Print VersionStay Informed

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 15, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 15, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman (teleconference), Christensen, Bakken, Kreun - 6; 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.

Mayor Brown commented on various items during the past week and upcoming events:
Our community received incredible news on Friday with announcement of $1 million grant from Knight Foundation to help support and energize the Near North Neighborhood. He thanked Greg Hoover, Katie Osborne in office of Urban Development for their leadership and drive and in addition worked with Community Foundation and UND Center for Community Engagement, extremely committed partners and valuable team members, and Statesman Glassheim and leaders from the neighborhood. Thanks to Knight Foundation.
ArtFest surpassed expectations and is one of events worthy of our community, draws people from all over to this area, thanks to organizers, committee members and volunteers and to members of city staff from Streets/Sanitation, Greenway, Police Department, Health and Public Information. Public Information has issued just under 200 special event permits for the summer.
Grand Cities Soccer Tournament and is one of biggest draws for the community, this years tournament attracted 75 teams and thousands of visitors to the area. Congratulations to organizers.

ADOPT RESOLUTION VACATING PUBLIC UTILITY AND
PRIVATE ROADWAY EASEMENT IN LOT 2, BLOCK 1,
PERKINS SIXTH RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a public utility and private roadway easement on land platted as Lot 2, Block 1, Perkins Sixth Resubdivision, being all of the northerly 30 feet of said Lot 2 except the easterly 361.70 feet (located at 3880 South Columbia Road), 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.

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

It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest to the proposed vacation and introduce and adopt the following resolution, which was presented and read: Document No. 9218 - Resolution. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 4264, AMENDING STREET AND
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON REPLAT OF LOT 2, BLOCK 1, PERKINS
SIXTH 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 Replat of Lot 2, Block 1, Perkins Sixth Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 2009, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published as required and that to date no protests or grievances had been filed with her office.

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

Brad Gengler, city planner, stated that in giving final approval to the Street and Highway ordinance, staff has been in discussion with people from Development Homes and through the approval of the ordinance what will be accepted on the plat as dedicated right of way is a 5 ft. additional piece of roadway and is going from 50 to 55 ft. of dedicated roadway from the centerline and another 20 feet of a roadway utility and sidewalk easement. Development Homes has concurred with that plan.

It was moved by Council Member Kreun and seconded by Council Member Bakken that clarification be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE
NO. 4265, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF BORDER PATROL STATION 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 Border Patrol Station Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 2009, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published as required and that to date no protests or grievances had been filed with her office.

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

Brad Gengler, city planner, reported that after the last Planning and Zoning Commission meeting staff met with local homeowners as well as developer and came up with punch list of questions and concerns, that some of the things that they discussed were landscaping and aesthetics, today he and a representative of the Park District had a teleconference with one of the developers and have a good course of action on how to design the landscaping, the soil is different than some of the areas closer to the city, there were some other issues with lighting as neighbors had concerns of lights in the parking lot, protruding or shining over the roadway and were going to be designing lights that shine down rather than outward.

Council Member McNamara reported present.

Council Member Bjerke stated there were questions about the utilities. Mr. Gengler stated the developer has been working with the Rural Water reps. and the property owner who is located on the other side of the street to work out any discrepancies or questions re. capacity, etc.; that he hasn't received any formal notification but it was discussed that we would like a letter from Rural Water provider indicating that the project won't cause an undue hardship on the water capacity. Tonight we are approving the plat of the property and the rezoning of the property, but that the site plans and development documents are still under review and will be handled administratively, and these points would be addressed before a building permit would be issued.

The staff report from the Planning and Zoning Commission relating to request from Webster, Foster, Weston on behalf of Muriel I. Saumur for final approval of the plat of Border Patrol Station Addition to the city of Grand Forks (located at 1816 17th Street NE), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of the ordinance and access variance.

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

Upon call for the question of adoption of this ordinance 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.

ADOPT ORDINANCE NO. 4266, AMENDING ZONING
MAP TO INCLUDE ALL OF BORDER PATROL STATION
WITHIN THE BORDER PATROL STATION PLANNED UNIT
DEVELOPMENT DISTRICT

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from A-1 (Agricultural Preservation) District and to include within the Border Patrol Station Planned Unit Development (PUD), Concept Development Plan, for all of the Border Patrol Station Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 2009, and upon which public hearing had been continued until this evening, 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 Planning and Zoning Commission relating to request from Webster, Foster, Weston on behalf of Muriel I. Saumur for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) District and to include within the Border Patrol Station Planned Unit Development (PUD) Concept Development Plan, all of Border Patrol Station Addition to the city of Grand Forks (located at 1816 17th Street NE), with recommendation to give final approval to the ordinance.

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

Upon call for the question of adoption of this ordinance 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.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING AND STREET LIGHTING DISTRICT NO. 638,
PROJECT NO. 6335

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving and Lighting District No. 638., Project No. 6335, construction of paving and street lighting in an area along Desiree Drive north and west to the beginning of Lot 24, Block 1 and along the west lot line of Lot 1, Block 2 on Courtyard Drive in Shadyridge Estates 8th Resubdivision and Shadyridge Estates 6th Addition, had expired on June 11, 2009, and that she had received no written protests.

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

Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 9219 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest against Paving and Light District No. 638, Project No. 6335, as no protests were filed and further that the resolution be adopted. Carried 7 votes affirmative.

APPROVE ABATEMENT OF 2008 TAXES ON PROPERTY
AT 822 13TH AVENUE SOUTH

The staff report from the city assessor relating to application for abatement for 2008 taxes by Michael Brotherton, 822 13th Avenue South, with recommendation to Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved, and further that we adopt the finings, conclusions and recommendations as prepared by the city attorney. 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.

APPROVE ABATEMENT OF 2007/08 TAXES ON PROPERTY
AT 2324 8TH AVENUE NORTH

The staff report from the city assessor relating to applications for abatement for 2007 and 2008 taxes by Arnold and Bonnie Bartelson, 2324 8th Avenue North, with recommendation to Board of County Commissioners that the applications be approved as submitted.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved, and further that we adopt the finings, conclusions and recommendations as prepared by the city attorney. 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.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6432, DISTRICT NO. 465

The city engineer's estimate of total cost of the construction of sanitary sewer on South 48th Street from 17th to 32nd Avenues South in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6432, District No. 465, sanitary sewer on South 48th Street from 17th to 32nd Avenue South, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 9220 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

APPROVE SIDEWALK LOCATION LIST NO. 1, PROJECT
NO. 6348

The staff report from the engineering department relating to Sidewalk Location List No. 1 for Project No. 6348, 2009 Sidewalk Repair and Installation, with recommendation to approve 2009 Sidewalk Location List No. 1.

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

REFER BIDS FOR PROJECT NO. 6303, RECONSTRUCTION
OF PORTION OF ENGLISH COULEE SHARED USE PATH
TO FINANCE COMMITTEE

The staff report from the engineering department relating to bids for Project No. 6303, reconstruction of English Coulee Shared Use Path from 24th to 17th Avenues South, with recommendation to award contract to low bidder, Strata Corporation, in the amount of $258,614.36 for this construction; and to approve use of $45,000 from Fund 4108 Bikeway Capitol Projects to fund a portion of the local cost share of this project.

Al Grasser, city engineer, reported after discussions with Mr. Staley and Mr. Hutchison that the Park District did not have a special meeting so haven't actually moved on that on a formal basis, is important to award the project because the City's name is on the federal grant but if a financial hardship for the Park District, perhaps a 3-year loan might be in order. The additional cost for the Park District is $45,000 and that is what they are requesting from the Bikeway Capitol Projects Fund.

Council Member Gershman moved that we approve this recommendation contingent upon the Park District obtaining a loan from the City, a 5-year loan with low interest, to move this project forward. The motion died for lack of a second.

Council Member Christensen moved that we make a loan to the Park District for 3-years and charge interest equal to the rate we are receiving on our portfolio. Council Member Gershman seconded the motion.

Howard Swanson, city attorney, advised that the City cannot technically enter into a loan agreement but can enter into a joint powers agreement for the payment of the improvement which would provide for advance of funds by the City and retirement of those funds, and would ask that the motion be amended to authorize proper City officials to execute a joint powers agreement for the payment of the construction costs for the reconstruction of the joint used path which would provide for the Park District to repay the funds received or advanced by the City within the period of time under the terms Mr. Christensen stated. The mover and second agreed to the amendments to their motion.

Council Member McNamara stated he had discussions with several of the members of the Park Board and was told they don't need a loan, that if it is the reconstruction of the bikepath and not simple maintenance, do we have an obligation to pay for a portion of it, doesn't feel that he has enough information and would like us move this to finance committee and bring back in week or two.

John Staley, Park District, stated this trail was construction in the late 1980's and constructed out of asphalt, not long after some was replaced with concrete, and this has been problem of the trail; that they entered into agreement with CPS Engineering last April to study the project and at that time est. cost was $223,000, that the Park District budgeted $60,000 as it share for the match and that amount now is $151,000 and with that increase in the amount and are trying to find that money. The approach to the City for the difference was based on a suggestion by Council Member Christensen who attended a recent meeting and brought up the fact that some of that increase could be absorbed by the City Biketrail Fund and that Fund has in the past been used to help reconstruct segments of the city bike trail so seemed appropriate, and that increase in the bid came about as part of the whole stimulus federal dollars coming down for infrastructure and contractors were bidding higher. He stated their Board has not met and no determination made whether they would want to participate on that additional amount of money, and that they do have time to look into it and favor Mr. McNamara's comments that it go back to committee and work together to see what the Board is doing and come back later. He said that the original agreement when bikepaths got started in late 1970's was that trails would go on Park property and handled by the Park Dist., but the City took the bike trail fund - Park Dist. owns this area plus some other segments, shorter and this is the largest.

It was noted that the cost of the project is $299,600, with City putting in $148,00 in federal money, with escalated project cost of $151,000 for the Park District, however, the Park District had $60,000 budgeted for the bikepath with difference of $45,000.

Council Member Christensen and Council Member Gershman withdrew their motion

It was reported by Mr. Grasser that bids were opened on May 15 and contractor was obligated to hold his bid for 30 days, but have had communication with him and he is willing to hold the bid for 45 days after May 15, which is June 30 or July 1, and also noted that this is last regular council meeting until July 6. Contractor is Strata Corporation. The Park District will be meeting this coming Thursday, and could have a special council meeting with committee of the whole next week.

Mr. Swanson stated another approach they could take, the council could award the contract and approve the bid contingent upon approval by the Park District and request they act on Thursday and could respond to that and that way give affirmative action on the bid, unless that places the Park District in precarious situation.

Council Member Christensen asked if they could hold a special meeting of the council at the next committee of the whole meeting; Council Member McNamara agreed with that and that the finance committee could meet prior to that.

There was some concern that as the grant is in the City's name and if decision is not made to follow through with it, puts a high value on trying to maintain our level of integrity and thoroughness with the DOT. The money cannot be moved, if it isn't spent on this project, it goes away - put substantial amount of our credibility and effort with the State on this particular project.

Council Member Christensen and Council Member Gershman withdrew their motion and second.

Council Member Christensen moved to defer this matter until next Monday night at a special council meeting to make our decision based upon what the Park District decides. Council Member Gershman seconded the motion.

Council Member Glassheim questioned what the Park District is going to discuss if they don't know what we are willing to do as we are going to meet after their meeting an don't know what we are offering.

Council Member Christensen stated what we are offering is that we had $148,000, our grant from federal government, and are going to allocate it to the Bikeway, there was a shortfall, they have $60,000 in their budget, and are short $90,000, and Mr. Walker suggested we go 50/50 on that and that is where we got the $45,000 and are going to lend that to them at low interest payable over 3 years. That is what is before them, whether they want to accept the $45,000 and come up with another $45,000 out of their budget. Mr. Glassheim stated he would be willing to take it out of our Bikeway Fund as we have some responsibility for it, give it to them since it is significantly higher than what they thought they were in for.

Mike Korman, CPS, project manager, stated this project will be concrete and constructed at higher quality than currently, the cost came in higher than estimated, difficult to estimate this project because of access restrictions in this area and there is a premium to be paid just to be able to get materials and equipment into the area. He stated there is quite a bit of work this year with the stimulus projects and that might have an impact on the contractor's bids.

Mr. Christensen stated he didn't think this was the best location for a 10-ft. wide concrete bikepath, maybe a little bit heavy for the soils stability as right along the Coulee. Mr. Swanson stated he walks that bikepath 3 times a day, what happened with the original bikepath is twofold: they put asphalt without preparation and didn't sterilize the soil, the growth is coming through the asphalt and breaking it up, the 10-ft. concrete path that was put in 3 years ago has held very well, and in this location where this replacement is, is up from the Coulee, so don't have soil stability problem but deterioration of the asphalt path that was put in is due to (done on the cheap to begin with) and when it was deteriorating it was cold patched and that hasn't held up - but what he observes but finding crumbling of the product that is there.
Mr. Staley stated that we budgeted $60,000 in January and now into 2009 and saw that there would be an increase and accept that, the increase from the $60,000 to $90,000 and knew we would have to come up with that out of reserves and knew that increase - what has happened in May with the big increase has been an issue. Basically what we heard from Mr. Grasser is that the Park District is short $51,200 in light of the agreement we signed in January, 2009 and if they are short that, we will advance $5,000 and lend them the $45,000 - we have to see what they want to do.

Mayor Brown stated our name is on the bid, we have a relationship with the DOT that we have to maintain and if we don't carry through with this project, we lose credibility with the DOT, and our choices are very limited in this situation.

Council Member McNamara stated his conversation with Mr. Hutchison and Mr. Bollman is that they don't need a loan from us and if they have to cash flow it, they can and this whole discussion about a loan is unnecessary, the question is based on our contractual agreements, based on the fact that this is the reconstruction of this biketrail given the soft soil, is it a reconstruction of the bikepath, if it is, do we have an obligation to participate, if the answer is no, then it is a Park District thing and is their issue, and would like to see us meet after the Growth Fund meeting on Wednesday, and that the Park District won't meet until Thursday

Christensen stated we will meet on Wednesday and that the Park District won't meet until Thursday.
The motion is that the finance committee will meet on Wednesday, Council Member Gershman agreed to that..

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

APPROVE BUDGET AMENDMENT AND APPROVE
HIRING OF TWO ADDITIONAL POLICE OFFICERS

The staff report from the Police Department regarding budget amendment, funding sources for two additional police officers effective on or about July 2009, TSA Funds, with recommendation for approval of the budget amendment, approval of hiring two additional police officers.

Council Member Gershman stated that we do not have a bilingual Spanish speaker on the police force and if going to hire two, perhaps consider making that one of the qualifications, that he understands when there are issues involving Spanish family that many times the children are the ones who are doing the translation, and that would be his recommendation for the police department. Chief Packett stated that a recent hire that they will be hiring the 29th of this month is bilingual, not only in Spanish but Arab and English, and will more than meet the preliminary wishes of the council as they go into this endeavor.

Ray Dohman, rural Grand Forks, stated that on June 8 he stated he was in opposition to the Grand Forks Police Department's request for additional funding to hire new police officers, that the police department has too many police officers now, and to support his statement used the fact that the Grand Forks Police Department used police women to engage in social conversations with young people on the internet, that Chief Packett spoke and claimed that those policewomen were not Grand Forks City policewomen but employees of the ND State Crime Bureau, he checked out the internet luring case and the information related to it, was in the Grand Forks Herald, 10/10/08 and says "…chatted on line several times with a Grand Forks police officer who was posing as a 14-year old", and asked Chief Packett to respond to that. Chief Packett said as they stated before and as the article indicates, Grand Forks police officers do assist the BCI and the federal government periodically on these types of cases but don't actually go out and solicit the cases ourselves, do have officers that are trained in this regard to assist the BCI. In these particular cases we were asked to assist and they were Grand Forks police officers assisting at that time and thinks statements in the past and today are consistent in that regard.

It was moved by Council Member Gershman and seconded by Council Member Bjerke to approve the staff recommendation.

Chief Packett stated the positions they are talking about this evening would be effective this July, 2010 would be a separate issue for council to consider at that time; that $13,000 is for a 12-month period. The reimbursement is $104,000 and our actual cost is $13,000 above that, and what have done in the past has come out of special Events 2163.

After further discussion Council Member Gershman and Council Member Bjerke withdrew their motion.

Council Member Christensen moved that we approve the recommendation relating to budget amendment relating to TSA, Special Police Services, and that the Airport Authority pick up the shortfall of $13,000. Council Member Bjerke seconded the motion. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

AWARD CONTRACT FOR PROJECT NO. 6297,
RESIDUAL STORAGE PONDS SLUDGE REMOVAL/
DISPOSAL

The staff report from the director of public works relating to consideration of bids for Project No. 6297, Residual Storage Ponds Sludge Removal and Disposal, with recommendation to award a construction contract to Oros and Busch Application Technologies for the amount of $415,700.00.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. 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.

APPROVE MUNICIPAL SOLID WASTE LANDFILL
CLOSURE RESOLUTION

The staff report from the director of public works relating to existing Municipal Solid Waste (MSW) Landfill Closure Resolution, with recommendation to request the Grand Forks Regional Airport Authority in conjunction with the Federal Aviation Administration and North Dakota Department of Health to allow the City of Grand Forks to continue to dispose of Municipal Solid Waste (MSW) at the existing MSW landfill with the continued use of appropriate bird control/mitigation strategies until the new MSW landfill is scheduled to be substantially complete on or around October 15, 2009.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. 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.

APPROVE TEMPORARY AGREEMENT FOR USE OF
CITY OF FARGO LANDFILL

The staff report from the director of public works relating to temporary agreement for use of City of Fargo landfill, with recommendation to approve draft temporary agreement for use of city of Fargo landfill, subject to final review by the city attorney's office.

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

APPROVE RETROFIT OF BALER

The staff report from the director of public works relating to consideration of EnviroBale bag system baler retrofit proposal, with recommendation to authorize Public Works Department to retrofit the second baler with an EnviroBale bag system in the amount of $99,000.00 based upon the proposal from EnviroBale dated May 29, 2009.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. 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.

AWARD CONTRACT FOR PROJECT NO. 6421, RECON-
STRUCTION OF PORTION OF NORTH 69TH STREET AND
54TH AVENUE NORTH

The staff report from the director of public works relating to consideration of bids for Project No. 6421, reconstruction of North 69th Street between 27th and 54th Avenues North and 54th Avenue between North 55th and 69th Streets, including grading, drainage, roadway construction and other related work, with recommended council action: 1) Bids for Project No. 6421 were opened on June 9, 2009 and the lowest and best bid is Robinson Excavating, Inc. in the amount of $1,492,181.29. 2) The estimated construction cost ($1,492,181.992) and associated engineering cost ($270,150.00) of approximately $1,762,332.00 will be shared equally among the following Enterprise Funds as follows: Sanitation ($587,444), Wastewater ($587,444) and Water ($587,444). 3) If needed, authorize the use of Water Enterprise Fund cash funds for interim financing for the design and construction activities. If used, the Water Enterprise Fund cash funds will be reimbursed, once the roadway project is complete, with an appropriate Revenue Bond and/or other financing proceeds related to the entire new landfill and roadway improvement projects. Because the roadway reconstruction will benefit the Sanitation, Wastewater and Water Divisions, the design and construction costs will be shared among the three divisions.

Council Member Glassheim asked if we should go ahead with awarding bids before we have a signed contract or make them contingent upon that. It was noted that the City does not have a signed contract, that Mr. Swanson and Mr. Warcup have been working with the attorney for the seller and Mr. Warcup has some decision points on the contract. Mr. Feland stated that they would make it contingent upon all final acquisitions and permits on this item along with the next item re. new solid waste landfill.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that we approve the recommendation and accept these bids contingent upon final approval of the acquisition of the land contracts and permits. 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.

AWARD CONTRACT FOR PROJECT NO. 6423, NEW
SOLID WASTE LANDFILL

The staff report from the director of public works relating to consideration of bids and construction phase service consulting agreement for Project No. 6423, New Solid Waste Landfill, with recommendation: 1) The bids for Project No. 6423, New Solid Waste Landfill were opened on June 11, 2009 and the apparent lowest and best bids are as follows: Schedule B General - $5,041,730.00 (Veit Companies, Rogers, MN); Schedule B Mechanical - $130,150.00 (Lunseth Plumbing and Heating, Grand Forks); Schedule B Electrical - $206,194.00 (Rick Electric, Fargo) for a grad total of $5,378,074.00. 2) Construction and Warranty Phase Service Consulting Agreement with Burns & McDonnell Engineering Company, Inc. for Project No. 6423, New Solid Waste Landfill, in the amount of $838,720. 3) The estimated construction cost ($5,378,074.00) and associated engineering cost ($838,720) of approximately $6,2126,794 will be distributed between the Sanitation and Wastewater Enterprise Funds as follows: Sanitation ($5,591,098) and Wastewater ($625,696). 4) The new landfill and associated development costs were estimated in January 22, 2009 and June 11, 2009 as follows: January 22, 2009 - Sanitation, $7,666,370, Wastewater, $2,895,023, Water, $623,383, Stormwater, $497,328, with total costs of $11,682,104; and June 11, 2009 - Sanitation, $6,924,942, Wastewater, $1,213,140, Water, $587,444, Stormwater, $475,328, with total costs of $9,200,854. The intent is to bond the Sanitation and Wastewater Enterprise Funds costs via a revenue bond(s) and to use construction cash for the Water and Stormwater Enterprise Funds costs. 5) If needed, authorize the use of Water Enterprise Fund cash funds for interim financing for the design and construction activities. If used, the Water Enterprise Fund cash funds will be reimbursed, once the new landfill and wastewater projects are complete, with Revenue Bonds and/or other financing proceeds related to the entire new landfill and wastewater projects. Because the new landfill has Sanitation and Wastewater components, a proportional share of the design and construction costs will be apportioned to the Sanitation and Wastewater Enterprise Funds.

It was moved by Council Member Glassheim and seconded by Council Member Kreun that we approve the recommendation and accept these bids contingent upon final approval of the acquisition of the land contracts and permits. 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.

APPROVE UPDATE ON PROJECT NO. 6319, LANDFILL
SLOPE STABILIZATION

The staff report from the director of public works relating to Grand Forks Landfill Slope Stabilization Project update, Project No. 6319, with recommendation to 1) receive and file Grand Forks Landfill slope Stabilization Project update dated June 2, 2009, Project No. 6319. Authorize the City Attorney's Office to commence litigation regarding the matter. If needed, authorize the use of Water Enterprise Fund cash funds for interim financing for the construction, engineering, and legal services regard the Grand Forks Landfill Slope Stabilization Project, Project No. 6319. If used, the Water Enterprise Fund cash funds will be reimbursed, once a resolution is concluded regarding the Grand Forks Landfill Slope Stabilization Project issue.

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

INTRODUCE ORDINANCE TO AMEND THE ZONING MAP
TO INCLUDE ALL OF VILLAGE RESUBDIVISION NO. 2 AND
VILLAGE RESUBDIVISION NO. 3 WITHIN THE VILLAGE
PLANNED UNIT DEVELOPMENT AMENDMENT NO. 5

The staff report from the Planning and Zoning Commission relating to request from Dakota Commercial on behalf of Turning Point, LLC for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, ND (located between Interstate 29 and North 42nd Street and between 5th Avenue North and University Avenue), with recommendation to give preliminary approval to the ordinance and schedule a public hearing for July 20, 2009.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Village PUD (Planned Unit Development, Concept Development Plan, Amendment No. 5 for all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3 to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF LOTS B AND C OF
REPLAT OF LOT 2, BLOCK 1, CURRAN'S 3RD RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Crary Development, Inc. et al for preliminary approval of the Replat of Lots B and C, Block 1, Curran's 3rd Resubdivision to the City of Grand Forks, ND (located at 4650 South Washington Street), with recommendation to give preliminary approval to the ordinance and set a public hearing for July 20, 2009.

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

Council Member Christensen 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 Replat of Lots B and C of the Replat of Lot 2, Block 1, Curran's 3rd Resubdivision", which was presented, read and passed on its first reading.

APPROVE ZONING AND SUBDIVISION AGREEMENT
BETWEEN CITY AND COUNTY OF GRAND FORKS

The staff report from the Planning and Zoning Commission relating to request from the Planning and Zoning Commission for consideration of the approval of a Zoning and Subdivision Agreement between the City of Grand Forks and the County of Grand Forks, with recommendation for approval of the Zoning and Subdivision Agreement.

Mr. Gengler reported that the document contains some minor changes and with the new language the Planning and Zoning Commission does support the agreement.

Mr. Swanson reported there are two changes in the document, one is very minor in subsection 1) jurisdictional requirements, B and C should be flipped around in order, and what is presently B, the last sentence should begin with the same language as the first sentence, except as otherwise provided by law or otherwise provided herein, and those are the only changes to the agreement he is proposing, and that they identified the provisions of the House Bill 1554 in this draft and did not appear in the first draft and some renumbering and restructuring of the agreement.

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

INFORMATIONAL ITEM

The Portfolio/Management Summary for period ending May 31, 2009 was presented for council's information.

CITIZEN REQUEST

Ray Dohman stated that he was here last Monday and spoke out against the City's proposed demolition of the civic center and offered to buy the building for $100, saving the taxpayers from paying demolition costs, that the Grand Forks Herald had erred in his remarks, stated that he was saving taxpayers from paying construction costs. He stated that he didn’t know that the Grand Forks Police Department realizes that it is their mission to arrest criminals, not to create them, and stated concern that former governor had pardoned a Somali refugee in 2000 to help him avoid deportation because of his criminal conviction - and for our police department to be in the business of creating criminals rather than arresting them.

APPROVE BILL LISTING

Vendor Payment Listing No. 09-12, dated June 11, 2009, totaling $688,454.59, was presented and read.

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

APPROVE MINUTES JUNE 1, 2009

Typewritten copies of the minutes of the city council held on Monday, June 1, 2009 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun that the minutes be approved as read. Carried 7 votes affirmative.

ADJOURN

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

Respectfully submitted,


Saroj Jerath, City Auditor
Approved:
________________________________
Michael R. Brown, Mayor