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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 16, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 16, 2009 at the hour of 5:30 o’clock p.m. Present at roll call were Council Members Bjerke, McNamara, Glassheim (teleconference), Gershman (teleconference), Christensen (teleconference), Bakken, Kreun - 7; absent: none.

Due to the absence of Mayor Brown, President Gershman and Vice President Glassheim, it was moved by Council Member Bjerke and seconded by Council Member McNamara that Council Member Kreun be appointed president pro tem of the city council. Carried 7 votes affirmative.

President pro tem Kreun 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.

The presentation of the Abilene Award Application Book will not be presented until the March 23, 2009 committee of the whole meeting.

FLOOD PROTECTION UPDATE

Al Grasser, city engineer, presented an update of the flood protection for Grand Forks, and reviewed background information and information provided by the National Weather Services, with reports coming every two weeks. He reported there is 50% chance of exceeding 50.5 ft. for Grand Forks, 30% is 51.8, 10% of exceeding 54.6 and 2% chance of exceeding 60.6 ft. and this is based on 58 years of record; that we had a very wet fall, froze and water still there from the fall and put snow melt on top of that and that a lot of the water is coming from the Sheyenne River Watershed and the Wild Rice Watershed south of Fargo where there are big snowpacks. They are predicting major spring flooding for most of the Red River Valley - major flood stage for Grand Forks is 46.0 ft. and is major because it impacts the transportation facilities but well within our capability of handling.

The Weather Service will give 7-day forecasts once into the snow melt period. We are in a LaNina condition and traditionally will have some below normal temperatures and above normal precipitation and in our area looking at 1/2 to 1 inch of above normal precipitation, and southern areas is 1.5 to 2 inches above normal. He reported the top of the earthen levees is 60 ft., flood walls calculated at 63 ft., English Coulee Diversion channel takes water that used to come through Legal Drain 9 and English channel through town and there is a shut-off west of town so can divert that water into the channel so water can channel and go straight north. We have internal storm pumping stations with backup power and have better system to take care of rain events that may affect us while our gates are closed.

He reviewed estimated work should they raise our existing earthen levees, roadways, amount of materials
and time schedule, and est. cost to implement plan, $4 million and same cost to take things down; The Corps has stated that any soil placed on the levees is to be removed. He stated contractor has been hauling clay on top of the levee on sledding hill in Lincoln area and one borrow pit has been opened. Construction operations as of now are terminated and don't have contractor set up to do any additional areas now.

There were questions as to cost of work that has been done and cost of removal and funding. Mr. Grasser stated that work was probably $75 to $80,000, may take a similar amount to take it down and would defer funding to finance as thinks we have some options there - that at these levels we are not anticipating that we will get any assistance from the State or federal Government.

Question as to how to proceed from now: Council Member Bjerke stated would like weekly forecasts and if really believe need to raise the levees to 63, that there will be lot more issue than just the dikes and roads - hard time getting food into the city, etc. if Interstate closed to the north and south and all bridges closed - need to make determination and where want to go and how do this. Mr. Duquette stated he has been in contact with some of our emergency management people throughout the state to give us an overview of that situation. That they have put the Corps of Engineers on notice with correspondence related to request for technical assistance and financial assistance related to this matter and have done the required and necessary pieces of correspondence to this. He stated that he and Mr. Grasser and others need to develop some intelligence and information on this and at given notice may ask to call emergency city council meeting and provide information and get a policy decision from the council and give them a few days on this.

President pro tem Kreun stated we go through the process, take information, make decisions as conditions dictate and do everything we can to make sure that we keep the citizens in safe position.

ND LEGISLATIVE UPDATE

It was noted that Pete Haga, Community/Government Relations Officer, had e-mailed council with legislative update of information that took place in Bismarck last week, he was unable to attend tonight's meeting.

MATTER OF ALERUS CENTER'S FINANCIAL
STATEMENTS

The staff report from the finance department relating to the Alerus Center's financial statement for the year ended December 31, 2008, with recommendation from the finance department that the Alerus Event Center should prepare monthly and annual cash flow statement to reflect the sources and uses of cash. Also, the City should establish a policy for transfer of funds over and above that is already budgeted in the city's annual budget.

Council Member Bjerke recommended the motion, that the city finance department instructs the Alerus Event Center to prepare a monthly and annual cash flow statement to reflect the sources and uses of cash. Also, the City will establish a policy for transfer of funds over and above that is already budgeted in the city's annual budget by August 1, 2009. Council Member McNamara seconded the motion.

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

Council Member Gershman excused.

APPROVE APPLICATION FOR ABATEMENT OF
2007 TAXES AT 2621 MISTWOOD COURT

The staff report from the city assessor relating to application for abatement for 2007 taxes by Rudolph Berg, 2621 Mistwood Court, with recommendation to Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL/
COMMERECIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential/commercial buildings as follows: 13 South 4th Street; 5404 Belmont Road; 1114 5th Avenue North, 2226 Highland Court, 808 Belmont road; 819 Cottonwood Street; 329 North 48th Street, 1526 Walnut Street and 2009 13th Avenue North.

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

INTRODUCE ORDINANCE REVISING CHAPTER XV
OF THE GRAND FORKS CITY CODE RELATING TO
WATERWORKS AND SEWERAGE SYSTEM

The staff report from the environmental compliance/greenway manager relating to introduction of revisions of Chapter XV of the Grand Forks City Code relating to Waterworks and Sewage System, with recommendation to grant preliminary approval of the ordinance repealing and re-enacting Chapter XV of the Grand Forks City Code relating to Waterworks and Sewerage System and schedule the second reading of the ordinance on April 6, 2009.

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

Council Member Bakken introduced an ordinance entitled "An ordinance repealing and re-enacting Chapter XV of the Grand Forks City Code relating to Waterworks and Sewerage System", which was presented, read and passed on its first reading.

ACCEPT BID FOR ROTARY MOWERS FOR STREET
DIVISION

The staff report from the director of public works relating to Public Works Department - Streets Division rotary mowers bid #2009-06, with recommendation to approve bid of Street Division mowers as the lowest and best bid - Forks Equipment, $58,500.00.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE JOINT PROCUREMENT AGREEMENT WITH
FARGO METROPOLITAN AREA TRANSIT

The staff report from the director of public works relating to Fargo Metropolitan Area Transit/Grand Forks Cities Area Transit joint validating bus farebox, revenue and data collection system procurement agreement, with recommendation to approve the procurement agreement.

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


APPROVE AMERICAN RECOVERY AND REINVEST-
MENT ACT

The staff report from the director of public works relating to American Recovery and Reinvestment Act - Water and Wastewater Infrastructure DWSRF/CWSRF submittal projects. (Approx. $21.2 million total of which DWSRF projects total approx. $5.4 million and CWSRF projects total approx. $15.8 million).

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

APPROVE ND WARN WATER/WASTEWATER
AGENCY RESPONSE NETRWORK

The staff report from the superintendent of water relating to ND WARN Water/Wastewater Agency Response Network, with recommendation to participate in the ND WARN Program by signing the agreement for the Mutual Aid and Assistance.

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

TABLE MATTER OF PSAP CONSTRUCTION PROJECT

The staff report from the director of PSAP relating to consulting services for final design of the PSAP construction project, with recommendation to approve consulting services with ICON and Associates for final design of PSAP construction project in the amount not to exceed $87,400; approve consulting services from Elert's and Associates for final design of PSAP construction project not to exceed $25,000; for a total cost for final design not to exceed $112,400.

President Kreun reported that the city attorney had been directed to obtain an Attorney General's opinion regarding the use of 911 funds for construction and also waiting for an answer from the Senate side of the Legislature regarding the elimination of the twelve-year vote requirement re. use of 911 funds and asked that this matter be tabled until we receive that information.

John Warcup, assistant city attorney, reported that their office requested an attorney general's opinion on March 13, 2009 requesting clarification for the use of the 911 funds, and that when they receive a response they will inform the council of that opinion.
It was moved by Council Member Bakken and seconded by Council Member Bjerke to table this matter
until April 30, 2009 or until they receive information relating to the use of 911 funds. Carried 6 votes affirmative.

INTRODUCE ORDINANCE AMENDING GRAND FORKS
COMPREHENSIVE PLAN BY AMENDING GRAND FORKS/
EAST GRAND FORKS CENTRAL BUSINESS DISTRICT
PLAN (RIVER FORKS PLAN 1994)

The staff report from the Grand Forks-East Grand Forks MPO relating to the matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization to amend the Grand Forks Comprehensive Plan by amending the Grand Forks-East Grand Forks Central Business District Plan (River Forks Plan 1994) together with all maps, information, recommendations and data contained therein, with recommendation to give preliminary approval to the ordinance and to set a public hearing for April 20, 2009.

Questions were asked whether the council can accept this concept report or receive and file without any financial obligation of the city; and it was noted that the council has approved project concept reports or various activity reports and makes sense to look at those from a planning standpoint, specifically if they trigger other good things that need to happen from the community's standpoint. Council Member Glassheim stated it doesn't mean we are committed though we approve in concept but means as a general conceptual document we think this is the general direction of this area, but no commitment of city funds to accomplish anything in the plan, and to adopt the plan is not to commit dollars as we have control of those going forward.

It was moved by Council Member Bakken and seconded by Council Member McNamara that this recommendation be approved. Carried 5 votes affirmative, Council Member Bjerke voting against the motion.

Council Member Bakken introduced an ordinance entitled "An ordinance amending the Comprehensive Plan, amending chapter XVIII, Article 8, Comprehensive Plan, section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks Central business District Plan Update 1994", which was presented, read and passed on its first reading.

Council Member Christensen excused.

CITIZEN REQUEST

George Newton, 601 24th Avenue South, Grand Forks, ND, stated he has been resident of the city for over 50 years and no issues, but that he has issues in the county, that he has two farms and the English Coulee runs through both farms; one property is located in Ellendale Twp, Section 6, or one mile north of the English Coulee dam, and his other property is in Brenna Twp, Section 30, which is where the diversion ditch begins. That since the City built its own diversion ditch and installed a weir and gave it structure, the water moving through the Coulee has been unbalanced; and because of the urgency of the new melt and has an issue with the weir is asking for relief in the spring of the year, that during heavy runoff water is backing up in Section 30, and backs up all the way into Section 6 in Ellendale Twp. He stated he has been talking to the city engineer about this problem since the problem was first noticed and they have refused to cooperate with him, that he took these issues to Water Management and they confirmed agreement, and to the Grand Forks County Commissioners

President Kreun reported that incorrect to say that there had been no response, the City has taken the elevation shots at your request and have worked with the Corps of Engineers on how this was designed to make minimal or zero impact on the outlying areas, have a difference of opinion and possible solution can be worked out but do have requirements that we have to meet as well. He stated that they would take the information that Mr. Newton presented to the Service/Safety Standby Committee for review/consideration after the flood emergency - or the end of April./May.

APPROVE BILL LISTING

Vendor Payment Listing No. 09-06, dated March 12, 2009, totaling $1,512,370.00, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bjerke that these bills 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, McNamara, Glassheim, Bakken, Kreun - 5; voting "nay": none. President Kreun declared the motion carried and the bills ordered paid.

APPROVE MINUTES MARCH 2, 2009

Typewritten copies of the minutes of the city council held on Monday, March 2, 2009 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as read. Carried 5 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke stated that after talking with a contractor, commended Mark Walker, asst. city engineer, for being a watchdog on taxpayers money re. projects, and appreciates that and to pass that on to Mr. Walker.

2) Council Member Bakken stated we are coming into interesting times with the flood and with sales tax revenues and economy, this will be one of the times when we find out why we have reserve funds, and possibly wish we had bigger reserve funds.

President Kreun stated we gained a lot of information on the flood and will review that and do the best we possibly can to protect our assets.

ADJOURN

It was moved by Council Member Bjerke and seconded by Council Member McNamara that we adjourn. Carried 5 votes affirmative.

Respectfully submitted,


Candi Stjern for
Saroj Jerath, City Auditor

Approved:
________________________________
Curt Kreun, President pro tem