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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 2, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, February 2, 2004 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 (teleconference), Kreun - 7; absent: none.

Mayor Brown welcomed Principal Zick of Kelly School and the Kelly School student council from 3rd, 4th and 5th grades who led the city 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 announced the retirement of Dwight Wurzbacher on January 30, 2004 from the Public Works Department, valued employee for over 40 years and most recently was water distribution superintendent, significant contributor to the city of Grand Forks Water Department and his service will be missed.

PRESENTATION BY ND STATE HEALTH DEPARTMENT
RE. STORM WATER PHASE II REGULATIONS

Mike Shea, environmental coordinator, reported that in February, 2003 a presentation was made on the city's storm water management plan and was a requirement of the permit given by the State for January 1, 2003, and that last year was our first year to be covered under this permit and over the next 5 years of the permit they will be gearing up with all the requirements, that each year a little tougher until the fifth year, and will change some of the ways we do business in Grand Forks, and would be beneficial to bring the Health Department in to give some type of insight as to what they expect the City to do to comply with these regulations.

Abbie Krebsbach, ND State Health Department, made a presentation of the Storm Water Phase II Regulations, and reported that EPA has done studies that have determined that the latest issue with water quality comes from storm water running off urbanized areas and that the major pollutant from urbanized areas is sediment; that impacts are twofold as there is an increased rate and volume of runoff, and reviewed benefits of storm water management and minimum control measures that are required to be developed, implemented and enforced under the Storm Water Pollution Prevention Program and that the North Dakota State Health Department will oversee compliance with these regulations.

Council Member Glassheim asked what is the next step for the City; Ms. Krebsbach stated she has worked with Mr. Shea to determine where the City is at in the program, that he has a list of all the things identified that the City will do as an MS4 and he can best answer any questions; that the next thing would be is to have a meeting with municipality and submit annual report to the Health Department who will review the report and work with the city to try to help get things accomplished.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, stated there would be a flood protection video (there were technical difficulties and the flood video will be shown at the next meeting). He stated that Phase III of the flood protection project is to be opened on Wednesday of this week and will give the next construction phase for this summer. He stated on the federal appropriations process they wanted to acknowledge that the US Senate has added another $3 million to the Grand Forks/East Grand Forks flood protection project for 2004 through the Omnibus Appropriations Bill and Senator Byron Dorgan was instrumental in that; and that the $3 million is in addition to the $36 million appropriated earlier. He stated that the President's budget for 2005 has allocated $31.19 million for our flood protection project.

Mr. Grasser noted several highlights on the greenway project, that pedestrian bridges are in final design stages, north end and south end of the project; Phase I, recreational features, have been turned over to the city of Grand Forks along with the rest of Phase I and dedication ceremonies are being planned for June of this year. He stated there will be some ordinance drafts for the greenway in the near future for the rules and regulations; and that the letter and application for the boat ramp went out to the Game & Fish Department and are following up on some of the other funding sources for boat ramps. He stated that the greenway project was chosen as a major park for the Midwest and will be featured in the March 2004 Landscape, Architecture and Specifier News as a park issue, is a national magazine and a major publication and great national recognition for us in the greenway. He reviewed upcoming events and meetings.

Council Member Christensen stated in the report that the pedestrian bridges will be constructed independently of the phases of the flood protection project, and that the construction schedule is dependent upon federal levels available through flood protection project, and asked if there was money from the Corps of Engineers to pay for the pedestrian bridges or a betterment that we pay for. Mr. Grasser stated the bridges are part of the recreational features of the flood protection project and that everything is contingent on the availability of funding, and wanted to separate those out because of conflicting construction schedules that might occur with a percentage of basically 50% by the Corps. Council Member Christensen asked assuming funds come in for 2004 and 2005, how much money would be left from the federal sources to complete this project because he noted in the news that the Corps of Engineers' overall funding was decreased by 16.+% and concerned about that and to work with our Congressional delegation. Mr. Grasser stated that the Corps will be giving us a quarterly update in the next month and can make that information available to the council.

APPROVE APPLICATION OF CLASS 4, FOOD AND
BEVERAGE ESTABLISHMENT, BY RED RIVER DELI,
315 DEMERS AVENUE

The staff report from the finance department relating to the application for transfer of Class 4, Food and Beverage Establishment alcoholic beverage license from CCS Investments, LLC dba Red River Café to Conndo, Inc. dba Red River Deli, 315 DeMers Avenue, with recommendation for approval of the application subject to payment of the annual fees and review by the various departments.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved.

Council Members Gershman and Christensen asked to be recused from voting on this matter. It was so moved by Council Member Glassheim and seconded by Council Member Brooks. Carried 4 votes affirmative.
Upon call for the question and upon voice vote the motion carried 4 votes affirmative; with Council Members Gershman and Christensen excused from voting.

APPROVE EXTENSION OF TRANSPORTATION SERVICE
CONTRACT WITH CITY OF EAST GRAND FORKS, MN

The staff report from the public transportation department relating to extension of Transportation Service Contract with East Grand Forks, MN with recommendation to approve extension of the service contract. (Agreement to expire December 31, 2004 at estimated net operating cost to East Grand Forks of $147,754.)

It was moved by Council Member Kreun and seconded by Council Member Hamerlik 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.

REFER REQUEST FROM EASTER SEALS/GOODWILL
FOR TRANSFER OF HOUSES IN RIVERSIDE PARK AREA
TO FINANCE/DEVELOPMENT STANDBY COMMITTEE

Mayor Brown announced that the request from Easter Seals/Goodwill for transfer of ownership of houses at 1604 and 1610 Lewis Boulevard to their organization was referred to the Finance/Development standby committee for consideration.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment No. 04-03, dated January 30, 2004, totaling $1,688,575.84 and Regular Estimate Summary in the amount of $810,809.48, were presented and read.

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

APPROVE MINUTES, JANUARY 20, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, January 20, 2004, were presented and read. It was moved by Council Member Gershman and seconded by Council Member Glassheim that these minutes be approved. Carried 7 votes affirmative.

ADMINISTRATIVE COORDINATOR COMMENTS

Rick Duquette, administrative coordinator, stated that he met with Mr. Morken, PSAP, today and would like to ask the help of the county administrator and they will meet with the 911 Authority Board at their next meeting to develop some ideas and suggestions and bring recommendations back to the council on the PSAP matter.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Christensen reported that the Finance-Development standby committee met last week and that they are entertaining that they will have a standing date, every Wednesday after the city council meeting, and if staff has issues they will schedule those - not a firm date but if staff has an issue they would like scheduled and discussed, that they are making themselves more available to staff.

2) Council Member Kerian asked Mr. Duquette to tell what the PSAP issue is about. Mr. Duquette stated an issue came up in the newspaper about space for all the PSAP communication operators, and they have been trying to either relocate or expand for the last several years, and need to get that solved.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor