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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 6, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, July 6, 2010 at the hour of 5:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman, Christensen, Sande, Kreun - 7.

Cub Scout Pack No. 2 led the city council in the pledge of allegiance to the flag.

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 presented comments relative to items during the past week:
Thanks to Sertoma for a wonderful 4th of July, many events and great fireworks, and that the City participates with monies in our Events Fund to create this event that brings in thousands of people to our city and enhances our quality of life.

ADOPT ORDINANCE NO. 4297 AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON PLAT OF SIMPLOT
FIRST RESUBDIVISION

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 Simplot First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 17, 2010, was presented and read for consideration on second reading and final passage.

President Gershman opened the public hearing, there were no comments and the public hearing was closed.

Council Member Bjerke requested that a map of the area be included with these documents.

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

ADOPT ORDINANCE NO. 4298, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON PLAT OF HIGHLAND
POINT THIRD ADDITION

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 Highland Point Third Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 17, 2010, was presented and read for consideration on second reading and final passage.

President Gershman opened the public hearing, there were no comments and the public hearing was closed.

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

ADOPT ORDINANCE NO. 4299, RELATING TO SWIMMING IN RIVER AND COULEES PROHIBITED

An ordinance entitled "An ordinance amending Section 9-0307 of the Grand Forks City Code relating to swimming in river and coulees prohibited", which had been introduced and passed on its first reading on June 21, 2010, was presented and read for consideration on second reading and final passage.

President Gershman opened the public hearing, there were no comments and the hearing was closed.

Council Member Christensen asked what objective criteria do we have to allow swimming in the river, and if there was another way of doing it without changing the ordinance. Council Member Bjerke stated that the purpose was to allow at an event as requested by the Extreme North Dakota Adventure Race on September 4, 2010, and that it wasn't the intention to open up the river for swimming, point was for specialized event.

Howard Swanson, city attorney, stated that the ordinance prohibits swimming in the river and cannot be done, but in the draft ordinance left discretion with the city council, and would suggest that any review of the proposal would be seeking authorization to swim in rivers would be primarily related to a safety review or safety analysis and in this case the proposal that was presented provided not only people in the river in boats or other safety, including paramedics available, and is a safety issue.

Council Member Kreun stated there was information that was presented by the person requesting this, also met with the fire chief and he has his own concerns, and is sure the criteria will be as stiff the next time as it was this time to make sure the safety of the individuals who will participate; that there is a hold harmless agreement for this event holding the City harmless, and costs will be borne by this group, and called for the question.

Council Member Glassheim who was on teleconference stated the connection was so bad that it was too difficult to hear discussion by council members and disconnected his call. Council Member Christensen stated we don't have the technology here to allow council members who call in on cell phones - and that there should be something added to our budget to make sure when council persons call in on cell phones it will work.

Upon call for the question and upon voice vote the following voted "aye": Council Members Bjerke, Grandstrand, Gershman, Christensen, Sande, Kreun - 6; voting "nay": none. President Gershman declared the ordinance adopted.

REFER MATTER OF ORDINANCE RELATING TO
PROHIBITING TEXTING WHILE DRIVING TO
COMMITTEE

An ordinance entitled "An ordinance adopting Section 8-0528 of the Grand Forks City Code relating to prohibition of texting while driving and amending Section 8-0101 relating to definitions and amending Section 8-1503 relating to penalty", which had been introduced and assed on its first reading on June 21, 2010, was presented and read for consideration on second reading.

President Gershman opened the public hearing.

President Gershman stated there has been a tremendous amount of support for doing this but some comments were why not include in a distracted driving ordinance. Mr. Swanson stated difference between the two is that an ordinance that specifically prohibits texting while driving includes the presumption that is a dangerous act and is punishable and elements of that offense would be that the prosecutor needs to prove who is operating the car and that they were texting while operating - that with a distracted driving ordinance most will not specifically identify prohibited conduct but rather will describe that it is illegal or prohibited to drive while distracted and the prosecutor then has a third element, have to prove that they were driving a vehicle, that they were doing some act or omission while driving and that was a distracting act or omission. An additional element on a distracted ordinance is you do not identify what it is that constitutes distracted driving. There are a number of states or cities that have distracted driving ordinances or statutes and appear to be a growing number of states and cities that adopted specific prohibition such as texting or cell phone use or other specific activities - their advice would be depending on what you are trying to regulate or what type of conduct you are trying to address to be as specific as you possibly can - two separate ordinances and it is a policy decision and legislative decision for this body to make

There was some discussion by council members regarding the differences between the two issues - texting while driving or a distracting driving ordinance - that several members felt the ordinance didn't go far enough while others felt to focus only on texting while driving.

President Gershman closed the public hearing.

It was moved by Council Member Christensen and seconded by Council Member Bjerke to deny the ordinance - after further discussion the mover and second withdrew their motion and it was moved by Council Member Christensen and seconded by Council Member Grandstrand to send this back to service/safety committee for further review. Upon call for the question and upon voice vote, the following voted in favor of the motion: Council Members Bjerke, Grandstrand, Christensen, Sande - 4; voting against the motion: Council Members Gershman, Kreun - 2. President Gershman declared the motion carried.

ADOPT RESOLUTION VACATING UTILITY
EASEMENTS IN KORYNTA-LEMM 2ND AND 4TH
RESUBDIVISIONS

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility easements in Korynta-Lemm 2nd Resubdivision and Korynta-Lemm 4th Resubdivision, those parts of Lot 2, Block 1, Korynta-Lemm 2nd Addition and Lot 4, Block 1, Korynta-Lemm 4th Resubdivision to be platted as Lot 3, Block 1, Lee's Resubdivision, more particularly described as the east 10 feet of said Lot 2, Block 1, Korynta-Lemm 2nd Resubdivision, except the north 10 feet and the south 20.92 feet thereof, and the west 15 feet of said Lot 4, Block 1, Korynta-Lemm 4th Resubdivision, except the north 10 feet and the south 20.92 feet thereof, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

President Gershman opened the public hearing, there were no comments and the public hearing was closed.

It was moved by Council Member Bjerke and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution, which was presented and read: Document No. - Resolution. Carried 6 votes affirmative.

ADOPT RESOLUTION RELATING TO MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; AUTHORIZE
ISSUANCE OF REVENUE BONDS OR NOTES ON BEHALF
OF ALTRU HEALTH SYSTEM; AND AUTHORIZE EXECUTION
AND DELIVERY OF DOCUMENTS RELATING THEREOF

The city auditor reported that pursuant to instructions by the city council after having received request from Altru Health System on the proposal that the City issue revenue bonds under the North Dakota Municipal Industrial Development Act of 1955, North Dakota Century Code, Chapter 40-57, for the purpose of financing costs incurred by Altru Health System for the acquisition of certain real property and the renovation, remodeling and improvement of real property of the System's acute care hospital and medical facility located at 2100 South Columbia Road and at adjacent property thereto, with maximum amount of bonds proposed to be issued to refund the project is $30,000,000, the legal notice had been published giving notice to the public that the public hearing would be held this evening.

President Gershman opened the public hearing.

Dwight Thompson, Altru Health System, stated he was here to answer any questions the council or public might have.

Council Member Christensen stated that the City is assisting Altru Health System in getting a new bond issue. Mr. Thompson stated that the City has the authority through law for them to access tax exempt financing, there is a tax exempt corporation through the City as a vehicle to achieve that financing, however, the City is in no way liable for any of the interest, principal nor any of the costs.

There were no further comments and President Gershman closed the public hearing.

Council Member Christensen stated that there is no City obligation, does not affect City's bond rating, and moved the adoption of the resolution authorizing the issuance and to authorize proper City officials to sign the various documents which include the loan agreement and the resolution. Council Member Kreun seconded the motion.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Grandstrand, Gershman, Christensen, Sande, Kreun - 5; voting "nay": Council Member Bjerke - 1. President Gershman declared the motion carried.

ADOPT COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR YEAR ENDED DECEMBER 31, 2009
The staff report from the city auditor relating to the Comprehensive Annual Financial Report of the City of Grand Forks for the year ended December 31, 2009 and the Independent Auditor's Report, with recommendation from the Audit Committee to approve and accept the Auditor's Report and the CAFR and authorize final payment to Brady Martz and Associates, P.C., subject to final approval by the State Auditor's Office.

There were a number of questions relating to the CAFR and to the Alerus Commission management report raised by Council Member Bjerke which were discussed by the council.

It was moved by Council Member Christensen and seconded by Council Member Kreun that the motion of the Audit Committee be approved. Upon roll call the following voted "aye": Council Members Bjerke, Grandstrand, Gershman, Christensen, Sande, Kreun - 6; voting "nay": none.

APPROVE ASSESSMENT DISTRICT FOR PROJECT
NO. 4657.1, DISTRICT NO. 388.1, SANITARY SEWER
FOR NEWLY ANNEXED AREA IN FUTURE ASSESSMENT
DISTRICT

The staff report from the city auditor relating to Assessment District Project No. 4657.1, Johnson's 4th Addition Sanitary Sewer District No. 388.1 for newly annexed property in the future assessment district, properties are Lots A, B and C, Block 1, Johnson's 4th Addition, with recommendation to include newly annexed property within the special assessment district No. 388.1 and authorize subsequent assessment for Johnson's 4th Addition sanitary sewer project to newly annexed property.

Council Member Sande introduced a resolution creating the assessment district for Project No. 4657.1, District No. 388.1: Document No. - Resolution.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

APPROVE ASSESSMENT DISTRICT FOR PROJECT
NO. 4660.2, DISTRICT NO. 552.2, PAVING FOR NEWLY
ANNEXED AREA IN FUTURE ASSESSMENT DISTRICT

The staff report from the city auditor relating to Assessment District Project No. 4660.2, Johnson's 4th Addition paving (11th Avenue South/S. 40th Street/15th Avenue South), District No. 552.2 for newly annexed property in the future assessment district, property is a portion of Lot C, Block 1, McEnroe 2nd Resubdivision), with recommendation to include newly annexed property within the special assessment District No. 552.2 and authorize subsequent assessment for Johnson's 4th Addition paving project to newly annexed property.

Council Member Sande introduced a resolution creating the assessment district for Project No. 4660.2, District No. 552.2: Document No. - Resolution.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

INTRODUCE ORDINANCE RELATING TO USE
AND SALE OF BLANK CARTRIDGES AND SALE
AND USE OF FIREWORKS

The staff report from the city attorney relating to ordinance repealing Section 12-0303, 12-0304 and 120305 relating to manufacture, use and sale of blank cartridges and sale and use of fireworks, with recommendation to approve ordinance repealing sections.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

Council Member Christensen introduced and ordinance entitled "An ordinance repealing Sections 12-0303, 12-0304 and 12-0305 of the Grand Forks City Code relating to manufacture, use and sale of blank cartridges and sale and use of fireworks", which was presented, read and passed on its first reading.

APPROVE REFUND OF ALCOHOLIC BEVERAGE
PERMIT FEE FOR SUITE 49

A communication from Nick Brown, Brown Corporation stating that after trying unsuccessfully to find a business to transfer their liquor license and lease their building at 2950 10th Avenue North, formerly Suite 49, that they were withdrawing any further requests to have their liquor license transferred or extended, that their 2010 annual liquor license renewal had been paid, and were requesting the council to consider refunding half of their 2010 annual renewal fee.

President Gershman asked that he be recused from voting on this issue, and it was so moved by Council Member Christensen and seconded by Council Member Sande. Carried 5 votes affirmative.

It was moved by Council Member Sande and seconded by Council Member Christensen that a refund of fifty (50) percent of the annual license fee be refunded to Suite 49, LLC. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; President Gershman recused.

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 6474, DEMERS
AVENUE PAVEMENT REHABILITATION

The staff report from the engineering department relating to Cost Participation and Maintenance Agreement for Project No. 6474, DeMers Avenue Pavement Rehabilitation from Washington Street to 5th Street, with recommendation to approve the Agreement with the NDDoT; funding for the project will be a 90% State/Federal share and 10% local share; est. cost of the project $1,513,683 and City's cost share estimated to be $151,368, with City share paid from infrastructure Fund 2169.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 6567, SIGN REPLACE-
MENT AND INCIDENTALS ON US 2

The staff report from the engineering department relating to Cost Participation and Maintenance Agreement for Project No.6567, Sign Replacement and Incidentals on US 2 (Gateway Drive) from Niagara to Red River, with recommendation to approve the Agreement with NDDOT, funding is 100% federal/state share. If the City were to have additional signs replaced, funding would be 100% local share plus 10% for engineering.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

DECLARE OBSOLETE ELECTRICAL EQUIPMENT
AS SURPLUS AND AUTHORIZE SALE

The staff report from the engineering department relating to declaration of obsolete electrical equipment as surplus and approve the method of sale, with recommendation to declare the described equipment as surplus and authorize the advertising, sale and disposition of material by staff.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

APPROVE APPOINTMENTS AND REAPPOINTMENTS
TO VARIOUS BOARDS

The staff report from the Mayor's Office relating to reappointments and new appointments to various Building Inspections Department Boards (Board of Adjustments, Board of Appeals, Mechanical Board, Plumbing Board and Electrical Board), with recommendation to approve appointment to Building Inspection Boards.

Board of Adjustments (3 year term): Lynn Vreeland, Kent Anderson, Del Scholler, Jim Galloway, Mark Peterson, Larry Boltz (ex-officio: Mayor Brown, Bev Collings)
Board of Appeals (3 year term): Bob Klave, Ron Apanian, James Glick, Gene Youngdahl, Brian Carlson, Todd Blixt.
Mechanical Board (3 year term): W.F. Hastings, Jr., Terrence Grundysen, Gene Lill, Gregg Ehreth, Jim Fristad (ex-officio: Al Grasser, Kevin Storstad)
Plumbing Board (2 year term): Ed Krogfoss, Kurt Gamache, Kevin Lizakowski.
Electrical Board (2 year term): Mark Lothspeich, Greg Mattson, Brian Poykko, Deb Thompson.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

APPROVE SPECIFICATIONS AND SOLE SOURCE
PURCHASE REQUEST FOR DIGITAL IMAGING SYSTEM

The staff report from the police department relating to LOGO'S digital imaging system specifications and sole source request, with recommendation to approve specifications and sole source purchase of equipment in the amount of $30,205.00.

It was noted that this equipment is not only for the City but for regional response.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE SPECIFICATIONS AND SOLE SOURCE
PURCHASE REQUEST OF BOMB TRANSPORT SYSTEM

The staff report from the police department relating to specifications and sole source purchase of SID/TM bomb transport system, with recommendation to approve request for purchase of equipment in the amount of $49,121.77.

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

INTRODUCE ORDINANCE RELATING TO FATS,
OILS AND GREASE CONTROL

The staff report from the public works department relating to FOG Control Program ordinance language and monthly FOG service charge, with recommendation to adopt Article 8 of Chapter XV of the Grand Forks City Code relating to Fats, Oils, and Grease control (FOG); review and approval of monthly FOG service charge to be integrated on the February 2011 utility bill: $2.75 (grease interceptor), $11.95 (grease trap/interceptor), $71.58 (without device), and $2.89 (non-active).

It was moved by Council Member Sande and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance repealing Article 8 of Chapter XV of the Grand Forks City Code relating to enforcement; adopting Article 8 of Chapter XV of the Grand Forks City Code relating to fats, oils, and grease control; and adopting Article 9 of Chapter XV of the Grand Forks City Code relating to enforcement", which was presented, read and passed on its first reading.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 10-13, dated June 30, 2010, totaling $1,866,365.11 and Estimate Summary dated June 20, 2010 in the amount of $729,746.10, were presented and read.

It was moved by Council Member Bjerke and seconded by Council Member Sande 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 Bjerke, Grandstrand, Gershman, Christensen, Sande, Kreun - 6; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.

APPROVE MINUTES JUNE 21 AND JUNE 22, 2010

Typewritten copies of the minutes of the city council held on Monday, June 21, 2010, and on Tuesday, June 22, 2010 (final meeting of council and organizational meeting of council) were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Sande that the minutes be approved as read. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke requested if minutes of the Alerus Commission could be posted on website within period of 7 to 10 days after the meeting. It was suggested by Council Member Grandstrand to have e-mail sent within 10 days to approve minutes. Mr. Swanson stated in order to do that you would have to give notice (re. Attorney General's opinion last week that e-mail communication may constitute an open meeting), could meet electronically under City's Code but would have to be a published meeting with published agenda.

2) Council Member Christensen stated when receive these minutes, will refer to his committee and enumerate the issues that have been raised and try to address as many as can in the finance committee within the next 90 days and come back to council with a report in conjunction with the Alerus Commission management.

3) Council Member Kreun asked if the Alerus Commission could put out official minutes that aren't approved - the Alerus Commission meets once a month and minutes put out after approval by the Commission. Mr. Swanson stated that draft minutes are a public document in a draft state. Mr. Kreun stated if that is sufficient could be done.

ADJOURN

It was moved by Council Member Sande and seconded by Council Member Grandstrand that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
_____________________________________
Harold A. Gershman, President of City Council