City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 3, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 3, 2010 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, Kreun - 7; absent: none.

City department heads led the city council in the pledge of allegiance to the flag.

Mayor Brown commented on various items during the past week and upcoming events:
This weekend was the weekend of Big Event, UND students had positive effect, and this is the season where classes are ending and some are graduating, and wish students the best.
Congratulations to Ideal Aerosmith for their expansion in the community, the Governor and many others were there on Wednesday, and especially proud of the work of the Economic Development Corporation with Klaus Thiessen and Keith Lund putting the details together that helped make this expansion possible.
This is Spring Cleanup Week in Grand Forks, Tuesday through Friday for trash pickup, get your garbage out for proper disposal, electronic recycling went very well on Saturday, and thanks to Public Works crews for their service.
The new meeting schedule for council committees starts this week, have demonstration set up for committees down front and requested feedback from members on how this layout will work; they are going paperless and no longer will get a paper copy of the agenda information, computers can be picked up at the Public Information Center.

ADOPT RESOLUTION OF VACATION OF PORTION
OF STREET RIGHT OF WAY IN BLOCK 30, HOLES
CENTRAL ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 7 1/2 ft. wide strip of South 12th Street right-of-way adjacent to Lots 13 through 21, Block 30 of Holes Central Addition to the city of Grand Forks, ND, being the Grand Forks Curling Club located at 1123 7th Avenue South, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with her office.

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

It was moved by Council Member Bakken and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and introduced a resolution of vacation, which was presented and read: Document No. 9265 - Resolution. Carried 7 votes affirmative.

INTRODUCE NEW PSAP DIRECTOR

Capt. Kirby, chair of the Grand Forks County 911 Authority Board, introduced Rebecca Ault who has been selected to serve as the director of the Public Safety Answering Point, effective June 1, 2010. He noted that Ms. Ault is currently serving as the NE Regional Coordinator for the ND Department of Emergency Services and has prior service as the director of the Pembina County Emergency Management 911 Facility.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING SALE OF SANITATION RESERVE
REVENUE REFUNDING BONDS, SERIES 2010A

The staff report from the city auditor relating to $2,745,000 Sanitation Reserve Revenue Refunding bonds, Series 2010-A, with recommendation to award the sale of 2010-A Sanitation Reserve Revenue Bonds and pass Resolution authorizing the issuance and awarding the sale of Sanitation Reserve Revenue Refunding Bonds, Series 2010-A.

Paul Steinman, Springsted Incorporated, reported that this morning they took competitive bids on the sale of $2,745,000 of Sanitation Reserve Revenue Refunding Bonds, 6 bidders and the winning bidder was Robert W. Baird & Company with an offer to purchase these bonds at a true interest rate of 2.73%. He stated their estimate and presentation several weeks ago was 2.9% and this bid significantly better than that. The offer came with a re-offering premium and bonds were re-sized downward from $2,745,000 to $2,635,000, bid resulting in a net present value savings of $431,000, which is significantly good refunding.
He also noted that the credit rating agency, Moody's, have been going through a recalibration, not an upgrade, of their credit ratings; and Grand Forks was officially recalibrated from a Aa3 to a Aa2. That applies to these bonds that were just sold, Moody's had originally rated them Aa3 but today Aa2. The 2008C Sewer Bonds were recalibrated from an A1 to a Aa3 and the same applies to the Alerus sales tax bonds; the dike sales tax bonds are recalibrated to a Aa2 - that it means a lot moving forward for bonds that have been recalibrated that are already outstanding and really no impact but that it is good news for those that were recalibrated by one notch and that will manifest itself in better interest rates in the future. He stated their recommendation is to award the bid to Robert W. Baird & Company.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

The city auditor reported that 6 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Officials Terms of Offering for the Bonds, and the bids were then opened and publicly read and considered, and were all found to conform to the Officials Terms of Offering and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: (Attachment)

Council Member Gershman introduced the following resolution and moved its adoption, which motion was seconded by Council Member Glassheim: Document No. 9267 - Resolution Authorizing the Issuance and Awarding the Sale of Sanitation Reserve Revenue Refunding bonds, Series 2010A.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO BUILDINGS
AT VARIOUS LOCATIONS
The staff report from the city assessor relating to application for exemption of remodeling improvements to commercial and residential buildings at 1320 6th Avenue North, 401 18th Avenue South and 705 North 3rd Street, with recommendation to grant exemption of increased value for 3 years.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

ADOPT RESOLUTION GRANTING CONSENT TO
MIDCONTINENT COMMUNICATIONS CONVEYANCE

The staff report from the city administrator relating to Midcontinent Cable Television franchise, with recommendation to adopt the resolution granting consent to the Midcontinent Communications conveyance.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved, and that the resolution be introduced and adopted - Document No. 9266, Resolution. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE ELECTION OFFICIALS AND POLLING
HOURS FOR 2010 PRIMARY ELECTION

The staff report from the Mayor's Office relating to approval of election officials (inspectors) and polling hours of 7:00 a.m. to 7:00 p.m. for the June 8, 2010 primary election, with recommendation to approve the election officials and the polling hours.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

ADOPT BUDGET AMENDMENT AND TEMPORARY
FINANCING FOR PROJECT NO. 6594, POLICE BUILDING
ADDITION FOR PSAP EXPANSION

The staff report from the PSAP Interim director and the engineering department relating to budget amendment and temporary financing for Project No. 6594, Police Building Addition for PSAP Expansion, with recommendation to approve the budget amendment in the amount of $2,125,000; and approve financing internally of $625,000 budget shortfall from Water Fund Construction Cash with payback through 911 fee collection over a 5 to 7 year period and at a rate of 3% interest with accelerated payback if budget allows.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. 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.

APPROVE ARCHITECTURAL SERVICES AGREEMENT
FOR PROJECT NO. 6594, POLICE BUILDING ADDITION
FOR PSAP EXPANSION

The staff report from the PSAP interim director and the engineering department relating to Architectural Services Agreement for Project No. 6594, Police Building Addition for PSAP Expansion, with recommendation to approve agreement with ICON Architectural Group for Design, Bidding, and Construction Administration Services in the amount of $117,500 for Project No. 6594, Police Building Addition for PSAP Expansion.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. 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.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 6584, DISTRICT NO. 183

The staff report from the engineering department relating to creating special assessment district for Project No. 6584, District No. 183, street lighting on 6th Avenue North (North 53rd to North 55th Street), with recommendation to create the assessment district, approve the 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 Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 9268 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 6584, District No. 183: Document No. 9269 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 9270 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 6584, District No. 183, be accepted and adopted. 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 and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 6595, DISTRICT NO. 644

The staff report from the engineering department relating to creating special assessment district for Project No. 6595, District No. 644, north 36th Street paving extension, with recommendation to create the assessment district, approve the 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 Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 9271 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6595, District No. 644: Document No. 9272 - Report.

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 9273 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6595, District No. 644, be accepted and adopted. 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 and the report and resolutions adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6484, DISTRICT NO. 643

The city engineer's estimate of total cost of the construction of paving reconstruction on South 18th Street from 24th Avenue South to 28th Avenue South in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6484, Paving District No. 643, South 18th Street reconstruction from 24th Avenue South to 28th Avenue South, 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 Gershman introduced the following resolution which was presented and read: Document No. 9274 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

AWARD CONTRACT FOR PROJECT NO. 6520, 2010
WATERMAIN REPLACEMENT PROJECT

The staff report from the engineering department relating to consideration of bids for Project no. 6520, 2010 Watermain Replacement Project, with recommendation to award contract to low bidder, United Crane and Excavation, Inc. in the amount of $427,463.00 for this project.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. 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 and the contract awarded.

APPROVE RECOMMENDED CHANGES IN SPEED
LIMITS IN VARIOUS AREAS

The staff report from the city traffic engineer relating to speed zone review and approval various areas of the city, with recommendation to review and approve recommended changes in speed limits.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE SOLE SOURCE PURCHASE FOR EQUIPMENT
FOR POLICE DEPARTMENT

The staff report from the police department relating tactical communications unit specifications and sole source request, with recommendation to approve specifications and sole source purchase of two base tactical communication units with accessories and shipping, total cost of $7,724.00.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE SPECIFICATIONS AND SOLE SOURCE
PURCHASE OF EQUIPMENT FOR SQUAD CARS

The staff report from the police department relating to equipment for squad cars and sole source request, with recommendation for approval of specifications and sole source purchase of additional squad car equipment and installation in the amounts of $12,198.00 and $6755.86 and remaining equipment under the $2,500 limit.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE CONTRACTS FOR PUBLIC WORKS FACILITY
RENEWAL PROJECT No. 6572 AND BUDGET AMENDMENT

The staff report from the director of public works relating to Public Works Facility Renewal Project, No. 6572, Construction Bids, Construction Administration Services Authorization and associated budget amendment, with recommendation to approve project construction as follows: JP Structures, Inc. for general construction in the amount of $1,172,400.00; C.L.Linfoot for mechanical construction in the amount of $232,321.00; and Bergstrom Electric for electrical construction in the amount of $231,200.00; authorize the construction administration services with EAPC in the amount of $25,000; total project bid of $1,636,021.00; and approve the funding plan and associated budget amendment relating to the project.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. 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.

AUTHORIZE STAFF TO PROCEED WITH ADVERTISING
FOR BIDS TO REPAIR NOAH'S ARK BUILDING

The staff report from the director of urban development relating to repairs to 1550 South 48th Street (Noah's Ark Building), with recommendation to authorize staff to proceed with advertising for bid to replace leaking windows, and to replace joint caulking and seal exterior wall penetrations at the Noah's Ark Building.

Council Member Christensen stated that there was to be a report that was to be provided re. the impact of this project on Fund 5996, which is the money the Growth Fund has available for transaction deals, that the report is not ready but will have the report at the finance committee meeting and brought back to council within two weeks. This is $400,000 project and funding from 5996, and that money will not be available for future deals.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

2010 CDBG PROGRAMS

The staff report from the director of urban development, relating to 2010 CDBG Program, with recommendation that following a 30-day public comment period and public hearing to be held on June 7, revise the 2010 Annual Action Plan as detailed in the staff report.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

AWARD FLOOD CLEANUP AND DEBRIS REMOVAL
PROJECT IN GREENWAY, PROJECT NO. 6530

The staff report from the environmental compliance/greenway manager relating to 2010 Flood Cleanup and Debris Removal in the Greenway, with recommendation to award the cleanup project to the low bidder, J & G Landscaping, Inc. in the amount of $19,785.00 (Project No. 6530).

Melanie Parvey reported this item was originally on the April 19 agenda before council and the decision was to pull the item at that time because when opened the bids on that day, realized the wording wasn't clear re. bid bond requirement, and bids were rejected and was rebid. Bids were opened this past Friday and are asking council to award the low bid.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

REJECT BIDS FOR PROJECT NO. 6339, BUS GARAGE
PAVEMENT REPLACEMENT
The staff report from the engineering department relating to rejection of bids for construction of Project No. 6339, Bus Garage Pavement Replacement, with recommendation to reject all bids for Project No. 6339.

Todd Feland, director of public works, reported the project will be completed in 2010, and rejection of bids due to bid advertisement and bid package not conforming to City and State Disadvantaged Business Enterprise (DBE) standards; and project will be rebid.

It was moved by Council Member Bjerke and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 10-09, dated April 29, 2010, totaling $1,740,820.51and Estimate Summary dated April 30, 2010 in the amount of $234,633.66, were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Glassheim 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, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES APRIL 19, 2010

Typewritten copies of the minutes of the city council held on Monday, April 19, 2010 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 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke asked if going with computers, if that includes committee meetings, that Service/Safety and Finance/Development next will be computer only, and the budget. Mayor stated may have both for the budget.

2) Council Member McNamara asked for a brief overview of Springfest. Chief Packett reported that staff has worked with Park District and vendor this year, have had 3 meetings and appears that the event has been well organized by the vendor, and with the exception of the footprint of the beer garden area being slightly larger this year but will be similar to what they have done in the past. The Police Department, UND Police, Sheriff's Office and Highway Patrol met and put together an action plan where they will have a command post set up and a processing center similar to year's past, and at this point envisions a smooth event with no problems. If citizens in the area have questions/concerns/problems adjacent to the event, to please call PSAP Center or administrative numbers and will get officers out there right away, will have people on foot, on ATV's, and walking in pairs and squad car approach and thinks they have the event pretty well covered.

3) Council Member Christensen stated we have the second letter from the MPO re. MN/4th Ave.S., and MPO would like some action as what the City is going to do re. 4th Ave.S., that the Sorlie Bridge is scheduled to be closed in 2014 or 2015 for 18 months, and should think where put this project in CIP because don't want that road to be in as bad shape as it is if expect to have a lot of traffic over that area for 18 months. He asked Mr. Grasser if they could have a report on this when do budgeting and when 4th Ave.S. will be in the CIP. Mr. Grasser stated he is working on a report to bring to Service/Safety next week, as they have some choices to make in the long range planning.

4) Council Member Kreun stated that some of the issues they might be encountering in Service/Safety on that issue is the funding mechanism that would be used, nothing has been brought forward by the Historical Society and under those guidelines there is huge amount of extra engineering or pre-engineering costs, however, don't want to go through additional costs of pre-engineering so those are some of the issues that will be discussing at Service/Safety, not saying that the road shouldn't be repaired, probably should, but will depend on funding and our ability to pay for those engineering costs and how much we want to put in without knowing if it is going to be resurfaced in normal manner or in historic manner.

5) Council Member Gershman stated that he would recommend special attention to city lot maintenance, over summer weeds grow and lots gets dirty and neighbors are commenting - also there are a few lights out on the outside of the Corporate Center and maybe check lights in parking lots, etc. Mayor Brown stated they are planning to be spraying early in the year to knock weeds down.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Bakken that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,

Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor