Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 5, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, February 5, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), 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.
The Airmen Leadership School from the Grand Forks Air Force Base, Class Zero Seven Charlie, led the city council in the pledge of allegiance to the flag. Master Sgt. Shannon Riggs, Grand Forks Airmen Leadership School Flight Chief, stated their mission is to prepare senior airmen to become effective supervisors and to lead Air Force teams; that they help to prepare these men and women to become effective Air Force leaders. Members of the Airmen Leadership School introduced themselves to the community and stated their home state.
PRESENTATION OF ENGINEERING AWARDS
Wayne Gerszewski, project manager with Advanced Engineering & Environmental Services, presented two engineering excellence awards for the City's recently completed raw water intake and transmission pipelines project from the American Council of Engineering Companies. In August of 1998 following the devastating flood of 1997 the City initiated a significant project with Advanced Engineering as prime engineering consultant to replace the City's aging operational and capacity challenged raw water intake system, consisting of 3 raw water intakes ranging in age from 1930's to 1967, and following structured facility planning and decision making process a two-part $18.5 million raw water intake replacement project was designed and constructed for the City of Grand Forks during a period of 5-years. On behalf of Advanced Engineering he presented the City of Grand Forks with these two awards, the state level award for Category F and on the national level the award for recognition for the successfully completed project
He stated that Advanced Engineering would like to present Hazel Fetters-Sletten, water superintendent, with a set of 5 framed construction photograph story boards that were prepared for the City, the story boards contain pictures from the start to the finish of the construction that was completed, and intent is to have them hung in the intake facility to facilitate the facility tours; and also serve as a record for future reference for new staff hired.
Mayor Brown accepted and thanked them on behalf of the community.
PRESENTATION OF COMMUNITY FIRE SHIELD AWARD
Mayor Brown presented the Community Fire Shield award to Martin Schneider, a student in the fire fighting program at Northland Technical College, for his actions at a fire on the night of December 3, 2006. The award is given to those who have displayed such actions in protecting citizens. Rick Coulter, Battalion Chief, on duty the night of the fire also recognized Mr. Schneider. Mr. Schneider thanked his instructors and that this award means more than he can say.
FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, reported that they have excavated another of the storm holding ponds near the intersection of 62nd Avenue South and Columbia Road on the west side and took some of that dirt and put it in a stockpile off the east side of Columbia Road and that will be part of their stockpile that they will put together for the 3 ft. flood raise, that this summer they will be conditioning that dirt and putting the stockpile in its final condition. He stated in addition it is a state legislative year and that he and Council Member Kreun have been to Bismarck several times, and that during the testimony that Mr. Kreun presented they are in discussions with the State about upping the percentage participation on the construction project to make sure we get up to the full $52 million original legislation for the project. He stated the project is continuing to move and reported on project progress.
He stated he wanted to brief the council on the progress they are making on the remapping, LOMA, etc. and reviewed the timeline of what they have accomplished, where they are at and tasks that need to be done: they completed the CLOMR (Conditional Letter of Map Revision) application that was submitted December 2005 to FEMA, that the draft final Corps of Engineers hydraulic report for the flood insurance study and draft report was submitted in December, 2006; that on December 13 and 23 the City published the Grand Forks and East Grand Forks CLOMR public notification to make people aware that they are asking for that from FEMA, that in January 2007 they received an updated flood insurance rate study from the Corps of Engineers, that on January 24 FEMA approved the flood insurance study and issued the City the conditional letter of map revision (CLOMR)' that on January 26 the Corps certified the project to the 100-year flood level. Those tasks are all accomplished as of today; and the next steps that they need to go through to finish off some of the certifications - that we are expecting in February that FEMA will authorize the City to publish the final floodway and floodplain notices and have the option of FEMA going through those publications but feel we can make this happen a lot quicker than if wait for FEMA to go through those; and as soon as they get that authorization from FEMA we will do the publications and anticipate that will happen in March and in March or April FEMA will publish the 90-day appeal process to look at the information to see if any concerns. He stated during the spring of 2007 will resolve the appeal issues and finalize the flood insurance study map, and then FEMA will issue the LOMR (Letter of Map Revision) to the 100-year flood level. He stated remaining tasks to final out the remapping process in 2007 have to finish off the left over tail ends of the project, tail ends of a $400 million project is still a few million dollars worth of work. He stated there are some easements and properties to acquire before we can get final certification, and are anticipating in 2007 or early 2008 that the Corps will actually certify the complete project to the full 250-year flood level; and in 2008 and 2009 will be working closely with the counties in the two states, North Dakota and Minnesota, on the full remapping to the new elevations because the full remapping takes in both counties, Grand Forks and Polk.
Council Member Gershman asked at what point will citizens be able to drop their flood insurance. Mr. Grasser stated that the flood insurance requirement will come off when FEMA actually does issue the LOMR, FEMA only does a certification to the 100-year flood level and will have that sometime this summer. He stated there is one project but the letters of map revisions are separated out because they are two physically separate protection systems, separated by the river, and two separate CLOMR's and two separate LOMR's that will be issued.
Mr. Grasser stated they have information from the National Weather Service on flooding potential for this spring and basically shows less than a 10% chance of reaching major flooding this year based on current and projected conditions; this will be updated monthly.
There was some discussion relative to when property owners could drop their insurance and if City could find out from FEMA what rules would be for dropping insurance; that property owner shouldn't have to wait until November to get rid of his flood insurance and continue to make payments. Mr. Grasser stated the requirement for flood insurance is basically up to the lenders and if have a mortgage on your home, if not carrying a mortgage there is no federal requirement to carry flood insurance, enforcement arm is the lending agency, particularly the secondary markets, if required to carry insurance and your insurance is in default your lender would be contacting you about that. He also stated that when they get the certification there will be a publication push to make that information available to the people and the lending institutions and would envision that it will be on the web page so people have ready access.
Council Member Gershman stated there are still some lots that are vacant (Walnut, Belmont areas) and thinks we should be putting those up for sale soon conditioned upon the certification so could start doing some plans and possibly start building this year. Council Member Christensen stated he agrees and that they should start process of exploring liquidation of the remaining lots we have, and would like to begin that process in the finance/development standby committee.
Council Member Kreun stated that they want to look at those areas and sell that property as fast as possibly can but one of the conditions is that if you start building before this process is completed, you have to build it to the flood standards, and if want to build it under normal standards would have to wait until the certification comes through, not opposed to selling them before hand but doesn't want to start building until after certification comes through. Council Member Bakken suggested they could start deciding on size of lots and what going to allow to be built on them; and also suggested using the process as on Almonte where had a committee with citizen input and architecturally similar to the neighborhood.
Mr. Grasser stated he has not given a date on when to expect the LOMR because of what can come out of that in the 90-day appeal process, doesn't have any way of predicting exactly how long the resolution process may take, and not suggesting that we gave a certain date on that.
INTRODUCE ORDINANCE AMENDING SECTION 2-0901
OF ARTICLE 9 OF CHAPTER 11 OF THE GRAND FORKS
CITY CODE RELATING TO THE ISSUANCE OF RESERVE
REVENUE BONDS TO FINANCE ADDITIONS TO THE
MUNICIPAL UTILITIES
The staff report from the finance and administrative services director relating to amending City Code relating to issuance of reserve revenue bonds, with recommendation to approve the amendment.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance amending Section 2-0901 of Article 9 of Chapter 11 of the Grand Forks City Code relating to the issuance of reserve revenue water, sewer, storm sewer and sanitation utility", which was presented, read and passed on its first reading.
APPROVE AMENDMENTS TO DEFINED CONTRIBUTION
PENSION PLAN
The staff report from the director of finance and administrative services relating to required amendments to Defined Contribution Pension Plan, with recommendation to approve amendments as described in the document titled "Sixth Amendment, City of Grand Forks, North Dakota Retirement Savings Plan (1997 Statement)".
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
RECEIVE AND FILE MATTER OF AIRPORT AUTHORITY
ORDINANCE
The matter of the Airport Authority ordinance relating to membership of the Authority was presented to the city council.
Council Member Brooks stated that in discussion with Council Member Gershman have come to the agreement that they need two more voting members because of problems with quorum, that one of them should be a city council member due to the City funds involved, that if this proceeds and the County completes their half he will resign from the Airport Authority and suggest that Mr. Gershman appoint himself to that position, which is the proper procedure as the president appoints the person; and moved to receive and file and ask the city administrator to notify the county commissioners and would urge them to adopt the original ordinance that the City has in effect; Council Member Christensen seconded the motion.
It was noted that several council members had talked with individuals from the County Commission and they were in agreement that the County would go along with what the city council decided.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ACCEPT LIST OF CONSULTANTS FOR ENGINEERING
SERVICES FOR CITY PROJECTS
The staff report from the engineering department relating to Project No. 6062, request for qualifications of consulting engineering services for 2007 and 2008 with options for 2009 and 2010, with recommendation to accept the list of consultants and qualifications responding to the RFQ for use on future projects.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6105, MENARDS WATER TOWER
RECONDITIONING
The staff report from the engineering department relating to engineering services agreement for Project No. 6105, Menards Water Tower Reconditioning, with recommendation to approve engineering services agreement with Advanced Engineering and Environmental Services, Inc. for design, bidding, construction administration, and warranty phase engineering services in the amount of $112,054.00.
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 Member Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR PARK AREA OF GREENWAY
The staff report from the engineering department relating to lease agreement with Park District for Lincoln Drive park area of the greenway, with recommendation to approve the lease agreement between the City of Grand Forks and the Grand Forks Park District for Lincoln Drive park for the term of one year starting February 5, 2007.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
TABLE RECOMMENDATIONS FOR 2007 SPECIAL
EVENTS PROGRAM
The staff report from the director of the urban development office relating to the 2007 Special Events Program, with recommendation to approve funding recommendations for the 2007 Special Events Program.
Council Member Gershman reported that the Special Events Commission is going to have another meeting on Wednesday to refine this because of issue with the Potato Bowl, and moved that we table this item until after the meeting and then come back to council. Council Member McNamara seconded the motion. Carried 7 votes affirmative.
CITIZEN REQUEST
Jerry Foote, 3720 Cherry Street, presented comments on the city ordinance relating to noise ordinance that was amended about a year ago, that to assume that all or most citizens or law enforcement officers will be reasonable in judging the point at which an individual or those at a social gathering are violating a noise ordinance is naïve assumption. Last summer he hosted a Swedish mid-summer festival, and for the first time the event brought law enforcement to his door re. a loud party complaint, his guests were in an enclosed patio or in his living room, no music; and this past holiday season he attended a party in an apartment on the southside near downtown and about 11:30 p.m. law enforcement officers arrived and stated that the party was over and asked everyone to leave, there were 7 guests left with background music in the living room and apparently the host didn't encourage guests to leave rapidly enough and was arrested and given a $250 fine. He asked if the downtown business on South 4th Street with the tower with several loud speakers who play music periodically from 8:00 a.m. to 8:00 p.m. has ever been fined. Many downtown apartment dwellers find the music objectionable and disruptive to sleep, many work nights until 2:00 a.m. or the night shift, and the ordinance states 50 ft. and that you can hear that for 15 blocks. Complaints about this to the police department and City Hall and yet the music always resumes. He stated they take pride in being a University city and the reality of such and as many University students and seniors like him don't go to bed at sunset. He thanked them for listening to his comments.
Mayor Brown stated this will be discussed at the service/safety standby committee meeting on Tuesday, February 6 at 4:00 p.m. in the council chambers.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 07-03, dated February 2, 2007, and totaling $2,537,098.31, and Estimate Summary in the amount of $428,793.26, 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, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES JANUARY 16, 2007
Typewritten copies of the minutes of the city council held on Tuesday, January 16, 2007 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Brooks that these minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks stated that city funds that go to the Airport each year are mills from our property taxes, that the airport is a regional airport and if funds from city sales tax which is collected from the region would be appropriate, and need to sit down as a city council and look at where that funding source should be. He also noted that some of the other services that the city provides to our citizens are also available to the region, i.e., police department has drug task force and swat team, etc. and are a benefit to the region and those are property tax general fund dollars and should review that or look at a better funding source for those; and asked if the auditor or deputy auditor could put something together and look at that in the finance/development committee, that this is a policy item that the council should be looking at to see if should be making some changes.
He stated that in looking at his packet of information, received notice of finance/development standby committee meeting on the 24th of January and as read through the minutes, knowing that he had pointed out that they wouldn't have a quorum for that meeting, that he gets the minutes of that meeting and as member of that committee, disturbs him that it went ahead and met. He stated in looking through it saw that there was a quorum of service/safety committee but didn't get a notice of that one, and also of the quorum of the council and didn't see anything of that, but is labeled finance/development and as a council member and someone concerned about the open meeting laws, etc. this disturbs him, and that this is an issue of the city council, there are laws to follow and this bothers him that they have a meeting like that.
2) Council Member Glassheim thanked Pete Haga for keeping them informed of interests of the city; Mr. Kreun has been in Bismarck a few times and given excellent testimony and to announce that there will be a meeting of legislators this Saturday in City Hall from 9:30 to 11:00 a.m. and that the public is invited.
3) Council Member Christensen stated that on Saturday will have the legislators here, some council persons at the meeting and interested citizens, and that one of the topics legislature is addressing is property tax relief, that they can get into property tax relief issues and how the legislature can affect or effect property tax relief. Assuming that this issue is on the table, he called for the meeting of the finance committee, was scheduled for 4:00 p.m., and was aware that two of the members wouldn't attend but other legislators stated they would attend, the issue is that the meeting was properly scheduled and that anybody that chose to come could participate and was labeled a preplanning meeting. He stated that because this council and future councils will have before them as a result of this legislative session issues as to how do they continue to render or pay for the services that the citizens currently are used to, if the revenue is curtailed, that calls for planning. He stated to take away the power to generate the revenue from one source and innovative council persons will find it from another source, we have done that, because if the citizens would like the current services to be delivered and paid for, perhaps shouldn't be as ready to endorse "property tax relief in the area of capping". He stated that if we continue to deliver those services, are going to have to get sources of revenue from somewhere else, from additional fees or additional cost, increase in permits, increase in traffic fines, increase in what pay for water, that we have been entrusted with trying to deliver services at a certain level and still pay for it, and if so inclined to express some degree of support for the city council, that they show up on Saturday and lend support to the local elected officials.
Council Member Christensen stated re. Mr. Brooks' comments, he would like to explore those mills and thinks we should explore whether or not we can level the sales tax on the airline tickets that are sold out of our area, and if talking about a regional airport and can get into the debate, and the issue is $550,000 of general property tax or level a quarter or half a percent sales tax on the tickets; and those are things for the council to decide as a policy.
4) Council Member Bakken stated that Mr. Christensen's comments saying that he would like a few citizens to show up on Saturday to support the fact that we don't want a cap on our taxable revenue; that people are looking for property tax relief and is understandable, but that some of the things that are being proposed now aren't reasonable and probably some other alternatives need to be explored.
5) Council Member Kreun stated they received the attendance report for the last year for meeting their obligations as council members but wanted to note that the two meetings he missed, June 5 and October 16, were because of city business.
6) Council Member Gershman stated he talked to Mr. Haga and Mr. Duquette about that and that the council members that are on city business should be notation that they are excused.
Mr. Gershman stated that Mr. Glassheim has probably said this to the legislators in Bismarck that are pushing to cap cities, how they would feel if the federal government put a cap on state revenue sources, and that the City's portion of taxes since 2000 have been reduced 30 mills or more trying to keep things neutral and the operating budget has gone down $2+ million over those years which is significant so the city which is 23% of your taxes has been very responsible and that the State can solve this thing with the school funding, and that is where the issue is, not with city government as we have been extremely responsible and proud of what this council has done and administration.
ADJOURN
It was moved by Council Member Brooks and seconded by Council Member Bakken that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Saroj Jerath
Deputy City Auditor
Approved:
______________________________________
Michael R. Brown, Mayor