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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 1, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 1, 2010 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; absent: none.

Girl Scout Troop 2309 led the city council in the pledge of allegiance to the flag, Tammy Skari. leader.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown commented on various items during the past week and upcoming events:
He stated that he is proclaiming March 1-6, 2010 as Freedom Week for Sertoma International and read the proclamation. That there is luncheon tomorrow with four students to read their essays on freedom, one through three and a runner up.
Census is coming, that it is safe, easy and important and will have an excellent local census complete count committee that will work with specific groups, i.e., students, snowbirds and immigrants, and for every person missed the City loses $10,000 and important that everybody be registered.
Congratulations to our local Olympians, Jocelyn and Monique Lamoureux and congratulations to the Olympians who had local ties - Zach Parise who played with UND and scored the tying goal for the US and Jonathon Toews who played with UND and scored for Canada.

ACCEPT BIDS FOR 2010 FLOOD PREPARATION
ASSISTANCE, PROJECT NO 6530

The staff report from the engineering department relating to bids for Project No 6530, 2010 Flood Preparation Assistance, with recommendation to award contract to low bidder, Gowan Construction in the amount of $219,850.00.

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

APPROVE AGREEMENT WITH CPS, LTD. FOR
CONSTRUCTION ENGINEERING SERVICES FOR
PROJECT NO. 6405.1

The staff report from the engineering department relating to Construction Engineering Services Agreement for Project No. 6405.1 (STM-SU-6-986(089)093), Concrete Panel Replacement with Mill and Overlay on Cherry Street from 25th Avenue South to 47th Avenue South, with recommendation to approve Agreement with CPS in the amount of $103,728.00 for Project No. 6405.1.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR
PAVING PROJECT NO. 6101, DISTRICT NO. 642, AND
SEWER PROJECT NO. 6101.4, DISTRICT NO. 466

The city engineer's estimate of total cost of the construction of paving on South 48th Street from 16th Avenue South to 32nd Avenue South, and storm sewer and drainage on South 48th Street from 17th Avenue South to 32nd Avenue South in the amounts of $ and $ , were presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6101, District No. 7642, paving South 48th street from 16th Avenue South to 342nd Avenue South, and Project No. 6101.4, District No. 466, storm sewer and drainage on South 48th Street from 17th Avenue South to 32nd Avenue South, with recommendation to approve plans and specifications for Paving Project No. 6101 and for Sewer Project No. 6101.4, contingent upon review by the city engineer.

Council Member Gershman introduced the following resolutions which were presented and read: Document No. 9254 - Resolution and Document No. 9255 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Bakken that the recommendation be approved and that the resolutions approving the plans and specifications be adopted. Carried 7 votes affirmative.

AUTHORIZE ENTERING INTO UTILITY RELOCATION
AGREEMENT WITH NODAK ELECTRIC COOPERATIVE
FOR PAVING PROJECTS NO. 6101 AND SEWER
PROJECT NO. 6101.4

The staff report from the engineering department relating to Utility Relocation Agreement with Nodak Electric Cooperative for Project No. 6101, District No. 642, paving South 48th Street from 16th Avenue South to 32nd Avenue South, and Project No. 6101.4 District No. 466, storm sewer and drainage on South 48th Street from 17th Avenue South to 32nd Avenue South, with recommendation to authorize proper City officials to enter into an Agreement with Nodak Electric Cooperative on an actual cost basis not to exceed $60,000 to relocate utility in conflict with Paving Project No. 6101, and Sewer Project No. 6101.4, contingent upon review by city engineer and city attorney.

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

AUTHORIZE GRANTING EASEMENT TO GRAND
FORKS COUNTY WATER RESOURCE DISTRICT
. FOR OPERATION AND MAINTENANCE OF PORTIONS
OF LEGAL DRAIN #9, PROJECTS NOS. 6101 AND 6101.4

The staff report from the engineering department relating to easements to Grand Forks County Water Resource District for portions of Legal Drain #9 relocated during Project No. 6101, District No. 642, paving South 48th street from 16th Avenue South to 32nd Avenue South and Project No. 6101.4, District No. 466, storm sewer and drainage on South 48th Street from 17th Avenue South to 32nd Avenue South, with recommendation to authorize proper City officials to grant easement to Grand Forks County Water Resource District for operation and maintenance of portions of legal Drain #9 relocated onto City owned property, contingent upon review by city engineer and city attorney.

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

ACCEPT BIDS FOR POLICE VEHICLES

The staff report from the police department relating to 2010 full-size police package sedans, with recommendation to approve and award police vehicle bid from Nelson Auto Center, Fergus Falls, MN for 6 2010 Ford Crown Victoria police interceptors in the amount of $127,496.00.

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

APPROVE REHABILITATION OF VARIOUS
PROPERTIES THROUGH NEIGHBORHOOD
STABILIZATION PROGRAM

The staff report from the director of urban development relating to rehabilitation of 614 Seventh Avenue South, 606 Reeves Drive and 722 University Avenue, with recommendation to authorize award of bids to respective low bidders as follows: 614 7th Avenue South - $41,350 submitted by Tony Anderson Construction; 606 Reeves Drive, $41,525 submitted by Tony Anderson Construction; and 722 University Avenue, $8,500 submitted by Tony Anderson Construction.

Ray Dohman questioned use of taxpayer dollars to rehab these properties. Greg Hoover reported the City owns the buildings and have been acquired from banks, banks acquired through foreclosure as previous owners had been delinquent on their mortgages; and it was requirement of the Neighborhood Stabilization Program to bring properties up to Code so are safe sanitary housing, then sell to individuals. Mr. Hoover stated he would be happy to meet with Mr. Dohman for any further information. Mr. Dohman stated that would be acceptable.

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

APPROVE REDEVELOPMENT OF SEVERAL CITY
OWNED LOTS ON CHESTNUT STREET

The staff report from the director of urban development relating to redevelopment of City-owned lots at 1432, 1510 and 1517 Chestnut Street, with recommendation to approve proposals and convey lots per review committee's recommendations: a) accept proposal submitted by Patrick and Jane Hughes for construction of a two-story house with wrap-around front porch, unfinished basement and attached two-car garage including lot bid of $32,700, is $269,700. b) accept proposal from SCS Homes of a two-story house with wrap-around front porch, unfinished basement and attached two-car garage, est. sales price, including lot bid of $25,500, is $209,900 (subject to meeting garage setback requirement or obtaining an appropriate various and builder break up/soften north façade. c) accept proposal submitted by SCS Homes for construction of one-story house on a crawl space with front porch and attached two-car garage, est. sales price, including lot bid of $26,700, is $199,500 (subject to builder break up/soften north and south facades.)

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

DISCUSSION OF ALERUS CENTER COMMISSION STRUCTURE

Council Member Gershman reported that the Alerus task force had consensus on redoing the makeup of the Alerus Commission by suggesting a change to the ordinance to have 6 members at large, one appointed by the mayor and approved by council, one member from the city council and one ex officio member from the University of North Dakota, which would be a non-voting member. That he believes the city council should introduce an ordinance but Mr. Swanson should address the procedure and number of members.

Mr. Swanson stated he understood the intent of the recommendations to the city council and if they choose to introduce an ordinance, there would be six substantive changes to the current structure: 1) eliminate the current employment type qualifications of members of the general public; 2) increase members from general public from 4 to 6 members and would be voting members; 3) the University of North Dakota rep. would be changed to a non-voting member of the Commission; 4) the chair and vice chair have to be selected from the public members, representative of the UND and the city council member are not eligible to serve in those capacities; 5) there would be term limits of two consecutive terms placed upon the public members, that term limit does not apply retroactively but would apply to consecutive terms moving forward, the term limit does not apply to the UND member nor apply to the city council member; 6) any action taken by the Commission would require a vote of a majority of the voting members. He stated those are the proposed changes that would go into the ordinance and would take two readings of the ordinance, and if the council chooses to do so, would be able to give preliminary approval tonight., and would come back to council for final approval at the next meeting. He noted that the current ordinance establishes the staggered term with every two years as a rotation.

Mayor Brown stated he has had many applicants for the position on the Commission and in order to review the applicants that applied, would like to have a special city council meeting next week before the Committee of the Whole and would make the nomination at that time.

Council Member Bjerke questioned term limits, and should apply to all. Mr. Swanson stated his understanding was in discussion that it did not apply to the city council member and if you choose to do so, could but be aware that city council member doesn't have a term limit on your role as city council.

Council Member Kreun stated in role of consistency if do that, then should also look at all the positions that the council members hold, and if want to rotate who is chair of the council, chair of the safety/service committee and finance/development, and could rotate those also, and not be selecting one item because have hard feelings for that particular venue and that is what it is directed towards right now.

Mr. Swanson reported that the current Code provides for the appointment of various individuals, terms are staggered from a one, two or three year term and after the stagger is set, then more consecutive 3-year terms. The one appointment that is coming up is the existing appointment so that appointment would only serve for the balance of the term that remains.

Council Member Gershman moved the introduction of the ordinance with those changes. Council Member Christensen seconded the motion.

Mr. Swanson reported the ordinance would come back to council for final approval and if you chose to continue it or delay it, could do that, but this is preliminary approval with changes that were made and would come back two weeks from this evening.

Council Member Gershman stated to put the language on the committee of the whole and vote the following week and withdrew his motion - that it will be a consensus of the council to have the ordinance drawn up for the committee of the whole to review it and the following week will be preliminary approval. Mr. Christensen stated that the Mayor stated that the appointment is next Monday, and the mayor will have time to make other recommendations when get the ordinance in place.

Mr. Swanson stated that he has not conferred with the Mayor as to the selection of any individual to fill the current opening, however, the current qualifications of employment are still in place and would not be able to make an appointment of anyone that does not fulfill those current qualifications, as you have not repealed that ordinance nor have you amended it. He stated dates before you, could either call a special meeting of the council for March 8 or any other date and at that meeting could give preliminary approval and could give final approval the 15th of March - if waited until the 15th to introduce the ordinance would not be able to act on it until your first meeting in April.

Pete Haga reported that there are two positions open, one is the hospitality position but one looking at currently is Ms. Gerszewski's position which is a general position. The position that is open is at large and would like that position filled as general individual not specific one that is being changed by the ordinance.

Council Member Glassheim stated we are going to have a council meeting to confirm one appointment next Monday and going to introduce the ordinance, and week after can do the final vote - that this was discussed extensively at task force meeting and received written notice of the six items, and concerned about introducing the ordinance tonight out of courtesy to Mr. McNamara and Mr. Bjerke and work well if we have that at a special meeting.

Council Member Gershman withdrew his motion and moved to table this to a special session of the city council. Council Member Kreun seconded the motion. Carried 7 votes affirmative.

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of December 31, 2009, was presented for council's information.

CITIZEN REQUESTS


Ray Dohman raised question related to whether state statutes prohibit city attorney or council member from asking attorney general to start or conduct an investigation into a complaint, that he had raised that question to the attorney general and his office advised him there is no statute, and asked the mayor if he would instruct the city attorney to do so. Mayor Brown stated he would not. Mr. Swanson stated regardless of what the issue is he doesn't know under what jurisdiction the attorney general would exercise an investigation

Council Member Christensen called for point of order - that it is not appropriate that citizen comments or citizen requests come in and badger staff or interrogate the mayor; should show proper respect to the position and the people in the position.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 10-05, dated February 24, 2010, totaling $832,396.85 and Estimate Summary dated February 28, 2010 in the amount of $526,228.48 were presented and read.

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

APPROVE MINUTES FEBRUARY 16, 2010

Typewritten copies of the minutes of the city council held on Tuesday, February 16, 2010 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 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member McNamara congratulated Central Knights on state championship in hockey.

2) Council Member Gershman asked that the matter of committee structure be placed on the next committee of the whole agenda for discussion.

3) Council Member Kreun stated they have Service/Safety Committee tomorrow afternoon. Council Member Gershman stated over last couple years have seen council committee of the whole and committee structure evolve into more of a committee structure and are at a point where may want to have a discussion to see if want to continue the committee of the whole or go back to the committee structure and just meet as council - the Service/Safety Committee meeting tomorrow has 9 items and is becoming more substantive at the committee level, and has seen this in the last 6 months - and would like this put on the committee of the whole agenda for discussion next week.
ADJOURN

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

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor