Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 4, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 4, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; absent: Council Member Glassheim - 1.

The 5th Grade Class from West Elementary School, Renae Weisenberger, teacher, led the city council in the pledge of allegiance to the flag.

Mayor Brown stated that last year Ms. Weisenberger's 5th grade class pointed out a traffic safety issue with their school and we've had a meeting with the neighborhood, this class and Officer Zimmel who is with us tonight to help us look for solutions to keep the children safe as they cross to school, and thanked the class for those efforts.

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:
Our hearts go out to the families and friends of the two UND students, Jacob Reuth and Jacob Sundblad, who lost their lives this past weekend and thoughts and prayers are with them.
Our thoughts and prayers are also with the family, friends and fellow soldiers of Spec. Corey J. Reistad of the local MN National Guard who was killed in Iraq this weekend, and Cpls. Kleinwachter and Goodiron of the ND National Guard, 188th Air Defense Artillery Unit, who lost their lives in Afghanistan. They were members of our community and we are very proud of them. We extend our sympathies to their families during these difficult times and our support to all the families of deployed soldiers.
We had some good tours and meetings last week with Cirrus and LM Glasfiber officers and their growth is one more positive development for our community.
Congratulations to Coach Lennon and UND football team for a thrilling season and exciting game on Saturday.
Thanks to Slumberland, Wal-Mart and Housing Authority and others who participated in today's bed giveaway that resulted in 37 beds and bedding being donated to needy families in the community. Slumberland has been doing this for 10 years nationally and 6 years locally and have given over 300 beds to needy families. He thanked the firefighters who were up most of the night fighting a fire and still showed up this morning to learn how to put beds together and deliver to these families; and thanked all involved.

Al Grasser, city engineer, presented information to the council, that there was enough construction completed this fall and that they are effective for flood fighting next year, all gaps are closed, pump stations are running and everything functional. He stated there are still several million dollars worth of odds and ends and pieces to take care of next year so there will still be work but none of the remaining issues are flood critical (finishing paving, seeding, and lot of warranty work, etc.). State appropriations - that previously brought up efforts to stockpile dirt and prepare for an additional 3 ft. of floodfight - that request has gone to the State and State engineers are in support of sponsoring that project and in support of making it an administrative approval, and will find out the end of this week when the State Water Commission meets as it is being put to the Commission as an informational item to make them aware and that is another million and a half dollars for the City for State cost sharing.

A short video was shown.

There were comments from several council members thanking Mr. Grasser and his staff along with city department heads, present and former, city council and citizens for their hard work in a project of this size, $400+ million; noted that they utilized federal government, two cities and two states along with two districts of the Corps of Engineers, to construct the project in 8 years, that the project was very cost effective, well managed and handled throughout, and that one of the great strengths of Grand Forks/East Grand Forks was lack of corruption when looking at a projects this big, our contractors were honorable along with staff, city council and citizens.

Mr. Grasser thanked them for their kind words and will pass that onto his staff, that it takes everybody pulling in the same direction from every citizen in Grand Forks to our Congressional delegations and even had Presidents involved, and takes all that to make it work.

ADOPT ORDINANCE NO. 4158, AMENDING SECTIONS
OF THE GRAND FORKS CITY CODE RELATING TO
CATS AND DOGS

An ordinance entitled "An ordinance amending Sections 11-0103, 11-0104, 11-0105, 11-0106, 11-0107, 11-0108, 11-0109, 11-0110 and 11-0112 of the Grand Forks City Code relating to cats and dogs", which had been introduced and passed on its first reading on November 20, 2006, and was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing.

Council Member Gershman reported that at last week's committee of the whole meeting it was brought up that this does not address under Section 11-0112, the invisible fence, which they thought had been passed in an ordinance but found out that it was referred back to the Service/Safety Committee and is in that committee, and thinks that it is important to get that out of committee and come back to council so they can get invisible fence in the ordinance so that people not outside the law. He noted we can pass this ordinance before council tonight to change the department that will be collecting fees.

Mayor Brown closed the public hearing.

Howard Swanson, city attorney, stated with respect to Section 11-0103 of this ordinance they identified both a minimum and a maximum size of the notice to be published, and have done away with that in all the ordinances to allow the finance department and other departments some latitude, and would recommend adoption of the ordinance upon second reading but to delete the phrase "..a display ad not less than two (2) column inches nor more than four (4) column inches.." in that section; only eliminating the minimum and maximum size of publication, and otherwise the ordinance is in order to be passed.

Council Member Gershman moved adoption of the ordinance with the recommended change in section 11-0103; Council Member Bakken seconded the motion. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ACCEPT RESULTS OF AMENDMENT TO HOME RULE
The staff report from the finance director relating to election results from November 7, 2006 election to amend the home rule charger, with recommendation to receive and file results of election as submitted by county canvassing board.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

APPROVE 2006 SIDEWALK WARRANTS

The staff report from the senior accountant, finance department, relating to matter of 2006 sidewalk warrants, with recommendation to award 2006 sidewalk warrants to Bremer Bank in the amount of $170,000 to $175,000 with an interest rate of 4.787%, maturity date December 15, 2011.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE CHANGE OF PENSION ASSET ALLOCATION
MODEL

The staff report from the finance director relating to change of pension asset allocation model, with recommendation to approve amendment to pension plan investment policy to change asset allocation ranges.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE ACQUISITION OF EASEMENT AT 813 LEWIS
BOULEVARD, FLOOD PROTECTION PROJECT

The staff report from the assistant city attorney relating to Grand Forks Flood Protection Project, acquisition of easement at 813 Lewis Boulevard, Riverside Manor Property, with recommendation as follows: 1) consideration and acceptance of counter offer from Riverside Manor, LLC, new general partner of MDI Limited Partnership #35; 2) authorize lease of remainder portion of Lots 1 and 3, Block 1, St. Anne's Resubdivision; and 3) authorize release of settlement monies to MDI Limited Partnership #35.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE PROJECT CONCEPT REPORT FOR PAVING
The staff report from the engineering department relating to Project Concept Report for Project No. 5988, paving 40th Avenue South (South 20th Street to South Washington Street), with recommendation to approve Project Concept Report for Project No. 5988.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 5988, DISTRICT NO. 627

The staff report from the engineering department relating to creating special assessment district for Project No 5988, District Nos. 627, paving 40th Avenue South (South 20th Street to South Washington Street), with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map; and further that we direct engineering department to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8999 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5988, District No. 627: Document No. 9000 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 9001- Resolution.

It was moved by Council Member Gershman and seconded by Council Member Bakken that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5988, District Nos. 627, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
The staff report from the engineering department relating to creating special assessment district for Project No. 6059, District No. 453, trunk storm sewer crossing on 40th Avenue South (1600 Block), with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map; and further that we direct engineering department to prepare detailed plans and specification, and that we declare intent to sell bonds to finance these improvements.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 9002 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6059, District No. 453: Document No. 9003 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 9004 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Bakken that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Sewer Project No. 6059, District No. 453, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the resolutions adopted.

APPROVE CHANGE ORDER FOR PROJECT NO. 5703

The staff report from the engineering department relating to Change Order #6 for Project No. 5703, 47th Avenue South Reconstruction from Washington Street to Belmont Road and associated budget amendment, with recommendation to approve Change Order #6 in the amount of $240,000.00, and approve budget amendment of $240,000.00 from Sanitation cash carryover to pay for purchase of clay material.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE 2006 HOLIDAY BONUS HOURS

The staff report from Human Resources director relating to 2006 holiday bonus hours, with recommendation for approval of employee holiday bonus of four (4) hours pro-rated for contracted, classified and benefited non-classified employees to be taken between council approval date and July 1, 2007. Time off to be scheduled and approved by department heads.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

APPROVE MOSQUITO CONTROL BIDS FOR 2007

The staff report from the health department relating to mosquito control 2007 bid recommendations, with recommendation to approve purchase of mosquito control products, and recommend awarding bids to the low bidders as outlined on the 2007 mosquito control bid tabulation.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE RELATING TO COMMERCIAL
RATES FOR MOSQUITO CONTROL

The staff report from the health department relating to mosquito control commercial rate ordinance amendment with recommendation to approve ordinance amendment, including square footage fees for cemeteries and Airport Authority properties, to Section 15-0117 to the Grand Forks City Code relating to mosquito control fee.

Don Shields of the health department asked the council to look at the mosquito control commercial rate ordinance because at the committee of the whole meeting last week they asked that he come back with some recommendations on the Airport Authority that was exempt and also the cemeteries; that they looked at the Airport Authority and areas that they give same level of service as they give within city, those are the areas around the terminal, parking and buildings around ramp area, about 160 acres, and when applied the same 3.5 cents per 1,000 sq.ft. the cost was about $2,900.00; that they looked at how much money they were spending treating that area, and that was about $3,000.00; and if you choose not to exempt the airport their recommendation would be to use 160 acres. He stated he had a follow-up conversation with Steve Johnson of the airport and he is in agreement.

Mr. Shields stated there was an issue with the cemeteries and included the sq. footage fees for the four cemeteries in town, and their recommendation would be to include those at a consistent 3.5 cents per 1,000 sq. ft. across all of the commercial areas, without exemptions.

Mr. Swanson stated he has some concern with segregating the Airport Authority from other governmental entities, that a wiser way to handle that is to create an exemption in the ordinance for any governmental entity that has entered into a joint powers agreement with the City, specifically for mosquito control, and then put terms and elements within the joint powers agreement and not within the ordinance, and gives more flexibility as well, and that would be the recommendation from his office.

It was moved by Council Member Kreun to approve the ordinance including cemeteries and delete the exemption for the Airport Authority; and seconded by Council Christensen. Carried 6 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which was presented, read and passed on its first reading.

APPROVE CHEMICAL BIDS FOR WATER TREATMENT

The staff report from the superintendent of water utility relating to 2007 chemical bid approval for water treatment plant, with recommendation to approve recommended bids per summary submitted.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPLICATION FOR BUS SERVICE ENHANCEMENT

The staff report from the director of public works and MPO director relating to request for authorize Public Transportation Department to submit application to NDDoT for New Freedom funds and Job Access Reverse Commute funds (enhance the existing bus service for Grand Forks by adding Sunday Service, extend Saturday service to 6:00 a.m., and add a new service to the Industrial Park), with recommendation to approve enhancements.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 06-23, dated December 1, 2006 and totaling $839,900.24 and Estimate Summary in the amount of $1,539,019.85, were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Brooks 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, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES NOVEMBER 20, 2006

Typewritten copies of the minutes of the city council held on Monday, November 20, 2006 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Bakken that these minutes be approved as read. Carried 6 votes affirmative.

COMMENTS FROM MAYOR AND COUNCIL

1) Council Member Brooks reported there is a meeting re. 13th Avenue North development between Stanford Road and Shakespeare at the Planning and Zoning Commission meeting on Wednesday evening, December 6, 2006 at 7:00 p.m.

He also noted that the City has number of buildings acquired post-flood, that the Corporate Center has been occupied for sometime, and asked if there is some point where we can put property up for sale to see if can get back on the tax rolls..

2) Council Member McNamara asked Chief Packett to explain press release about vehicles that were illegally parked and towed and to explain the policy. Chief Packett stated that the police department, urban development office and public information center have received several calls in recent months about vehicles being towed in the downtown area from parking lots, and some question as to the fees that were charged or whether it was appropriate for those vehicles to be towed in the manner that they were; that the three departments did check into it and there was some information that was obtained that has been passed to the city prosecutor that they are reviewing now for any potential violations of any city ordinances, they felt it would be in the best interest of the community to put out a press release reminding the citizens that they should be watching where they park, park in a legal manner, but if they happened to be towed what the fees were and what would be the appropriate disposition of their vehicle, and would encourage any citizens that have had their vehicles towed and not within the guidelines of the city to give the police department, urban development or public information a call and they will check into that.

Council Member McNamara stated that guidelines are if your vehicle is towed, you can be charged up to $100.00, and if the vehicle is taken into the State of Minnesota, do our guidelines apply. Chief Packett stated that if you are licensed in both states, an interstate carrier, and you have a contract with the City as a towing facility that would be appropriate for the vehicle to be towed to the East Side, that it is the charge that is charged and the impound fee that they would be concerned about.

3) Council Member Kreun read letter council members received in their packets and would like to bring it to the attention of the public, "that we writing to express our sincere appreciation to your fair city and to some of its employees, Todd Hanson, Eric Nelson, Mark Bakken have been working effortlessly in helping in the search for Korey Kelly, that we appreciate the time that they have been able to commit as well as the use of equipment that you have allowed, although we have not found Korey yet, we remain hopeful; receiving the assistance of your people and your resources helps to ease the burden on us. We are truly grateful and thank you very much. Sincerely the Kelly family." He stated that we do participate as a City in a lot of situations throughout the community, and have sent people and equipment to various communities and appreciate this letter from the Kelly family, and will continue as a City to help out the surrounding areas the best we can.

4) Council Member Gershman reported he had received memo from Mr. Swanson, city attorney, relating to the 2:00 a.m. closing time for bars that is going to expire, ordinance was put on a one-year test, and his understanding is that there have been very few additional problems - zero problems, and requested that this item be placed on the next committee of the whole agenda for consideration.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor