Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 15, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 15, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; 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:
There was Potato Bowl parade on Saturday morning, was great parade.
Events this past week included: trails and trek in the Greenway, UND/Simplot French Fries, Potato Bowl Parade downtown Grand Forks; Red River Runners Potato Bowl 5K Walk/Run, Alzheimer's Memory Walk at University Park, Campus Crusade, Hybrid Sole Open Concert at University Park, Farmers Market and the Rhombus Ruckus in Town Square.
Congratulations to Sioux football team for third consecutive win at home this year in the Potato Bowl game and great transition to Division I sports this year.
Don't forget the Rally at the Ralph tomorrow from noon to 1:00 p.m. and would like to see as many people as possible to show the 2011 World Jr. Hockey Site Selection Committee that the World Jrs. should make a return trip to Grand Forks.
Recognized Public Works Director Todd Feland who has been presented the Leadership Award from his peers in the ND Solid Waste and Recycling Organization and congratulations.
TABLE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE, CHAPTER XVIII, AMENDING SECTION 18-0204
AND 18-0301 RELATING TO DEFINITIONS AND ELECTRONIC
CHANGEABLE SIGN REGULATIONS TO OCTOBER 20, 2008
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 that public hearing and second reading of the ordinance had been continued until this evening, was presented ands read for consideration.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Brad Gengler, city planner, reported that the last Planning and Zoning Commission had scheduled a meeting for tomorrow at 5:00 p.m. in the council chambers with presentation and that the Chamber of Commerce had invited numerous businesses, the Sign Subcommittee as well as staff to get handle on what they currently have, get input from the businesses and put together the final version which will then go back to the Commission on October 1 and then to city council for 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 Section 18-0204 and 18-0301 relating to definitions and electronic changeable sign regulation, with recommendation to table final approval until October 20, 2008.
It was moved by Council Member Glassheim and seconded by Council Member Gershman to approve the recommendation and to table this ordinance to October 20, 2008. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4249, AMENDING TEXT OF
LAND DEVELOPMENT CODE, CHAPTER XVIII, AMENDING
SECTION 18-0224 CORRIDOR OVERLAY DISTRICT
An ordinance entitled "An ordinance to amend the text of the Lands Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Section 18-0224 Corridor Overlay District of the Grand Forks City Code", which had been introduced and passed on its first reading on August 18, 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 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, 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 Section 18-0224 Corridor Overlay District, with recommendation to grant final approval to the ordinance.
It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4250,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF
STRATA FOURTH 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 Strata Fourth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 18, 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 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, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Landmark Investments for final approval of the plat of Strata Fourth Addition to the city of Grand Forks, ND (located in the 2400 block of North 48th Street), with recommendation to give final approval of the plat, subject to conditions shown on or attached to the review copy, and to include final approval of the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4251, AMENDING SECTION
16-0222 RE. GRANDFATHER CLAUSE FOR INSTALLATION
OF SIDEWALKS
An ordinance entitled "An ordinance amending Section 16-0222 of the Grand Forks City Code relating to the grandfather clause for installation of sidewalks", which had been introduced and passed on its first reading on September 2, 2008, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments, and the hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Gershman, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Glassheim - 1. Mayor Brown declared the ordinance adopted.
ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2009 AND ANNUAL TAX LEVY
The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 2009 would be presented to the city council this evening at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2009.
The staff report from the city auditor relating to final adoption of the 2009 budget was presented to the council along with annual appropriations bill and tax levy and certificate of levy.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Bakken to approve the 2009 budget and adoption of the resolution and certificate of levy which is $14,736,393.00, and to introduce the following resolution and adopt the budget: Document No. 9195 - Resolution.
Upon call for the question of adoption of the resolution and certificate of levy and upon roll call vote, the following voted "aye": Council Members Glassheim, Gershman, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the motion carried and the budget adopted.
APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 3209 CHESTNUT STREET
The staff report from the city assessor relating to application for abatement for taxes by Saleh and Yasmin Faraque, 3209 Chestnut Street, with recommendation to the Board of County Commission that application be approved as submitted.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
INTRODUCE ORDINANCE AMENDING VARIOUS SECTIONS
OF THE GRAND FORKS CITY CODE RELATING TO
ESTABLISHMENT OF VARIOUS FEES AND CHARGES
The staff report from the city auditor relating to various code changes to amend license and permit fees, and from the director of public works relative to FY 2009 sanitation and water enterprise funds rate changes with recommendation to introduce various ordinance amendments to change license and permit fees effective for calendar year 2009 and with utility rates effective on the utility bill issued in February, 2009.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance amending various sections of the Grand Forks City Code relating to the establishment of various fees and charges", which was presented, read and passed on its first reading.
APPROVE CHANGE ORDER 3 FOR PROJECT NO. 6199
AND PROJECT NO. 6228 - BIKEPATHS
The staff report from the engineering department relating to Change Order 3 for Project No. 6199, Bikepath on Columbia Road from Pinehurst Drive to Deacons Garden Addition, and Project N. 6228, 2008 Bikepath Maintenance, with recommendation to approve Change Order 3 in the amount of $4,950.00 for Project No. 6228.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon voice vote the motion carried 6 votes affirmative.
AWARD BIDS FOR PROJECT NO. 6320, RIVERSIDE
POOL RENOVATION
The staff report from the engineering department relating to bids for Project No. 6320, Riverside Pool Restoration, with recommendation to award contracts, including Alternate Bid Item 1 (Tankless Water Heaters), Alternate Bid Item 2 (UV Filtration), Alternate Bid Item 4 (Insulated Pool Cover), Alternate Bid Item 5 (Versatex Interior Ceiling), Alternate Bid Item 6 (Deck Infill at Grass Area), and Alternate Bid Item 7 (Furniture & Accessory Allowance) to low bidders as follows: General Work to Innes Construction in the amount of $320,330.00; Mechanical Work to Lunseth Plumbing & Heating in the amount of $387,757.00; and Electrical Work to Bergstrom Electric in the amount of $66,670.00 for Project No. 6320, Riverside Pool Restoration, and approve use of up to a total of $1.1 million Greenway Betterment Funds to fund costs of this project.
It was moved by Council Bjerke to approve recommendation to award contracts except that payment be made of one-half from the cash carryover and one-half from excess sales tax. The motion died for lack of second.
It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.
REJECT BID FOR PROJECT NO. 6322, PCCP FORCEMAIN
INSPECTION PREPARATION
The staff report from the director of public works relating to bids for Project No. 6322, PCCP Forcemain Inspection Preparation, with recommendation to reject the bid and authorize staff to rebid the project.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 6198, 2008
CAPITAL IMPROVEMENTS FOR GRAND FORKS WATER
TREATMENT PLANT
The staff report from the director of public works relating to consideration of bids for Project No. 6198, 2008 Capital Improvements for the Grand Forks Water Treatment Plan, with recommendation to award construction contracts to low bidder, John T. Jones Construction Company in the amount of $1,088,485.00 and to return the bid and bid bond of Strata Corporation.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE REQUEST FOR ADDITIONAL CAPITAL
IMPROVEMENT DOLLARS FOR ALERUS CENTER, CONTINGENT
UPON APPROVAL OF LEASE AGREEMENT WITH UNIVERSITY OF
NORTH DAKOTA
The staff report from the Alerus Center Commission relating to request for additional capital improvement dollars for enhancements for the Alerus Center in the amount of $465,569.83 was presented.
Council Member Gershman recommended approval of the project contingent upon the Alerus Center signing at least a ten-year leases with the University of North Dakota. Council Member Kreun seconded the motion. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, with Council Member Bjerke voting against the motion.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-18, dated September 11, 2008, totaling $792,157.15 was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Bjerke 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, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES SEPTEMBER 2 AND 8, 2008
Typewritten copies of the minutes of the city council held on Tuesday, September 2, 2008 and of the special city council meeting held on Monday, September 8, 2008 were presented and read. Council Member Bjerke requested correction to the September 2 minutes re. item 3) in preliminary budget by Council Member Bjerke showing vote of 4 votes affirmative and 2 voting against the motion, and should be 5 votes affirmative and 2 voting against the motion.
It was moved by Council Member Bjerke and seconded by Council Member Bakken that these minutes be approved as corrected. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Christensen stated that the Finance/Development Committee meeting this coming Wednesday, and one of the items on the agenda was if there is a shortfall on the operation of the
Riverside pool, the agenda said they would be discussing funding sources to cover the shortfall, and suggested that the shortfall would be coming from sales tax dollars dealing with Special Events, and that should be discussion as to 2163 sales tax dollars that are allocated to Special Events and to the Arts, and asked that be added to the agenda.
He stated a second issue is that there will be discussion as to what could be done to utilize the money from the sales tax which is being collected to amortize the Alerus bonds, and asked those attending the meeting to give questions to the auditor so those can be given to bond counsel and Springsted; and asked the auditor to run out the bond payments re. potential increase of the sales tax and that he be conservative on the increase like 3.5%, assumed rate of inflation.
He stated there would be a Growth Fund meeting tomorrow at 4:00 p.m. with an added agenda item as to the potential sale of some property located north of town and that Mr. Hoover will brief the committee, and that they may go into executive session at that meeting to discuss that matter.
2) Council Member Bakken stated that considering what the world financial market are going through now, think we need to be cautious about what we do, that doesn't think will see an end to this year and continue into next year and will affect our sales tax, etc.
3) Council Member Kreun stated there is a Service/Safety Committee meeting tomorrow at 4:30 p.m. in Room A101 with 3 items on the agenda, and also that he had the opportunity to travel to Bismarck last night to be at the Advisory Commission on Intergovernmental Relations today for the 4-mile jurisdiction and they adopted a draft which was proposed by the League of Cities which took out the retro activity clause but included the joint jurisdictional control from zero to 4 miles and that this goes to the Governmental Affairs Committees in the House and Senate when the Legislature meets and continue to monitor it and give our opinion as appropriate.
Council Member McNamara reported present.
4) Council Member Gershman stated that he will be out of town on Wednesday and unable to be at meeting, but has some concerns about using the sales tax money for the Arts and thinks that Special Events makes some sense as that is an event that is on-going.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Bakken that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
________________________________
Michael R. Brown, Mayor