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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 4, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 4, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown introduced the 4th grade class from Ben Franklin School who 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 events and upcoming events:

1) Congratulations to the Forks Curling Classic organizers of a great tournament this weekend.
2) Congratulations to Deb Swanson who was selected as a Robert Wood Johnson Executive Nurse Fellow, this is part of an advanced leadership program for nurses in senior executive roles that are aspiring to lead and shape the US health care system of the future.
3) The City received a hard copy of an award that the Greenway staff and Greenways, Inc. won earlier this year and will be placed in the front display case in City Hall.
4) Flu shots were available through the flu-shot clinic this weekend through the Public Works and thanks to Grand Forks Immunization Coalition who helped make it possible.
5) He stated to promote an event sponsored by "The Answer" and Altru at the Engelstad Arena on November 18 featuring Dale Brown, a North Dakota native and former LSU coach, who was Shaquille O'Neal's coach and displayed one of Shaq's shoes (size 22).
6) Next week's committee of the whole meeting will take place on Tuesday, due to observance of Veterans Day on November 11.
7) He urged everyone to get out and vote, polling hours are from 7am to 8pm.

FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, reported they have a number of different sections under construction and design.
Corps of Engineers - Phase III - Stanley Consultants working in Lincoln golf course area - making ready for next year's flood. Swanberg Construction working on pump stations in Phase I and expects to pour slab this month. Nodak Contracting, Phase I levee contractor, is continuing work on pumps and retaining walls. Gowan Construction working on English Coulee Diversion Channel from 55th to 69th Street, completed Highway 2 and pavement completed on Highway 81. Gordon Construction completing demolition of the 2.5 mg water storage tank on 3rd Street. Dawson Welding awarded bid to demolish three foundations and former wastewater treatment plant and garage on Mill Road. He noted that on City's consultant update that Michel's has completed installation of two 30" lines to Red Lake River and one 36" line to the Red River; Construction Engineers is driving sheet pile on Red Lake River in preparation for installing intake screen on the riverbed. ICS is continuing working on cleanup in Lincoln area; and that Construction Engineers and Sampson Electric have been awarded contracts for Part A of the residuals pumping station at the water plant. He also noted that work going on all winter on lines and getting pumps installed but not a lot of levee going on. Financial updates are done on a quarterly basis.
In answer to several questions relating to appraisals, Mr. Swanson reported that appraisals ordered by Corps of Engineers, he hasn't received appraisals but believes he will receive shortly - not sure what steps taken - and that those on Northridge Hills out of the City's hands. Council Member Christensen asked if the City does litigation on those properties - Mr. Swanson stated if have funding and not seeking to be reimbursed by the Corps of Engineers. Council Member Christensen noted that people caught in bureaucratic struggle and we have ability to decide what to pay whether enhancement and is something we can deal with rather than waiting for the Corps, hopes to expedite this as we have to do something since we can't get this issue addressed. Mr. Swanson stated problem is Corps of Engineers has taken over the acquisition of this property and we don't have any ability to order appraisals and not even entitled to receive appraisals; no control over what Corps of Engineers does, that with City doing appraisals, we can do that - can authorize his office to proceed funding.

Melanie Parvey-Biby, greenway coordinator, reported on several events that will be taking place in the greenway - 4th Annual Veterans Day Race on November 11 starting at 11:00 a.m. at the Lincoln Golf Course Clubhouse, participants from Fargo and Canada as well as local; event hosted by Grand Forks AFB, GOALS Committee of the Park District, VFW and the Red Cross. Christmas in the Park with over 40 holiday lighting displays by number of businesses - starting November 29 to December 31, 2002 from 6:00 p.m. to 9:00 p.m.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE
NO. 3951, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF WHEATLAND ACRES SECOND SUBDIVISION

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 Wheatland Acres Second Subdivision, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on September 16, 2002 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of John Drees for final approval of the plat of Wheatland Acres Second Subdivision, Grand Forks, North Dakota, being a part of the South Half of the Southwest Quarter of Section 33, Township 151 North, Range 50 West of the 5th Principal Meridian, including variances to the Land Development Code, Section 18-0907(2)(B) length of cul-de-sac and Section 18-09078(2)(L) access to principal arterial streets (located north of the Merrifield Road (a.k.a. County Highway No. 6, County 911 street name of 12th Avenue Northeast and city street extension of 76th Avenue South) between South 34th Street and South Columbia Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan and including variances to the Land Development Code.

Council Member Kreun reported that he had talked with individuals and explained consideration taking place with the LeClerc's problem, and moved to approve the recommendation, seconded by Council Member Kerian. Carried 7 votes affirmative.

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

ADOPT ORDINANCE NO. 3952, TECHNICAL CORRECTIONS
ORDINANCE AMENDING CHAPTERS 8 AND 9 OF THE
CITY CODE RELATING TO TRAFFIC AND MOTOR VEHICLE
OFFENSES AND MISCELLANEOUS PROVISIONS

An ordinance entitled "A technical code correction ordinance amending Chapters 8 and 9 of the Grand Forks City Code relating to traffic and motor vehicles offenses and miscellaneous provisions", which had been introduced and passed on its first reading on October 21, 2002, was presented and read for consideration on second reading.

Howard Swanson, city attorney, reported he had distributed a redraft of the ordinance which included
minor changes from what originally introduced; that they renumbered one of the sections with regard to the offense of displace of false license, that moves it from non-criminal to criminal offenses; that he separated the offenses of exhibition driving and racing in two separate sections ; and modified offenses for parking in city-owed or operated lots, and there were typographical and grammatical errors that were corrected and recommended that the council amend the ordinance as introduced to approve changes as recommended by the city attorney's office.

It was moved by Council Member Kerian and seconded by Council Member Christensen to amend the ordinance as recommended by the city attorney.

Council Member Gershman asked to be recused from voting on the ordinance, and it was so moved by Council Member Glassheim and seconded by Council Member Hamerlik. Carried 6 votes affirmative.

Upon call for the question on the motion to amend the ordinance and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused from voting.

Council Member Glassheim noted a typo on page 5, Section 8-1503 "...any person violating any "of" the provisions...rather than "or"' and questioned Section 8-0311 requirement of duty of police department to investigate accidents, injury or death for over $1,000 has been deleted. Mr. Swanson stated he removed it as obligation or affirmative duty on the part of the police department, it is not required under State law and is handled in the department in their policies and operations manual, and perceives that as an operational direction for the department as to when they need to investigate as opposed to placing it as an affirmative duty in our Code.

Council Member Glassheim also questioned former section 8 - removal of the fine for child restraint systems; Mr. Swanson stated that is action by the State Legislature that removed the ability of a municipality to enforce child restraint violations.

Council Member Hamerlik stated concern relative to Section 8-0201 under No. 2 - where the court may order removal of license plates, need stricter enforcement but person imposing penalty may not recognize the word "may" and if only one vehicle, family might be punished if license plates removed from the only vehicle they have - not concerned with punishment of individual but concerned about the family. Mr. Swanson stated that change was required by State law and included here so that the City Code is harmonized with the State law provisions.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call the following voted "aye": Council Members, Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": none; Council Member Gershman recused from voting. Mayor Brown declared the ordinance adopted.

CLOSE PUBLIC COMMENT PERIOD, HOLD PUBLIC
HEARING AND APPROVE FUNDING RECOMMENDATIONS
FOR 2003 CDBG PROGRAM AND APPROVE 2003 CDBG
ANNUAL ACTION PLAN

The city auditor reported that the public hearing and 30-day public comment period on the City's Annual Action Plan (CDBG application) which had begun on September 23, 2002 was before the council for review of public comments and final action.

The staff report from, the acting director of the Office of Urban Development relating to the 2003 CDBG funding, with recommendation to close the public comment period, hold public hearing, approve funding recommendations as amended for 2003 CDBG Program and approve 2003 CDBG Annual Action Plan. (Document No. 8214 - 2003 CDBG Funding Recommendations).

Mayor Brown called for the public hearing. There were no comments and public hearing was closed.

It was moved by Council Member Kreun and seconded by Council Member Kerian that the recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING FROM 1707 LEWIS BLVD. TO 1611
AND 1613 4TH AVENUE NORTH

The city auditor reported that the notice of public hearing on the application by Galen Schmidt to move a single-family home from 1707 Lewis Blvd. to 1611 and 1613 4th Avenue North to be used as a duplex, had been published and posted as required.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the building and zoning administrator relating to application for moving permit to move single family home to be converted to be used as a duplex from 1707 Lewis Blvd. to 1611 and 1613 4th Avenue North, with recommendation to approve the moving permit.

It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be and is hereby approved, and further that Mr. Schmidt be and is hereby authorized to move the building subject to meeting any conditions established. Carried 7 votes affirmative.

ADOPT RESOLUTION AUTHORIZING BOND SALE FOR
REFUNDING IMPROVEMENT BONDS, SERIES 2002F

The staff report from the director of finance and administrative services relating to authorizing the call for bids and setting sale date for $1,370,000 Refunding Improvement Bonds, Series 2002F, with recommendation to adopt resolution relating to $1,370,000 Refunding Improvement Bonds, Series 2002F, call for the public sale thereof.

Council Member Kreun introduced the following resolution and moved its adoption (Resolution relating to $1,370,000 Refunding Improvement Bonds, Series 2002F; Calling for the Public Sale Thereof): Document No. 8215 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Glassheim and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION AUTHORIZING BOND SALE FOR
GENERAL OBLIGATION DIKE BONDS, SERIES 2002G

The staff report from the director of finance and administrative services relating to authorizing the call for bids and setting sale date for $3,750,000 General Obligation Dike Bonds, Series 2002G, with recommendation to adopt resolution relating to $3,750,000 General Obligation Dike Bonds, Series 2002G; calling for the public sale thereof.

Council Member Kreun introduced the following resolution and moved its adoption (Resolution relating to General Obligation Dike Bonds, Series 2002G; Calling for the Public Sale Thereof): Document No. 8216 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Glassheim and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

ADOPT RESOLUTION AUTHORIZING BOND SALE
FOR SALES TAX RESERVE REVENUE BONDS, SERIES
2002H (DIKE IMPROVEMENTS)

The staff report from the director of finance and administrative services relating to authorizing the call for bids and setting sale date for $6,490,000 Sales Tax Reserve Revenue Bonds, Series 2002H (Dike Improvement), with recommendation to adopt resolution relating to Sales Tax Reserve Revenue Bonds, Series 2002H; calling for the public sale thereof.
Council Member Kreun introduced the following resolution and moved its adoption (Resolution relating to Sales Tax Reserve Revenue Bonds, Series 2002H; Calling for the Public Sale Thereof): Document No. 8217 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Glassheim and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.

APPROVE JOB DESCRIPTIONS

The staff report from the director of human resources relating to job description approval, with recommendation to approve job descriptions for the following council approved and budgeted 2002 positions: accounting specialist, human resources generalist and equipment maintenance technician.

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

APPROVE APPOINTMENT TO BOARD OF ADJUSTMENTS

The staff report from Mayor Brown relating to an appointment to the Grand Forks City Board of Adjustments, with recommendation to confirm appointment of Mr. Mark Peterson as one of the Members of the Grand Forks City Board of Adjustments.

It was moved by Council Member Kreun and seconded by Council Member Glassheim to confirm the appointment of Mark Peterson to fill the vacancy on the Board of Adjustments. Carried 7 votes affirmative.

APPROVE TEMPORARY CONSTRUCTION EASEMENT
FOR PROJECT NO. 5378, OVERLAY OF HIGHWAY 81
FROM GATEWAY DRIVE TO I-29

The staff report from the engineering department relating to temporary construction easement for City Project No. 5378, Overlay of Highway 81 from Gateway Drive to I-29, with recommendation to approve temporary construction easement with the North Dakota Department of Transportation in the amount of $1.00.

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

AWARD CONTRACT FOR PROJECT NO. 5387, INERT
LANDFILL SITE DEVELOPMENT

The staff report from the engineering department relating to bids for City Project No. 5387, Inert Landfill Site Development, with recommendation to award contract to Naastad Bros., Inc. in the amount of $248,217.10.

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

AUTHORIZE MEMBERSHIP IN "THE ANSWER" AND
ADOPT RESOLUTION OF SUPPORT

The staff report from the Mayor's Office relating to the City's membership in "The Answer", with recommendation to submit registration form for "The Answer" and adopt resolution of support.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and that the resolution of support be adopted. Carried 7 votes affirmative.

REQUEST PLANNING & ZONING TO FORM COMMITTEE
TO RECOMMEND DETAILED LANGUAGE TO ESTABLISH
HIGHWAY 2 CORRIDOR DESIGN BEAUTIFICATION PROCESS

The staff report from the Planning Department relating to establishment of a design review corridor along Gateway Drive (U.S. #2) and establishment of a Gateway Drive design review board, with recommendation to discuss the establishment of a design review corridor along Gateway Drive (U.S. #1) and the establishment of a Gateway Drive design review board and provide guidance to staff on whether or not to proceed with their establishment.

Council Member Gershman stated he didn't want to rush into this, membership premature and suggested requesting that a committee be formed through Planning and Zoning to develop criteria; that council, Planning and Zoning, citizens and businesses in region want to beautify that area but don't want to tell everyone what they want place to look like.

Council Member Kreun stated that can be accomplished through the process of having public hearings and public input and recommendation through this body, and supported the suggestion that this go back to Planning and Zoning. Council Members Brooks and Christensen also supported the general consensus that this go back to Planning and Zoning.

Mr. Swanson stated intent was to stimulate discussion and was to refer back to Planning and Zoning, draft not ready for adoption, this was preliminary and if wish to proceed in this direction, it will require other modifications of the zoning code to incorporate such a body and whatever comes out will have to be approved by this body.

It was moved by Council Member Glassheim and seconded by Council Member Brooks to request Planning and Zoning to form a committee to recommend detailed language establishing a Highway 2 corridor design and beautification process. Carried 7 votes affirmative.

RECEIVE AND FILE REPORT RELATING TO BRICK
MAILBOX STRUCTURES IN CITY RIGHT-OF-WAY

The staff report from the engineering department relating to brick mailbox structures in right-of-way, with recommendation to receive and file staff report.
It was moved by Council Member Kerian and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

APPROVE AMENDMENT NO. 23 FOR IN-KIND SURVEY
SERVICES FOR PROJECTS NOS. 4814, 4815, 4816.1 AND 4817

The staff report from the engineering department relating to Amendment No. 23 to Greater Forks Engineering Group for In-Kind Survey Services, Projects Nos. 4814, 4815, 4816.1 and 4817, with recommendation for approval of Contract Amendment 23 for professional services with the Greater Forks Engineering Group regarding in-kind survey services relating to property and right of way acquisition for construction of the United States Corps of Engineers flood protection system for the city of Grand Forks.

Council Member Brooks noted that the Greater Forks Engineering Group set up after the flood and asked when revisit that group. Mr. Grasser stated he was not sure of the plans for that group, when flood project selected engineer, they did follow through during flood protection project and this is continuation of large project which they joint ventured.

Council Member Kerian commended engineering and engineering group with a reasonable settlement for the citizens, and appreciates the work done.

Council Member Christensen stated as part of next flood protection report how many projects still outstanding with this group and if there are plans to disband this group, had need for it at one time and perhaps better bang for the buck with bidding on these projects, concerned with fact that all engineering groups together and no bidding but fee split up. Mr. Grasser stated they selected this group to do the work associated with flood protection project in several different areas (land surveying, sewer, water, etc.) and to honor that commitment and carry on and only associated with food protection project. Council Member Christensen stated not suggesting what laid in place 2 - 3 years ago but taking look at it, now in recession, less work to be done and less competition.

It was moved by Council Member Kreun and seconded by Council Member Kerian to approve the recommendation. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

ADOPT RESOLUTION DELEGATING APPROVAL
OF BUDGET AMENDMENTS BY DIRECTOR OF
FINANCE IN AMOUNTS LESS THAN $30,000

The staff report from the administrative coordinator relating to the resolution delegating approval of budget amendments, with recommendation to adopt the resolution delegating approval of budget amendments.

Council Member Brooks introduced the resolution authorizing the director of finance and administration to approve amendments to the annual budget for new and/or unanticipated revenues and other budget amendments in an amount less than $30,000: Document No. 8218 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman to approve the recommendation and adopt the resolution. Carried 7 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARIES

Vendor Payment Listing No. 02-21dated November 4, 2002, totaling $$965,449.29 and estimate summaries: Flood Estimate $3,475.00 and Regular Estimates of $6,077,788.83, were presented and read.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that the 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 Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.

APPROVE MINIUTES OCTOBER 21, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, October 21, 2002 were presented and read. It was moved by Council Member Christensen and seconded by Council Member Hamerlik to approve the minutes as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks questioned upcoming meetings on Columbia Road/Gateway Drive and Columbia Road/32nd Avenue South focus groups which were scheduled during the day rather than evening, where might get more input. Council Member Gershman stated it was better for businesses to have daytime meetings. Council Member Brooks also questioned if meeting scheduled for negotiating team on motel; Mayor Brown stated no. Council Member Brooks suggested looking at issue re. liquidated damages, look at guidelines and re-enforcing policy and refer to Service/Safety Standby Committee.

2) Council Member Hamerlik stated he has received calls re. leaf pickup and date. Todd Feland, director of public works, stated they will make second pass through the city and possibly third pass, weather permitting, but difficult to know areas and dates where they will be; Council Member Hamerlik suggested having Info Center get some information out to the public. Council Member Glassheim stated public needs to know when they will come by, need way of notifying them - sector wise.

3) Council Member Glassheim stated he was contacted by employee and some concern about how merit system is going to be administered and developed and some level of fear and concern and employees not part of conversation and asked what criteria and how establish performance. Charles Bunce, HR director, stated that's the next step and still doing final numbers; have received info from sister cities who have been using this system and have lot of info re measurables, etc.; this Friday he will be in Phoenix with consultants to automate this through note system. He stated they have 3 tier approach to this, have to do job descriptions, measurables and how this all fits in; as far as input is concerned focus committees to get all info from departments and employee association and department head association, and have until October, 2003 to get done. Council Member Glassheim stated it would be good if employees understood, chance for input.

5) Council Member Gershman stated that last Friday a group came to town professing a lot of hate to certain segment of our people, and people who showed up to protest to the hate showed tremendous amount of dignity, and proud of way they handled themselves.

6) Council Member Gershman stated lot of buildings downtown have lights on roofs and looks wonderful; some don't and would like to see status.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
Deputy City Auditor
Approved:
_________________________________
Michael R. Brown, Mayor