Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 6, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 6, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Glassheim, Christensen, Bakken, Kreun - 4; absent: Council Members Brooks, Gershman - 2.

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.

The 3rd, 4th and 5th graders from Kelly Elementary School led the city council in the pledge of allegiance to the flag; Ms. Blake and Ms. Santangelo, teachers, and Mike LaMoine, principal.

Mayor Brown commented on various events during the past week and upcoming events:
He reported he attended Eagle Court for Grant Wicken this weekend and congratulated him on this achievement.
He reported they had traffic concerns this evening at West Elementary School, discussing safety issues with children; that Officer Zimmel did a wonderful job in coordinating the program.
He read the Adult Literacy Proclamation for November 3, 2006.

COUNCIL MEMBER McNAMARA REPORTED PRESENT

He reminded everyone to vote tomorrow, polls are open from 7:00 a.m. to 8:00 p.m.; and that vaccinations for flu will be held at Schroder Middle School and Public Works Garage (drive through clinic). Site for vaccinations will also be held in the County at Larimore Senior Center, Northwood City Community Center.

Al Grasser, city engineer, gave a brief review of the project as heading towards substantial completion. Phase II is substantially complete and is operational; Phase III is on track for substantial completion in December and activity going on is that they are still pouring the parapet wall at St. Anne's and finishing off the floodwall at the historical property; Phase IV is on track for substantial completion, and looking at December, paving is going on Merrifield Road and Belmont Road with some road closures and contractor will continue to pave until the weather terminates operation, probably by the end of the week. The walls for the Lustron Home have been erected at the Myra Museum property and falls under historic mitigation efforts. Contractors are installing trails, benches and landscaping in the greenway in Phase III and these areas remain under the management of the contractor and are closed to the public, some areas are posted and are construction zones and asking that everybody abide by the postings. He noted that they are changing some of the frequencies of some of our communications to the public, the bi-monthly newsletter, as they are transitioning away from projects that are in people's yards or are planning to be in people's yards, losing some immediate impact and interest that people have to have to keep up with the project. Next year there will be a fair amount of work going on but will seem inconsequential - grading, seeding and landscaping and construction on a pond and these items are non-critical to the actual performance and substantial completion issues but fair amount of work left to happen.

Council Member Glassheim questioned whether seeding along North 3rd Street will be done in the spring, some seeding to the fronts of the berms didn't take very well. Mr. Grasser stated that one of the issues was have to come back and deal with warranty issues, that the seeding was done at a time of the year when the drought conditions raised havoc with the seeding, but not to let the contractor off the hock but that 2 or 3 months ago the council authorized some funding to use to take care of those items, sometimes too cumbersome to deal through the Corps of Engineers process and easier and cheaper to do it yourself, and that they will make sure those areas are taken care of.

Council Member Glassheim stated that the staff report mentioned that additional funding for the dike project through the State might be possible. Mr. Grasser stated they originally had an appropriation or commitment from the State for $52 million, and at the last legislative session they were given some additional funding on top of the $52 million, but they have been finding that because of savings in land easements, rights of way, etc. will come in under the $52 million; they are asking the State to participate in the 3 ft. floodwall raise because they think there are funds there to accomplish that within the allocated budget, not a shortage of funding but starting to run out of pieces that qualify for the funding. He noted that the funding was in legislation but not actually budgeted because of complexity of bonding, etc. but there was legislation that did provide an additional funding over the $52 million if needed; but that there are only certain categories of work that qualify for participation from the State and are trying to define those boundaries to get a few things qualified and maximize things that we can apply it to.

Mr. Glassheim asked if there was a shortfall in federal funding for the fiscal year, and if Congressional amounts for 2007 should be sufficient to complete the project. Mr. Grasser stated referring to the end of 2006 they might have run out of funding but because of weather, etc. ended up not running out of money and became a non-issue. Relative to federal funding not prepared to comment and are waiting for the Corps to do next estimates to see where we are at, not talking significant funds and will address some of that in the future but can't quantify that today.

HOLD PUBLIC HEARING AND ADOPT RESOLUTION
APPROVING ISSUANCE OF SENIOR HOUSING
REFUNDING REVENUE BONDS (4000 VALLEY SQUARE
PROJECT) SERIES 2006

The staff report from the director of finance relating to public hearing on issuance of Senior Housing Refunding Revenue Bonds (4000 Valley Square Project) Series 2006, with recommendation to hold the public hearing and if appropriate approve resolution approving the issuance of Senior Housing Refunding Revenue Bonds (4000 Valley Square Project) Series 2006.

Mayor Brown opened the public hearing.

Jim Stewart, attorney with Arntson & Stewart, stated they are representing 4000 Valley Square as bond counsel, and 4000 Valley Square is asking the city council to issue up to $24 million in bonds under the Municipal Industrial Development Act, the bond proceeds would be used to refund the 1997 bonds that the City issued to finance the 4000 Valley Square facility, 118 bed skilled nursing facility, 60 unit assisted living and 60 unit independent living, located at 4000 24th Avenue South. He stated that the city council gave preliminary approval on October 2 meeting and at the conclusion of the hearing they have a proposed resolution for consideration to authorize the execution of the necessary documents and issuance of bonds. He also noted that the City has no liability for any payments on the bonds, 4000 Valley Square is responsible. Greg Hanson, administrator, was present to address any questions regarding the project.
There were no further comments and Mayor Brown closed the public hearing.

It was moved by Council Member Kreun and seconded by Council Member Glassheim to approve the recommendation and adopt the resolution approving the issuance of Senior Housing Refunding Revenue Bonds (4000 Valley Square Project) Series 2006: Document No. 8997 - Resolution. Council Member Glassheim seconded the motion. Upon call for the question and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

HOLD PUBLIC HEARING AND APPROVE FINAL
FUNDING ALLOCATIONS FOR 2007 CDBG, HOME AND
ADDI PROGRAMS

The staff report from the urban development director relating to 2007 CDBG, HOME and ADDI Programs, with recommendation that the final funding allocation for the 2007 CDBG, HOME and ADDI Programs.

Mayor Brown opened the public hearing.

Dr. John Clayburgh stated that he was in support of the funding of $37,000 of CDBG for the Northern Valley Dental Alliance and Bricks and Mortar Project to put together a dental clinic to provide funding for low income and uninsured members of this area, the main purpose for commenting is to let you know that the members of the ND Dental Association are in support of it and specifically the NE District Dental Association of ND are on record with a resolution of support to this project.

There were no further comments and Mayor Brown closed the public hearing.

Council Member Kreun moved to approve the recommendation and moved an amendment to the motion to substitute the Sources and Uses for the 2007 CDBG/HOME Programs for those recommended by the Finance and Development Standby Committee at its October 31, 2006 meeting wherein this substitute: 1) reinstate $46,600 for the Grand Forks Housing Authority's roof repair project through an amendment to the 2006 CDBG Program; and 2) reduce the 2007 CDBG funds proposed for Red River Valley Community Action's HomeCents housing rehabilitation program from $500,000 to $455,000 and adds up to $45,000 for the program from 2007 program income received in excess of current projections.

The motion along with an amendment to the motion was seconded by Council Member Glassheim.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5. voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION VACATING ROADWAY AND
UTILITY EASEMENT IN BLOCK 1, ZAVORAL'S FIRST
ADDITION

The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a roadway and utility easement, 30 ft. on either side of the lot line common to Lots 9 and 10, Block 1, Zavoral's First Addition to the city of Grand Forks, 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 public hearing was closed.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8998 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this resolution be adopted. Carried 5 votes affirmative.

APPROVE WITHDRAWAL OF APPLICATION BY LUCKY'S
GREEN ROOM FOR ALCOHOLIC BEVERAGE LICENSE

The staff report from the finance department relating to application for Class 1 (General On and Off Sale Alcoholic Beverage) license by SRJ, Inc. dba Lucky's Green Room, 308 DeMers Avenue, which had been tabled by the council on October 16, 2006, was presented.

The deputy city auditor reported that Mr. Steen of Lucky's Green Room had submitted a letter to her department withdrawing his application for the Class 1 alcoholic beverage license.

It was moved by Council Member Kreun and seconded by Council Member Bakken to accept the withdrawal of the application. Carried 5 votes affirmative.

TABLE PROPOSED ORDINANCE RELATING TO REGIONAL
AIRPORT AUTHORITY BOARD OF COMMISSIONERS

The proposed ordinance entitled "An ordinance amending Section 20-0206(1) of the Grand Forks City Code relating to Regional Airport Authority Board of Commissioners", was presented to the council for consideration.

Council Member Kreun reported that we have in our City Code a position for the Regional Airport Authority but the County Commissioners do not, that we feel there is a need but asked to table this until having meeting with members of the County Commissioners. Council Member Christensen seconded the motion. Carried 5 votes affirmative.

DIRECT OPENING OF BID FOR PROJECT NO. 5969,
NORTHSIDE FIRE STATION EXPANSION AND REFER
TO DEPARTMENT FOR RECOMMENDATION

The staff report from the fire department relating to consideration of bid from Innes Construction for Project No. 5969, Northside Fire Station expansion (1015 Columbia Road), with recommendation to open and consider bid from Innes Construction if deemed appropriate by the city attorney.

John Warcup assistant city attorney, stated that he understands the bid as it came in, there was a written notation on the outside of the envelope, which was undated and apparently unsigned, that notation attempting to deduct from the bid inside is not valid in his opinion, that the council could open the bid but the number of the bid amount will be the number on the inside of the envelope and will not be affected by the writing on the outside.

Council Member Kreun moved that the bid be opened and forward to the department for tabulation and recommendation. Council Member Glassheim seconded the motion. Carried 5 votes affirmative.

Note: Mr. Duquette stated turning back to the agenda item related to the opening of the bids for the Northside Fire Station, it was noted that the bid does not need to be opened tonight but to direct staff to open the bid and that the bid tabulation will come back to this body.

AWARD BID FOR PROJECT NO. 6037, RESIDUALS
STORAGE PONDS SLUDGE REMOVAL AND DISPOSAL

The staff report from the engineering department relating to bids for Project No. 6037, Residuals Storage Ponds Sludge Removal and Disposal, with recommendation to award construction contract to the low bidder, Berger Enterprises, in the amount of $392,756.00, and to return incomplete bid unopened.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ACCEPT BID FOR CATIONIC POLYMER FOR WASTEWATER
TREATMENT PLANT

The staff report from the director of public works relating to 2006-2007 wastewater treatment plant cationic polymer bids, with recommendation to approve bid of Polydyne, Inc. in the amount of $0.93 per pound as the lowest and best bid.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.

ADOPT FINDINGS RE. PROJECT NO. 4704.3

The staff report from the city attorney relating to adoption of Findings in the matter of protest against special assessments for permanent flood protection and associated City Funded Improvements District 14.3), with recommendation for adoption of Findings relating to Project No. 4704.3, Flood Control.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved and the Findings adopted. Carried 5 votes affirmative.

APPROVE ENCROACHMENT AGREEMENT WITH
VIKING GAS TRANSMISSION COMPANY

The staff report from the engineering department relating to Encroachment Agreement with Viking Gas Transmission Company (re. crossing of high pressure gas lines buried in an easement north of 27th Avenue North, Flood Control Project), with recommendation to approve Encroachment Agreement with Viking Gas Transmission Company contingent upon review by the city attorney.

Council Member Kreun reported that this matter had not been considered at the committee of the whole meeting but had been discussed at the flood protection committee and was recommended to be brought forward for action tonight. He also reported the City has been working with Viking Gas Transmission Company and they have indicated that they needed encroachment agreement and that the work is actually being done to their specifications, the city attorney and staff put the encroachment agreement together and is satisfactory to both parties and recommended approval of the recommendation for approval. Council Member Bakken seconded the motion. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE HOLIDAY DECORATIONS

The staff report from the director of urban development relating to holiday decorations, with recommendation to approve recommendations of the finance and development standby committee for holiday decoration displays with funding source for the $37,900 from the Beautification Program (Fund 2169), and authorized staff to proceed with procurement: Downtown: 1) purchase and install on 80 poles new holiday banners and wreaths at total cost of $24,000; and 2) purchase LED light bulbs to replace existing lights on Kittson evergreens and on downtown roof tops at total cost of $11,500. Major Thoroughfares: 1) work with South Forks Merchants Associations to use best remaining decorations along South Washington from DeMers to 36th Avenue South and along DeMers from South Washington to South 20th Street, at no cost; 2) purchase and install eight strings of lights on evergreen at westerly base of DeMers overpass at total cost of $2,400; 3) after season, determine areas along which thoroughfares where decorations will be displayed and determine associated costs.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE MUNICIPAL SOLID WASTE LANDFILL
CLOSURE RESOLUTION

The staff report from the public works director relating to municipal solid waste landfill closure relocation, with recommendation that municipal solid waste (MSW) or any waste that may pose a bird attractant will no longer be disposed or managed at the existing MSW landfill facility in Grand Forks effective no later than October 1, 2008.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

INFORMATIONAL ITEMS

The Portfolio Management/Summary as of September 30, 2006 was presented for the council's information.
The Portfolio Management/Summary as of October 31, 2006 was presented for the council's information.
APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 06-21, dated November 3, 2006 and totaling $1,382,376.49 and Estimate Summary in the amount of $2,694,212.80 were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Christensen that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES OCTOBER 16 AND 23, 2006

Typewritten copies of the minutes of the city council held on Monday, October 16, 2006 and on Monday, October 23, 2006 were presented and read. It was moved by Council Member Glassheim and seconded by Council Member McNamara that these minutes be approved as read. Carried 5 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member McNamara thanked the citizens of Ward 2 that came to the meeting about traffic pattern at West Elementary School, thanked Derik Zimmel and Chief Packett of police department, for giving input and have first step in the solution.

2) Council Member Kreun reminded everyone to vote tomorrow.

3) Council Member Glassheim thanked those on council and throughout the city who have sent him their good wishes and regards, that he is not out of the woods yet as he had a staph infection and that he is on the mend.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Glassheim that we adjourn. Carried 5 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor