Council Minutes


PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 5, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 5, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim (teleconference), Gershman, Christensen, Bakken - 6; absent: Council Member Kreun - 1.

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.

ADOPT ORDINANCE NO. 4258, AMENDING ZONING
MAP TO INCLUDE LOTS 1, 2, 3 AND 4, BLOCK 1,
KORYNTA-LEMM SUBDIVISION WITHIN I-2 (HEAVY
INDUSTRIAL) DISTRICT

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 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.

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 give final approval to the ordinance.

It was moved by Council Member Gershman and seconded by Council member Bjerke that this recommendation be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted :"aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4259, AMENDING SECTIONS
14-0402 AND 14-0413 RELATING TO THE GREENWAY

An ordinance entitled "An ordinance amending Section 14-0402 of the Grand Forks City Code relating to greenway definitions; and Section 14-0413 of the Grand Forks City Code relating to motor vehicles in greenway", which had been introduced and passed on its first reading on December 15, 2008, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT WITH NDDOT FOR PROJECT NO. 6144,
REPLACEMENT OF STORMWATER PUMP STATION #187

The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 6144, Replacement of Stormwater Pump Station #187 (located at Columbia Road and 32nd Avenue South), with recommendation to approve the Cost Participation and Maintenance Agreement with approx. 75% federal funds, 7% state fund and 18% local funds.

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 6 votes affirmative.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 6218

The staff report from the engineering department relating to Change Order No. 2 for Project No. 6218, 2008 Storm Sewer Repairs, with recommendation to approve the Change Order in the amount of $8,050.00.

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 6 votes affirmative.

ACCEPT BIDS FOR POLICE VEHICLES

The staff report from the police department relating to request to accept bids for police vehicles, with recommendation to approve Hatton Ford police vehicle bid in the amount of $145,287.12 for 6 2009 Ford Crown Victoria police package four-door vehicles.

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 6 votes affirmative.

APPROVE SOLE SOURCE PURCHASE FOR EQUIPMENT
FOR POLICE DEPARTMENT

The staff report from the police department relating to sole source purchase custom imaging scanner equipment, with recommendation to approve the request to sole source equipment from L-Tron Corporation of Pittsford, NY ($8,671.30)

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.


APPROVE EXEMPTION OF TRANSIENT MERCHANT
LICENSES FOR GRAND CITIES ART FEST

The staff report from the public information office relating to transient merchant license exemption for Grand Cities Art Fest event on June 13-14, 2009, with recommendation to approve that 2009 Art Fest event vendors (food and artists) are exempt from purchasing transient merchant licenses.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

APPROVE 2009 CHEMICAL BIDS

The staff report from the superintendent of water utility relating to 2009 chemical bid approval for water/wastewater treatment plant, with recommendation to approve recommended bids per summary presented for various chemicals.

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 6 votes affirmative.

APPROVE BID FOR TRUCK WITH JETTER

The staff report from the director of public works for Public Works Department, Wastewater/Stormwater Collection Division truck with jetter, with recommendation to accept the lowest and best bid of Flexible Pipe Tool Co. in the amount of $133,113.00.

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 6 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS A
AND B, BLOCK 1 OF REPLAT OF LOTS 13 AND 14,
BLOCK1, SHADYRIDGE ESTATES FIRST ADDITION

The staff report from Planning and Zoning Commission relating to request from CPS, LLP on behalf of Kevin Pierce and Dr. Abdelhamid Ahmed for final approval (fast track) of the Replat of Lots A and B, Block 1 (of the Replat of Lots 13 and 14, Block 1), Shadyridge Estates First Addition to the city of Grand Forks, ND (located at 1013 Shadyridge Drive), with recommendation to give final approval of the plat, subject to conditions shown on the review copy.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

APPROVE CONDITIONAL USE PERMIT FOR LOT 1,
BLOCK 1, JORDANS ADDITION AND AUDITOR'S
SUBDIVISION NO. 22 FOR MACHINERY SALES/SERVICE

The staff report from Planning and Zoning Commission relating to request from Icon Architects on behalf of JKV Investments for approval of a conditional use permit for Lot 1, Block 1, Jordans Addition and Auditor's Subdivision No. 22 to the city of Grand Forks, ND (located at 3903 Gateway Drive) for the purpose of machinery sales and service, with recommendation to approve the conditional use permit, subject to conditions shown on the review copy.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

DENY PETITION TO VACATE PORTION OF ALLEY
BETWEEN LOTS 15 AND 16, BLOCK 26, TOWN OF
GRAND FORKS

The staff report from the Planning and Zoning Commission relating to petition from Matt Winjum and Aaron Hendricks on behalf of Rhombus Guys Pizza for approval to vacate a four (4) ft. by twenty (20) ft portion of the alley between Lots 15 and 16 of Block 26, Town of Grand Forks, city of Grand Forks, ND (located at 312 Kittson Avenue) for the purpose of installing a commercial cooler, with recommendation to deny the petition to vacate.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

INFORMATIONAL ITEMS

The Portfolio/Management Summary for period ending November 30, 2008 and the Statement of Changes in Cash Balances as of November 30, 2008, were presented for council's information.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 09-01, dated January 2, 2009, totaling $1,744,911.64 and Estimate Summary dated December 31, 2008 in the amount of $574,228.64, were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that these bills and estimates 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 - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES DECEMBER 15, 2008

Typewritten copies of the minutes of the city council held on Monday, December 15, 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 6 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bakken announced that the Service/Safety Standby Committee would not meet tomorrow, and that the City came through 2008 fairly well and if prudent and careful will come through 2009 the same way but does have some concerns about our sales tax revenue and other revenue streams for the first half of 2009.

2) Council Member Gershman announced that the first legislative committee meeting would be meeting on Friday, January 9, at 2:00 p.m. and will start the process of looking at issues that will affect the City where they want to take some position supporting various legislation.

ADJOURN

It was moved by Council Member Bjerke and seconded by Council Member Bakken that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor