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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 5, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 5, 2004 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

The 5th grade class at Ben Franklin School led the city council in the pledge of allegiance to the flag, Liz
Deere, teacher.

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 events during the past week and upcoming events.

1) that Mayor Brown is not here tonight because he is leading a delegation with Mayor Wennberg of Thief River Falls in Helsinki, Finland to observe the staging of the World Junior Hockey Tournament, they are there to represent our cities to the World Hockey officials and to gather information about how to host an event of this size and do it so it is a success for the entire community;
2) he reminded everyone of the Economic Development luncheon at the Alerus Center next Monday featuring a presentation by Linda Butts of the ND Department of Commerce about growing business and having positive region-wide attitudes and approaches and there will be people from around the region attending and if interested in attending to call the Info Center for more information;
3) that the U.S. Junior's team won the international championship today and are taking home the gold and congratulations to the team and great news for our community as 3 or 5 from the Sioux that were on the team.
4) that we have a much better quality of video and audio tonight, equipment installed through a grant through the Homeland Security Department.
5) he wished everybody a Happy New Year and that he thinks this coming year is going to be very exciting and very important for Grand Forks and we're going to have a wonderful year.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, gave a brief overview as a video would be presented, and that Melanie Parvey-Biby, greenway coordinator, will present year-end report. He stated he is impressed with the work that the contractor has been able to continue through the month of December, that things are slower now with the cold weather and will be restarting as soon as the weather does break, that they are working on other than pump stations is the floodwall behind Reeves Drive and the floodwall in the Loamy Hills area in Sun-Beam, that we are making good progress. The video was presented.

Melanie Parvey-Biby, greenway coordinator, reviewed accomplishments of the past year, 2003, and to look at the task list for the year to come.

She reported they prepared a preliminary operations and maintenance planning document that includes budget estimates for both flood protection and the greenway projects, that they developed a restoration plan, and developed the greenway interpretive plan for both Grand Forks and East Grand Forks, developed a boat-ramp working group and plans, adopted a logo for the project as well as opening Lincoln Drive park. She stated that the operations and maintenance planning document will be brought to the council for their review this year, as well as the restoration plan. Information re. the boat ramp plan and location will be brought to the next committee of the whole meeting next Monday and are looking at the possibility of requesting funds from the ND Game & Fish for the project, that the intent is to build a ramp in 2004 north of Riverside dam (East Grand Forks has a ramp south of the dam). She stated there is a dedication ceremony being planned for June of 2004 for Lincoln park and mentioned activities that are now available in the park. She noted visions and events planned for 2004; and that there is information on the web page at www.grandforksgov.com/greeway. She stated in 2004 they will continue to develop ordinances that support the greenway user rules and regulations, locate and build a boat ramp north of Riverside dam and work with the MPO on developing a non-paved trail plan, finalize pedestrian bridge designs, develop a process for addressing greenway betterment request, and continue to research and develop plans for a dog park and begin implementation on restoration project and will continue to develop the monthly council updates.

ADOPT ORDINANCE NO. 4004, AMENDING SECTION
15-0204 OF THE GRAND FORKS CITY CODE RELATING
TO USE OF PUBLIC SERWERS

An ordinance entitled "An ordinance amending Section 15-0204 of the Grand Forks City Code relating to use of public sewers", which had been introduced and passed on its first reading on October 20, 2003, was presented and read for consideration on second reading and final passage.

Mike Shea, Pretreatment Coordinator for the City of Grand Forks, had received a communication from the US Environmental Protection Agency stating they public noticed the request for a substantial modification of the pretreatment program on October 23, 2003 as required, and their records indicate that no comments were received and that the modifications, as public noticed, have remained unchanged and are approved; and the revised pretreatment program shall be an enforceable condition of the NPDES permit as of the date of this approval letter.

It was moved by Council Member Kerian and seconded by Council Member Kreun to adopt the ordinance. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.

SUSPEND AGENDA

Council Member Brooks moved to suspend the agenda and move the item relating to the executive session after comments by the city council; Council Member Christensen seconded the motion. Carried 7 votes affirmative.

APPROVE PLEDGED SECURITIES AND DESIGNATE
DEPOSITORIES OF PUBLIC FUNDS

The staff report from the finance department relating to pledged collateral report and designation of depositories of public funds, with recommendation for approval of pledged security report and designate the following as depositories: Well Fargo, Alerus Financial, and Community Bank.

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

CONSIDER BIDS AND AWARD BIDS FOR PROJECT
NO. 5458

The staff report from the engineering department relating to consideration of bids for Project No. 5458, sanitary sewer on 6th Avenue (I-29 to North 43rd) and 43rd Street (6th Avenue North to Boyd Drive), with recommendation to award contract to low bidder, GM Contracting, Inc., in the amount of $241,016.16 for Schedule A.

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

APPROVE AND AUTHORIZE EXECUTION OF COST
PARTICIPATION AND MAINTENANCE AGREEMENT
WITH NDDOT FOR PROJECT NO. 5287, BIKEPATH

The staff report from the engineering department relating to Cost Participation and Maintenance
Agreement for Project No. 5287, Johnson's Linear Park Bikepath, with recommendation for approval and to authorize execution of the Agreement with the North Dakota Department of Transportation, contingent on final review by the city attorney.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5416

The staff report from the engineering department relating to Change Order #3 for Project No. 5416, 2003 Storm and Sanitary Sewer Repairs, with recommendation to approve Project No. 5416 Change Order #3 for Molstad Excavating in the amount of $1,062.00.

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

APPROVE BID FOR BRUSH AND TREE CHIPPING

The staff report from the director of public works relating to Sanitation Department brush and tree chipping bid, with recommendation to approve the bid per bid tabulations - Buberl Recycling at $16.90 per ton.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation to accept the bid of Buberl Recycling at unit price of $16.90/ton be approved. Carried 7 votes affirmative.
APPROVE PURCHASE OF CLASS 400 TRANSIT
VEHICLE

The staff report from public transportation superintendent relating to purchase of Class 400 transit vehicle, with recommendation to approve purchase of Class 400 transit vehicle through the cooperative purchasing venture of the Minnesota Department of Transportation.

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

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment No. 04-01, dated January 2, 2004, totaling $1,651,719.63 and Regular Estimate Summary in the amount of $447,364.05, were presented and read.

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

APPROVE MINUTES DECEMBER 15 AND 22, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, December 15, 2003 and of the special city council meeting held on Monday, December 22, 2003 were presented and read. It was moved by Council Member Glassheim and seconded Council Member Kreun. Carried 7 votes affirmative.

COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated that Mayor (Dr.) Brown did a great job of delivering his grandson.

2) Council Member Hamerlik noted that the next city council meeting will be held on Tuesday, January 20, because of Martin Luther King Day on the 19th; and stated that the Alerus Commission is tentatively planning to have the council invited for an exchange, that they have finished their strategic planning and staff are working to put together that evening, 5:30 to 7:30 p.m. on January 19, and will be very worthwhile for the council to attend.

3) Council Member Glassheim stated he had attended the First Night events and wanted to thank everybody involved, that the performances were of high quality.

4) Council Member Kerian stated what she appreciated with this event is that it brought all ages together, lots of families participating, cross section of the community, and the Lions Christmas in the Park added to the community celebration of the holiday season.

5) President Gershman stated that before the holidays he had mentioned snow removal on the sidewalks in the Lincoln Drive park entrance and along Almonte Avenue had not been removed and that those sidewalks still have not been cleared, and asked that be taken care of.

President Gershman stated that this Friday night his daughter is going to be on Boston Public on Fox network at 7:00 p.m., has a role and plays a school counselor, and can see a hometown young woman who is doing okay for herself.

CONSIDER MATTER OF ATTORNEY/CLIENT
CONSULTATION ON PENDING LITIGATION AND RECESS
INTO EXECUTIVE SESSION

Howard Swanson, city attorney, stated he would like to discuss with council a mediation scheduled for this Friday in federal court with respect to a claim against the S.J. Louis Construction Company and would recommend for purposes of attorney/client communication that the council pass a motion to recess into executive session pursuant to NDCC Section 44-04-19.2.

It was moved by Council Member Hamerlik to recess into executive session under North Dakota Century Code 44-04. Carried 7 votes affirmative.

RECESS INTO EXECUTIVE SESSION

COUNCIL RECONVENES FOLLOWING EXECUTIVE SESSION

The city council reconvened after the executive session with all members present.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_________________________________________
Harold A. Gershman, President of the City Council