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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 22, 2009

The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, June 22, 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, Gershman, Christensen, Bakken (teleconference) , Kreun - 7; 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.

AWARD BIDS FOR PROJECT NO. 6303, RECONSTRUCTION
OF PORTION OF ENGLISH COULEE SHARED USE PATH

The staff report from the engineering department relating to bids for Project No. 6303, reconstruction of English Coulee Shared Use Path from 24th to 17th Avenues South, with recommendation to award contract to low bidder, Strata Corporation, in the amount of $258,614.36 for Project No. 6303, and revise the Joint Powers Agreement for the City to contribute an additional $30,000 from Fund 4108 Bikeway Capitol Projects to fund a portion of the local cost share of this project, and authorize proper City officials to sign the revised agreement.

Council Member Gershman moved that we approve the recommendation and further offer a loan of $30,000 payable over three (3) years at 2% interest to the Park District to facilitate their cash flow for the bike path. Council Member Christensen seconded the motion.

Council Member Glassheim moved an amendment to the motion that we adopt the recommendation of the finance committee to amend the agreement and provide $30,000 to split the difference of the increased cost with the Park District. Council Member Kreun seconded the motion.

There were comments by Council Member Glassheim that this is part of the bikeway system and is under the control and obligation of the Park District, that the bids were $60,000 over the amount which the Park District believed it was going to be responsible for when they signed the agreement, that we have $100,000 in our Bikeway Maintenance Fund with about $65,000 committed to another project this year, that this is the most damaged section of the entire city-wide bikeway and makes sense for us to participate in the increase in the cost over projections and the expectations of the Park District, and hope we could support splitting the difference with the Park Distinct on something that is part of an overall city-wide bikeway project.

Council Member Gershman stated that in trying to be consistent - at last meeting we had an issue where the Airport Authority was $13,000 short on the grant we had for TSA, that a motion that the Airport Authority pay the $13,000 was approved unanimously, that he wants the bikepath project to go forward and that is why suggested a loan, but if Council Member Glassheim's motion prevails, he will move to reconsider the $13,000 and have the City pay that for the Airport so can be consistent.

Mr. Grasser stated that in either one of these motions they would require revision to the Joint Powers Agreement and authorize the proper City officials to execute that agreement. Council Member Glassheim and Council Member Gershman stated that would be part of their motions.
Council Member McNamara stated that the Park District has two small stretches of bikepath that they maintain while the City maintains everything else, and his question is that Mr. Staley and Mr. Hutchison said that they have the reserves to cover that and doesn't see the need for us to participate and will vote in favor of Mr. Gershman's motion.

It was reported by Council Member Christensen that at the finance committee meeting the president of the Park District said they would build this bikepath with or without our support, they recognized their obligations under the agreement and have the money to do it, and whatever money we would be willing to give them would be nice - that is where it sits and the right thing is for us to take care of all the bikepaths that we are responsible for and the Park District be responsible for their bikepaths and will vote in favor of Mr. Gershman's motion. .

Mr. Grasser stated that everybody was in agreement that the project needs to move forward, it is a critical piece of bikepath in the community and have a federal obligation which we may not ever get again and that the Park District when they met in their special session on Thursday reiterated that the fact in their motion that they would recommend approval but wanted to support recommendation that came out of finance to have financial assistance but that everybody is in agreement that the project will move forward but question whether the City will participate or not.

The whole matter had to do with the change in expectations as stated by Council Member Glassheim. That we have a fund for bikeway maintenance and set aside $100,000 every year and although there are improvements to be made, there were no other serious jobs to be done this year and seemed could afford it and take it from an appropriate place for the bikeway and assist the Park District. It was clear in the finance committee that they weren't interested in a loan but were appreciative of our taking half of the extra burden that was unanticipated but if not going to do that, no point in passing Mr. Gershman's motion but just accept the bids and go forward from there.

Council Member Christensen called for the question.

Upon call for the question on the motion by Council Member Glassheim to amend and upon roll call the following voted "aye": Council Members Glassheim, Bakken, Kreun - 3; and the following voted "nay": Council Members Bjerke, McNamara, Gershman, Christensen - 4. Mayor Brown declared the motion failed.

Upon call for the question on the motion by Council Member Gershman and upon roll call, the following voted "aye": Council Members Bjerke, McNamara, Gershman, Christensen, Kreun - 5; and the following voted "nay": Council Members Glassheim, Bakken -3. Mayor Brown declared the motion carried.

COMMENTS BY MAYOR AND COUNCIL

Council Member Christensen stated in the interest of cooperation, we have several projects that are being proposed in this community: 1) the Library - doesn't think the Library has a lot of reserves nor does the Library have the ability to generate a lot of revenue and requests that the Library Board ask the city auditor to put into the City's budget, funded out of 2163, Economic Development Funds, $40,000 so that the Library Board would have funds to hire a consultant to help with the planning process; 2) Wellness Center being discussed by Park Board and various committees, that it might be stretch for the Park District to go forward with the project without support, and suggested several times that should be a community project, but is something this community and all governmental entities should discuss; 3) that we have joint meetings where people from Mayor's staff, Park District, School District and should begin the conversation about a Library and that it be a joint governmental facility for this community. Those are public projects that we should get the council behind and move forward within the next 18 to 24 months.

MATTER OF NEGOTIATION FOR ACQUISITION OF
PROPERTY AND MOVE INTO EXECUTIVE SESSION

Howard Swanson, city attorney, stated that there have been additional negotiations and drafting of documents with various modifications, and are prepared to make report to the council. He stated if they would like to go into executive sessions have authority to do that under NDCC Section 44-04-19.1 and 44-04-19.2 or if want to discuss otherwise they are prepared for that as well.

It was moved by Council Member Gershman and seconded by Council Member Glassheim 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 7 votes affirmative. Time was 6:29 p.m.

RECONVENE FOLLOWING EXECUTIVE SESSION
APPROVE ACQUISIITON OF PROPERTY IN SECTION 13
GRAND FORKS COUNTY

The city council reconvened at 6:48 p.m. following executive session with all members present.

Mr. Swanson reported the city council is back in open session and based upon our discussion as he indicated during executive session, have reached a point in negotiations where the final documents acceptable to both parties are before you, and recommended the appropriate motion

It was moved by Council Member Kreun and seconded by Council Member Bjerke to authorize the proper City officials to execute the Easement and Purchase Agreement, as well as the Agreement to Sell and Convey Land, for the acquisition of property in Section 13, Township 152 North, Grand Forks County Range 50 West, under the terms set forth in those documents.

Mr. Swanson reported that this is the landfill property and are still continuing efforts for acquisition of right of way for roadway improvements and infrastructure improvements to the landfill.

Upon call for the question and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

Thanks and appreciation were given to Council Member Christensen for his work on this matter and Council Member Kreun by Mr. Feland; and Council Member Glassheim thanked Todd Feland for diligent work and keeping it together under adverse circumstances.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Gershman that we adjourn.
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Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
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Michael R. Brown, Mayor