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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 3, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 3, 2006 at the hour of 7:00 o’clock p.m. was called to order by Eric Hanson, mayor for a day, with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun, 7 ; absent: none.

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.

Eric Hanson announced that Mrs. Laffen’s third grade class from Holy Family would lead the city council in the pledge of allegiance to the flag

Eric Hanson reported that he had won the Mayor for a Day contest, that the contest involved 140 essays and is a part of Municipal Government Week, that Municipal Government Week is a time to learn more about city government and how to get involved; and read his essay. Mayor Brown presented a certificated to Mr. Hanson, essay contest winner for the city of Grand Forks and a small gift for participating in our contest.

Mayor Brown commented on various events during the past week and upcoming events:
He stated the biggest news tonight is the flood fight, that we are in the middle of a flood fight and expect a crest of just over 47 ft. to occur on Thursday and this is within in the capacity of our flood protection system but are being cautious; that he signed an emergency declaration to make sure we are eligible for state and federal assistance if necessary and available; that the rising water equates to rising anxiety so we will keep everyone updated on what we know and expect and what is done to provide protection – can keep up to date by logging onto website – grandforksgov.com or by watching Channel 2.
A news conference was held this afternoon with East Grand Forks and County officials and will broadcast that after tonight’s meeting and at 10:00 p.m., that in tonight’s meeting Asst. City Engineer Mark Walker will discuss the details of the flood fight. He stated there are other communities that need help, that Manvel is looking for volunteers for sandbagging, etc. and encouraged residents to help out tomorrow and other places in the region. He reminded everyone to be safe, keep off the dikes and watch for increased traffic in some areas and slippery roads due to mud.
He stated in addition to Municipal Government Week this is also Public Health Week and has signed a proclamation to that effect, and last week had the opportunity to work with the Trio Program with President Kupchella and Dr. Magliorie from Minneapolis and his topic was Attitude and these children and young adults have a wonderful attitude and that these are the leaders of tomorrow and a pleasure to work with them.
He had a chance this weekend to go to the Forx Builders Home Show, great show and tremendous crowd, and congratulations to the Forx Home Builders and to the Alerus Center staff.
He stated this is Time Out and Wacipi and encouraged members of community to attend and learn more about the Native American culture.
Thanks to Mr. Hanson for his job tonight in starting the council meeting.

FLOOD PROTECTION UPDATE

Mark Walker, assistant city engineer, briefly reviewed the flood protection report stating that the contractors from Phases II, III and IV are continuing to provide non-weather related work items, that they accomplished the wet testing of the pump stations that are being constructed and closed gates, and now more focused on building temporary levees where temporary levees were removed to facilitate construction of the permanent flood protection system. The work on the north pedestrian bridge has halted because of the high water. He stated that the Corps came out with update to the project costs and their current working estimate indicated that the project now stands at $407.8 million and that is the total project with Grand Forks and East Grand Forks, that is an increase of about $3.2 million above what their last estimate was approx. a year ago; and the good news for Grand Forks is that our project has gone down by $2.9 million and our local share went down by $6.9 million.

He stated that the Corps indicated that completion of the project maybe delayed a little because of the new regulations in federal funding, that contractor not allowed to work ahead of his funding and some work will have to be delayed until the new fiscal year, 2007. For Grand Forks that means construction of one of the holding ponds will be delayed and also some asphalt paving that would go on levee raises such as Merrifield Road and old Belmont Road, but the federal fiscal year starts October 1and possible that the contractor could begin on October 1 with that paving and complete it by the end of the year as well as construction of that third holding pond; however, if funding wouldn’t become available and weather turns cold early it might have to get delayed until next spring. The Corps also indicated that certification of the levees by FEMA may be delayed but continuing to monitor that and do best to make sure the process goes along as fast as possible but with shortfall in funding for this year and new regulations that feds have about working in advance of funding may delay that a little bit.

He briefly reviewed the current flood fight efforts for this spring, the Weather Service is indicating a peak of around 47 ft. on Wednesday or Thursday and currently at about 45.7 and rate of rise is decreasing. He stated the flood protection project is about 85% done and those areas don’t have to build temporary levees, late last week they started filling all the openings that exist where the project isn’t complete, and on Friday started to move dirt and by late tonight or tomorrow they will complete closing all those openings. He stated it is their intention that these openings would be filled to 54 ft. and made that decision based upon the fast rise of the river and with the intention there could be rain forecast late into the week and if that occurs very difficult to get into some of these areas and chose to be on the conservative side and take up higher than what the forecast is out of National Weather Service to be on the safe side. During the construction of the permanent flood protection project the project constructed 12 pump stations and we now have 11 of those operating and have closed all of the sluice gates with the exception of one of the gates, and Street Department is installing the road closures at Elmwood Drive – greenway access closure and the one at DeMers. Phase II contractor has installed the one on 7th Avenue; 10 closures that will be constructed during the project and 4 are now constructed and will be installed during this flood fight; and the one at Lincoln will be installed tomorrow or Wednesday.

Council Member Hamerlik asked if they could schedule press conferences several time each day to get information from City officials as to what is happening. Mayor Brown stated as they get closer to the crest they will do that through Mr. Duquette and Public Information Office.

Council Member Gershman stated if the reduction of $6.9 million for the City would translate into a reduction in special assessments. The city auditor stated that it is too early to tell, but have talked about some other variables within the Corps that could shift things around and as things are going, could anticipate less of an assessment.

Council Member Kreun stated the dike is 85% complete with our levee system and have the ability to see what it will do and easier to make that special assessment payment in February, our hard work and payment schedule is paying off; that if we didn’t have our levee system now this would be a $2 million bill or more to the City of Grand Forks and different situation going on; this project is showing its dividends.

Mayor Brown stated we are looking at the sixth major flood event in our history, and people still walking their dogs and playing basketball.

Mr. Walker stated that one of the things they have learned during this flood fight is how bad some of these floods can be as far as conditions, we are early in the month of April and have a flood that usually don’t see crest until later in the month, that the rains we had added to the flow and to the river, that they melted a lot of snow quickly and removed a lot of the frost and made the ground very spongy and have had problems getting trucks accessed to different locations , usually could fight a flood by building levees on top of frozen ground, and that our sources of clay have been wet because the frost has thawed out and water has gone down, and had some conversations in engineering department about buying some land and building some stockpiles where they would have piles of dry dirt in the event they would need to add to the tops of the levees.

Mr. Walker stated they would leave some of the temporary dikes up as long as they can, but that some were in areas that have slip plains and have to be removed before the water gets down below a certain point, there are some that may get removed and that material used for backfilling of the floodwalls, etc. but when become a hindrance for construction of the permanent flood protection project will have to remove before that occurs.

Rick Duquette, city administrator, reported that every morning they will conduct a meeting with engineers, contractors and those working on this project, conference with the National Weather Service related to weather and river predictions and will have updated information that will be sent out via the internet, media releases and our channel 2, will get facts out quickly every day and make ourselves available to the media for questions and further updates – updaters will be scheduled regularly.

ADOPT ORDINANCE NO. 4130, RELATING TO CHANGE
OF TITLE TO CITY ADMINISTRATOR

An ordinance entitled “An ordinance amending Section 2-0301(3) and (36), 7-0101(1) and 6-0304(1) of the Grand Forks City Code relating to change of title to city administrator”, which had been introduced and passed on its first reading on March 20, 2006, was presented and read for consideration and second reading.

Mayor Brown called upon the audience to see it there were any comments, there were none.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun – 6; voting “nay”: Council Member Glassheim – 1. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING THE SALE OF REFUNDING IMPROVEMENT
REFUNDING BONDS, SERIES 2006A
The staff report from the finance and administrative services director relating to the Refunding Improvement Refunding Bonds, Series 2006A, with recommendation to award the sale of 2006A Bonds and pass “Resolution authorizing the issuance and awarding the sale of refunding improvement refunding bonds, Series 2006A”.

Brenda Krueger, Springsted, Inc., reported on the results of the sale of the refunding bonds, that they are refunding two outstanding bond issues that were done for street improvements in 1996 and 1997, the purpose of the refunding is to save the City interest costs over the interest rates that currently paying on the two bond issues and that in addition to the bond proceeds the City has also collected pre-payments of special assessments and are applying those pre-payments to the refunding as well to reduce the borrowing amount. She stated as a result they have been able to achieve interest cost savings and to shorten the final maturity of the bonds. The bid tabulation summarizing the bids received, received 5 bids, winning bid is from Hutchinson, Shockey, Erley & Co. with a true interest cost of 3.88%, the cost of issuing the bonds and cash contributing towards the refunding and have a present value benefit to the City of $172,710.00 and as part of the bond sale process they went to Moody’s Investors Service and went through the rating process. Moody’s has affirmed the City’s Double A3 rating, that she and Mr. Schmisek talked with the rating agency and Mr. Schmisek went through the year-end 2005 results, the 2006 budget, and one of the comments in the rating report states “…the maintenance of ample balances attest to the good management controls and is key to the high quality rating.”; that Mr. Schmisek talked about development activities, the entertainment complex now under construction adjacent to the Alerus Center and about the downtown housing developments that are under way. She stated she recommends adoption of the attached resolution and award the bonds to Hutchinson Shockey.

Council Member Kerian introduced the following resolution and moved it adoption, which motion was seconded by Council Member Gershman: Document No. 8869 – Resolution.

Upon vote being taken thereon, the following voted in favor thereof: 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.

APPROVE ABATEMENT OF 2005 TAX ON PROPERTY
AT 715 NORTH 4TH STREET

The staff report from the city assessor relating to application for abatement for 2005 taxes by Jeffrey and Joan Schiele, 715 North 4th Street, with recommendation to the Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun – 7; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE ABATEMENT OF 2005 TAX ON PROPERTY
AT 1057 SELKIRK CIRCLE

The staff report from the city assessor relating to application for abatement for 2005 taxes by David Simons, 1057 Selkirk Circle, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Brooks and seconded by Council Member Kreun that thisd recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. 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 APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO VARIOUS
RESIDENTIAL AND COMMERCIAL PROPERTIES

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 1216 7th Avenue North; 1503 9th Avenue North, 1521 10th Avenue North, 1613 10th Avenue North, 1120 Chestnut Street; 1909 8th Avenue North; 3000 Gateway Drive, 1614 Lewis Blvd., 1120 Dyke Avenue, 1606 Rider Road; 2510 West Fallcreek Court; 1718 South 35th Street; 818 19th Avenue South; 714 23rd Avenue South; 416 24th Avenue South; 614 South 4th Street; 1304 Chestnut Street; 1503 North Washington Street, 3913 Simonview Court; 1706 11th Avenue North; 1905 11th Avenue North; 2704 Clover Drive; and 802 28th Avenue South.

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

APPROVE APPLICATION FOR TRANSFER OF CLASS 1
ALCOHOLIC BEVERAGE LICENSE TO KDJMBD, INC.,
DBA DAGWOOD’S BAR AND GRILL

The staff report from the city auditor relating to application for transfer of Class 1 (General On and Off Sale Alcoholic Beverage) license from Dagwood’s, Inc. to KDJMBD, Inc. dba Dagwood’s Bar and Grill, 425 North 42nd Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.

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

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council member Brooks and seconded by Council Member Hamerlik. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused. Mayor Brown declared the motion carried.

APPROVE APPOINTMENTS TO HISTORIC PRESERVATION
COMMISSION

The staff report from Mayor Brown relating to the Historic Preservation Commission appointments with recommendation to confirm reappointment of Marsha Gunderson, Ted Jeliff and Rolf Ottum and appointment of Cory Lien and Gerad Paul.

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

APPROVE APPOINTMENT TO PENSION AND INSURANCE
COMMITTEE

The staff report from Mayor Brown relating to Pension and Insurance Committee appointment, with recommendation to confirm the reappointment of Maureen Storstad to a three-year term to the Pension and Insurance Committee.

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

APPROVE APPOINTMENT OF ADVISORY STUDY
COMMITTEE

The staff report from the city auditor relating to Advisory Study Committee, with recommendation for appointment of advisory study committee.

Council Member Christensen stated that time has come to either appoint a committee or take it to a vote of the people that there be an advisory study committee to study the various levels and process of government, and it was his understanding that the council had concluded that they would like to have an appointment of a committee rather than going to a vote; and moved that we appoint a committee consisting of the city council to serve as that advisory committee and to undertake an on-going study of the governmental operations of the city of Grand Forks at various levels, and would incorporate what Council Member Kerian is about to ask us to study as part of this motion and also that our council consider the possibility of entering into joint powers agreements with other branches of government in this community, with the Park District, County of Grand Forks, to see if can consolidate some of the services that we are delivering to the citizens of the city of and county of Grand Forks. Council Member Gershman seconded the motion.

Council Member Christensen stated he is mindful of Dr. Omdahl’s column in the newspaper about what is going on in Bismarck regarding consolidation of city and county governmental services but as part of the planning process thinks that if we don’t start that now that we have to be mindful of the cost of government in every level and try to consolidate it with a more expeditious and cost efficient method of delivery of government.

Council Member Hamerlik noted that at the committee of the whole discussion re. this matter there was consideration of having citizens involved in this, and hoped we are not limiting it to just the council unless having hearings or input.

Council Member Christensen stated that the motion is that we appoint a committee consisting of the members of the Grand Forks City Council to study government pursuant to what the statute requires be studied, and would require that the council after it is reconvened in late June or early July engage in conversations as to how and what levels of government we study, come up with 3 to 5 ideas or areas they want to study, that what is contemplated here is that you have an on-going process to try to streamline government, and that this city council over the last 4 or 5 years has gotten a few things done – in the bond rating and looking for an on-going effort for the next 12 to 18 months. He stated it is the process that got us to a 7-person council and that was the result of a process on a specific issue and no idea of how many issues should be studied, and would like good citizen and community input; have to pick areas they want to study and come to conclusions.

Council Member Brooks stated he agrees and one thing that people have asked is that we look at ward vs. city-wide in terms of council seats, there are categories where you could set up task forces and should involve citizens and students on some subcommittees.

Council Member Kerian mentioned what thoughts she had had about a study committee, that is to look at the committee structure within the council as it has gone from 14 to 7 and if we are serving both the staff and citizens in the way that our committees are structured so that people have input, that the issues get addressed, the review of the city representatives on the various committees and boards, that there have been comments about the number of activities that council members have and how that fits in schedules, that would be a way to look at where council members need to participate as representatives and where others either can take that on, whether they be staff, citizens or others. She stated there would be value in deciding on one or two city topics, maybe three topics that should be studied, and would add value to the citizens to understand what the issues are. She stated that Mr. Swanson’s memo mentioned a 5-member advisory study committee and if there is any suggestion of what number of members or the makeup of that committee. Mr. Swanson stated that the statute does call for 5-member body, but does not establish qualifications or membership, and occurs that it would be hard to claim foul if appointed a broader representation than 5, and if concerned about that, the manner in which to approach would be to adopt an ordinance under Home Rule Authority to establish a larger number, but no problem with naming 7 members on that board.

Council Member Gershman stated he supports this and there have been references to citizen input through task forces and e-mail and would think that having a public hearing where people can bring things forward or public should send us something, and there will be some formalization of this so can get input and feedback.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

REFER MATTER OF SPRINGFEST TO COMMITTEE
OF THE WHOLE FOR CONSIDERATION

The matter of request from Robert Haskins, Student Body President, and Chris Braden, Government Affairs Commissioner, for Springfest activities was presented to the city council.

Council Member Kreun reported that there will be a request for a variance from Suite 49, that they have been looking at being able to have a beer garden at Springfest with the purchasing of the alcohol in the beer garden and then being brought out and mingled with individuals less than 21 years of age, that Suite 49 has not applied for the permit and suggested that they contact them to do this as soon as possible as it has to be in our packets by Thursday so that it can be considered by committee of the whole next Monday and for vote on the following Monday.

Mr. Swanson reported that to his knowledge no application form submitted, that he has advised Suite 49 that it won’t be a variance but an appeal, as when the application is submitted to his office he will deny the application for the manner in which they have presented, they then have the right to appeal that decision to the council.

Eric Martz, representing Suite 49, requested a vote on the appeal this evening and that the application would be subject to Mr. Swanson’s approval . Mr. Swanson stated that it is an appeal from an action and this is an application for an off-premise license, the procedure is that it is handled administratively, that after being filed with finance department it goes to his office for review, the majority of them are approved because they have met all of our practices but as he understands the request this is outside of our normal approval process and that he has to have the application and that he has to take his action and that his action will be to deny the request, the appeal then comes to this body; and doesn’t know how they could grant an appeal if we don’t have an application and would be his recommendation that they not do that but if want to act on that at the committee of the whole meeting, can act on it with a unanimous motion. He stated the applications for special permits require designation when it is going off premise for a public event, and believes that our position has been consistent for years that when those events occur that there is to be a designated beer garden when we are to be made aware that minors are going to be present for those events, and the only area that he is aware of that they have had some flexibility and have had some different actions with are wedding dances where there are families involved but in events open to the general public, they have not authorized them without a designated area and that designated area is where we have allowed only people over the age of 21 in, no alcohol being brought in and no alcohol being brought out.

In response to questions from Chris Braden, Mr. Swanson stated this is not a transfer, that this is a special event permit that allows you to go off premise and sell alcohol in addition to having your present permit location still operating; there is not an ordinance establishing a beer garden; that is based upon State Statute but doesn’t identify “a beer garden in a designated area” and it is our interpretation of the State prohibition against minors on licensed premises, but the application form is one page special event and a fee to be paid.

Council Member Hamerlik stated at the committee of the whole there were several suggestions, that we have an interpretation re. smoking. Mr. Swanson stated the questions he was made aware of were smoking and the prohibition against smoking in public places is an indoor prohibition except in a sports arena, a park does not qualify under our definition of a sports arena and the ordinance does not apply in this event. The second comment or question was whether or not his office would review any contractual relationships between the University, Student Government or any other entity and Suite 49 and sees no purpose in doing that, it places the City in a position it should not be in, that is a contractual matter outside the city and the city council should be exercising its government authority and not entering into an evaluation of contractual obligations between other parties.

Eric Martz, Suite 49, stated that they have been working with the Park Board, the city Police department, Mr. Hamerlik and Mr. Duquette, and have considered all the possibilities of trouble that could happen, including underage drinking, riots, fires, etc. and have come up with a plan that limits the sale of alcohol to an enclosed area but allowing them to go into the larger area, there will be a security entrance which would include checking of handbags, limit what could be brought in, any kind of container would be eliminated from being brought in, individuals would be id'ed and given colored wristbands to enter the larger area access for everyone, and that is at the main entrance, from that point people can enter, watch bands, etc. and never consume any alcohol; if choose to can progress to the smaller beer garden which has its own fence, entrance and will be doing random checks at that point to check i.d’s again and every single wristband will be checked to make sure it hasn’t been tampered with, and from there into the beer garden to purchase beverages and the people working there also will be doing random checks so have a triple check system for checking i.d.’s and wristbands, that if anyone is suspected of tampering with their wristband, they will be removed from the entire park area, will have a very large force of security of at least 50 people, that the police are satisfied with their plan at this point, and the police will have access to all points and will be checking i.d.’s also.

Mayor Brown asked if they have a motion to put this to committee of the whole next week; Council Member Christensen motioned for possible consideration as a council at that meeting, Council Member Kreun seconded the motion.

Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Brooks and Hamerlik. Carried 6 votes affirmative.

Upon call for the motion and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

APPROVE RESOLUTION OF ANNEXATION
OF KINDNESS ANIMAL HOSPITAL

The staff report from the city attorney relating to Kindness Animal Hospital annexation, with recommendation to adopt resolution of annexation pursuant to mediation: Document No. 8870 – Resolution. .

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved and the resolution adopted. Upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun – 7; voting “nay”: none. Mayor Brown declared the resolution adopted.

AWARD CONTRACT FOR PROJECT No. 5840, 2006
WATERMAIN REPLACEMENT

The staff report from the engineering department relating to consideration of bids for Project No. 5840, 2006 Watermain Replacement, with recommendation to award contract to low bidder, Breidenbach Excavating in the amount of $434,048.75.

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

APPROVE SIDEWALK LIST NO. 1, 2006 SIDEWALK
REPAIR, PROJECT NO. 5902

The staff report from the engineering department relating to location list for Project No. 5902, 2006 Sidewalk Repair, with recommendation to approve 2006 Sidewalk Repair List No. 1.

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

MATTER OF 2007 TRANSPORTATION ENHANCEMENT
PROJECT REQUEST TO NDDOT

The staff report from the engineering department relating to 2007 Transportation Enhancement Project request to the North Dakota Department of Transportation (NDDOT), information to the city council, was presented. The staff report noted the cut off for funding went to the top 6 projects and the City will not receive funding for 2007.

Council Member Gershman stated that the corner of Washington and DeMers is very important and is a $28,000 landscaping fix with some trees, etc. and moved that we refer the matter of landscaping the northwest corner of Washington and DeMers Avenue to the Beautification Committee for recommendation to council. Council Member Kreun seconded the motion.

Council Member Kreun suggested that the Beautification Committee come back with a plan, check with Burlington Northern to make sure we can put it on their property and that committee follow through with that.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE REVISION OF 2007-2011 URBAN AND REGIONAL
PROGRAM PROJECT REQUEST TO NDDOT AND REQUEST
FOR ADVERTISING FOR ENGINEERING SERVICES, PROJECT
NO. 5988

The staff report from the engineering department relating to revision of the 2007-2011 Urban and Regional Program Project request to the NDDoT and request for advertising for engineering services; Project No. 5988, paving 40th Avenue south (South Washington Street to South 20th Street), with recommendation to revise the 2007-2011 Urban and Regional Program Project request to the NDDoT; and to direct staff to advertise for engineering services for Project No. 5988, paving 40th Avenue South from South Washington Street to South 20th Street).

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

AWARD CONTRACT FOR PROJECT NO. 5671, POINT
BRIDGE PRESERVATION PROJECT

The staff report for consideration of bids for Project No. 5671, Point Bridge Preservation Project, with recommendation to award contract to low bidder, Industrial Builders, Inc., in the amount of $1,799,072.76, contingent upon concurrence by the NDDoT.

It was moved by Council Member Brooks and seconded by Council Member Kreun 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.
APPROVE AGREEMENT WITH NDDoT AND INTERSTATE
ENGINEERING FOR PROJECT NO. 5671, POINT BRIDGE
PRESERVATION

The staff report from the engineering department relating to three-way construction engineering services agreement for Project No. 5671, Point Bridge Preservation Project, with recommendation to approve the three-way agreement with the NDDoT and Interstate Engineering for construction engineering services in the amount of $219,388.70.

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

APPROVE ARCHITECTURAL AGREEMENT FOR PROJECT
NO. 5969, NORTHEND FIRE STATION EXPANSION

The staff report from the fire department and the engineering department relating to architectural services agreement for Project No. 5969, Northside Fire Station Expansion (1015 Columbia Road), with recommendation to approve agreement with EAPC Architects Engineers, consultant for design and construction of architectural engineering services in the amount of $51,500.00.

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

APPROVE AMENDMENT NO. 3 TO ENGINEERING CONTRACT
FOR PROJECT NO. 5230, TELEMETRY UPGRADE

The staff report from the engineering department relating to Amendment No. 3 to engineering contract with Webster, Foster & Weston for Project No. 5230, Telemetry Upgrade, with recommendation to approve Amendment No. 3 to engineering contract in the amount of $15,680.00.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5869, LINCOLN DRIVE SLEDDING HILL PARKING
LOT AND LIGHTING

The staff report from the engineering department relating to plans and specifications and use of Greenway Betterment Funds for Project No. 5869, Lincoln Drive sledding hill parking lot and lighting, with recommendation to approve plans and specifications for Project No. 5869, and approve use of up to $90,000 of Greenway Betterment Funds to fund this project.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5987, FORCEMAIN BYPASS INTERCONNECT

The staff report from the engineering department relating to plans and specifications for Project No. 5987, 47th Avenue South and Washington Street forcemain bypass interconnect, with recommendation to approve plans and specifications for Project No. 5987.

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

AWARD GENERAL CONTRACT AND ELECTRICAL
CONTRACTS FOR PROJECT NO. 4648, WATER SYSTEM
IMPROVEMENTS

The staff report from the director of public works and engineering department relating to bids for Project No. 4648.8 Water System Improvements, Bid Package 2 – Water Facility Access and Site Lighting Improvements, with recommendation to award general contract to low bidder, Diversified Contractors, Inc. in the amount of $119,800.00 and award electrical contract to low bidder, RBB Electric, Inc., in the amount of $288,440.00 and return non-conforming bid to bidder.

Council Member Brooks stated we have three bid packages and first one came 8 or 9 months ago and was approved, and now have Bid Package 2 and in the future is Bid Package 3, Bid Package No. 3 would be to you within a month, and that this is related to Homeland Security and securing our water treatment plant from terrorists.

Todd Feland, director of public works, reported this is part of that process started several years ago and described the project and this is one of the bid packages at cost of $400,000, fencing was about $600,000, and Bid Package No. 3 is approx. $300,000, cost of approx. $1.3 million and that project was described and approved before we started bidding these. He stated we had a grant (State Tribal Assistant Grant) and money to do water facility projects after the flood, mainly for relocating some of our water facilities due to levee construction, that we didn’t spend the entire grant amount but 911 occurred, that we did a security analysis of our water system because it was an EPA mandate that we look at the security of our water system, that remaining funds from the improvements that we used the grant monies to build could be used for security improvements, and extended the grant to the end of this year, December 31, and that we expect these projects being done late this summer, as well as Bid Package No. 3, and that will conclude our security improvements in our water system. He stated that our booster station, our clearwell, intake off of Demers Avenue, water treatment plant are our four high security improvement facilities that we have stated that we want to protect that are of critical significance to the city.

Mr. Feland stated that water is important to us as we deliver water to everybody in the city, and they assume it is secure and it is safe and we do that on a daily basis, it is a serious business and wouldn’t bring a project here that he didn’t think was worthy. He stated that when they went through this process and tried to harden the facilities so that they are a one time cost, and that the last bid package is an overall security net over the system of which the police and fire can use in their patrol cars that are a side benefit to the project and other benefits of communication, and overall it is a justifiable project.

Council Member Glassheim asked what are the safety aspects, and funding. Mr. Feland stated as part of this bid package they are going to harden some of the doorways on facilities that he named, provide site lighting around those facilities and access control cards and remote sites. The project is a 55% grant from EPA and EPA requires a 45% match and we have state revolving loan fund money well beyond what we are going to take from this particular project and that is a note that we have to pay back through utility rates.

Council Member Christensen stated he wanted to remind the council of where we’ve been since this time and were told that the fence wouldn’t be too adequate, then told need sensing devices and now have the computer, and the response time to get there. He stated that since this we have had staff tell us we have to plan for the next drought and now have the issue about siting a landfill, and cost of garbage could go from $35 to $65 – doubled. He stated he would like to draw his line, maybe not on this one but shortly because raising the rates continuously. Mr. Feland stated that the rates that were projected including expending the entire loan amount and that we could go longer without a rate increase and have already budgeted and planned the utility rates to expend that whole amount, but are going to turn back around $600,000 of that and what council does tonight means more revolving loan money that we would turn back to the state.

Mr. Feland stated in this year’s budget we increased the wastewater fees, not water or solid waste or stormwater fees, looked at greenway and tried to reduce fees as much as possible, they are looking at a drought plan and may come back and recommend that we’re not part of it because we can’t afford it and not getting much benefit from it, but it is something they are studying, have looked at water treatment plants in the future and tried to maintain cash reserves and wished that they could site a landfill in Grand Forks or in our region, that nobody wants to raise rates and thinks on a daily basis how can we get all these projects done without affecting the rate payers. He stated that these projects are something they have to discuss and issues that we have to resolve and sometimes the impediments are beyond his control and beyond their control and do the best we can with the facts that we have out there.

Council Member Gershman stated one of the reasons we did this to have the security aside from the citizens of Grand Forks is the Air Base and this was reported to the Department of Defense that the City of Grand Forks was investing in this as part of our efforts to keep the Base, didn’t hurt that the City stepped up to do that. He stated re. lighting, that anybody that is in business knows that one of your best defense is lighting, great deterrent to crime, and preclude some activities; that this is a serious issue and is going to support this, and reminded everyone that this was part of base retention efforts.

Mayor Brown stated this was part of a policy discussion by council for 2.5 hours and the direction that Mr. Feland followed was the direction he was given as a policy. Mr. Feland noted that the Base’s secondary water source is the rural water source, but we are the primary source.

Council Member Kreun stated that most of this that is being done now was in the flood protection project but Mr. Feland took our dollars and that is part of the reason that we have $6.9 million left of our portion of the taxes, that maximized and leveraged our dollars with the federal dollars to reduce our cost, that we got some of the flood protection project with other federal dollars to match these at a reduced cost and didn’t cost us as much as we anticipated, thinks we want to continue with it, and if don’t do this particular project then can’t go on with Bid No. 3 because this is part of the base for Bid No. 3 as well. He moved for approval of the recommendation. Council Member Kerian seconded the motion.
Council Member Christensen stated that he wants you and citizens to be mindful of what has transpired since this was brought up, that this is only $400,000, and after awhile it starts to get real money, may have different sources and different pots of money but it is money we extract in the form of taxation, be it sales tax, property tax or a fee or a rate, that we did vote on this and had some discussions and actually the proposal was reduced, and believes this warrants comment because he thinks there will be a rate increase and future rate increases as long as we continue to start studying and continue to pursue all these projects, and after awhile it gets pretty expensive for the seniors, but can’t continue to have all these projects and sometime have to take a rest.

Upon call for question and upon roll call vote, the following voted “aye”: Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun – 6; voting “nay”: Council Member Brooks – 1. Mayor Brown declared the motion carried.

APPROVE AGREEMENT FOR PROJECT NO. 5983,
REHABILITATE PUMP STATION NO. 8

The staff report from the engineering department relating to design engineering services agreement for Project No. 5983, Rehabilitate Pump Station No. 8, with recommendation to approve agreement with Webster, Foster & Weston for design engineering services in the amount of $49,085.00.

It was moved by Council member Brooks and seconded buy Council Member Kreun 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.

APPROVE NAMING GREENWAY SOUTHEND BOAT
RAMP AS LINCOLN LANDING

The staff report from the greenway coordinator relating to naming greenway Southend boat ramp , Lincoln Landing, with recommendation to approve naming the greenway southend boat ramp as Lincoln Landing.

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

APPROVE BUDGET AMENDMENTS

The staff report from the police department relating to budget amendment with recommendation to bring unused COPS Interoperable Communications Technology Grant E2005INWX0012 funds, $4,865,565.41, into the 2006 budget

The staff report from the police department relating to budget amendment with recommendation for approval of the budget amendment in the amount of $80,000.00.

The staff report from the police department relating to budget amendment with recommendation to bring unused Department of Justice Block Grant #9 funds, $32,384.17, into the 2006 budget from cash carryover.

It was moved by Council Member Brooks and seconded by Council Member Kreun that these recommendations be approved. Carried 7 votes affirmative.

ACCEPT BID FOR PAYLOADER FOR STREET DEPARTMENT

The staff report from the director of public works relating to public works improvement, streets division payloader bid, with recommendation to accept bid for payloader as the lowest and best bid per the following bid tabulation: Krider Equipment in the amount of $173,606.00.

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

DECLARE PROPERTY AS SURPLUS IN CITIES AREA
TRANSIT

The staff report from the director of public works and superintendent of public transportation relating to surplus property, with recommendation to declare property for Cities Area Transit as surplus (variety of items).

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

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF COLUMBIA PARK 28TH
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to matter of request from CPS, Ltd. On behalf of Arthur Greenberg, Jr. for preliminary approval of the plat of the Columbia Park 28th Resubdivision being a replat of Lot 3, Block 1, Columbia Park Addition and unplatted lands south thereof to the city of Grand Forks, ND (located in the 4300 block of 36th Avenue South), with recommendation
To give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for April 17, 2006.

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

Council Member Gershman 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 Columbia Park 28th Resubdivision, Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

APPROVE SETTLEMENT OF ACQUISITION OF PROPERTY
FOR CONSTRUCTION OF FLOOD PROTECTION PROJECT

The staff report from the city attorney’s office relating to Grand Forks Flood Protection Project, acquisition of real estate from Suellen Bateman, with recommendation to approve settlement of City’s acquisition of property from Suellen Bateman necessary for construction of the Grand Forks Flood Protection Project for the total sum of $500,000.00 contingent upon obtaining LERRDS credit from the United States Army Corps of Engineers and agreement from United States Army Corps of Engineers construction contractor to construct redesigned pond at no additional cost to the City.

It was moved by Council Member Brooks and seconded by Council Member Kreun 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.
APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 06-07, dated March 31, 2006 and totaling $1,171,245.14, and Estimate Summary in the amount of $1,148,973.27, were presented and read.

It was moved by Council Member Gershman and seconded by Council Member Kerian that these ills be approved and the city auditor e 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 ordered paid.

APPROVE MINUTES OF MARCH 6, 2006

Typewritten copies of the minutes of the city council meeting held on March 6, 2006 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Gershman that these minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated that Manvel still needs some help sandbagging, and wanted to
thank Mark Aubol in street department for his assistance to the city of Warren on Friday, that he called with a need and got an immediate response from Mark to help them with some sandbags that they needed, that Warren is about 99% with their flood protection project, that on Friday Warren would have been under 3 feet of water if it weren’t for that project, and saved that city from being flooded.

1) Council Member Hamerlik congratulated Student Government at the University of North Dakota,
that last Friday evening they had their annual awards and banquet, that he and Council Member Kreun attended, and congratulations to outgoing president and the new president and vice president coming in, and it was very well organized, thanks to a good year.

2) Council Member Christensen stated it is time we get a summary of how much money we have
left in the Betterment Fund for the dike, and should begin the discussion regarding on-going greenway maintenance and management, put in place a source of funding for greenway maintenance but now begin the management of the greenway and who is going to manage it.

He stated that several meetings ago Mr. Glassheim referred the matter of Riverside Pool to the
finance/development committee and would like to have that meeting arranged and other items that should come before that committee, have an on-going issue on the licensing of single family dwellings for rental, that hasn’t been resolved, there are some citizens that have presented what they would like changed, not sure whether do that at a committee meeting or as a working session of the council. Mr. Duquette suggested they consider at a working session of the council. Council Member Christensen stated that they perhaps should extend the moratorium as quickly as possible, perhaps to May 31, and will reschedule the meeting to clean up the licensing ordinance and any other issues that may exist on ordinances that were passed.

3) Council Member Kerian thanked members of city staff who have been working hard over the
weekend, that flood fight doesn’t get done on 8:00 to 5:00 hours and appreciates that work that allows some of us to feel more comfortable.

4) Council Member Kreun stated regarding the greenway maintenance who will be controlling that,
Mr. Walker has brought that to them several times and they have been going on a one-year maintenance agreement and as flood protection project comes to a close, it will be brought back to the flood protection committee and then to this council for full information and a vote.

He stated he and Mr. Hamerlik were able to attend the Student Government Spring Banquet and that Mr. Hamerlik was acknowledged at Student Government banquet, Dr. Gordon Henry was the speaker and he indicated what a great job Mr. Hamerlik had done over the years and congratulated Mr. Hamerlik for those words from Dr. Henry.

5) Mr. Swanson reported that the Attorney General’s Office issued an opinion within the last two
weeks on campaign contributions and its application to local government races, that is available on the website and his office can also supply a copy.

ADJOURN

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

Respectfully submitted,


John M. Schmisek
City Auditor

Approved:
___________________________________
Michael R. Brown, Mayor