Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 6, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, February 6, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian (teleconference), Kreun - 7; absent: none.
Boy Scout Troop 13, Wolves, led the city council in the pledge of allegiance to the flag, Den Mother Trish Moore.
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:
He welcomed everyone in t.v. land to Channel 2, Grand Forks television, and hope this is strong tradition to bring government to you from all government entities and to help citizens keep informed, engaged and involved, excited about the possibilities and hope to hear how we can do a better job of providing the best service and information possible.
He stated he would encourage nominations for the Second Annual Athena Award, this is a regional award and is presented to an exceptional man or woman who has achieved excellence in their business or profession, has served the community in a meaningful way and has assisted women in reaching their full leadership potential. Call the Chamber or go on line for nomination form, deadline is February 10.
He thanked Dr. Dexter Perkins for presentation at last Monday's meeting and his offer for lunch and a discussion on water and water projects, took him up on the offer at Amazing Grains, and thanked him for wonderful meal and the discussion.
He thanked all the organizers of the Greenway Ski Day, est. that 1500 to 2000 attended, and thanks to all the sponsors and partners for making it happen.
He reported that he and Council Member Glassheim had the pleasure of taking part in this year's Boy Scout Pinewood Derby at the new Rydell building, Mr. Glassheim represented the council quite well and they both took second place. Congratulations to Mayor Stauss and East Grand Forks Council for their well deserved victories, but real winners were Scouts and families.
He stated he was pleased to announce that Community Development director, Greg Hoover, has received the National Community Development Association Luther Roberts Award, this Award is presented to an individual whose life and career has been dedicated to the field of community development; that Mr. Hoover has spent 25 years serving states and local governments in the community development field, has served on national committees and task forces and on boards of non-profits, and is a certified housing development finance professional and is a past president of the National Community Development Association. He stated in honoring Mr. Hoover with the Luther Roberts Award the Association recognized him for his dedication and commitment to serving low and moderate income people and for providing quality programs and services with patience and respect. He congratulated Mr. Hoover and that we are fortunate to have him working with our community.
He announced that the Chamber annual meeting is this evening and few may have to leave early.
He welcomed Boy Scouts from Troop 20 who are here doing their community service merit badges.
MONTHLY FLOOD PROTECTION UPDATE
Al Grasser, city engineer, reported on several items - that they pledged to FEMA a year ago that they were going to try to make sure they maintained a public awareness of flood potential in the community until the time when their full remapping comes into play, and wanted to remind people that if they are anticipating purchasing flood insurance, there is a 30-day wait, but encourage people to pick up flood insurance, both for river flooding but also summer rains that we have seen. He reported that they had some good news out of Senator Conrad's Office, that the President's budget now contains $12 million in fiscal year 2007 for flood protection project and will get us either to the end or very close.
He reported on the greenway and wanted to remind everybody that there is a neighborhood meeting this Thursday at 6:30 p.m. in the Lincoln warming house, where taking some public thoughts and input on the parking lot by the sledding hill and will try to put that in next construction season. The Friends of the Greenway annual meeting is scheduled for February 28 at 7:00 in East Grand Forks Campbell Library. He stated that the Adopt-A-Trail Program is looking for local sponsors to help maintain litter control on trails, etc. and want to welcome our latest participant, CPS, Ltd., local consulting firm, that has joined the program and there are still segments of the trail that are available for any agency or group that wants to participate.
Council Member Christensen asked when they would receive a report as to what the plans are for the Riverside area pool, and when can they expect the cleanup behind the dike. Mr. Grasser stated there was going to be some work on that this winter and next task was to hire a consultant to help look at the issues; there is a continuing construction zone and hoping with completion schedule, that should be cleaned up this summer and fall. Council Member Christensen also stated as moving towards completion of the project, need to discuss agreement with the Park District, what it is going to entail, and what areas they would have responsibilities for - that sometime in the second quarter in 2006 should begin these conversations so have it resolved by the first quarter in 2007 and be in place by the time the dike is completed.
Council Member Brooks stated there is a sign in the sledding area stating not to sled in certain areas, where there is a spillway and that several people were sledding in that area, and questioned if fence should be installed. Mr. Grasser stated they had considered putting up a fence but considered conflicts and dangers and felt sign was most appropriate action for notifying people that is not an appropriate place to sled and facility at the bottom is part of the stormwater detention pond.
The video was not available tonight and will be shown at a later date.
ADOPT ORDINANCE NO. 4123, RELATING TO MOTOR
VEHICLE RENTAL TAX
An ordinance entitled "An ordinance enacting Article 6 of Chapter XXII of the Grand Forks City Code relating to motor vehicle rental tax", which had been introduced and passed on its first reading on January 17, 2006, was presented and read for consideration on second reading.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question by Council Members Hamerlik and Gershman, and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7: voting "nay": none. Mayor Brown declared the ordinance adopted.
RECONSIDER ORDINANCE NO. 4117, RELATING TO
ANNEXING PART OF SW QUARTER OF NE QUARTER OF
SECTION 21, T151N, R50W OF FIFTH PRINCIPAL MERIDIAN
Howard Swanson, city attorney, stated that there was a change in the legal description that was in the ordinance that was acted upon on January 17, 2006, and the proper procedure would be at the close of the public hearing a motion to reconsider the second reading, assuming that passes then have a motion to amend and incorporate the new legal description, and ultimately a motion to give final approval and adoption.
It was moved by Council Member Kreun and seconded by Council Member Glassheim to reconsider the council's action on January 17, 2006, relating to the adopting of Ordinance No. 4117, relating to annexation of part of SW Quarter of NE Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian. Carried 7 votes affirmative.
An ordinance entitled "An ordinance to annex part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 21, 2005 and upon which public hearing had been held on December 19, 2005, was presented and read for consideration on second reading.
It was moved by Council Member Kreun and seconded by Council Member Glassheim to reconsider the second reading of the ordinance. Carried 7 votes affirmative.
It was moved by Council Member Gershman and seconded by Council Member Christensen to amend the ordinance and to include the metes and bounds description of that part of the Southwest Quarter of the Northeast Quarter of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, North Dakota. Carried 7 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
TABLE SEVERAL AGENDA ITEMS
Council Member Kreun moved to table agenda items as follows: the items creating special assessment districts for Project No. 5948, District No. 440, sanitary sewer for Promenade 3rd Resubdivision; Project No. 5949, District No. 289, watermain for Promenade 3rd Resubdivision; Project No. 5950, District No. 441, storm sewer for Promenade 3rd Resubdivision; and Project No. 5951, District No. 618, paving for Promenade 3rd Resubdivision because of additional work that needs to be done on the assessment districts and the funding for the projects. Council Member Brooks seconded the motion to table. Carried 7 votes affirmative.
APPROVE EXPANSION OF NORTH END GRID WORK
AT ALERUS CENTER
The staff report from the finance department relating to catwalk and rigging for Alerus Center, with recommendation to approve the use of sales tax dollars accumulated in the Alerus Debt Service Fund that are over and above what is needed to pay debt. (Project cost estimated at $225,000)
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ACQUISITION OF PROPERTY FOR FLOOD
PROTECTION PROJECT
The staff report from John A. Warcup, Assistant City Attorney, relating to Grand Forks Flood Protection Project, transfer of remainder of 71 4th Avenue South to Garry A. Pearson and Rose Kitzan, with the following recommendation: 1) adoption of a declaration finding the remainder of Part of Lot 7, Block 2, Iddings Addition and Part of Lot 7, Auditor's Subdivision No. 6 to the City of Grand Forks, North Dakota, as surplus property; and 2) adoption of resolution by city council waiving requirements for advertising and public sale pursuant to Grand Forks City Code 2-0402(5)(D) and authorizing the transfer of the remainder of Part of Lot 7, Auditor's Subdivision No. 6 to Garry A. Pearson and Rose Kitzan.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved and the resolution be introduced and adopted: Document No. 8800 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE APPOINTMENTS TO CIVIL SERVICE
COMMISSION
The staff report from Mayor Brown relating to appointment to the Civil Service Commission, with recommendation to approve reappointment of Bev Bredemeier and appointment of Wayne Burlog to the Civil Service Commission for three (3) year terms.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENTS TO PLANNING AND ZONING
COMMISSION
The staff report from Mayor Brown relating to appointment to Grand Forks City Planning & Zoning Commission, with recommendation to confirm reappointment of Tom Hagness and Paula Lee, at large representatives, and Curt Kreun, city council representative, and appoint Steve Adams as an at large representative to the Grand Forks City Planning & Zoning Commission for five year terms.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPOINTMENT TO REGIONAL AIRPORT
AUTHORITY BOARD
The staff report from Mayor Brown relating to appointment to the Grand Forks Regional Airport Authority Board, with recommendation to approve reappointment of Richard Becker as a representative for the city of Grand Forks on the Airport Authority Board for a five (5) year term.
Council Member Brooks stated that items have come up relating to the Airport Authority Board, that when we have airport with one airlines and when that airlines runs into problems it becomes crucial for the airport, the airport is critical to the economic development function of this city. He stated Mr. Becker's involvement is an asset and moved to reappoint Mr. Becker to the Board. Council Member Hamerlik seconded the motion.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPOINTMENT TO EVENTS CENTER
COMMISSION
The staff report from Mayor Brown relating to appointment to the grand Forks Events Center Commission, with recommendation to confirm the appointment of Sheila Gerszewski to the Grand Forks Events Center Commission for a three-year term.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5829, DISTRICT NO. 617
The city engineer's estimate of total cost of the construction of paving the 4300 block of South 25th Street and 43rd Avenue South from South 20th Street to South 25th Street, in the amount of $ was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5829, District No. 617, paving Southern Estates 4th Addition (4300 block of South 25th street and 43rd Avenue South from South 20th Street to South 25th Street), with recommendation to approve plans and specification for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8801 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5940, DISTRICT NO. 620
The city engineer's estimate of total cost of the construction of paving South 20th Street from 40th Avenue South to 44th Avenue South, in the amount of $ was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5940, District No. 620, paving South 20th Street from 40th Avenue South to 44th Avenue South, with recommendation to approve plans and specification for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8802 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that the resolution be adopted. Carried 7 votes affirmative.
ACCEPT BID FOR STREET SWEEPER
The staff report from the director of public works relating to Street Department street sweeper bid, with recommendation to accept the street sweeper bid as per the bid tabulation as the lowest and best bid: Sanitation Products in the amount of $153,000.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT FOR PROJECT NO. 5671,
POINT BRIDGE REHABILITATION
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement with North Dakota Department of Transportation for Project No. 5671, Point Bridge Rehabilitation, with recommendation to approve the agreement with NDDOT for the Point Bridge Rehabilitation.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 06-03, dated February 3, 2006, and totaling $2,864,409.62, and Estimate Summary in the amount of $1,024,241.56, wee presented and read.
It was moved by Council Member Christensen and seconded by Council Member Gershman that these bills be approved and the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES DECEMBER 19, 2005
Typewritten copies of the minutes of the city council meeting held on December 19, 2005 were presented and read. It was moved by Council Member Kreun and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Brooks asked if they could get some background information in March relating to Airport Authority and items they are looking at there.
2) Council Member Gershman thanked Council Member Brooks for his comments about the airport and how important it is to the entire region, that they had a meeting this afternoon with a group of interested citizens in the community who over the past month have expressed an interest in the airport and how we can improve services at the airport and amenities, was good meeting and interest in the airport and have some issues and citizens coming forward with honest comments.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
______________________________________
Michael R. Brown, Mayor