Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 22, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 22, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members McNamara, Glassheim, Gershman, Kreun (teleconference) - 4; absent:: Council Member Bakken - 1; Ward 1 vacant. .
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:
Our community suffered a tragic and deep loss this past week when City Council Member and East Grand Forks City Administrator and our friend Bob Brooks passed away; our hearts and prayers are with his family and the people he called friends. We will miss his humor, his ease with people and his genuine support of city employees. At his place have set up a mourning bunting loaned to us from the East Grand Forks American Legion and VFW and on his desk an American flag and the City of Grand Forks flag and a peach rose. He asked that everyone join in a moment of silence for our colleague and friend.
COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT
Congratulations to Coach Mike Berg of Grand Forks Central for being named the NFL High School Coach of the Year, that as a teacher and coach he helped shape our young people to become leaders for decades and one of those leaders, Brooks Bollinger, saw fit he be recognized for all his work, and our pride for the national distinction for one of our own.
We have worked with the County and with the Grand Forks Senior Citizens Center to hold an informational session on the property tax rebate passed by the State last year and how to file if you don't file an income tax, that city assessor Mel Carsen and finance director John Schmisek will join with the county auditor Deb Nelson for this informational session at 1:00 p.m. next Monday, January 28, at the Grand Forks Senior Center.
Last year he asked the City of Grand Forks to develop a 10-year plan to end long-term homelessness, that this is part of a nation-wide call to action, that work on this effort has been underway for the past six months and have convened a committed group of individuals and professionals that represent key agencies and stakeholders who deal with this homeless population, there will be a council work session tomorrow at 4:00 p.m. with a walk through of the plan's key elements to get understanding of the process, and encouraged all council members to attend with the idea that this will be coming to the committee of the whole and city council for adoption in the near future.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4214,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOW AS DEDICATED ON PLAT OF PRAIRIE
POWER ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Prairie Power Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 17, 2007 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown opened the public hearing.
Brad Gengler, city planner, reported that included on the staff report was a note under the recommended action - that following Planning and Zoning Commission staff found that there was a missing element to the plan of access control on the southside of the property, and recommended adding the language to the motion to include a variance to Section 18-0907 of the Subdivision Regulations pertaining to access to Level 4 Streets. He noted that this has been confirmed with Minnkota Power Cooperative, Inc.
The staff report from the Planning and Zoning Commission relating to request from Paul R. Mahlen, Property and Right of Way Manager, on behalf of Minnkota Power Cooperative, Inc. for final approval of the plat of Prairie Power Addition to the city of Grand Forks, ND (located at South 58th Street between 11th Avenue South and 17th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Christensen to approve the motion with the amendment as recommended by the city planner. Council Member Gershman seconded the motion. Carried 5 votes affirmative.
Mayor Brown closed the public hearing.
Upon call for the question of adoption of this ordinance, and upon roll call vote the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4215, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF PRAIRIE POWER ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Urban Reserve) District and to include within the I-2 (Heavy Industrial) District all of Prairie Power Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 17, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The 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 his office.
Mayor Brown opened the public hearing, there were no comments, and the public hearing was closed.
The staff report from Planning and Zoning Commission relating to request from Minnkota Power Cooperative, Inc. for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Urban Reserve) District and include within the I-2 (Heavy Industrial) District all of Prairie Power Addition to the city of Grand Forks, ND (located east of South 58th Street between 11th Avenue South and 17th Avenue South), with recommendation to give final approval to the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 5 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4216
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
LUNSKI FAMILY ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to included the public rights of way shown as dedicated on the plat of Lunski Family Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 17, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The 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 his 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 Mike Juntunen on behalf of Victor Lunski for final approval of the plat of Lunski Family Addition to the city of Grand Forks, ND (located at 6526 17th Avenue South), with recommendation to give final approval of the plat, subject to the conditions shown on the review copy and to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 5 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.
RECEIVE AND FILE MATTER OF FULLTIME MAYOR
The matter of the proposal for consideration relative to a fulltime mayor for the city of Grand Forks was presented to the council.
It was moved by Council Member Gershman and seconded by Council Member Kreun to receive and file this matter. Carried 5 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING
IMPROVEMENTS TO RESIDENTIAL BUILDINGS AT VARIOUS
LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings as follows: 402 North 4th Street; 317 North 3rd Street; 1901 8th Avenue North; 207 North 11th Street; 1504 South 10th Street; 802 Belmont Road; 629 7th Avenue South; 1512 Kuster Court; 1104 Oak Street; 1412 Chestnut Street; 618 15th Avenue South; 307 North 8th Street; 202 Seward Avenue; 804 14th Avenue South; 618 Terrace Drive; 525 Terrace Drive; 414 3rd Avenue South; 530 Princeton Street; 1203 Shakespeare Road; 2626 5th Avenue North; 802 South 17th Street; and 2702 Olive Street; with recommendation to grant exemption of increased values for three (3) years.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative.
APPROVE PLEDGED SECURITIES AND DESIGNATE
DEPOSITORIES OF PUBLIC FUNDS
The staff report from the budget officer relating to approval of pledged collateral report and designate depositories of public funds, with recommendation to approve the pledged security report and designate the following as depositories: Wells Fargo, Alerus Financial, Bremer and Community Banks.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
AGREEMENT FOR PROJECT NO. 6131, 2007 CONCRETE
PANEL REPLACEMENT PROJECT
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Widseth, Smith, Nolting for Project No. 6131, 2007 Concrete Panel Replacement Project, with recommendation to approve Amendment No. 1 in the amount of $33,560.00.
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 McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.
ACCEPT BIDS FOR POLICE VEHICLES
The staff report from the police department relating to bids for police vehicles, with recommendation to approve police vehicle bid of Hatton Ford in the amount of $141,049.00, less trade-in, for 5 2008 Ford Crown Victoria 4-door sedan police vehicles and 2 2008 Ford Expedition 4-wheel drive specialty use/police vehicles.
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 McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.
ACCEPT BID FOR UTILITY TRACTOR FOR POLICE
DEPARTMENT
The staff report from the police department relating to request to accept bid for 4-wheel drive compact utility tractor, with recommendation to accept the bid of Forks Equipment Company in the amount of $18,472.38.
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 McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR OPERATION/MAINTENANCE OF LINCOLN DRIVE PARK
The staff report from the greenway specialist and greenway manager relating to Lincoln Drive Park lease agreement between the City of Grand Forks and Grand Forks Park District, with recommendation to approve the annual lease agreement for operation and maintenance of Lincoln Drive Park for a period of one year in the amount of $1.00.
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 McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-02, dated January 18, 2008, totaling $1,124,148.98, was presented and read.
It was moved by Council Member Gershman 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 McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES DECEMBER 17, 2007 AND
JANUARY 7 AND 14, 2008
Typewritten copies of the minutes of the city council held on Monday, December 17, 2007 and of the council meeting held on Monday, January 7, 2008 and of the special city council meeting held on Monday, January 14, 2008, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member McNamara that these minutes be approved as read. Carried 5 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member McNamara stated that it was a privilege for him personally to serve with Bob Brooks, that he was a member of St. Michael's Parish and a member of the city of Grand Forks and our community, and his work in East Grand Forks and Warren; he gave a tremendous amount to all the communities that he was involved with; and wished Phyllis and all the Brooks' family his best.
He echoed comments about Coach Berg, that the National Football League High School Coach of the Year is unbelievable honor and can't think of more deserving person to receive that award than Mike Berg, and his work through the different high school, middle school and grammar school athletic programs and is a credit to our community and to Grand Forks Central High School.
2) Council Member Glassheim questioned in behalf of a constituent what progress has been made regarding reaching out to residents in the ET Zone about the landfill progress. Todd Feland, public works director, reported since they met in November/December timeframe have submitted in late December our pre-applications for four (4) potential sites, 2 in the southend and 2 in the northend, and has been told by the Department of Health that we should receive word before the end of the month to whether or not those sites are pre-approved, then go back to the service/safety standby committee on Tuesday, February 5, with that information and also have our own internal ranking system as to which site they feel is best site for permitting. He stated that any correspondence he gives to council also goes to the townships and information presented to the service/safety committee will go to the affected townships. He stated the service/safety meeting, committee of the whole meeting which will be open for discussion as to choice of location, then to a council meeting as input in terms of how it is developed. He stated he expects to come back with recommendation along with a dollar amount to do the permitting work which will be significant financial impact - $300-400,000 - and will recommend to move forward with the city attorney's office on an option on that specific site, and that if there are any adjacent property owners that we interface with them. He noted that we have an existing problem with our existing landfill - we have to close by the fall of 2008 and has preliminarily asked that we explore moving that out so can stay at our existing facility while trying to get our site operational in the fall of 2009. He stated recommendations will be brought forward in the next two weeks.
3) Council Member Christensen stated that in this morning's paper that there is a hearing in Fargo on the extra-territorial and asked if they are sending someone from the city (Mr. Gengler) and to bring along Mr. Kreun's article and put that in the record so have his comments.
He stated that now having this issue reviewed by the legislative body whether or not extra-territorial jurisdiction should continue and length of distance, and after hearing that report, we need to remember that if we hadn't had the ET zoning and the right to go out 4 miles, we wouldn't be sitting a landfill for our community; and thinks it was an appropriate exercise of our discretion as city council to site a landfill for various reasons, esp. cost, and in light of the fact that in our state we have an incredible amount of government, and everybody gets a say but at some point in time someone has to take charge for a community of 53,000 people that comprise 76 to 80% of the county of Grand Forks and have to look after the best interests of the citizens of the city of Grand Forks and citizens in the county because there is no other landfill in the county of Grand Forks and we are a regional leader and a destination city. He commended Todd Feland who has done an incredible job in representing this city in every stage of these proceedings and hope can continue this demeanor going forward.
4) Council Member Kreun stated that we will keep people informed who are affected and hopefully move this process forward. He reiterated Mr. McNamara's feelings and feels bad that he was unable to attend Bob's funeral and that we really appreciate what he did.
5) Council Member Gershman stated that this is a regional landfill and has a regional impact and is very important for people all over this part of our state. He also mentioned our good friend and colleague, Bob Brooks, who was a lot of fun to work with and had great wit but part of his legacy should be how he felt about open government and not forget what he said about the importance of surrounding communities and that will be part of his legacy with us - that he will be missed, best to Phyllis and the entire family.
ADJOURN
It was moved by Council Member Christensen and seconded by Council Member Gershman that we adjourn. Carried 5 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor