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Minutes of Grand Forks City Council/Committee of the Whole
Monday, October 26, 2009 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, October 26, 2009 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; absent: none.

Mayor Brown commented on various items during the past week and upcoming events:
Reminder that this coming weekend we set our clocks back; and that our fire department would like to remind you to replace the batteries in your smoke detectors.
Request to ask council members to wear aprons next week as we will be painting bowls for the Empty Bowl Contest at St. Vincent de Paul where they auction your bowls off. The Empty Bowl event is November 16 at St. Michael's Church, St. Vincent de Paul sponsors it to raise money for the food cupboard.

2.1 Resolution authorizing the issuance and sale of 2009E Refunding Improvement Bonds, calling for the public sale thereof.
There were no comments.

2.2 Pledged Collateral Report.
There were no comments.

2.3 Approve Change Order #1 for Project No. 6363.4, Flood Damage Repair (Shadyridge Court Site)_
Dean Rau, asst. city engineer, reported there was a problem with inspection following construction, and City will pay for repair.

2.4 Bids for Project No.6420, Sign Replacement at Controlled Intersections.
There were no comments.

2.5. Matter of budget amendment for City Hall carpet replacement.
There were no comments.

2.6 Growth Fund Committee reappointment.
There were no comments.

2.7 Redevelopment of City-owned lot at 1815 N. 3rd Street.
There were no comments.

2.8 Matter of negotiations for acquisition of property. (City Council may convene in executive session pursuant to North Dakota Century Code Section 44-04-19.1 and/or 44-04-19.2 for discussion on negotiation strategies and/or instructions regarding potential acquisition of property).
Howard Swanson, city attorney, reported that if the council chooses to go into executive session for purposes of forming a strategy for negotiations and to provide the negotiator with instructions, there is legal authority to do that.

Council Member Kreun reported this matter was before our Service/Safety Committee meeting and committee thought it best to bring it to the full council to develop a strategy and to determine what members would be on the committee for negotiation and to set some parameters and guidelines along with the strategy.

Ryan Scott, 5502 70th Avenue North, stated re. land acquisitions due to the landfill, that some property has been bought out already, (section of land and right of way)and hopefully they are next as his family wants to move on and wants to be treated equally.

Mr. Kreun stated that if you look back at the 21 items that the council passed several years ago, one is issue they discussed with Mr. Scott and other individuals that if they wanted to be bought out right away would work with them or if wanted to wait to see if the landfill was going to be approved at that location, they could wait and then come forward to work with us on negotiations. Mr. Scott stated that he took the wait and see approach, that he wanted to stay on his property but that the landfill is there and are ready to move on.

Mr. Kreun stated their recommendation first would be to develop a two-person committee from the city council along with Mr. Feland and someone from the city attorney's office, and then go into strategy and guideline session.

Council Member Christensen reported on item #20; that occupied residences within 1,000 ft. of landfill are Ryan Scott; the Klein's and Steven and Susan Jose. Todd Feland, director of public works, reported that the City purchased the Klein property; that the Homstad property (building) was on the Klein property (which is now City property); that Jose's never responded and are living on their property. That several months ago Jose's called and said that they might be interested and wanted to clean up their property but has not heard back from them. There is no appraisal on the Jose property and no appraisal on the Wixo property and have had no contact with Mr. Wixo, his property is farthest from the landfill and is occupying his property.

RECESS INTO EXECUTIVE SESSION

It was moved by Council Member Bjerke and seconded by Council Member McNamara to go into executive session pursuant to North Dakota Century Code Section 44-04-19.1 and 44-04-19.2 for discussion on negotiation strategies and/or instructions regarding potential acquisition of property. Carried 7 votes affirmative.

The city council adjourned to executive session at 5:45 p.m.

COUNCIL RECONVENES FOLLOWING EXECUTIVE
SESSION

The city council reconvened at 6:50 p.m. in regular session after the executive session with all members of the council that participated in executive session present: Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7.

Council Member Gershman, president of the city council, recommended the nomination of Council Members Christensen and Glassheim as the negotiating team; and that Mr. Swanson's office and council members can decide how they proceed; and further that notifications would go through Mr. Feland.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
City Auditor