Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 1, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 1, 2008 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, Kreun - 6; absent: Council Member Bakken - 1.
The Kelly School Student Council with council guide Ginny Blake led the council 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:
That the Planning and Zoning Commission meeting has been postponed to Wednesday, December 17, 2008 and that the Finance/Development Standby Committee meeting is on Thursday, at 4:00 p.m.
Major Ed Wilson, Salvation Army, commented on events during Christmas season, that during the year have served a lot of people and seeing an increase in number of requests in the programs they offer and several promotions going on to assist them and noted upcoming events for next year, that they appreciate any assistance.
ADOPT ORDINANCE NO. 4256, ELECTRIC FRANCHISE
ORDINANCE
An ordinance entitled "An ordinance granting to Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy its successors and assigns, permission to construct, operate, repair and maintain in the city of Grand Forks, North Dakota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes", 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.
Howard Swanson, city attorney, reported that revised changes to the proposed ordinance establishing franchise had been distributed to council members, that the proposed changes were made to Section 9.1 dealing with the fees and the opportunity to re-evaluate the fees and additionally a new section was added to the ordinance with respect to green cities initiative.
Council Member Bjerke stated concerns and that the agreements should be in the best interests of the citizens of the city, that he is not in agreement with the ability of renegotiating the fee as usually the fee goes up, and that if as a city we wish to fund something, the appropriate way should be through either raising the property tax or raising the sales tax - that a fee on utility usage is not the way a city should look at gaining revenue; that he thinks entire premise of Section 13 is flawed and doesn't subscribe to the premise of man-made global warming; and that alternative energy in many ways can be both inefficient and more expensive.
It was moved by Council Member Christensen and seconded y Council Member Gershman to give final approval to the ordinance incorporating the additional changes made to Section 9.1 and to include Section 13.
Council Member Glassheim stated he appreciate the work of Mr. Swanson and Mr. Duquette in crafting Section 13, that it is very progressive and does commit Xcel and the City to work together on finding ways that will save money on new power plants and save money for more energy efficient housing.
Council Member Christensen thanked Mr. Duquette, Ms. Paukert and Mr. Nesbit for their cooperation and courtesies they extended us. He stated we have given future councils the opportunity to review the fee and if parties agree the fee can be raised, and that he agrees with alternate sources of energy because it is imperative that we quit doing the same things over and over again and expect a different result, this follows along with the Mayor's green initiative and good compromise.
Upon call for the question of the amendment, and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4257, GAS FRANCHISE
ORDINANCE
An ordinance entitled "An ordinance An ordinance entitled "An ordinance granting to Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the city of Grand Forks, North Dakota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the city and its inhabitants and others and transmitting gas into and through the city and to use the public ways and public grounds of the city for such purposes:, 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.
Howard Swanson, city attorney, reported that revised changes to the proposed ordinance establishing franchise had been distributed to council members, that the proposed changes were made to Section 9.1 dealing with the fees and the opportunity to re-evaluate the fees and additionally a new section was added to the ordinance with respect to green cities initiative.
It was moved by Council Member Christensen and seconded y Council Member Gershman to give final approval to the ordinance incorporating the additional changes to include changes made to Section 9.1 and to include Section 13.
Upon call for the question of the amendment, and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Kreun - 5; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.
APPROVE 2008 SIDEWALK WARRANTS
The staff report from the finance department relating to matter of 2008 sidewalk warrants, with recommendation to accept recommendation to award 2008 sidewalk warrants to Wells Fargo Public Finance at an amount of $180,000 with an interest rate of 4.54%.
It was moved by Council Member Gershman 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 BUDGET AMENTMENT
The staff report from the finance department relating to budget amendment, capital project funds, public safety training center and mosquito control facility, with recommendation to approve the budget amendment in the amount of $1,220,929 by transferring cash from remaining bond proceeds from the 2007 budget to the 2008 budget.
It was moved by Council Member Gershman 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.
INFORMATIONAL ITEM - RIVERSIDE POOL
The staff report from the engineering department relating to construction progress update for Project No. 6320 - Riverside Pool Restoration, was presented to the city council as an informational item.
APPROVE REQUEST FOR DRIVEWAY VARIANCE
The staff report from the engineering department relating to request for driveway variance with recommendation to consider the developers request for two 60 foot driveways with 80 foot flares; and approve two 50 foot wide driveways with 80 foot flares for proposed Northwest Tire building at Gateway Drive and North 48th Street.
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
DIRECT STAFF TO SUBMIT FEDERAL AID PROJECT
REQUESTS TO GRAND FORKS/EAST GRAND FORKS MPO
FOR PREPARATION OF 2009 STATE TRANSPORTATION
IMPROVEMENT PROGRAM
The staff report from the engineering department relating to 2010-2013 Urban and Regional Program Project request to North Dakota Department of Transportation, with recommendation to direct staff to submit Federal Aid Projects requests for construction years 2010 to 2l013 to the Grand Forks-East Grand Forks Metropolitan Planning Organization (MPO) for preparation of the 2009 North Dakota State Transportation Improvement Program (STIP); and rank as in the Regional and Urban Road Summary Years 2010 to 2013.
It was moved by Council Member Gershman and seconded by Council member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE AGREEMENT OF INTENT WITH GARRISON
DIVERSION CONSERVANCY DISTRICT FOR WATER
SERVICE CONTRACT
The staff report from the city engineer relating to Agreement of Intent to enter into a water service contract for a supplemental water supply with Garrison Diversion Conservancy District, with recommendation to approve the non-binding agreement and elect 8.3 cubic feet per second of supplemental domestic supply water and 14.0 cubic feet per second of supplemental industrial supply water.
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE PURCHASE OF MOSQUITO CONTROL
PRODUCTS AND EQUIPMENT
The staff report from the health department relating to mosquito control 2009 bid recommendations, with recommendation to approve purchase of mosquito control products and equipment, and award bids to the low bidders noted on the 2009 mosquito control bid tabulation.
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Upon roll call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE PRIORITY LIST FOR 2009-2010 MPO WORK
PROGRAM
The staff report from the planning and engineering departments relating to request from the planning and engineering departments for approval of the priority list for submittal to the MPO for inclusion in the 2009-2010 MPO Work Program, with recommendation to approve the priority list for 2009-2010 MPO Work Program as follows:
2009
1) Pavement Management Analysis - estimated cost $100,000
2) ETZ Airphoto Project (other funding sources coordinated for 2009) - estimated cost $35,000
3) Traffic Signal Transit Coordination Study on Major Corridors for Public Transportation and Traffic
Flow (Traffic Coordination Study) Public Works and Engineering combined study (phase 1 -
Columbia Rd) - $35,000 estimated cost
4) Traffic study for Kiwanis Park (south of Target) - estimated cost $50,000
5) Railroad Crossing Study - no estimate
6) Traffic Signal Coordination Study on Major Corridors for Public Transportation and Traffic Flow
(Traffic Coordination Study) Public Works and Engineering combined study. (phase 2 - Washington
St.) - $30,000 estimated cost.
7) Traffic Signal Coordination Study on Major Corridors for Public Transportation and Traffic Flow
(Traffic Coordination Study) Public Works and Engineering combined study. (phase 3 - Gateway Dr)
- $30,000 estimated cost
8) Traffic Signal Coordination Study on Major Corridors for Public Transportation and Traffic Flow
(Traffic Coordination Study) Public Works and Engineering combined study. (phase 4 - DeMers/42nd
St) - $30,000 estimated cost
2010
1) Public Transportation Route Study - no estimate
2) Projects not funded in 2009 will roll into 2010
Unranked Projects
* Analysis of Columbia Rd at University and 2nd Ave N with the new ramp in place and what happens if another ramp is built
* Retroreflectivity Study to provide most cost efficient way to replace signs
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
APPROVE MINNESOTA/FOURTH CORRIDOR STUDY
The staff report from Grand Forks/East Grand Forks MPO relating to Minnesota-Fourth Corridor Study Document (Cherry St. to 3rd Street), with recommendation from Service/Safety Committee for approval of MN-4th Corridor Document for the arterial street, Minnesota Avenue/Fourth Avenue.
Council Member Kreun stated that this is a study and that this document will change several times during the process because there are individuals that will have comments in that area, costs are 80-20%, but that some of the costs will be borne by the City for the preliminary design and related work that may not be repaid, and moved to approve the recommendation as a study document but with reservations that we have and this will come before council several times in different forms. Council Member Christensen seconded the motion.
Council Member Bjerke stated in areas where they put major thorough fares in our planning is to make the vehicles go as quickly and efficiently as possible but in this area our plan is to do traffic calming, and questioned why the study would consider funneling more cars through the area where attempting to calm the traffic.
Council Member Christensen stated that finally we have a study through and have a consensus which is unusual when having to deal with granitoid and historic neighborhoods, etc. and that the MPO and the long range plan for a Southend bridge will not be considered until after Merrifield is built, and that bridge won't be built until such time as there is a Merrifield overpass/exchange and it will be some time until we get the Southend bridge. The reason for the project is that both bridges (Kennedy and Sorlie) closed, one in 2016 and one in 2018 and we have to get into the planning on this to figure out when we can get this built into our transportation improvement plan, that tonight we passed the recommended plan for the next several years and MPO will have another plan coming through next year and this may be included possibly in 2014 or 2015, but we have to begin the planning process and about sourcing funds. It is unfortunate because of the economic situation but is fortunate because there may be more infrastructure funds available and if we can access some of those funds and earmark the planning process to facilitate this project and behoove both communities that take the lead and try to figure out how we can use the Point Bridge in a more efficient fashion.
Council Member Gershman stated he is interested in the traffic calming and one of the things to slow it down because of the historic nature but have Belmont School, United Lutheran has a daycare and important to take that traffic and not move it through too quickly through that neighborhood as it is not a wide street.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Bjerke voting against the motion.
APPROVE TRANSPORTATION PLAN
The staff report from Public Works and from Public Transportation relating to Transportation Improvement Plan (TIP), with recommendation to approve the estimated TIP
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative..
REDEVELOPMENT OF 1502 BELMONT ROAD
The staff report from urban development relating to redevelopment of 1502 Belmont Road, with recommendation to approve proposals and convey lots per review committee's recommendation - and to accept the proposal of Troy and Jackie Peterson.
It was moved by Council Member Gershman and seconded by Council member Christensen that this recommendation be approved. Carried 6 votes affirmative.
REFER MATTER OF APPLICATIONS FOR ABATEMENT
TO FINANCE COMMITTEE AND SET DATE FOR PUBLIC
HEARING BEFORE COUNCIL
The staff report from the city assessor relating to applications for tax abatement on 12 properties owned by Grand Forks Homes, Inc., Continental Homes, Inc., Homestead Place, MDI Limited Partnership #35, Faith & Hope, LP, Housing Authority of City of Grand Forks, Terzetto Village, LLC, and Westgate Village, LP; with recommendation to refer all applications to the finance/development standby committee for study and set public hearing for January 20, 2009.
Mel Carsen, city assessor, stated this is unique situation in that they have 12 applications for tax abatement and is a complex matter and asked the council to refer it to the finance/development committee and set a public hearing in January, and that he will be working with the city attorney preparing reports and getting information to the committee.
It was moved by Council Member Christensen and seconded by Council Member Gershman that this recommendation be approved.
Council Member Kreun stated that we give veteran disability abatement on property tax. Mr. Carsen stated that veterans who have a 50% service connected disability or greater get a partial exemption on their property; that there is no annual requirement to refile every year and that his office has to keep track of those individuals, whether moving, passing away, etc. and that he is trying to get authority through the Veterans Service Office where they can give him information when requested.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No. 08-23 dated November 26, 2008, totaling $933,738.95, and Estimate Summary in the amount of $834,545.62 were presented and read.
It was moved by Council Member Gershman 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, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES NOVEMBER 17, 2008
Typewritten copies of the minutes of the city council held on Monday, November 17, 2008 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun that these minutes be approved. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Glassheim reported that he has been chosen to go to the inauguration of President Obama representing the Legislature and will also represent the City of Grand Forks. President Gershman congratulated Mr. Glassheim.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Maureen Storstad for
John M. Schmisek
City Auditor
Approved:
________________________________
Michael R. Brown, Mayor