Print VersionStay Informed


PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 6, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 6, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Opening the meeting were Emily Anderson and Kelsey Worth, students at Century Elementary and Twining Elementary, who were the first and honorable mention winners of the If I Were Mayor for a Day contest. Present at roll call were Council Members Bjerke, McNamara, Glassheim (teleconference), Gershman, Christensen, Bakken, Kreun - 7; absent: none.

Mayor Brown reported that April is the Month of the Military Child and that the pledge of allegiance to the flag was led by the Weeks family from the Grand Forks Air Force Base (Casey Weeks and his children, Bryce, Caitlin and Galina).

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:
That April 13 - 17 is Municipal Government Week sponsored by the ND League of Cities and have winners of the Mayor for a Day contest and Honorable Mention Mayor for a Day contest - Emily Anderson and Kelsey Worth read their essays. Mayor Brown presented each of the girls a gift from the City and that he would be visiting their classes.
Congratulations to Grand Forks Police Officer Jason Dvorak who was promoted from sergeant to lieutenant and thanked him for his service.
National Public Health Week is April 6 - 12 and thanked those who work in public health.

FLOOD PROTECTION UPDATE

Al Grasser, city engineer, presented brief power point showing current status as to river stages up and down the Red River, that a lot of the tributaries are at flood stage or below. We are now at 46.3 ft. and with the cold weather everything on a downward trend for the next week, later in the week some of the tributaries to the south will be rising because of anticipated melt for the second round. It has been difficult for the Weather Service to provide some guidance as to what second crest potential will be, have taken 58 years of data and run scenarios of past snowmelt events, last week talked about Grand Forks with 40% chance of exceeding 52 ft., forecast look fairly well - cold with moderate melting the rest of the week, with most of the snowmelt off by Sunday. Second crest will probably come the second half of April - 22nd or 23rd and that this is based off past historical floods.

The RR crossing opened last Thursday or Friday, the Sorlie Bridge has to be inspected prior to its opening and working with MNDOT and NDDOT - MNDOT is taking lead and plan is to take down a set of stoplogs possibly tomorrow so DOT's can get in with equipment prior to finalizing inspection, last week were in with sonar to determine if excess scour going on underneath the bridge and have passed that test, potential opening time might be Thursday with East Grand Forks making actual decision because their closure is lower than ours - with second crest will probably be closing it again.

As some work was done on the permanent dikes by raising the level and the Corps had stated that could not be left on the dikes, the question was asked if engineering could pursue that on Lincoln and Red Dot to see if Corps would agree to leaving those, would be beneficial for City if give approval on both, one or partial. Mr. Grasser stated their first priority was to see if they can leave what is there or minimize what has to be removed, that whatever we have to take down would be good to place it into another location rather than back in stockpile. He stated the Corps was firm that they didn’t want that additional dirt there, but would pursue that.

NORTH DAKOTA LEGISLATIVE UPDATE

Pete Haga, Community/Government Relations Officer, reported they are in the last 25-30 days of the Legislative session and that most of the bills are out of committee, either passed or if amended going to a conference committee. The City is focusing interest on bills remaining to have impact on our community - i.e., there are concerns with two extraterritorial zoning bills that are being worked on re. our authority and jurisdiction in the outer perimeter re. issues such as the landfill and some zoning regulations we have in place. There is work on issues such as BRIC funding and Centers of Excellence funding, those are coming out of appropriations committee this week and both look like they will be amended and will be going to conference committee as well. They are also looking at Dept. of Transportation funding bill, the Governor had originally included $120 million in the budget and now looking at perhaps $40 to $60 million for the transportation projects and to look at some of the stimulus funding. The local sales tax cap to 1.5% was killed; 2 delayed bills were introduced late and impact Grand Forks, one clarifies state law to prohibit special assessments on cemetery property and the other bill provides that political subdivisions pay utility relocate costs in any stimulus project or stimulus transportation project. The Governor's property tax proposal may be one of the last ones as they are going to hold onto that and leave for final vote.

Council Member Glassheim reported there was some discussion about whether to put property tax relief on the property tax bill or do the same as this time, put it on an income tax credit, and whether it is too large to sustain over 2, 3, or 4 sessions into the future if oil prices don't rebound significantly. There will be something of that magnitude passing - $295 million or about 75 mills.

It was noted by Council Member Kreun that there was confusion about the income tax credit with property tax as it only gave people that lived in the state of North Dakota the property tax relief, had to file a state income tax return to get the property tax relief, didn't give relief to out of state owners of property - and in his opinion is a good part of the bill. Council Member Glassheim stated that has been part of the discussion that instead of giving out of state people who own property here a tax break, it only goes to those who pay ND taxes and is an advantage of that, and how it will be delivered is still being discussed.

Council Member Bjerke asked if there was discussion about the fact that renters obviously get nothing from the property tax relief, and if they are going to place a hard cap on the school district and if 75 mills have to go down and if locked out, and re. the Park, the City and the County if concerns that some entities might raise it back up to take a part of that 75 back and negate what is supposed to be property tax relief.

YOUTH COMMISSION REPORT

Michelle Cleveland, Red River High School, stated she was on the core leadership group in the Youth Commission, which is composed of kids in the middle school and high schools of the community and that they have been meeting monthly to discuss concerns and produce positive enjoyable activities for the youth; their mission statement is a cooperative coalition of youth and adults working together to enhance the lives of Grand Forks youth. Projects working on have been surveys to get responses to questions regarding some of the activities they could do to better the community - one of the things they found from the responses was that kids wanted to help out by volunteering, another project was the Easter Egg Hunt at the Alerus on April 11. They are working on the middle and high school dance and work on details at Wednesday's meeting; and in the future plan to put on something similar to "Fill the Dome" but make it "Fill the Ralph" or "Stock the Hyslop" and trying to work with the community and put some of this together throughout the summer.

ADOPT ORDINANCE NO. 4260, AMENDING CHAPTER
XV OF THE CITY CODE RELATING TO WATERWORKS
AND SEWERAGE SYSTEM

An ordinance entitled "An ordinance repealing and re-enacting Chapter XV of the Grand Forks City Code relating to Waterworks and Sewerage System", which had been introduced and passed on its first reading on March 16, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the environmental compliance manager relating to second reading of the revisions of Chapter XV of the Grand Forks City Code relating to Waterworks and Sewage System, with recommendation to grant approval of the ordinance repealing and re-enacting Chapter XV.

Howard Swanson, city attorney, reported that preliminary approval had been given to the ordinance, that two amendments were made to the ordinance after the first meeting, one gave oversight authority to the director of public works in both waterworks and sewage, and the other amendment was a housekeeping matter, and that a motion be made incorporating the two amendments,

It was moved by Council Member Gershman and seconded by Council Member Bjerke to amend the ordinance to include the two amendments made to the ordinance, and to approve the recommendation. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

SUSPEND AGENDA TO INCLUDE ITEM RELATING
TO EXTENSION OF DECLARATION OF EMERGENCY
AND NATURAL DISASTER

Mayor Brown reported that by City Code his emergency declaration expires April 9 and can be extended by a resolution of city council and that with a second crest coming and continuing with the flood clean-up, he would recommend that the council pass a motion to extend our emergency declaration an additional thirty days.

Mr. Swanson reported that first the council would have to pass a motion to add this matter to the agenda.

Council Member Gershman moved that we suspend the agenda and add this item to the city council agenda, seconded by Council Member McNamara.
Council Member McNamara questioned the $1,000 fine that goes with the walking on the dikes, and if the State has a similar penalty. Mr. Swanson stated that the State does not have a statute that addresses being on the levees, but the $1,000 fine comes from the City Code, Section 23-0101, which sets forth that the penalty for any Code violation that is not specifically provided for, is $1,000 per incident and/or thirty days in jail; that when the Mayor issued the executive order he drafted it to specifically include City Code 23-0101, and that it is provided by State law. It was noted that the penalty is up to $1,000 and would be left with the discretion of the municipal judge, and that the judge has set the bond at $151.00.

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

EXTEND BOARD OF EQUALIZATION MEETING

The staff report from the city assessor relating to request to extend the City Board of Equalization from April 14, 2009 to May 4, 2009 at 5:30 p.m., was presented and read.

It was moved by Council Member Gershman and seconded by Council Member McNamara that the extension of the meeting be approved as requested. Carried 7 votes affirmative.

CONCUR WITH NDDoT TO AWARD BID FOR PROJECT
NO. 6144, REPLACEMENT OF STORMWATER PUMP
STATION NO. 187

The staff report from the engineering department relating to bids for Project No. 6144, Replacement of Stormwater Pump Station No. 187 located at Columbia Road and 32nd Avenue South, with recommendation to concur with North Dakota Department of Transportation to award contract to low bidder, Molstad Excavating, Inc., in the amount of $1,787,497.00 for Project No. 6144.

It was moved by Council Member Gershman and seconded by Council Member McNamara that this recommendation be approved and to concur with the North Dakota Department of Transportation in the award of the bid. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE COST PARTICIPATION, CONSTRUCTION
AND MAINTENANCE AGREEMENT WITH NDDoT
FOR PROJECT NO. 6341, TRAFFIC SIGNAL

The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 6341, Intersection of South Washington Street and 47th Avenue South traffic signal, with recommendation to approve the Agreement with the North Dakota Department of Transportation for Project No. 6341.

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

AWARD CONTRACT FOR PROJECT NO. 6438, 2009
SIDEWALK REPAIRS/LMI SIDEWALKS

The staff report from the engineering department relating to consideration of bids for Project No. 6438, 2009 Sidewalk Repairs/LMI Sidewalks, with recommendation to award contract to the low bidder, Quality Contracting, in the amount of $263,372.50.

Council Member Bjerke stated he has no problem with the project but concerned over using Highway Users as appropriate funding source for installation of the sidewalks in the Near Northside Neighborhood as he thinks we will be stressed for money in the next few years and should be funded with CDBG money.

Council Member Christensen stated that we could still approve the project and bid but find a different source of money to pay for the balance of the project, can do alleyways next spring; and that he would move to approve the bid but determine another source of funding for the project rather than Fund 2169.

Council Member Glassheim disagreed with the comments, as this was the result of an agreement several years ago with this money, $100,000 a year out of Highway Users, set aside for low income neighborhoods; and Urban Development and engineering have gone ahead with expectation that this money was available for low income neighborhoods. The plan was not to have it continue to be in the Near Northside Neighborhood but to move to the Second Ward and to the Near Southside and go ahead with the project as it is.

Fayme Stringer, 318 North 8th Street, stated she wanted to support getting this project finished, that they have been doing things to make their neighborhood a better place.

Al Grasser, city engineer, reported that if using CDBG money a certain set of bid requirements must be used in the bid proposals and were not included in this project because it was going to be paid for with local monies; that he has no issue with finding another funding source but if contemplating using CDBG money would have to reject bids for this project and rebid it with proper language.

It was moved by Council Member Gershman and seconded by Council Member Glassheim to approve the recommendation. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voting against the motion.

AWARD CONTRACT FOR PROJECT NO. 6350, 2009
CONCRETE STREET REPAIRS

The staff report from the engineering department relating to bids for construction of Project No. 6350, 2009 Concrete Street Repairs, with recommendation to award contract to low bidder, Tony Anderson Construction, in the amount of $153,524.10, and to return non-conforming bid to bidder unopened.

It was moved by Council Member Gershman and seconded by Council Member McNamara that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
AWARD BID FOR PORTABLE CAR FIRE TRAINER

The staff report from the fire department relating to award bid for portable car fire trainer, with recommendation to award bid to Fireblast 451, Inc. for portable vehicle fire trainer in the sum of $117,730.00.

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

APPROVE APPOINTMENT TO COUNTY PLANNING
COMMISSION

The staff report from Mayor Brown relating to Grand Forks County Planning Commission appointment, with recommendation to approve the appointment of Council Member Terry Bjerke as a representative of the Grand Forks City Council to the Grand Forks County Planning Commission.

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

APPROVE APPOINTMENT TO DOWNTOWN DESIGN
REVIEW BOARD

The staff report from Mayor Brown relating to appointment to Downtown Design Review Board, with recommendation to approve the appointment of Heidi Brenna as a member of the public with a professional background in history, architectural history and/or architecture for a term of three (3) years.

It was moved by Council Member Gershman and seconded by Council Member Bakken that we concur with the recommendation of appointment. Carried 6 votes affirmative, Council Member Bjerke voted against the motion.

APPROVE BID FOR FLEET VEHICLES FOR PUBLIC
WORKS DEPARTMENT

The staff report from the director of public works relating to Public Works Department fleet vehicle bid, with recommendation to approve overall bid for Public Works Department replacement fleet vehicles bid as per following and per bid #2009-10 Tabulation: (2) 4x4 1/2 ton flex fuel pickups for Water Distribution and Sanitation from Hatton Ford in the amount of $38,581.50; 2 4x4 3/4 ton pickups with plow package for Landfill and Wastewater Treatment from Hatton Ford in the amount of $45,222.70; and 1 front wheel drive compact SUV for Public Works from Hatton Ford in the amount of $19,527.85.

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

APPROVE BID FOR TRUCK FOR STREET DIVISION

The staff report from the director of public works relating to Public Works Department-Street Division tandem truck, box and hoist bid, with recommendation to approve bid as the lowest and best bid per Bid Tabulation: from Nelson International at $81,882.59

It was moved by Council Member Gershman and seconded by Council Member McNamara that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE PURCHASE OF BUSES FOR PUBLIC
TRANSPORTATION

The staff report from the director of public works relating to Public Transportation city bus purchase, with recommendation to approve purchase of two (2) New Flyer hybrid diesel city buses via an option bid with Washington, D.C. Metropolitan Area Transit Association or equivalent New Flyer hybrid diesel city bus bid option and two (2) New Flyer Standard diesel city buses via an option bid with State of Connecticut Department of Transportation or equivalent New Flyer standard diesel city bus bid option.

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

APPROVE EXTENSION OF CURRENT LINE OF CREDIT
WITH FANNIE MAE

The staff report from the director of urban development relating to Fannie Mae line of credit, with recommendation to authorize staff to request approval from Fannie Mae to extend the current line of credit for the Promenade affordable housing subdivision for an additional advance of $279,076.

Council Member Kreun reported that since the last meeting they have been able to obtain a partial loan on some of this from a local bank for cash flow and would withdraw the extension or advance of the $279,076 and would change the motion to read, authorize staff to request, subject to the city attorney's review, approval of documents, authorize mayor to execute a twelve month extension of the current line of credit with Fannie Mae for the Promenade Housing District. Council Member Bakken seconded the motion.

Howard Swanson, city attorney, reported that this evening he had been provided with a general outline of the terms but has not received loan documents from Fannie Mae and is supposed to close Thursday. He outlined and reviewed the terms of the loan. The motion's intent is that the mayor and appropriate city officials be authorized to enter into the loan agreement, including the collateral that they are requiring. He stated he is concerned given the two and one-half day timeframe

There were some comments that the Housing Authority was to pay costs so not any direct cost to the City; and that before proceeding with this and if anything questionable that the city attorney make the council aware of that.

Concerns were made by Council Member Bjerke about whether the City wants to continue in the housing business, and should get out of that business. Council Member Kreun stated that the City is not in the housing business, this was a pass-through loan that was made available for housing through Urban Development, the Housing Authority is not a part of the city, it is a quasi-public entity on its own, and this particular property will have enough equity to cover the loan, and the City is at risk because it is a pass-through to some degree but the Housing Authority is pledging that collateral and that they have enough collateral to cover the loan. The loan was $1.353 million and is down to less than $1.043 and have been able to pay down the principal as well as paying the interest; the report shows that there are 11 homes that are available for sale and estimated at $1.1 million and will sell for more than that, the City does have some risk but the Housing Authority is doing what the Housing Authority is supposed to do, provide entry level housing, the City is not in that business but the Housing Authority is and Fannie Mae made that money available 4 to 6 years ago for that purpose, we can't control what has happened to Fannie Mae and Freddie Mac but we can control what we have here and we have been very successful. At the end of one year assumes we can to get rid of Fannie Mae and Freddie Mac and agrees with that, their interest rates aren't even as good as what is in the public market and we will be pursuing that, that this is an interim loan for one more year to extend it to give us more time to work with local banks and will be pursuing that. He stated as spokesman for the Board of Housing Authority, it was their intent to refinance that with different financial institutions.

Council Member Christensen moved to amend the motion to have review in 6 months and in 9 months; seconded by Council Member Kreun. Mr. Swanson stated he understands the motion to amend and asking for reports to the committee but that is not a requirement of the loan documents. The motion carried 7 votes affirmative.

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

APPROVE EXTENSION OF EMERGENCY DECLARATION

Howard Swanson, city attorney, stated under the provisions of Section 2-0301 of the Grand Forks City Code, the Mayor had declared a state of emergency and disaster, which is only valid for a period of up to thirty (30) days unless extended with the approval of city council; his recommendation given the prediction for the second crest and the necessary clean-up is that the council adopt a motion which would approve the extension of the emergency declaration beginning April 9, 2009 for up to an additional thirty (30) days to be rescinded at the discretion of the mayor and to approve the extension of existing mayor's emergency orders up to an additional thirty (30) days beyond April 9, 2009 at the discretion of the mayor.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this extension be approved as noted. Carried 7 votes affirmative.

INFORMATIONAL ITEMS

The 2008 Annual Storm Water Report from the environmental compliance manager was presented as an informational item.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 09-07, dated March 26, 2009, totaling $1,769,152.37 and Estimate Summary dated March 31, 2009 in the amount of $399,023.15, were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Gershman 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 MARCH 16, 19 AND 30, 2009

Typewritten copies of the minutes of the city council held on Monday, March 16, 2009, and of the minutes of the special city council meetings held on Thursday, March 19, and Monday, March 30, 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 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Glassheim reported that the legislature is starting to talk about dollars for flood and flood clean-up, may be that we don't qualify but if Mr. Haga or Mr. Grasser would contact him if they want him to have any input into that process about Grand Forks' need.

2) Council Member Bakken reported that he toured the dike along with a police officer and was impressed with the way it was working, citizens can be confident in the system we have, and would like to thank the former council members that worked on this, and thinks we are very fortunate.

3) Council Member Kreun stated we owe the Corps of Engineers a lot of thanks, that system cost a lot of money but was worth it to have the security that we have; that FEMA has been very good to us as well and make sure that we thank those individuals along with citizenry making those sacrifices. Our relationship with the County and EOC and sandbagging effort was hectic the first day but after went very smoothly and appreciate relationship we are building with the County. Because of activities that have taken place, there will not be a service/safety committee meeting tomorrow.

4) Council Member Gershman stated had lot of comments by people in Grand Forks on how secure they are feeling, business continues with a lot of things happening around us - but remember what we went through and the price that we paid, emotionally and financially. The dike system paid for itself in this event. He also noted that the President has declared that under the disaster declaration people have another month to file their income tax, and that people should check to see if they qualify.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor