's Promise
Council Member Kreun represented the City on the Lake Agassiz Water Authority and made the following remarks:
The Lake Agassiz Water Authority is working to give a presentation that includes the County, East Grand Forks, Grand Forks, Fargo/Moorhead, Wahpeton/Breckenridge all the way up and down the Valley and to show the need that would take place in our long range planning for water in the Valley, and would like to have a presentation in the near future brought to this group, Grand Forks-East Grand Forks and the County, and wants council to be informed and asked Mr. Duquette to set up at one of our work sessions.
He stated he had the opportunity to welcome home the tankers and Air Force personnel from the Fairchild Air Force Base, Spokane, WA; they were introduced to the president of the city council of Spokane, president of the Chamber of Commerce, several majors and generals from Spokane but was disappointed that it never made the newspaper in Grand Forks. News casts were there from t.v. and did a nice job.
He also stated that we have a group at the Chamber that likes to celebrate success and one of the successes behind the story of the airmen was one of our contractors, Strata Corporation who did the runway at the Grand Forks Air Force Base was one of the few in the nation that came in either on budget or under budget, on time or under time allotted, huge success for the City of Grand Forks, Strata and Air Base and is extremely proud of our contractors and engineering firms in Grand Forks and extremely proud of our airmen who put their lives in jeopardy every day, that we don't realize that freedom is not free and for any chance we get to thank those individuals and praise the contractors that do the hard word and compete nationally should be recognized.
CITY BOARDS AND COMMISSIONS WITH VACANCIES
Information from the Mayor's Office relating to city boards and commissions with vacancies was presented to the council as an informational item
MONTHLY FLOOD PROTECTION UPDATE
Al Grasser, city engineer, reported on the remapping process, met couple weeks ago with State officials, FEMA officials from the two districts involved and some from Washington and had good round table discussion about how to proceed with getting the remapping done as quickly as possible, that they have come up with a process and found a way to shortcut through the system and have outlined some of the basic steps in going through a letter of map revision process, target dates are spring of 2007, and will probably be a year or two earlier than the full complicated process that might have to involve that this is complicated issue involving a couple counties and two states and cities and found a way to shortcut through the system.
He reported that in the Greenway update have made progress in the boat ramps, northend boat ramp is open, southend just about done, and good progress on the Red Lake River boat ramp which is just across the river, and that next spring have 3 boat ramps ready for operation for recreation or local anglers.
He also reported they had helping hand last weekend from Cub Scout Pack 120, Den 6, as they spent several hours of their Sunday working at Lincoln Park area, interpretive plaza, pulling weeds and cleaning up vegetation and getting things put away for winter and wanted to recognize their efforts.
Council Member Kerian asked for further information re. remapping as it is tied to the flood control project, and how the dates fit in with when we should have completion of that so we are protected in terms of expenditures for flood insurance. Mr. Grasser stated although we are going to have a project essentially in place by the end of 2006, and certification is going to take another few months after that. He stated what is happening is that we are going to send in a Conditional Letter of Map Amendment with all the technical data through the Corps of Engineers into FEMA so that they can review everything Corps can come in once it meets the criteria they have to certify and say that as of this date, we certify it, and then there are some public comment periods and public hearing type period that have to come into place, 90-day public comment period before FEMA can actually make certifications, and are expecting the project to be complete by the end of next year. He stated their certification is really only looking at a couple months past physical construction and cannot hope for anything better than that.
A short video was shown.
HOLD PUBLIC HEARING ON 2006 COMMUNITY
DEVELOMENT BLOCK GRANT PROGRAM AND APPROVE
PROGRAM BUDGET AND ANNUAL ACTION PLAN
The staff report from the urban development department relating to 2006 Community Development Block Grant Program, with recommendation to close a thirty-day comment period, hold a public hearing, and approve the 2006 CDBG and HOME Program budget and the 2006 Annual Action Plan.
Mayor Brown opened the public hearing.
Bob Caulfield, 1200 Washington Center, stated he was here to ask for an opportunity to apply for the Storefront Rehab. Program, they have a strip mall on South Washington Street that includes Mexican Village, Lighting Gallery and 8 other businesses, and to apply for those funds as they have a project in hand for significant rehab of the building. He stated he has talked to some of the tenants, except Mexican Village, and that they plan on raising structures, redoing windows, having stucco on top and stone on the bottom and updating mall, signage being consistent; the mall is from the 1960's and something they feel would be good for the tenants and South Washington, that lot of good things happening there, including Starbucks, McDonald's and would be benefit to the city; that estimates now from $125,000 to $150,000 on the project, plans are at the architects right now and have not met with contractors. Keith Lund, Urban Development, stated that program guidelines are 2 to 1 cash match, with a maximum of $10,000; there has been a precedence set as they did fund 5 storefronts in the Grand Cities Mall several years ago, that 5 different fronts received a max grant of $10,000. Mr. Caulfield stated 8 other businesses in the mall that have been there a long time and would be beneficial to them.
Mr. Lund stated that their office developed an application in conjunction with the Gateway Drive Committee of $75,000, $50,000 of that is dedicated to Storefront Rehab along the Gateway Drive corridor and $25,000 is dedicated for program for removal of blighted buildings in that corridor and this was a targeted geographic program developed in conjunction with several initiatives.
He also noted the $26,300 is unobligated for two reasons: that entitlement dollars have been going down on an annual basis and is contingency to cover that, and that they may or may not meet program income projections this year and is a cushion for that as well, and wanted to have money in reserve.
Council Member Christensen stated that perhaps we should consider holding the $26,300 in reserve to see what program income ends up and perhaps loosen that money and add that to our Storefront Rehab. now we have local residents who have bought a property that could use a little facelift and that we have a program that help them and would entertain the allocation of the $26,300 towards our Storefront Rehabilitation.
Council Member Christensen moved approval of the report and that we add to this report that we allocate $26,300 to Storefront Program as it currently exists which is for South Washington to 24th Avenue South, subject to staff telling us it is prudent to commence the Storefront Program. Council Member Gershman seconded the motion. Carried 6 votes affirmative.
Council Member Kerian asked what timing might be on this. Mr. Lund stated if we sold the houses early and got a good price from them we might have a good idea early in the year but if houses aren't sold until later in the year, it might be a year from now.
Council Member Glassheim asked if any of the projects that applied were cut in order for this amount to be unobligated or reduced from what requested, and asked if we promised Gateway Drive $100,000 for two or three years or a commitment that we made with these funds. Mr. Lund stated the only program that was cut was Red River Valley Community Action Agencies housing rehabilitation request for $600,000, that amount should be $400,000 and that is consistent through the Annual Action Plan; the reason that program was reduced was their concern on time limits of expenditure of funds, and it wasn't anticipated that they would spend all of that in this next calendar year and was reduced in conversations and with concurrence with that agency; that he didn't believe that any of the applicants would be vying for that $26,300.
Mr. Lund stated the preliminary Gateway Drive plan that they reported to council several months ago, and were going to bring back completed program descriptions for consideration and approval, which are in front of you tonight - this was included in the Annual Action Plan which is the Gateway Drive Storefront Rehab. Program and the Gateway Drive Demolition Program and they are in the process of developing the Gateway Drive Improvement District which provides tax incentives for major redevelopment on properties on Gateway Drive, and have worked with the Gateway Drive Association to implement a plus achievement awards and another one, have done some and are doing others. He stated the Gateway Drive project of $75,000 included a storefront rehab. program of $50,000 and a demolition program of $25,000, whereby if the project is dilapidated they can leverage the money to assist in the removal of that property prior to lengthy condemnation process. He stated he understood from the comments that $26,300 that is placed in reserve if in fact if that money is made available at some time in the future, from staff's prospective would hope that we would open up this program to an area as opposed to just one person who wanted it for one property, believes it is an excellent use of the dollars and is very focused on Gateway Drive and would like to concentrate our efforts there so appreciates their support for these programs, but if additional funds were opened up he would certainly hope that it would be to a geographical area and not just to one property or one business.
Council Member Gershman stated that the $100,000 commitment was something that he put forward using the Beautification money for 3 to 5 years for Gateway Drive, and not the Storefront money; the reason he likes the motion is that we have made a commitment to Gateway Drive on the $75,000 and doesn't think should break that trust but if there is additional money available he would look favorably on the project.
Council Member Hamerlik asked if it would be opened up for others to apply as well, and asked Mr. Lund what happens to money not used, i.e., the motel on Gateway Drive that did not use the storefront rehab money. Mr. Lund stated in the past there have been two to three projects that have not happened and those funds have been revolved to the following year's storefront rehab. program, the particular project referred to on Gateway Drive has been deobligated and may not achieve our program income projections and felt it prudent to put it back into the pot; all previous deobligations have been used for storefront projects in the future.
Mayor Brown closed the public hearing.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT ORDINANCE NO. 4100, ADOPTING SECTION OF
THE CODE RELATING TO SALES AND USE TAX, AND
ARTICLE 5 RELATING TO FOOD, BEVERAGE AND LODGING
TAX
An ordinance entitled "An ordinance amending Sections 22-0102, 22-0105, 22-0109, 22-0123, and 22-0307 of the Grand Forks City Code relating to sales and use tax, and adopting Article 5 of Chapter XXII of the Grand Forks City Code relating to food, beverage, and lodging tax", which had been introduced and passed on its first reading on November 7, 2005, was presented and read for consideration on second reading and final passage.
Howard Swanson, city attorney, reported that he had forwarded to council members a memorandum with a revised ordinance, that following introduction of the original ordinance the State Tax Commissioner's Office had an opportunity to review it, comment on it and provided additional input and he has incorporated all of the suggestions that they have made and asked the council to amend the ordinance as first introduced to incorporate the changes as recommended by the State Tax Commissioner and to give final approval.
Council Member Gershman moved the amendments to the introduced ordinance including provisions to Sections 22-0101, 22-0102.1, 22-0103, 22-0103.1, 22-0121, 22-0122, 22-0124; Council Member Kerian seconded the motion. Carried 6 votes affirmative.
Upon call for the adoption of the ordinance, as amended, and upon roll call vote the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun, - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4101, RELATING TO POWERS
AND DUTIES OF THE JOB DEVELOPMENT AUTHORITY
An ordinance entitled "An ordinance amending Section 24-0104 of the grand Forks City Code relating to powers and duties of the Job Development Authority", which had been introduced and passed on its first reading on October 17, 2005, was presented and read for consideration on second reading and final passage.
Mr. Swanson stated this ordinance clarifies the implied authority previously as to acquiring debt or entering into debt, entering into leases, etc. for real or personal property.
Upon call for the question and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING DEDICATED
STREET R/W ADJACENT TO LOTS 1 AND 2, BLOCK 4,
GREAT NORTHERN FIRST ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the dedicated street right of way adjacent to Lots 1 and 2, Block 4, Great Northern First Addition (located at alpha Avenue and Red Dot Place), 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 opened the public hearing, there were no comments and the hearing was closed.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8782 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this resolution be adopted. Carried 6 votes affirmative.
HOLD PUBLIC HEARING AND APPROVE APPLICATION FOR
PERMIT TO MOVE GARAGE TO 1316 4TH AVENUE NORTH
The staff report from the building and zoning administrator relating to holding public hearing for moving permit application to move garage (to be used as a garage) from 919 Letnes Drive to 1316 4th Avenue North, with recommendation to approve the moving permit to move the garage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, subject to meeting any conditions established. Carried 6 votes affirmative.
HOLD PUBLIC HEARING AND ADOPT RESOLUTION
AUTHORIZING ISSUANCE OF REVENUE BONDS ON
BEHALF OF ALTRU HEALTH SYSTEMS
The staff report from the finance director relating to public hearing and resolution authorizing the issuance of revenue bonds on behalf of Altru Health Systems, with recommendation to hold public hearing and adopt a resolution authorizing the issuance of revenue bonds on behalf of Altru Health Systems and approve the Memorandum of Understanding.
Mayor Brown opened the public hearing.
Dwight Thompson, Chief Financial Officer of Altru Health Systems, was present to answer any questions the council might have.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Council Member Kreun introduced the following resolution relating to the Municipal Industrial Development Act; Authorizing the issuance of Revenue Bonds on Behalf of Altru Health System; and authorizing execution and delivery of documents relating thereto, which was presented and read: Document No. 8783 - 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor brown declared the motion carried and the resolution adopted.
HOLD PUBLIC HEARING AND ADOPT RESOLUTION
AUTHORIZING THE ISSUANCE OF SEWER RESERVE
REVENUE BONDS, SERIES 2005E, $4.5 MILLION
The staff report from the director of public works relating to the resolution authorizing the issuance of Sewer Reserve Revenue Bonds, Series 2005E, to finance the undertaking of an expansion and improvement of the Municipal Sewerage Utility, with recommendation to adopt the resolution as stated and authorize proper City officials to execute the loan agreement in the amount of $4.5 million after review by the city attorney.
Mayor Brown opened the public hearing on the proposal to construct a sewer system improvement described as follows: The biosolids Management and Capital Improvements Project. There were no comments and Mayor Brown closed the public hearing.
Council Member Kreun introduced the following resolution and moved its adoption, which motion was seconded by Council Member Christensen: Document No. 8784 - Resolution.
That the full, true and correct copy of a resolution duly passed and adopted by the city council of said city at its meeting by the following voting "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ADOPT RESOLUTION AUTHORIZING AWARD AND SALE OF $3,725,000 TEMPORARY IMPROVEMENT WARRANTS,
SERIES 2005D
The staff report from the finance director relating to authorizing the award and sale of $3,725,000 Temporary Improvement Warrants, Series 2005D, with recommendation to adopt the resolution authorizing the award and sale of $3,725,000 Temporary Improvement Warrants, Series 2005D.
Mayor Brown opened the public hearing; there were no comments and the public hearing was closed.
Brenda Krueger, Springsted Incorporated, reported on three items - the results of the bond sale that they had today, a spread sheet which they have been updating since about 1999/2000 and to report briefly on the rating process. She stated they took bids today on the Temporary Improvement Warrants and received one bid from Wells Fargo Brokerage Services, LLC, that they anticipated more bids, however, they feel the Wells Fargo bid is very competitive under the current interest rate market, and obtained a 3.57%. She stated that as part of the resizing process they did increase the par amount of the bonds, principal amount, by $10,000 and that is to fund the capitalized interest that is included in the issue that will be making the interest payments through June of 2007; and anticipate in 2007 this issue will be taken out with long term obligations as part of the overall dike financing plan; and that Springsted recommends that you award the bonds to Wells Fargo.
Ms. Krueger stated they started this model after the flood of 1997, the purpose of this exercise was to try to retain the City's rating at that point in time, which they did successfully with the City's help, and the purpose of the spread sheet that they have kept up was to show the impact of the upcoming dike debt and its impact on the City's debt ratios, and wanted to demonstrate to the rating agencies just how high we thought the debt ratios would be over time and that the City was going to have the ability to manage the debt.
She stated the ratings from Moody's Investors Service, there is no change at this time and have high regard for the City, its managerial efforts and the message they believe they are hearing is that the point at which the City's overall debt in dollars starts to go down that the rating agency will seriously consider an upgrade in the rating, and will have to keep tabs on that because at this point it would be 2007 and will have about a $14 million bond issue in that year for the dike and that would be a peak in terms of the amount of debt that the City would have outstanding at one time.
Council Member Gershman introduced the following resolution and moved its adoption. Document No. 8785 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL AND
RESIDENTIAL BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings: 715 Belmont Road; 1100 University Avenue, 1105 Belmont Road; 28 Conklin Avenue and 620 South 20th Street; with recommendation to grant exemptions of increased value for three (3) years.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE APPLICATION FOR ABATEMENT OF 2003
AND 2004 TAXES AT 3229 ROYAL DRIVE
The staff report from the city assessor relating to application for abatement for 2003 and 2004 taxes by James Fail, 3229 Royal Drive, with recommendation to the Board of County Commissioners that the applications be approved as submitted.
It was moved by Council Member Kerian 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. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE APPLICATION FOR TRANSFER OF CLASS 1
(GENERAL ON/OFF SALE ALCOHOLIC BEVERAGES)
LICENSE AT 1607 DEMERS AVENUE, DIAMOND LOUNGE
The staff report from the city auditor relating to application for transfer of Class 1 (General On and Off Sale Alcoholic Beverage) license at 1607 DeMers Avenue, from Diamond Lounge to LC and ME Properties, L.L.C. dba Diamond Lounge, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Hamerlik and Kreun. Carried 5 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Gershman recused.
AWARD CONTRACT FOR PROJECT NO. 5894, CLAY
STOCKPILE RELOCATION
The staff report from the engineering department relating to bids for Project No. 5894, Clay Stockpile Relocation, with recommendation to award contract to lowest responsible bidder, Strata Corporation, in the amount of $355,000.00, and to return incomplete bids unopened.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5534, DISTRICT NO. 288
The city engineer's estimate of total cost of the construction of watermain on South 42nd Street from South Washington Street to Cherry Street, in the amount of $50,820.00, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5534, District No. 288, watermain for 2400 block of South 42nd Street, 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.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 vote affirmative.
Council Member Kerian introduced the following resolution was presented and read: Document No. 8786 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this resolution be adopted. Carried 6 votes affirmative.
TABLE PROJECT CONCEPT REPORT FOR PROJECT NO.
5703, PAVING 47TH AVENUE SOUTH FROM SOUTH
WASHINGTON STREET TO CHERRY STREET
The staff report from the engineering department relating to Project Concept Report for Project No. 5703, paving 47th Avenue South from South Washington Street to Cherry Street, with recommendation to approve Project Concept Report for Project No. 5703, paving 47th Avenue South; approve Phase 1 design from South Washington Street to Cherry Street, deny Phase II design from Cherry Street to Belmont Road due to lack of federal funding and neighborhood concerns.
Council Member Kreun reported that they had told the public that there would be another open house to give additional information and might be prudent to table this until we have had those public information meetings; and moved to table. The motion was seconded by Council Member Christensen. Carried 6 votes affirmative.
Stan Hoistad, 4724 Belmont Road, Belmont Patio Homes, stated they have been to several meeting in the past, that it came to council and they changed the location of the bike trail from the south side of the road to the north side so it runs about 25 ft. from their residences that face 47th, that on the south side of the road there was provision made for that and many of the homes along that area have built privacy fences, etc. anticipating that trail being on the south side of 47th Avenue South and definitely want a public hearing so they can express their views, and appreciates their action tonight.
DIRECT STAFF TO SUBMIT 2007 TRANSPORTATION
ENHANCEMENT GRANT APPLICATION
The staff report from the engineering department relating to 2007 Transportation Enhancement Project application, with recommendation to direct staff to submit Transportation Enhancement grant application and to rank the projects in priority order for submittal to the MPO and ND Department of Transportation.
Council Member Kreun stated that the city engineer has asked that they rank those projects, and his motion would be 1) 17th Avenue South Shared-Use Path, 2) Landscaping DeMers/Washington NW corner, and 3) Landscaping Public Works Maintenance Building. Council Member Gershman seconded the motion.
Council Member Gershman stated the multi-use path is very important, and thanked Ms. Voigt, assistant city engineer, for getting a design on the screening at DeMers and South Washington Street at the underpass and to put it ahead of the one on I-29, as that corner is supposedly the busiest corner in the state of North Dakota.
Upon call for the question and upon voice vote the motion carried 6 votes affirmative.
APPROVE AMENDMENT NO. 1 FOR PROJECT NO. 5671,
POINT BRIDGE REHABILITATION
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Interstate Engineering, Inc. for Project No. 5671, Point Bridge Rehabilitation, with recommendation to approve Amendment No. 1 with Interstate Engineering, Inc. for additional preliminary and final design engineering services in the amount of $98,947.00.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE CONSTRUCTION AND ENGINEERING
COST AGREEMENT WITH EAST GRAND FORKS, MN
The staff report from the engineering department relating to construction and engineering cost agreement with City of East Grand Forks, MN for Project No. 5671, Point Bridge Rehabilitation, with recommendation to approve construction and engineering cost agreement with East Grand Forks, MN Total estimated project cost is $2,139,000 and all costs of engineering, construction and incidental costs and liabilities incurred in the construction of said jointly owned bridge shall be shared equally on a 50-50 basis between Grand Forks and East Grand Forks, but shall be capped once the City of East Grand Forks has contributed $700,500 towards those costs unless the actual cost of the project is above or below the total cost estimate of the project presently estimated at $2,139,000 and 00/100.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting 'nay": none. Mayor Brown declared the motion carried.
ACCEPT BID FOR ACCESS CONTROL SYSTEM FOR
POLICE DEPARTMENT
The staff report from the police department relating to approval of bid, with recommendation for approval of bid for access control system from Stone's in the amount of $86,403.00, with added elevator/court.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
INTRODUCE ORDINANCE RELATING TO THE DEFINITION
OF A "BAR" AS IT RELATES TO SMOKING IN PUBLIC
PLACES AND PLACES OF EMPLOYMENT
The staff from the city attorney relating to matter of amendment to Grand Forks City Code Section 13-1102 relating to the definition of a "bar", with recommendation to introduce ordinance, give preliminary and final approval of ordinance.
Mr. Swanson stated that there are two Attorney General's opinions, one considering the opinion of the ordinance out of the city of Fargo which is similar to ours and the Attorney General found that ordinance did not properly entail the provisions of State law, the second is an opinion that came with regard to a bingo facility near Minot and in that case the Attorney General ruled in considering the revenues from the operation of bingo had to be compared with the sale of alcohol, and what he has attempted to do here is craft language, after conferring with the Attorney General's Office, to incorporate both of those opinions into our definition of a bar; to his knowledge and after conferring with several bar owners in Grand Forks that are presently licensed under our ordinance now, expects no change to any of those facilities; that is what the Attorney General' s two opinions are and is trying to make sure our ordinance is consistent with the State law.
After some discussion relating to the opinions it was moved by Council Member Kerian and seconded by Council Member Glassheim to approve the recommendation. Carried 6 votes affirmative.
Council Member Kerian introduced an ordinance entitled "An ordinance amending Section 13-1102(1) of the Grand Forks City Code regarding relating to the definition of a "bar" as it relates to smoking in public places and places of employment", which was presented, read and passed on its first reading.
APPROVE CHANGES IN FUND SELECTION FOR DEFINED
CONTRIBUTION PENSION PLAN
The staff report from the Pension and Insurance Committee relating to the matter of changes in fund selections in the Defined Contribution Pension Plan, with recommendation to approve the changes in fund selection for the Defined Contribution Pension Plan as recommended by Alerus Financial, Plan Trustee.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AUTHORIZE APPOINTMENTS TO SERVE ON PSAP RE-
LOCATION COMMITTEE AS ADMINISTRATIVE DECISION
The staff report from PSAP relating to request for appointment of a council member and one administrative person to serve on the PSAP relocation committee, with recommendation of appointment of two members to the Grand Forks PSAP relocation committee.
There was some discussion re. naming members to the relocation committee, that Council Member Brooks had stated he was willing to service on that committee, that Mr. Duquette has people on his staff that he could ask to assist and if needed council oversight could review these things.
After further discussion the council directed this be an administrative decision.
APPROVE GROWTH FUND COMMITTEE APPOINTMENTS
The staff report from the urban development director relating to Growth Fund Committee reappointments, with recommendation to approve reappointment of Terry Smith for a term of one year and Jon Ramsey for a term of two years.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Voucher Payment Listing No. 05-21, dated November 4, 2005 and totaling $1,209,484.08 and Estimate Summary in the amount of $1,423,149.66 were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Gershman that these bills be approved and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES OCTOBER 3, 2005
Typewritten copies of the minutes of the city council held on Monday, October 3, 2005 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Kreun that these minutes be approved as read. Carried 6 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Hamerlik stated he would like to talk with Planning Department relative to the ordinances that have to do with the number of parking spaces afforded various kinds of businesses and the use thereof, and that seems to have a major impact in some areas as to how the parking spots are used
2) Council Member Kreun stated the Government and Finance Officers Association of U.S. and Canada and has awarded the City of Grand Forks its certificate of achievement for excellence in financial reporting, Saroj Jerath, and is the 18th consecutive year the award has been received.
3) Council Member Kerian stated this past week a number of people within the community from Excel and Nodak REA and Red River Valley Community Action, County Social Services, St. Vincent DePaul, the City Fire Department, City Inspections and others spent some time speaking to an audience at home about how you can manage your electrical bill, try to be more efficient in use of energy and how get financial assistance, and that is being replayed at 9:30 at night and expressed appreciation for those people taking their time to present that information to the community.
4) Council Member Christensen asked the members of the community to stay tuned on some of the issues that we are going through right now re. University situation, there seems to be some question as to some staff changes around here and wanted administration to know and those that participate at the sub-level that council supports the administration's decisions as you go forward; nothing defamatory about the gentleman who left, great person and good guy to work with but if you felt that the reasons that things should change, we have to honor the division of power that exists at the city level.
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:
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Michael R. Brown, Mayor