Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 17, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 17, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; absent: none.
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 items during the past week and upcoming events:
That on Thursday afternoon the second in a two part Non-Profit Collaboration Summit will be taking place at the Alerus from 4:00 to 6:00 p.m. and the City has been a partner supporting effort headed by the United Way and Bremer Foundation.
Council Member Bjerke announced that there will be a Ward 1 meeting from 7:00 to 8:30 p.m. at the Alerus in the Jr. Ballroom and listed several issues that will be discussed - construction projects, fire department brief on fire safety, police department neighborhood resource officers and sex offender program, etc. and there will be time for questions and comments. This is an opportunity for Ward 1 residents to give their input and also for anyone from the city.
Mayor Brown stated that the St. Vincent dePaul Empty Bowl project to feed the hungry is going on as we speak, that he cooked chili yesterday for 700 people; at St. Michael's Church gym for $15 get soup, help a good project and keep the bowl (the bowl has been hand painted by members in the community), this project fights hunger by educating the community and utilizing all proceeds towards hunger prevention. For more information contact St. Vincent DePaul.
TABLE PUBLIC HEARINGS AND SECOND READINGS OF
ORDINANCES RELATING TO ELECTRIC FRANCHISE
ORDINANCE AND GAS FRANCHISE ORDINANCE
An ordinance entitled "An ordinance granting to Northern States Power Company, a Minnesota Corporation d/b/a Xcel Energy its successor and assigns, permission to construct, operate, repair and maintain in the city of Grand Forks, North Dakota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes", which had been introduced and passed on its first reading on November 3, 2008, was presented and read for consideration on second reading.
An ordinance entitled "An ordinance granting to Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the city of Grand Forks, North Dakota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants and others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes", which had been introduced and passed on its first reading on November 3, 2008, was presented and read for consideration on second reading.
Mayor Brown opened the public hearing.
Howard Swanson, city attorney, reported that they are continuing discussions with Xcel and exchanging drafts of additional language to be included and because neither the city council nor Xcel have had an opportunity to review that language, asked that they continue the public hearing on both of the ordinances for two weeks.
It was moved by Council Member Bakken and seconded by Council Member Glassheim to continue the public hearings and second readings of the electric franchise ordinance and the gas franchise ordinance to December 1, 2008. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4254, AMENDING SECTIONS
18-0204 RULES AND DEFINITIONS AND SECTION 18-0301
RELATING TO SIGNS
An ordinance entitled "An ordinance amending Section 18-0204 Rules and Definitions relating to electronic signs and amending Section 18-0301 Signs of the Grand Forks City Code'", which had been introduced and passed on its first reading on July 21, 2008 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Brad Gengler, city planner, reported that there were two ordinances before the council, the first ordinance is the previous ordinance that was introduced and the second ordinance which has been modified to include the amendments. Mr. Swanson reported that the appropriate motion would be to amend the ordinance as introduced, incorporate the changes as identified by the planning director and if passed, give final approval.
The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Sections 18-0204 and 18-0301 relating to definitions and electronic changeable sign regulation, with recommendation to approve final approval to the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the recommendation. Carried 7 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Gershman to approve the amendments to the ordinance - to incorporate new provisions regulating Light Emitting Diodes (LED) signs, and provides that the hold time be reduced from two (2) seconds to a one (1) second hold time for a sign message. 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 Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4255, AMENDING SECTION
18-0206 RE. TO A-1 AND A-2 DISTRICTS RE. TO USES
PERMITTED, LIMITED, CONDITIONAL AND PEROHIBITED
An ordinance entitled "An ordinance amending Section 18-0206 of the Grand Forks City Code relating to A-1 and A-2 Districts relating to uses, permitted, limited, conditional and prohibited", which had been introduced and passed on its first reading on October 20, 2008 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The acting city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and that to date no protests or grievances had been filed with her office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII, of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions, subsection (2) Definitions; Section 18-0206, A-1 Agricultural Preservation District and A-2 Agricultural Urban Reserve District, subsection (3), Uses permitted, limited, conditional and prohibited; all relating to a Conditional Use Permit (CUP) for a guest house in the A-1 and A-2 Districts, with recommendation to give final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
TABLE ORDINANCE TO AMEND ZONING MAP TO
REZONE AND EXCLUDE FROM THE B-3 (GENERAL
BUSINESS) DISTRICT AND INCLUDE WITHIN THE I-2
(HEAVY INDUSTRIAL) DISTRICT LOTS 1, 2, 3 AND 4,
BLOCK 1, KORYNTA-LEMM SUBDIVISION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Lots 1, 2, 3, and 4, Block 1, Korynta-Lemm Subdivision to the city of Grand Forks, North Dakota,", which had been introduced and passed on its first reading on October 20, 2008 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening and further that to date no protests or grievances had been filed with her office.
Mayor Brown opened the public hearing, there were no comments and that because publication requirements were not met for the Planning and Zoning Commission hearing on November 5, the Commission asked that the matter be tabled until the next Planning Commission meeting in December, and that the ordinance be tabled until the December 15 council meeting.
The staff report from the Planning and Zoning Commission relating to request from Gateway Storage, LLP and Britton Transport on behalf of Gateway Storage, LLP, Britton Transport and Violet Korynta for final approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and include within the I-2 (Heavy Industrial) District, Lots 1, 2, 3 and 4, Block 1, Korynta-Lemm 4th Resubdivision and Lot 2, Block 1, Korynta-Lemm 2nd Addition to the city of Grand Forks (located west of North 48th Street and south of 17th Avenue North), with recommendation to table final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Bakken to approve the recommendation to table this ordinance. Carried 7 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 637, PROJECT NO. 6273
The acting city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 637, Project No. 6273, construction of improvements in area on North 51st Street from Gateway Drive to 10th Avenue North, had expired on November 13, 2008, and that no written protests had been received.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Bjerke reported for clarification purposes that this project is funded 80% federal and 20% special assessments.
Council Member Kreun introduced the following resolution as to protests, which was presented and read: Document No. 9198 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest against Paving District No. 637, Project No. 6273, as no protests were filed, and that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION SELLING, ESTABLISHING TERMS
AND DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON FUNDS OF PAVING DISTRICTS, SANITARY
SEWER DISRICTS, STORM SEWER DISRICT, WATERMAIN
DISTRICTS AND FANNIE MAE LOAN (2006), AND PROVIDING
FOR AND APPROPRIATING SPECIAL ASSESSMENTS
FOR THE SUPPORT AND MAINTENANCE OF SAID FUNDS
The staff report from the director of finance and administrative services relating to award and sale of $3,455,000 Refunding Improvement Bonds, series 2008D, with recommendation to adopt resolution awarding the sale of $3,455,000 Refunding Improvement Bonds, Series 2008D.
Brenda Krueger, Springsted, Inc., reported that the resolution to issue $3,410,000 of Refunding Improvement Bonds is a typical borrowing that the City does every year to finance various paving and utility projects and these bonds are secured by special assessments. Bids were taken this morning on the City's bond issue, obtained four bids and submitted summary of the bids received, winning bid was by Robert W. Baird at 4.47%, cover bid was from a group out of the Minneapolis, MN area at 4.52%; the winning bid at 4.47% was little better than what they had projected six weeks ago which is phenomenal based on what the market has been doing; and recommend that you accept this bid. She stated they requested a credit rating from Moody's Investors Service and a Double A3 credit rating of the City was reaffirmed; and stated that was probably more important based on the current market conditions, as they have seen a widening of interest rates based on credit ratings and is definitely to quality and the higher the rating the lower interest rate. As part of that confirmation of that rating, Moody's pointed out again that all of your trends are in a positive direction, they look at the finances, population growth, and local economy is very strong and seems to be weathering the initial part of the recession very well.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 9199 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bakken and upon vote being taken thereon the following voted in favor: Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; 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.
ADOPT RESOLUTION DIRECTING ISSUANCE OF
$3,410,000 REFUNDING IMPROVEMENT BONDS,
SERIES 2008D AND PRESCRIBING TERMS AND
COVENTANTS THEREOF
Council Member Gershman then introduced the following resolution and moved its adoption: Document No. 9200 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bakken and upon vote being taken thereon the following voted in favor: Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; 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.
AUTHORIZE SALE OF COMMERCIAL GAS STOVE BY
FIRE DEPARTMENT
The staff report from the fire department relating to sale of commercial gas stove, with recommendation to allow the fire department to advertise for sale by sealed bids, a commercial gas stove located at the DeMers fire station and allow the department to use funds to purchase smaller, more efficient stove.
It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ACCEPTANCE OF FEMA FUNDS AS MATCH
FOR VEHICLE FIRE TRAINING PROP
The staff report from the fire department relating to acceptance of Federal Emergency Management Agency (FEMA) assistance to Firefighters Grant in the sum of $105,957 for a vehicle fire training prop, with recommendation to approve acceptance of the FEMA funds and approve City match of $11,733 from the fire department carryover.
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 7 votes affirmative.
APPROVE DIAL-A-RIDE/SENIOR RIDER FARE
INCREASE AND EARLIER SATURDAY START
The staff report from the director of public works relating to Public Transportation matters - Dial-A-Ride(DAR)/Senior Rider fare increase and earlier Saturday start, with recommendation to increase DAR/Senior Rider fare 25 cents to $2.75 per ride (from $2.50 to $2.75) effective January 1, 2009 and start Saturday public transportation service at 8:00 a.m. instead of 10:00 a.m.
It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
APPROVE EXTENSION OF RECYCLING AGREEMENT
WITH WASTE MANAGEMENT OF NORTH DAKOTA, INC.
The staff report from the director of public works relating to recycling service agreement extension, with recommendation to approve the recycling agreement extension up to December 31, 2011 with Waste Management of North Dakota, Inc. at rate of $2.26 per month and residential unit and $1.16 per month and participating apartment units.
Council Member McNamara urged a no vote on this matter, that it is not his intention to stop recycling, but that spending $400,000/year to save 5% in our landfill is not good, that technologies are emerging and there are better uses for our $400,000 and urged colleagues to begin to pursue those. We have made commitments to the citizens where we are going to put our landfill north of town, that we will look hard at these technologies. He stated he would hope that you would vote against this and that in the Service/Safety Committee have discussions about what we would do with this money, a plan to look at different technologies as they become available, and that we begin to financially prepare for those eventualities.
Council Member Gershman stated that he is open to studying this and that we vote yes on this issue, that there is a voluntary termination by City or contractor of 90 days and that we can start the process and while we look at alternatives, would also like to study the City doing its own recycling as we know what it costs us but don't know what the revenue is for selling the recycling materials (1832 tons)
Council Member Bakken stated that they have already started looking at alternatives, and that this is an interim agreement working towards the landfill and also towards separating at the landfill or running it through the landfill, and two or three have already looked at that may alleviate this entirely.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved.
Council Member Christensen stated that we have to study this and that if there is some revenue to be generated and would like to see reports every 4, 6, and 9 months to see what getting for increases. It was noted that monthly reports are sent out by the department.
Council Member Kreun stated that one of the problems they have looked at re. recycling is that to do it ourselves is that we don't have enough volume to make it worthwhile to ship it to Minneapolis, but Waste Management has that capability in larger volume. We have looked at incineration scenario and doesn't think that is an option because wouldn't get it permitted with air pollution quality control standards. The plasma study that we are following and have our wastewater treatment plant to incorporate recyclable materials and had a presentation by Victory Fuels that had a new style of recycling and turning everything into waste into energy but hadn't perfected it yet, only worked with hog farms and haven't used municipal solid waste - have been looking and will continue to look at all options. Now is a crucial time for the landfill, right in the permitting process and taking a lot of Mr. Feland's time, but asked that they give them several months and they will go back after more in-depth research to find out where they want to go. He stated it will take quite a bit of money to get into some kind of recycling and redirect that money might be an option, that they have set the extension up as short time frame to continue the recycling and have an out if necessary within the 90 days if need be.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Gershman, Christensen, Bakken, Kreun - 5; voting "nay": Council Members Bjerke, McNamara - 2. Mayor Brown declared the motion carried.
APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR CONSTRUCTING ADDITION TO EXISTING PET
RESORT AND FOR A COMMERCIAL DOG BOARDING
KENNEL
The staff report from the Planning and Zoning Commission relating to request from ICON Architectural Group on behalf of David Vaaler for approval of a conditional use permit (CUP) for Lots A and B, Block 1, Young Resubdivision to the city of Grand Forks, ND for the purpose of constructing an addition to the existing "Stay and Play Pet Resort" and a conditional use permit for a commercial dog boarding kennel, with recommendation to approve the Conditional Use Permit subject to the amended conditions.
It was moved by Council Member Kreun to approve the recommendation with a change to the conditional uses, item 4) to delete the words "..either to be removed or…" and should read "Adjacent single-family house turned into a related use upon vacation of current renter." Council Member Gershman seconded the motion. Carried 7 votes affirmative.
APPROVE REQUEST FOR CONDITIONAL USE PERMIT
FOR CONSTRUCTNG A GUEST HOUSE
The staff report from the Planning and Zoning Commission relating to request from Meland Architects on behalf of James R. and Judith A. Bradshaw for approval of a conditional use permit for Lot 1, Block 1, Charlson Addition to the city of Grand Forks, ND for the purpose of constructing a guest house, property located at 6497 16th Street SE, with recommendation to approve the conditional use permit, subject to conditions.
It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATION FOR CLASS 1 ALCOHOLIC
BEVERAGE LICENSE AT 3450 GATEWAY DRIVE
The staff report from the Service/Safety Standby Committee relating to application for Class 1 (General On/Off Sale Alcoholic Beverage) license from Mooddyz Bar and Casino, Inc., 3450 Gateway Drive, with recommendation to approve the application for license and that staff at the business to be processed by the police department.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kreun. Carried 6 votes affirmative.
Council Member Bjerke stated that in talking about limits is that as we continue to give out more liquor licenses, concerned about whether we are adequately staffed during certain times of the day or night, and as we continue to do this we are stretching our police force thin and concerned about what could happen on weekend nights as spread these out.
Upon call for the question and upon voice vote, the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Bjerke - 1; Council Member Gershman recused.
INFORMATIONAL ITEMS
The matter of the Alerus Center Master Facility Plan update was presented. Steve Hyman, executive director of the Alerus Center, reported that in August they had a working session with a copy of the Alerus Center Master Facility Plan, that 2008 was approved and a 2009 capital budget was given to council for informational purposes. He stated they would like to ask for a working session in January or February to update the 2009 and that as this letter indicates to present a very comprehensive 20-year capital plan; that some of those items listed are major capital expenditures, i.e., roof, chillers, boilers, program redecorating of the building, the building is in its 8th year, and recognize that 6 or 8 years from now we need to do that over again. He stated they have production capability updates and also about expanding the ballroom, and possibly expanding the convention trade show floor. All of those will require the addition of parking to meet their needs, and one of the items that will be brought to you would deal with associated land acquisition as it relates to parking. Mr. Duquette will make sure item is placed on an agenda.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-22, dated November 13, 2008, totaling $722,606.33 was presented and read.
It was moved by Council Member Bjerke and seconded by Council Member Glassheim 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 Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES NOVEMBER 3, 2008
Typewritten copies of the minutes of the city council held on Monday, November 3, 2008 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as read. Carried 7 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Bjerke announced Ward 1 will have a town hall meeting this coming Thursday from 7:00 to 8:30 p.m. at the Alerus Center, Jr. Ballroom, and will have fire department, police department and updates on construction projects, etc.
He also noted that in reference to train whistles and looked into quiet zones and has some information from MPO about wayside horns, horns that are put on actual posts and direct sound towards the ground and would like to refer to the Service/Safety Committee to have appropriate city staff and Mr. Duquette bring forth the information on these wayside horns, preliminary information was $75,000 approx. per crossing vs. $1 million or more, not quiet but muffled.
He also stated they had an open house on the landfill last Thursday and thanked the staff and different agencies that were involved, and to commend Mr. Feland for his ability to listen to repetitive comments on certain issues and to maintain his cool. He stated he had received question about building an incinerator to burn our trash, that he talked with the ND Dept. of Health and that to build an incinerator to burn trash requires the same permit as a coal fired power plant - these options have been looked into and trying to do the best we can for the citizens and commended Mr. Feland, his staff and people involved - lot of work and nobody likes landfills but we have trash!
2) Council Member McNamara gave a brief update on Library issues - a Library task force has been formed to look at either renovation or construction of a new library, Jim Hove is chair; people were selected from every ward in the city as well as in the outlying areas in the county. He stated there is a committee being formed to choose a new director since Mr. Page's death, and have had three people on the staff of the Library that have formed Tri-chairs, David Haney, Tony Vonasek and Connie Wylot, and that he will keep council updated. He stated that Susan Mikkelsen has done outstanding job as the chair of the Library Committee.
3) Council Member Glassheim reported that the Humane Society brought to his attention a national problem with pet hoarding and asked staff to look at video and at the problem to see if we need to do anything about it. He stated that the third or fourth fire in his ward has taken place, and thanked fire department for their work in preventing it from spreading and keeping us all as safe as possible, and for their continued work in getting people to renew their fire alarm systems.
4) Council Member Bakken thanked the finance department for the work they have done to keep our ratings up, that the bond issue proves the point that going in the right direction and planning for next year, etc. we should bear this in mind as 2009 might be another interesting year.
5) Council Member Kreun reported that because of tomorrow's meeting at 4:30 p.m. with bond people, the Service/Safety Committee meeting will be on Wednesday at 4:30 p.m. in Room A101.
ADJOURN
It was moved by Council Member Glassheim and seconded by Council Member Bjerke that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Candi Stjern for
John M. Schmisek, City Auditor
Approved:
________________________________
Michael R. Brown, Mayor