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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 2, 2008

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 2, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; absent: Council Member Kreun - 1.

The mayor and city council led the audience in the pledge of allegiance to the flag.

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:
Congratulations for those who participated in the Relay for Life this week at University Park, they raised over $160,000.
Thanks to Miss Grand Forks and Miss Empire for raising almost $250.00 for the Children's Miracle Network at the Wal-mart parking lot on Sunday and thanked everyone who participated in the Riverside Pool Neighborhood meeting.
June 7 is going to be an exciting day as that is the National Trails Day and our greenway is being designated as a National Recreational Trail and a number of events are also scheduled - fun run and walk at Riverside Park at 10:00 a.m.; and geo-coaching at the Eagles Point in East Grand Forks from 11:00 to 2:00; and grand opening of the dog park in Grand Forks with ribbon cutting at 1:30.

SUSPEND AGENDA TO HEAR CITIZEN REQUEST

Council Member Gershman moved to suspend the agenda to hear a citizen's request, seconded by Council Member Glassheim. Carried 6 votes affirmative.

Molly Senger, 2218 6th Avenue North, spoke on the need for baby pool at the Riverside Park pool. After her comments Council Member Gershman stated that there is a baby pool at Riverside Park which would be renovated along with the full pool if the measure passes.

ADOPT ORDINANCE NO. 4240, RELATING TO RATES
AND FEES FOR TAXICABS

An ordinance entitled "An ordinance amending Sections 21-0311 of the Grand Forks City Code relating to taxicabs", which had been introduced and passed on its first reading on May 19, 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 public hearing was closed.

Council Member Gershman stated that earlier he had brought up the fact that if a cab puts the meter on and waits for an hour they get $12.00 but if work for an hour get higher fees, and had suggested that it be changed but it wasn't and questioned why.

Howard Swanson, city attorney, stated that in speaking with Mr. Feland, he made no recommendation and that was not included as part of any motion at the last council meeting to increase any of the hourly rates, and if that is something you would like to do, it is available for you to do that through a motion. He pointed out that he was in error in some comments he made at last meeting as to whether all of the fees were mandatory or maximum fees, some were worded both ways and in the draft ordinance you received from him, it is clear that they are all now maximum fees, not mandatory fees, and an entity can charge up to that amount and the additional draft from him included a 10% increase for the use of the bus, but the ordinance as proposed from public works does not include any changes in the hourly rates for the use of any vehicle.

Mr. Swanson also stated that what Mr. Gershman is referring to is subsection under 21-0311 Taxicab Fares, Rates, Zones and Meters, and it says that "..any person engaging a taxicab shall have the option at any time of so engaging such taxicab of electing payment by the taxicab meter rate or by the hourly rate set forth herein", so it is the passenger that could require you to charge an hourly rate, dispensing with the distance rate, and you would have no ability to say no under the current Code.

Council Member Christensen asked if it is common to rent a cab by the hour, and it was noted that it is not common because within the city limits the meter is used, that there are groups of people that wish to charter a cab or hire a cab for a special function at which time that rate is negotiated between the client and the cab company.

Council Member Christensen moved to eliminate paragraph (6) in the ordinance. Council Member Hutchison seconded the motion.

Mr. Swanson stated that when they refer to the ordinance, referring to Section 21-0311, subsection (6) which sets the hourly rates, and asked if it included in the motion for amendment the amendments that he had distributed to the council members: "The maximum fares established by this subsection may be increased by an amount not to exceed an additional 10% for taxi service provided by E-450 style vans."; and it was noted that it did by the mover and second.

Mr. Swanson also stated that by deleting subsection (6) you are removing from the Code any provision for a passenger to require the cab to provide cab service at an hourly rate as opposed to a distance rate, it does not affect the waiting time on the meter. He also stated that the presumption is that all rates, if this passes, would be based upon the meter; if there is some other negotiation between the cab company and a passenger to go outside or off the meter rate, that would be between them, but if this is adopted, the passenger no longer has an opportunity to require that, it occurs that based upon conversation that simply has not occurred because the cab companies haven't allowed it to occur, didn't know it was provided for or the public didn't know that it was provided for.

Upon call for the question on the amendment and upon voice vote, the motion carried 6 votes affirmative.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 636, PAVING PROJECT NO. 6123
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 636, Project No. 6123, construction of paving and street lighting on 40th Avenue South from South Washington Street to Clearview Drive, had expired on May 22, 2008 and that he had received no written protests.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 9162 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District No. 636, Project No. 6123, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 634, PROJECT NO. 6253

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 634, Project No. 6253, reconstruction of paving on 28th Avenue South from South 10th Street to Chestnut Street, had expired on June 2, 2008 and that he had received no written protests.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 9163 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District No. 634, Project No. 6253, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 633, PROJECT NO. 6244

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 633, Project No. 6244, construction of paving and street lighting on Gardenview Drive in McEnroe 1st Addition, had expired on June 2, 2008 and that he had received no written protests.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 9164 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District No. 633, Project No. 6244, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 632, PROJECT NO. 6152

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 632, Project No. 6152, construction of paving in an area along 4200-4400 blocks of 16th Avenue North and the 1500 block of 16th Avenue North Circle, had expired on June 2, 2008 and that he had received no written protests.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 9165 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District No. 632, Project No. 6152, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

APPROVE APPLICATION FOR EXEMPTION OF RE-
MODELING IMPROVEMENTS TO RESIDENTIAL BUILDING

The staff report from the city assessor relating to application for exemption of remodeling improvements to a residential building at 418 North 5th Street, with recommendation to grant exemption of increased value for 3 years.

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

APPROVE BUDGET AMENDMENT, CIRRUS

The staff report from the city auditor relating to budget amendment, Bond Fund 3804, Cirrus, with recommendation to approve the budget amendment in the amount of $91,004.00 as bond schedule used at time of budget was in error for 2008 interest.

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

ADOPT RESOLUTION RELATING TO REFUNDING
BONDS AND AUTHORIZING CITY AUDITOR TO
APPROVE TERMS AND CALL FOR SALE

The staff report from the city auditor relating to resolution relating to refunding bonds, and authorizing the city auditor to approve the terms and conditions of sale and call for the sale thereof, with recommendation to adopt resolution.

Council Member Glassheim introduced the following resolution and moved its adoption: Document No. 9165.1 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hutchison and upon vote being taken thereon, the following voted in favor: Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
6123, DISTRICT NO. 636

The city auditor presented and read tabulation of bids which had been received and opened on May 5, 2008 for Paving Project No. 6123, District No. 636, paving and street lights on 40th Avenue South from South Washington Street to Clearview Drive, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $499,602.80: Document No. 9166 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6123, District No. 636, in the amount of $526,582.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6123, District No. 636, paving and street lights on 40th Avenue South from South Washington Street to Clearview Drive, with recommendation to award contract to the low bidder, Strata Corporation, in the amount of $499,602.80.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved and the resolution awarding the contract to Strata Corporation was presented and read: Document No. 9167 - Resolution. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
6253, DISTRICT NO. 634

The city auditor presented and read tabulation of bids which had been received and opened on May 19, 2008 for Paving Project No. 6253, District No. 634, reconstruction of 28th Avenue South from South 10th Street to Chestnut Street, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $414,148.60: Document No. 9168 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6253, District No. 634, in the amount of $436,519.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6253, District No. 634, reconstruction of 28th Avenue South from South 10th street to Chestnut Street, with recommendation to award contract to the low bidder, Strata Corporation, in the amount of $414,148.60.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved and the resolution awarding the contract to Strata Corporation was presented and read: Document No. 9169 - Resolution. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
6244, DISTRICT NO. 633

The city auditor presented and read tabulation of bids which had been received and opened on April 21, 2008 for Paving Project No. 6244, District No. 633, paving for McEnroe's 1st Addition on Gardenview Drive, indicating that Opp Construction, Inc. was the low bidder based upon their bid in the amount of $257,038.25: Document No. 9170 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6243, District No. 633, in the amount of $326,450.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6244, District No. 633, paving for McEnroe's 1st Addition on Gardenview Drive, with recommendation to award contract to the low bidder, Opp Construction, Inc., in the amount of $257,038.25.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved and the resolution awarding the contract to Opp Construction, Inc. was presented and read: Document No. 9171 - Resolution. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
6152, DISTRICT NO. 632

The city auditor presented and read tabulation of bids which had been received and opened on April 21, 2008 for Paving Project No. 6152, District No. 632, paving and storm sewer on 16th Avenue North and 16th Avenue North Circle, indicating that Opp Construction, Inc. was the low bidder based upon their bid in the amount of $286,294.25: Document No. 9172 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6152, District No. 632, in the amount of $363,593.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6152, District No. 632, paving and storm sewer on 16th Avenue North and 16th Avenue North Circle, with recommendation to award contract to the low bidder, Opp Construction, Inc., in the amount of $286,294.25.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved and the resolution awarding the contract to Opp Construction, Inc. was presented and read: Document No. 9173 - Resolution. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 6270, GATEWAY
DRIVE PEDESTRIAN CROSSING

The staff report from the engineering department relating to bids for Project No. 6270, Near Northend Pedestrian Underpass Rehab., with recommendation to award contract to low bidder, Opp Construction, Inc. in the amount of $164,657.50.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

AUTHORIZE AWARD OF CONTRACT FOR PROJECT
NO. 6292, LIFT STATION 19 FORCEMAIN

The staff report from the engineering department relating to bids for Project No. 6292, Lift Station 19 Forcemain, with recommendation to award contract to low bidder, Molstad Excavating, Inc., in the amount of $84,818.00.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 6280, STOCKPILE
RESTORATION

The staff report from the engineering department relating to bids for Project No. 6280, Stockpile Restoration at South 20th Street and 40th Avenue South, with recommendation to award base bid to low bidder, Robinson Excavating, in the amount of $102,294.00.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

APPROVE RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
STREET IMPROVEMENT PROJECT NO. 6271, DISTRICT
NO. 98

The city engineer's estimate of total cost of the construction of seal coating various asphalt overlaid streets in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6271, District No. 98, 2008 seal coat project, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 9174 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

APPROVE BUDGET AMENDMENT, POLICE DEPARTMENT

The staff report from the police department relating to budget amendment, with recommendation to bring unused COPS Interoperable Communications Technology Grant #2005INWX0012 funds into the 2008 budget in the amount of $1,880,131.09.

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

APPROVE BID FOR TRACTOR FOR PUBLIC WORKS

The staff report from director of public works for Public Works Department, Streets Division bi-directional tractor bid, with recommendation to approve bid of Titan Machinery in the amount of $63,000.00 as the lowest and best bid.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPPROVE PROPOSAL FOR REDEVELOPMENT OF
1424 BELMONT ROAD

The staff report from the urban development director relating to redevelopment of 1424 Belmont Road, with recommendation to convey the committee's recommendation to approve the proposal re-submitted by Larry Johnson for purchase of 1424 Belmont for $62,300.

It was moved by Council Member Glassheim and seconded by Council Member Hutchison that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE REPLACEMENT OF ELECTION OFFICIAL

The staff report from the mayor's office relating to election official (inspector) replacement for the June 10, 2008 election as follows: Ward 2, Precinct 1, ND School for the Blind, Jessica Dusso, 406 24th Avenue South.

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

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 08-11, dated May 29, 2008, totaling $1,010,353.92 and Estimate Summary dated May 31, 2008 totaling $761.933.32, were 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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES MAY 19 AND 27, 2008

Typewritten copies of the minutes of the city council held on Monday, May 19, 2008 and of the special city council meeting held on Tuesday, May 27, 2008, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member Hutchison that these minutes be approved as read. Carried 6 votes affirmative.

RECONSIDER COUNCIL ACTION RE. APPLICATION FOR
LIQUOR LICENSE BY MOODDYZ BAR & CASINO, INC.
AND REFER TO COMMITTEE

Council Member Hutchison reported he had received a request asking the council to reconsider the Mooddyz' application for a liquor license, that they have some new information and moved to reconsider the council's action on May 19, 2008 of denying application for a Class 1 (General On and/or Off Sale Alcoholic Beverage) license by Mooddyz Bar and Casino, Inc. at 3450 Gateway Drive. Council Member Glassheim seconded the motion.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Bakken and Christensen. Carried 5 votes affirmative.

Mr. Swanson stated that a motion to reconsider is considered a procedural motion under your rules, can vote on the procedural motion, and if that passes, his suggestion is that you pass another motion referring it back to Public Safety because you cannot discuss it or take any substantive action on that tonight. He stated he was provided this evening with an application form from Mooddyz Bar and Casino, Inc. that is the same corporation that you had previously considered and the motion for reconsideration before you this evening would simply open it up, and his next recommendation would be to send it back to the committee for further action.

Upon call for the question of reconsideration and upon voice vote, the motion carried 5 votes affirmative, Council Member Gershman recused.

It was moved by Council Member Christensen to send this matter back to the Service/Safety Committee. Council Member Hutchison seconded the motion. Carried 5 votes affirmative; Council Member Gershman recused.

COMMENTS BY MAYOR AND COUNCIL

Council Member Hutchison stated that he went to an event this morning for Habitat for Humanities, where they are building a new house in his ward - was very enlightening and how it affects the people that are going to be moving in. Couple thank you's - one to Jerry Youngberg and the Red River Valley Chapter of Habitat for Humanities and the work they do in organizing it; Drive in for Lutherans which helps organize the volunteers and to a coalition of churches that helps raise the matching money; and a special thank you to Eliot Glassheim who spoke on behalf of the mayor and council, and that he was part of the group that made the Habitat for Humanities happen in Grand Forks 20 years ago, this was the 21st home they have built and takes his hat off to him.

2) Council Member McNamara stated what a great job Relay for Life did, they sold 2,000 more luminary bags this year and University Park after the sun went down was an awe striking visual thing with all the bags with candles lit; that everyone is devoted to somebody who has been affected by cancer . Congratulations to Relay for Life people and to everybody who did such a great job on Friday and Saturday.

2) Council Member Glassheim thanked them for the kind words - and that there were about 50 to 60 people who raised the wall on the house (Habitat for Humanities).

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor