Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 4, 2009
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 4, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara (teleconference), Gershman, Christensen, Bakken, Kreun - 6; absent: Council Member Glassheim - 1.
The Pledge of Allegiance to the Flag was led by Grade 5 of Ben Franklin Elementary School, Alice Smith, teacher.
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 last week and upcoming events:
This week is Annual Spring Cleanup, put your items to be picked up on your regular trash day - no chemicals, paint, oil, etc.
This Saturday was Big Event, over 1100 students worked at over 60 sites, and this is opportunity to thank UND students and recognize impact and role they have in the community; thanks to organizers.
This weekend was picnic for newest Grand Forks residents who came here from countries like Nepal, that we have strong committee of community members who make sure we give them a good welcome.
This weekend wanted to welcome everyone to the Near Northside for a Neighborhood wide series of garage sales - Near Northside Treasure Hunt, and take opportunity to visit this special neighborhood.
NORTH DAKOTA LEGISLATIVE UPDATE
Pete Haga, Community/Government Relations Officer, reported we are on the end of legislative session and will provide a summary of what happened and what our legislative efforts have been for you next week, and tonight will do a short recap. He reviewed status of various bills:
Property tax relief and finance bill reform passed last week, $295 million property tax and $100 million for income tax relief, and $295 million expected to result somewhere in the area of 15 to 18% in tax reduction to local residents and $4.2 million impact to the communities.
Transportation Infrastructure Funding resulted in some success and base payment for this year was $45 million to cities and that has increased to $65.3 million plus additional for snow and disaster fund, but not sure what impact for the City of Grand Forks.
Extraterritorial Zoning - compromise bill approved - two tiers of zoning and that the legislation that was passed keeps the 0 to 2 miles solely for the city's jurisdiction and the 2 to 4 miles is a joint jurisdiction between city and the entity whether county or subdivision that has zoning jurisdiction. That even though the city doesn't have sole zoning jurisdiction in the 2 to 4 outer tier, there is a provision that has had a plat presented will remain within the city's jurisdiction and that is the case with our landfill site.
Red River Water Supply Project - supported State funding and passed a State share of one-third of the project, with no dollar amount.
University Related Items - city supported affordable tuition and when asked some of their capital projects.
Center of Excellence Program - put lot of effort into making sure that State funding would continue - they were able to secure $15 million of funding for the Centers of Excellence plus additional $5 million if there is a surplus in the state budget within first year and could be potential $20 million.
BRIC Funding - was included as part of the Center of Excellence Program, $10 million and state-wide open grant program and potential of funding from state that can help with our base realignment activities.
HOLD PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING FROM HWY.
2 WEST TO 318 NORTH 7TH STREET
The city auditor reported that the notice of public hearing on the application by Rhonda Vanatta to move a building from Highway 2 West to 318 North 7th Street to be used as a garage had been published and posted as required.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
The staff report from Inspections Department relating to public hearing for moving permit application to move a garage to be used as a garage from Highway 2 West to 318 North 7th Street, with recommendation to approve the moving permit to move the building as requested.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved and that Ms. Vanatta is authorized to move the building subject to meeting any conditions established. Carried 6 votes affirmative.
SUSPEND AGENDA TO MOVE ITEM RELATING
TO NEGOTIATIONS FOR ACQUISITON OF PROPERTY
PRIOR TO ADJOURNMENT
It was moved by Council Member Christensen and seconded by Council Member Bjerke to move the item relating to negotiation for acquisition of property and executive session just prior to adjournment of the meeting. Carried 6 votes affirmative.
DENY REQUEST BY GRAND FORKS HOMES TO NEGOTIATE
VOLUNTARY PAYMENT IN LIEU OF PROPERTY TAXES
The staff report from the city assessor relating to request by Grand Forks Homes, etc. to negotiate a voluntary payment in lieu of property taxes was presented.
Mel Carsen, city assessor, stated that prior to presenting this he had not had a firm commitment from any the other taxing entities, that Mr. Warcup's and his task were to see if there was interest of other taxing entities to negotiate a payment in lieu of taxes on properties in question, that majority on each one of the Boards (School, Park District and County Commission) was that they were not interested in negotiating a payment in lieu of taxes.
It was moved by Council Member Kreun and seconded by Council Member Bakken to receive and file the report and information provided by the city assessor. Carried 6 votes affirmative.
DENY APPLICATIONS FOR ABATEMENT OF TAXES
BY GRAND FORKS HOMES, ETC. FOR 2006-2007
The staff report from the city assessor relating to applications for abatement and settlement of taxes by Grand Forks Homes, etc. with recommendations as follows:
1) Grand Forks Homes, Inc., Oak Manor Apts., 710 4th Ave.S. - deny request for 2006/2007.
2) Grand Forks Homes, Cherry Heights Apts., 110 Cherry Street - deny request for 2006/2007
3) Grand Forks Homes, LaGrave Place Apts., 810-830 4th Ave.S. - deny request for 2006/2007
4) Continental Homes, Inc. Apts., 1800-1804 and 1808 Continental Dr. - deny request for exemption on apartment complex, but approve exemption for value of the Kvasager learning center for 2006/2007.
5) Homestead Place Apts., 1639 24th Ave.S. - deny request for 2006/2007
6) MDI Limited Partnership #35, Riverside Manor Apts., 813 Lewis Blvd.-deny request for 2006/2007
7) Faith & Hope, LP, Westwood Apts., 2500 14th Ave.S. - deny request for 2006/2007
8) Housing Authority of City of GF, Ruth Meier Ctr., 770 S. 14th St. - deny request for 2006/207
9) Housing Authority of City of GF, lot next to 770 S. 14th St. - deny request for 2006/2007
10) Terzetto Village, LLC, 12 lots, Promenade 2nd - deny request for 2006/2007
Me1 Carsen, city assessor, reported that on all properties he was recommending denial of the applications with the exception of item 4) Continental Homes where he recommended approval of the exemption on the Kvasager learning center.
Russ Melland, Camrud Maddock, Olson & Larson, Ltd., representing Grand Forks Homes and entities, reported the position of Grand Forks Homes is to have the exempt status for these entities established and anticipate moving forward.
It was moved by Council Member Kreun to accept the recommendation from the city assessor, seconded by Council Member Gershman. Carried 6 votes affirmative.
APPROVE EXEMPTION OF REMODELING IMPROVE-
MENTS TO RESIDENTIAL/COMMERICAL BUIULDINGS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential or commercial buildings as follows: 406 North 8th Street, 1120 2nd Avenue North, 2001 Oakwood Avenue, 1913 South Washington Street, 2015 Library Circle, and 514 Cottonwood Street; with recommendation to grant exemptions of increased value for three (3) years.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE APPLICATION FOR CLASS 3 (BEER AND WINE)
LICENSE AT 108 NORTH 3RD STREET
The staff report from the Service/Safety Standby Committee relating to application for Class 3 (Off and/or On Sale Beer and Wine) license by Kym Enlow and Laurie Tweten dba Bella Vino, 108 North 3rd Street, with recommendation to approve application for license, subject to approval of city attorney and various departments (fire, health and inspections).
Council Member Gershman asked to be recused from voting on this matter and it was so moved by Council Member Kreun and Council Member Bakken. Carried 5 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 4 votes affirmative, Council Member Gershman recused and Council Member Bjerke voted against the motion.
APPROVE REQUESTS FOR AUTHORIZATION TO SERVE
ALCOHOL IN CONJUNCTION WITH OUTDOOR SEATING
The staff report from the city auditor relating to requests by applicants for authorization to serve alcohol in conjunction with outdoor café seating in front of their business location, with recommendation for approval of requests to serve alcohol at their outdoor seating areas, contingent upon completion of and issuance of outdoor seating permits by the Planning Department, approval by the city auditor and review of the city attorney.
Council Member Gershman asked to be recused from voting on this matter and it was so moved by Council Member Kreun and Council Member Bakken. Carried 5 votes affirmative.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 5 votes affirmative, Council Member Gershman recused.
ESTABLISH POLICY AND PROCEDURES TO ADVANCE
FUNDS TO ALERUS CENTER FOR OPERATIONAL CASH
FLOW NEEDS
The staff report from the city auditor relating to matter to establish policy and procedures to advance funds to the Alerus Center for its operational cash flow needs, with recommendation that the city council appropriate funds in the City's annual budget based on the request submitted by the Alerus Center commission annually to meet its cash flow needs.
Council Member Christensen moved to implement Task Force recommendations on Alerus Center Monthly Financial Reporting and accept its draft policy and procedures to request funds to cover Alerus Center's operational cash flow needs or revenues short fall which includes: 1) That the Alerus Center would prepare monthly cash flow statement in addition to the balance sheet and statement of operations in the format that is consistent with GAAP (Generally Accepted Accounting Principles) and the City of Grand Forks financial reporting system for "enterprise funds". 1) The City Council appropriate funds in the City's Annual Budget based on the request from the Alerus Commission and its annual budget as needed - the second part of the motion is that we will appropriate funds in our annual budget to cover their on-going cash flow needs as when they need it and will report on a quarterly basis, and that if anticipate funds for quarter two they will come to us in quarter one and tell us what they need and we will appropriate those funds so they have the funds available to cover their on-going cash flow. Council Member Kreun seconded the motion.
Council Member Bjerke stated that he disagreed with the additional money and as City reducing overtime and asking department heads to cut their budgets and reducing employee raises, we are potentially increasing the money we spend on the Alerus Center and finds that inconsistent, and will be voting against that but is for the transparency of financial reporting.
Council Member Christensen stated that the issue as far as whether or not approve future budget amendments for the Alerus as they come to us requesting additional money which would be over and above what they have in their budget for 2009, then the questions for this council to ask, and they do not have anything in their budget for 2009 to cover their shortfalls so one expects that the 2009 will come in without any requests and if that is negative and the idea is, and would like to know 2-3 months in advance will discuss but not deny it because it is our entertainment facility.
Council Member Gershman stated that the Alerus Center is in a very competitive situation always and is very good with the transparency but need to remain nimble so that if something does come up, that we listen carefully, ask hard questions, but allow flexibility going forward so Alerus Center can do its function, reason we have a Commission is wanted to take the politics out of Alerus decisions and hopes going forward will have that flexibility and try to restrain interjecting politics.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Bjerke voting against the motion.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6335, DISTRICT NO. 638
The staff report from the engineering department relating to creating special assessment district for Project No. 6335, District No. 638, Shadyridge Estates 8th Resubdivision paving and lighting, with recommendation to approve engineer's report, create special assessment district, approve engineer's report, including estimate of cost, an assessment district map, and further that we direct engineering department to prepare detailed plans and specifications for construction, and that we declare intent to sell bonds to finance these improvements.
Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9203 - Resolution.
The city auditor presented and read the engineer's report on Paving Project No. 6335, District No. 638: Document No. 9204 - Report.
Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9205 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and that the resolution creating the special assessment district, the engineer's report ands the resolution of necessity for Paving Project No. 6335, District No. 638, be accepted and approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ACCEPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6334, DISTRICT NO. 464
The staff report from the engineering department relating to creating special assessment district for Project No. 6334, District No. 464, Shadyridge Estates 8th Resubdivision storm sewer, with recommendation to create special assessment district, approve engineer's report and direct engineering department to prepare plans and specifications, and that we declare intent to sell bonds to finance these improvements..
Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9206 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6334, District No. 464: Document No. 9207 - Report.
Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9208 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6334, District No. 464, be accepted and adopted. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
AWARD CONTRACT FOR PROJECT NO. 6354, 2009
WATERMAIN REPLACEMENT PROJECT
The staff report from the engineering department relating to bids for Project No. 6354, 2009 Watermain Replacement Project, with recommendation to award contract to low bidder, Soberaski, Inc. in the amount of $395,324.00 for this project.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD BID FOR BUCKET TRUCK VEHICLE FOR
ENGINEERING DEPARTMENT
The staff report from the engineering department relating to engineering department bucket truck vehicle bid, with recommendation to award bid for electrical division bucket truck to Stamm Manufacturing in the amount of $76,250.00.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bid awarded.
AWARD CONTRACT FOR PROJECT NO. 6429.1, MICRO-
SURFACING OF US2 BUSINESS LOOP
The staff report from the engineering department relating to bids for Project No. 6429.1, Micro-Surfacing of Grand Forks US2 Business Loop (N 5th Street and DeMers Avenue) from Gateway Drive to Sorlie Bridge, with recommendation to concur with NDDoT to award contract to low bidder, Asphalt Surface Technologies Corp. in the amount of $147,292.90 for the project.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
ACCEPT BID FOR PROJECT NO. 6458, 2009 RIVERSIDE
POOL FLOOD CLEANUP
The staff report from the engineering department relating to bids for Project No. 6458, 2009 Riverside Pool Flood Cleanup, with recommendation to award contract to Clean Cut in the amount of $9,800.00 for project construction.
Council Member Bjerke questioned who was to decide whether the pool was to be opened this year when repairs are done, Park District, city council. Council Member Gershman stated along with engineering, Neighborhood Assn. was considering when to open and advise was to have a quiet opening in August for couple weeks so that warranties can be checked, and that will come to council.
Mr. Grasser stated that testing is going to happen irrespective of the opening, and that while doing the testing, have facility running and question of whether want to do a soft start, will happen early enough so can have some activity, is important to verify the equipment operating and some of the warranty issue to do test for late July or early August. He stated to delay the equipment warranty will complicate issues if find problem, etc. It was noted that the joint powers agreement that was entered into with the Park District has an expiration date of December 31, 2014.
Questions were asked whether cleanup costs would be included in the project costs; and it was stated that under joint powers agreement have an operational facility and using construction monies to take care of the issues, there is money left in the dollar amount that was voted on as cost was less than anticipated estimated and covers those things with construction dollars. It was stated by Council Member Bjerke that we are going to raise taxes to do this as we are going to bond this money, that it is going to be double and be part of the city-wide special assessment on third time.
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, Gershman, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 6273.1, PAVING
NORTH 51ST STREET FROM GATEWAY DRIVE TO 10TH
AVENUE NORTH - FEDERAL AID PROJECT NO. SU-6-986(083)087
The city auditor presented and read tabulation of bids which had been received and opened on April 17, 2009 by ND Department of Transportation in Bismarck, indicating that Opp Construction was the low bidder based upon their bid in the amount of $654,721.08: Document No. 9209 - Bid Tabulation.
The Engineer's Estimate of total cost for this project was $703,764.95.
The staff report from the engineering department relating to bids for Project No. 6273.1, District No. 637, paving North 51st Street from Gateway Drive to 10th Avenue North, Federal Aid Project No. SU-6-986(083)087, with recommendation to award contract to low bidder, Opp Construction, in the amount of $654,721.08, contingent on ND Department of Transportation concurrence.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved and the resolution awarding the contract to Opp Construction was presented and read: Document No. 9210 - Resolution. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded..
APPROVE CONSTRUCTION ENGINEERING SERIVES
AGREEMENT FOR PROJECT NO. 6273, DISTRICT NO. 637
PAVING, FEDERAL AID PROJECT NO. SU-986(083)087
The staff report from the engineering department relating to Construction Engineering Services Agreement for Project No. 6273, District No. 637, paving North 51st Street from Gateway Drive to 10th Avenue North (Federal Aid Project N. SU-986(083)087), with recommendation to approve agreement with Webster, Foster and Weston for Construction Administration Engineering Services in the amount of $99,561.93.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE REDEVELOPMENT PROPOSALS FOR CITY-
OWNED LOTS
The staff report from the urban development director relating to redevelopment proposals for City-owned lots, with recommendation as follows: Approval of the proposal for 416 Walnut Place submitted by Ross and Jaci Rivard at a purchase price of $32,500 with windows to be added on both sides to increase the visual appeal of those facades; reject the proposal for 1518 Chestnut Street submitted by Tom and Beth Bock, but encourage the Bocks to resubmit a modified plan that will meet the requirement that the garage not be a dominant feature of the front façade. The proposal for 1425 Walnut Street was withdrawn pending submission of additional information.
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 ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6449, WASTEWATER TREATMENT PLANT
MICRO BUBBLE FLOTATION (MBF) INLETS IMPROVEMENT
The staff report from the director of public works relating to Project No. 6449, Wastewater Treatment Plant Micro Bubble Flotation (MBF) Inlets Improvement engineering services agreement, with recommendation to approve the engineering services agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for design, bidding and construction related services in the amount of $37,670.00. The funding source is the American Recovery and Reinvestment Act Clean Water State Revolving Fund (CWSRF) moneys or Wastewater Enterprise Fund capital reserve moneys from the wastewater treatment plant litigation settlement, which has approximately $850,000 in available funding for wastewater treatment plant engineering and construction activities.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 09-09, dated April 30, 2009, totaling $2,446,664.18 and Estimate Summary dated April 30, 2009 in the amount of $749,709.23, were presented and read.
It was moved by Council Member Gershman 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, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES APRIL 20, 2009
Typewritten copies of the minutes of the city council held on Monday, April 20, 2009 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 Bjerke reported he had talked with people in ag sector and there is concern about crops being planted in this area as approaching dates where there would be loss in yield and has asked Mr. Duquette in early June have someone with information/comments re. agriculture and that if weather doesn't improve there could be significant impact on sales tax, and that next two weeks are critical.
2) Council Member Christensen asked for information to be placed in their packets re. conditional use permits for junkyards on Highway 2; Mr. Gengler will do this.
CONSIDER MATTER OF NEGOTIATIONS FOR ACQUISITION
OF PROPERTY AND MOVE INTO EXECUTIVE SESSION
It was moved by Council Member Gershman and seconded by Council Member Bjerke to adjourn into executive session pursuant to NDCC Section 44-04-19.1 and 44-04-19.2 to allow for discussion on negotiation strategies and instructions regarding potential acquisition of property. Carried 6 votes affirmative. Time was 6:25 p.m.
RECONVENE FOLLOWING EXECUTIVE SESSION
The city council reconvened at 7:24 p.m. following executive session with all members present.
Council Member Bjerke asked when they would address question re. airport runway re. landfill. Council Member Gershman stated that once the runway is completed, the Federal Government is going to tell you that you are going to have to use it, and suggested that Mr. Duquette or someone call the airport director and ask that question and get a memo to us - that they have already postponed it but completion date is very close and UND will push to use it because it is revenue to them, but should ask the question.
Council Member Kreun stated that question was answered - that when the runway was completed it would be opened and we would start to haul, that was negotiation or understanding with FAA and Airport Authority.
ADJOURN
It was moved by Council Member Bjerke and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Saroj Jerath
City Auditor
Approved:
________________________________
Michael R. Brown, Mayor