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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 20, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 20, 2007 at the hour of 5:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7.

President Gershman 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.

President Gershman commented on various items during the past week and upcoming events:
He reminded council members to turn microphones off when not speaking as it helps viewers at home to hear.
The first meeting for stakeholders from around community to put together a 10-Year Plan to End Homelessness will be this Wednesday at 2:00 p.m. in the council chambers, that this is an effort in conjunction with Governor Hoeven's Task Force on Homelessness, Council Member Glassheim will be representing the city council.
This Thursday the Alerus Center will have the first football game and that they will be charging a fee for parking, and urged people to use shuttles or get there early as could expect some traffic jams; and wished the Sioux good luck.

ADOPT ORDINANCE NO. 4200 AMENDING THE CITY
CODE RELATING TO SITE AUTHORIZATIONS FOR
GAMING

An ordinance entitled "An ordinance amending Section 9-0404(1) of the Grand Forks City Code relating to site authorizations for gaming", which had been introduced and assed on its first reading on August 6, 2007, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.

ADOPT ORDINANCE NO. 4201 AMENDING THE CITY
CODE RELATING TO DEFINITIONS OF OFF-SALE

An ordinance entitled "An ordinance amending Sections 21-0201(7) of the Grand Forks City Code relating to definitions of off-sale", which had been introduced and passed on its first reading on August 6, 2007, was presented and read for consideration on second reading and final passage.

President Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Glassheim and Bakken. Carried 6 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. President Gershman recused. President Gershman declared the ordinance adopted.
INTRODUCE ORDINANCE AMENDING CITY CODE
RELATING TO POWERS AND DUTIES OF THE GRAND
FORKS GROWTH FUND

The staff report from the city attorney relating to ordinance amending Section 24-0104 of the Grand Forks City Code relating to powers of the Grand Forks Growth Fund, a Jobs Development Authority, with recommendation to give preliminary and final approval to the ordinance amending Section 24-0104.

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

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 24-0104 of the Grand Forks City Code relating to powers and duties of the Grand Forks Growth Fund", which was presented, read and passed on its first reading.

APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR SKATE PARK

A staff report relating to skate park relocation - land lease to Park District, with recommendation to authorize lease agreement with the Park District for the land at LaGrave Park to proceed with plans to relocate a skate park.

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

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6180, DISTRICT NO. 297

The staff report from the engineering department relating to creating special assessment district for Project No. 6180, District No. 297, for watermain on 1500 block of 16th Avenue North Circle, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, create special assessment district, and direct engineering department to prepare plans and specifications and advertise for construction bids.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9065 - Resolution.

The deputy city auditor presented and read the engineer's report on Watermain Project No. 6180, District No. 297: Document No. 9066 - Report.

Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9067 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Brooks that the recommendation be approved, and further that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND APPROVE
FINAL COST FOR SEWER PROJECT NO. 5150.2, DISTRICT
NO. 409.2

The staff report from the engineering department relating to creating special assessment district for Project No. 5150.2, District No. 409.2, storm sewer on South 38th Street (36th Avenue South to the Southend Drainway), with recommendation to approve engineer's report, create special assessment district and approve final cost.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9068 - Resolution.

The deputy city auditor presented the engineer's report for Sewer Project No. 5150.2, District No. 409.2: Document No. 9069 - Report.

It was moved by Council Member Bakken and seconded by Council Member Brooks that the recommendation be approved, and that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Brooks McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the recommendation approved and the report and resolution adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6151, DISTRICT NO. 457

The staff report from the engineering department relating to creating special assessment district for Project No. 6151, District No. 457, sanitary sewer on 1400 and 1500 blocks of North 42nd Street, 4200 - 4400 blocks of 16th Avenue North and 1500 block of 16th Avenue North Circle, with recommendation to create special assessment district, approve engineer's report, including estimate of cost, an assessment district map, and direct create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9070 - Resolution.

The deputy city auditor presented and read the engineer's report for Sewer Project No. 6151, District No. 457: Document No. 9071 - Report.

Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9072 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Brooks that the recommendation be approved, and further that we declare the intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND APPROVE
FINAL COST, SEWER PROJECT NO. 5488.2, DISTRICT NO. 418.2

The staff report from the engineering department relating to creating special assessment district for Project No. 5488.2, District No. 418.2, sanitary sewer in 1100 and 1200 blocks of 47th Avenue South, with recommendation to approve engineer's report, including estimate of cost, an assessment district map and create special assessment district and approve final cost.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9073 - Resolution.

The deputy city auditor presented and read the engineer's report on Project No. 5488.2, District No. 418.2: Document No. 9074 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Brooks that the recommendation be approved, and further that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolution adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND APPROVE
FINAL COST, PAVING PROJECT NO. 5702.1, DISTRICT NO. 607.1

The staff report from the engineering department relating to creating special assessment district for Project No. 5702.1, District No. 607.1, paving 40th Avenue South from South 20th Street to Ruemmele Road, with recommendation to approve engineer's report, including estimate of cost, an assessment district map and create special assessment district and approve final cost.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9075 - Resolution.

The deputy city auditor presented and read the engineer's report on Project No. 5702.1, District No. 607.1: Document No. 9076 - Report.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved, and further that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolution adopted.

APPROVE CHANGE ORDER NO. 2, PROJECT NO. 5727,
COLUMBIA ROAD OVERPASS REPAIRS

The staff report from the engineering department relating to Change Order No.2 for Project No. 5727, Columbia Road Overpass Repairs, with recommendation to approve Change Order No.2 for Industrial Builders in the amount of $6,690.00.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

CONCUR WITH NDDoT IN AWARD OF CONTRACT FOR
PROJECT NO. 6171, LANDSCAPE ENHANCEMENTS

The staff report from the engineering department relating to bids for construction of Project No. 6171, Landscape Enhancement on Highway 2 East of 55th Street, with recommendation to concur with the North Dakota Department of Transportation to award contract to low bidder, Strata Corporation, in the amount of $130,299.50.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 6072,
CONSTRUCTION OF YARD WASTE COLLECTION SITE

The staff report from the engineering department relating to Change Order No. 1 for Project No. 6072, concrete street repair and construct a yard waste collection site at 608 47th Avenue South, with recommendation to approve Change Order No.1, Project No. 6072, for Tony Anderson Construction in the amount of $28,940.00 to construct a yard waste collection site for the Sanitation Division of the public Works Department.

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

APPROVE LEASE AGREEMENT WITH PARK DISTRICT
FOR RIVERSIDE PARK AND KANNOWSKI PARK

The staff report from the engineering department relating to agreement with Grand Forks Park District to operate and maintain Riverside Park and Kannowski Park, with recommendation to approve lease agreement.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE BUDGET AMENDMENT, MOSQUITO FUND

The staff report from the Health Department relating to budget amendment for Mosquito Fund, to move 2007 budget from Special Revenue Fund 2160 to Enterprise Funds 5800, with recommendation to approve the budget amendments to establish Fund 5800 and increase revenue and use of cash carryover funds.

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

SET PUBLIC HEARING DATE ON SUBSTANDARD
BUILDING AT 1109 1ST AVENUE NORTH

The staff report from the Inspections Department relating to substandard dwelling at 1109 1st Avenue North, with recommendation to set public hearing for September 4, 2007, and find the dwelling to be substandard and require the owner to bring property into compliance by demolishing the dwelling.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved and that the city auditor be directed to send notice of the public hearing to the property individuals with hearing date of September 4, 2007. Carried 7 votes affirmative.

REVIEW OF SANITARY AND ABANDONED PROPERTY
ORDINANCE

The matter of a request from President Gershman for review of sanitary and abandoned property ordinance was presented to the city council. The matter was referred to the service/safety standby committee for discussion.

ACCEPT BID FOR TRACTOR BACKHOE

The staff report from the water utility department relating to tractor backhoe bids, with recommendation to accept the bid of RDO Equipment, Inc., with trade-in, for a total cost of $66,700.00.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

INTRODUCE ORDINANCE RELATING TO WATER
CONSERVATION, DROUGHT MANAGEMENT AND
DEMAND REDUCTION PLAN

A staff report from the water utility department relating to Water Utility drought Management and Demand Reduction Plan and draft ordinance, with recommendation for approval of the Plan and the ordinance.
It was moved by Council Member Brooks and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance adopting Article 7 of Chapter XV of the Grand Forks City Code relating to Water Conservation Drought Management and Demand Reduction Plan", including the month of July as the starting date, which was presented, read and passed on its first reading.

AUTHORIZE ADVERTISING CENTRAL PARKING RAMP
PAINTING

The staff report from the urban development director relating to Central Parking Ramp painting, with recommendation to approve request for proposal specifications for painting structural steel and concrete ceilings in the Central Parking Ramp and authorize staff to advertise the project.

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

TABLE FINAL APPROVAL OF REPLAT OF LOTS 2 - 8,
AND PART OF LOT 9, BLOCK 1, WALCHESTER PLACE
ADDITION

The staff report from the Planning and Zoning Commission relating to request from Urban Development Department on behalf of the City of Grand Forks for final approval of the Replat of Lots 2 through 8 and the north 10 feet of Lot 9, Block 1, Walchester Place Addition to the city of Grand Forks, ND (located in the 1500 block of Walnut Street), with recommendation to table final approval to the replat for one month.

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

TABLE REQUEST TO AMEND GRAND FORKS CITY CODE
RE. CREATION OF CONDITIONAL USE PERMIT FOR
REGULATION OF APPLICATION OF AGRICULTURAL
WASTE BY-PRODUCT AND ESTABLISHMENT OF
TEST SITES

The staff report from the Planning and Zoning Commission relating to request from the Planning Department for preliminary approval of an ordinance amending section 18-0206 A-1 Agricultural Preservation and A-2 Agricultural Urban Reserve Districts of the Grand Forks City Code relating to the creation of conditional use permits for the regulation of the application of agricultural waste/by-product and establishment of test sites; with recommendation to give preliminary approval to the ordinance and set a public hearing for September 17, 2007.

It was moved by Council Member Christensen and seconded by Council Member Kreun to table this matter. Carried 7 votes affirmative.


APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF BROWN CORPORATION SECOND ADDITION

The staff report from the Planning and Zoning Commission relating to request from Tim Brown on behalf of Ag Park, LLC for preliminary approval of the plat of Brown Corporation Second Addition (located on Merrifield Road and South 42nd Street), with recommendation to give preliminary approval to the plat, subject to conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance and set a public hearing for September 17, 2007.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of grand Forks North Dakota, to include the public rights of way shown as dedicated on the Plat of Brown Corporation Second Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE LEASE OF PROPERTY AT 6802 GATEWAY DRIVE,
FLOOD PROTECTION PROJECT

The staff report from the assistant city attorney relating to Grand Forks Flood Protection Project, lease of property at 6802 Gateway Drive to Wag N Train, with recommendation to approve the lease agreement for property located at 6802 Gateway Drive.

It was moved by Council Member Bakken and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

APPROVE BILL LISTING

Vendor Payment Listing No. 07-16, dated August 17, 2007, totaling $1,112,627.98, was presented and read.

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

APPROVE MINUTES AUGUST 6, 2007

Typewritten copies of the minutes of the city council held on Monday, August 6, 2007, were presented and read. It was moved by Council Member Brooks and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Brooks stated that he and President Gershman have met with planning regarding the salvage yards, that funding is identified and the wall will be painted (the wall is the city's and is to be maintained by the city, not the salvage yards), that he will be discussing this with Mr. Hoover for his assistance. Another issue out there is the ditch, and that is an issue with the Department of Transportation, and that staff and Gateway Drive Committee have been working on that to get that matter resolved, matter of cleanup.

He stated there seems to be a lot of flooding in the news, and has occurred in southeast Minnesota, that he has placed some calls to Eric Sorenson, city manager in Winona, MN and is waiting for some calls back from him for any assistance that we can give to them.

2) Council Member McNamara stated he wanted to encourage everybody to get out as Fighting Sioux play Thursday night; and congratulated the UND Athletic Department. Also that students are back in town and welcome home to them, and encouraged students to meet their neighbors and neighbors to meet the students.

3) Council Member Glassheim congratulated the University, they took picture with 5,000 people beginning the celebration of the 125th Anniversary, and that at 1:25 p.m. the picture was taken, and also filmed the section saying Good Morning America, and that will be shown tomorrow morning.

4) Council Member Christensen stated that this evening they tabled the beet tailings ordinance, not sure if it will come back to council as it was tabled indefinitely. There seemed to be a lot of concern in the community regarding this issue and after last Monday's meeting based upon various conversations with council persons and administration, and concluded that it would be much better that not spend a lot of time discussing this issue at this time because this could perhaps become very offensive. at some level and chose not to do anything to offend members of the community.

5) Council Member Kreun reported there was a change in the time of the service/safety committee meeting because of conflicts with the County Commission meeting tomorrow - the meeting will be held on Thursday at 4:00 p.m. and proper notifications have been given.

6) President Gershman reported that the river is quite low and that there are a number of people recreating on the river and fishing and that there are a number of logs that are exposed, and concern is that as the river level goes up they can be just below the surface and could be hazard for those in boats, and requested that the City of Grand Forks the City of East Grand Forks go to those (Coast Guard) who have jurisdiction over the river and ask them to do a cleanup of those logs from Country Club to the dam.

ADJOURN

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

Respectfully submitted,


Saroj Jerath, Deputy City Auditor
Approved:
______________________________________
Harold A. Gershman, President of City Council