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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 21, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 21, 2010 at the hour of 5:30 o’clock p.m. (following a meeting of the Growth Fund/JDA) with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; 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.
Thanks to everyone present for the rousing Happy Birthday.
This weekend was the first Farmers Market in Town Square and look forward to the full year.
The Farmers Market was combined with Grand Forks Second Annual Celebration of World Refugee Day coordinated with the Global Friends Coalition of World Refugee Day, and was opportunity to learn about our new neighbors and how to make their transition to our community and into citizenship smooth. Thanks to the Global Friends Coalition and New American Services of Lutheran Social Services and all the volunteers who made this event a success and look forward to working with you, the Immigrant Integration Committee and all of our new Americans.
This Saturday is the First Blues on the Red this year in Town Square, sponsored by CBB, Canad Inns and the City, starts at 6:00 p.m. until 10:00 p.m., free admission
This month marks the 10th Anniversary of the Grand Forks City Council making the commitment to televise its meetings, and since then have expanded and include monthly meetings of Planning & Zoning Commission, Finance/Development Committee, and Service/Safety Committee, as well as special candidate forums, Legislative update forums and a lot of in-house produced videos to help inform and educate the public about government services and functions. Thanks to Public Information Center for their work and the Council for their commitment to communication and openness.
There are openings coming up for Airport Commission, Planning and Zoning Commission, and along with these positions will have more openings in the near future and will advertise them on our website.

EMPLOYEE RECOGNITION

Mayor Brown reported there are three employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Bonnie MacDonald, 30 years employment with the City, currently an HR specialist in Human Resources.
Terry Nichols, 10 years with the City, working as equipment operator with Sanitation Division of Public Works.
Paul Willprecht, 5 years with the City, police officer with Police Department.

ALERUS CENTER UPDATE

Randy Newman, chairman of the Alerus Center Commission, stated that the Alerus Center is one of the most important and valuable community assets, that there have been a number of changes over the last couple years and since the first of the year and wanted to give an update. As of the end of the year 2009 our five-year agreement with VenuWorks expired and have been working with Mr. Swanson, city attorney to finalize negotiations which they would exercise the first of two existing and available three-year option terms which would be a continuation of the old agreement; however, the Commission has not approved this contract but meeting on Wednesday and hope to resolve the minor issues with the contract tomorrow and that the Commission will review and take action on Wednesday. He stated that VenuWorks has agreed with great degree of certainty to repay all of its 2008 and 2009 management fees to the City of Grand Forks for the Alerus Center.
He stated the Commission invited both the Task Force and the City Council to a meeting in March at which time they reviewed and responded to all of the Task Force recommendations, and agreed with all of those recommendations. Since that time the former executive director of the Alerus Center resigned and there has been a change of leadership at the Alerus Center. Mr. Swanson's resume is before council. Since March three new Commissioners have been appointed by the Mayor and former task members, Dwight Thompson, Duane Hafner and Laura Block.
Three committees have been appointed by the Commission, one of the committees gave direction to Mr. Swanson to assume the responsibility of the current multi-million dollar remodeling project at the Alerus Center but the projects that have not yet been funded or started, have asked Mr. Swanson, the architects and our internal staff to review those projects to see how they fit with the current environment or if needed. At the Wednesday meeting the Commission has been reviewing and working on the 2011 budget and that was second committee that was formed - Dwight Thompson and David Evenson have been working with staff to complete the 2011 budget and after review and approval by the Commission will be forwarded to the City for your budget meetings.
He stated they were in complete agreement with the task force recommendation that for any events where the Alerus Center or the City is at financial risk, they will bring that to the full council for their involvement and participation in our decision, can't express strongly the urgency and critical need for all of us to work together to create that underwriting and funding process, and one thing would like to suggest is that Mr. Swanson and he are prepared to immediately need and would suggest with the head of the finance committee to seek their involvement and their input in how we would proceed to involve the entire council in this process.

Roger Swanson, executive director of the Alerus Center, stated since arriving in Grad Forks on the 12th of April, he focused his energies on the day to day operation of the Alerus Center as well as the renovation schedule. He stated he delved into the budget and determined that we need to take action on revising the existing revenue projection as well as enacting cost containment procedures so as to operate more cost effective. He stated to reduce overhead as well as reassigning task from vacant positions to other members of the management team while continuing to provide first quality products and service for clients and customers. They have met with UND Athletic Department staff to help with promotion of football games at the Alerus Center to build overall attendance at the games. He requested VenuWorks National Director of Food and Beverage to perform an operational and catering activity in an effort to determine how we can perform even better; and are estimating at this juncture $1.7 million in a combined revenue at fiscal year end for food and beverage.

He has instructed all of our sales people to get outside the office and establish that face to face relationship; that we need to make sure that we earn our return and repeat business; and continue outreach into new areas of the region. He has been meeting with suite holders and advertisers since his arrival.




Council Member McNamara asked where are we with the money in arrears. Mr. Newman reported that their fee was roughly $175,000 per year and they have agreed to repay 100% of both of those two years fees. The last quarter of 2009 fee hasn't been paid and that will revert back to the Alerus Center as they are owing as of this month another $80,000 or so and they will repay that in a lump sum, the 2008 fee will be paid back, they will sign a note with the City of Grand Forks to repay that over 54 months.

Council Member Bjerke stated what is the process, that once this is worked out concerning the 2008 and 2009 contract, the new contract from 2010 on, and the event funding, are all those topics going to go before the finance committee to be reviewed and then brought to the council for review. Mr. Christensen stated he thinks that is how it will take place, that he will talk with these gentlemen on Friday and then bring it back to the committee, and will bring that back to council and probably be in executive session because there are things in their negotiations that are sensitive, to get instructions from us as to how we would like them to proceed in their negotiations - that Mr. Newman stated that they agreed with everything that was in the task force report, and also agreed that any contract they enter into are going to be approved by us - but just reaffirming that when their Commission meets on Wednesday and decides to ratify the contract with VenuWorks, it comes back for us. He stated the proposed budget will be submitted to the city auditor and we will get that as part of our budgeting process and reps. of Alerus will be there to review the budget prior to adoption.

Council Member Kreun stated that the budget process was always approved by the council prior to the task force, the contract was changed in the ordinance and there's contract with a management company and go before the Commission, and Commission will submit it to the council for approval and that is part of the change that was taken place and is in the ordinance. Howard Swanson, city attorney, stated the Authority granted to the Alerus Center Commission and still allows them to approve their contract without report to the council. Mr. Kreun stated that either way they will bring that back to the council for approval. The one thing he can't express enough urgency is the event fund - lack of arena contents was adversely affected here to date box office revenues, etc. because we haven't set that process up yet - important because costing us a lot of money and also costing us events that would resign up and come back, and his suggestion on Wednesday will be that we take our financial committee and meet with the finance/development committee to come up with that process as quickly as possible and thinks that would also be approved by council at that time - #1 priority as seeing that affect us in 2010 and 2011 and projecting it to affect us in 2012.

DETERMINE INSUFFICIENY OF PROTEST ON
PAVING DISTRICT NO. 644, PROJECT NO. 6595

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 644, Project No. 6595, extension of North 36th Street approximately 400 ft. to the north, had expired on June 17, 2010,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 Gershman introduced the following resolution as to protests which was presented and read: Document No. 9287 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Paving District No. 644, Project No. 6595, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 183, PROJECT NO. 6584

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 183 Project No. 6584, installing street lighting along 6th Avenue North from North 53rd Street to North 55th Street, had expired on June 17, 2010, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

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

Council Member Gershman introduced the following resolution as to protests which was presented and read: Document No. 9288 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Glassheim that we find and determine an insufficiency of protest against Street Lighting District No. 183, District No. 6584, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

CANVASS RESULTS OF BIENNIAL CITY ELECTION
HELD IN CONJUNCTION WITH PRIMARY ELECTION
ON JUNE 8, 2010

Pursuant to the agreement with Grand Forks County for the holding of the election, the Grand Forks County is the official canvassing board and a copy of the official report of the Grand Forks biennial election results are included in council packets; however, in order for the City to accept those results and to place them into permanent record for the City, this body must pass a motion that would approve and direct the filing of the reported canvassing results.

The canvass of the June 8, 2010 biennial election results as approved by the County Canvassing Board on June 14, 2010.

It was moved by Council Member Glassheim and seconded by Council Member Bakken to accept and file the canvass of the results of the June 8, 2010 biennial city election. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT, STREET
DEPARTMENT

The staff report from the finance department relating to budget amendment for the street department amending using $50,000 of weather related money received from the State to help offset increased costs due to significant winter weather events.

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

CONFIRM APPROVAL OF APPOINTMENTS TO
GRAND FORKS HISTORIC PRESERVATION COMMISSION

The staff report from Mayor Brown relating to appointments to Grand Forks Historic Preservation Commission, with recommendation to confirm appointments of Chuck Flemmer, Gordon Iseminger, Melinda Leach, Sandy Slater and Sharon Bures.

It was moved by Council Member Gershman and seconded by Council Member Kreun that we confirm appointments to the Historic Preservation Commission. Carried 6 votes affirmative; Council Member Bjerke voted against the motion.

REFER MATTER OF ADDITION TO CENTRAL HIGH
SCHOOL AND PARKING ISSUE TO COMMITTEES

The matter of the addition to Central High School and parking for Central High School was presented to the city council.

Council Member Christensen reported the addition to Central High School and closing off part of the street should be reviewed by Service/Safety Committee, that the parking and aspects dealing with parking will stay in the Finance/Development Committee with report back by August 1 with solutions and important to get Mr. Hoover's recommendation as far as paying for the improvements that are required in the ramp and downtown assessments for people in the downtown area.

Council Member Gershman reported that several months ago had meetings on the parking assessment downtown and is an irritant to businesses downtown and was never resolved and his proposal is that we form a task force that would include some downtown property owners and members from the finance committee or appointments by the Mayor and that by September 15 have a recommendation/resolution or that it stays the way it is because people understand that we don't have an alternative; and that he would make that recommendation.

Council Member Christensen stated there had been conversation about selling or condominiumizing part of the parking ramp - have to start talking about how we are going to work with the School District in helping them solve a parking issue for Central High School and won't be issue until we start building the parking lot and that won't be until 2012 - funding and selling of bonds and probably have that facility through this year and lose in spring of 2012 and have 18 to 20 months to get it worked out.

It was noted that there are two issues, that issue and the second issue of resolving the parking assessment downtown so can find some relief for the property owners and come up with resolution that would ease the pressure on downtown property owners and businesses for parking.

Council Member Christensen moved that the portion dealing with the closure of the street and the expansion of Central High School be referred to the Service/Safety Committee, and the balance (parking assessments) would stay in the Finance/Development Committee. Council Member Gershman seconded the motion. Carried 7 votes affirmative.

APPROVE APPLICATION FOR TAXICAB LICENSE
BY SABO YAHAYA, AND REFER MATTER OF
TRAINING SESSION FOR TAXI DRIVERS

The staff report from the finance department relating to application for taxicab license by Sabo Yahaya, 4004 South Washington Street, Grand Forks, ND, with recommendation for approval of the application for license, subject to meeting Code requirements.

Council Member Gershman stated he would like to make a recommendation that we work with the cab companies to educate them about Grand Forks, work with Convention & Visitors Bureau and the Info Center to set up some training sessions for all of the taxi drivers so that taxi drivers ferrying people around our community and bringing them in from the airport know where hotels, restaurants, Alerus Center, etc. are and perhaps that be sent to the Info Center to see if they can develop some things with that

There was some discussion relative to referring this matter to the Info Center and including condition of vehicles (age of vehicle, etc.), matter of requirement of GPS system for each taxicab, etc.

It was moved by Council Member Gershman and seconded by Council Member Bjerke to approve the taxicab license. Carried 7 votes affirmative.

CREATE SPECIAL ASSESSMENT DISTRICT FOR
PROJECT NO. 4704.76, DISTRICT NO. 14.6, FOR
PERMANENT FLOOD PROTECTION PROJECT,
THIRD ASSESSMENT

The staff report from engineering department relating to create special assessment district for Project No. 4704.6, District No. 14.6, Permanent Flood Protection Project, third assessment, with recommendation to create special assessment district for Project No. 4704.6, District No. 14.6.

Council Member Kreun reported this is the third and final assessment for the flood protection project, that 10-12 years ago the finance department and city council put together a projection of what this would cost the local taxpayers. There are two methods that the local taxpayers utilized to pay for this, one is special assessments and other was a mill levy that was increased at that time as general taxes. He stated that many people think that the City's portion of this project included the dirt, dikes, etc. but majority of what the citizens paid for was for buyouts of houses, relocation of infrastructure and that all of the departments that were involved worked extremely hard and results of that is that this last assessment is approx. $10 million less than what was anticipated and probably about 45 or 50% of what our last assessment was, that everybody is paying for it but that individuals involved with this did very good job of putting the dike in place and keeping the costs in reasonable arena.

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

CREATE SPECIAL ASSESSMENT DISTRICT FOR
PROJECT NO. 4704.7, DISTRICT NO. 14.7, FOR
NEWLY ANNEXED PROPERTY

The staff report from the finance department relating to creating special assessment district for Project No. 4704.7, District No. 14.7, Permanent Flood Protection Project for newly annexed property from June, 2009 to June, 2010, and to properties with lot line changes due to an annexation, with recommendation to create the special assessment district, 5th "catch-up" assessment to include newly annexed property within the district, and to authorize subsequent assessment for the flood control project to newly annexed property and previously assessed property that had lot line changes due to annexation.

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

APPROVE ENGINEERING SERVICES AGREEMENT
WITH CPS, LTD. FOR PROJECT NO. 6101, DISTRICT NO.
642, AND FOR PROJECT NO. 6101.4, DISTRICT NO. 466

The staff report from the engineering department relating to Construction Engineering Services Agreement for Project No. 6101, District No. 642 paving South 48th Street from 16th Avenue South to 32nd Avenue South and for 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 agreement with CPS, Ltd. in the amount of $684,256.00

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

AWARD CONTRACT FOR PROJECT NO. 6339, BUS
GARAGE PAVEMENT REPLACEMENT

The staff report from the engineering department relating to consideration of bids for construction of Project No. 6339, Bus Garage Pavement Replacement, with recommendation to award contract to low bidder, Opp Construction, LLC in the amount of $272,405.00.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question 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 motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 6556,
2010 CDBG SIDEWALKS

The staff report from the engineering department relating to bids for Project No. 6556, 2010 CDBG Sidewalks, with recommendation to award contract to low bidder, Rogers Construction in the amount of $130,610.00, contingent upon final release of funds by CDBG, and return non-conforming bid to bidder, Lee Concrete Construction (as it did not include a copy of the contractor's license).

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question 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 motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 6570,
SANITARY FORCEMAIN BYPASS RISERS

The staff report from the engineering department relating to bids for Project No. 6570. Sanitary Forcemain Bypass Risers, with recommendation to award contract to low bidder, Sellin Brothers, Inc., in the amount of $232,808.80.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question 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 motion carried and the contract awarded.

AWARD BIDS FOR PROJECT NO. 6577, POLICE
DEPARTMENT FIRING RANGE PAVING

The staff report from the engineering department relating to Project No. 6577, Police Department Firing Range Paving, 1220 South 52nd Street at the Public Safety Center, with recommendation to award contract to low bidder, Rogers Construction, in the amount of $75,507.00.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question 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 motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, STREET
LIGHTING PROJECT NO. 6584, DISTRICT NO. 183

The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2010 for Street Lighting Project No. 6584, District No. 183, street lighting on 6th Avenue North from North 53rd Street to North 55th Street, indicating that RBB Electric, Inc. was the low bidder based upon their bid in the amount of $5,273.00: Document No. 9289 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 6584, District No. 183, in the amount of $6,697.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6584, District No. 183, street lights on 6th Avenue North from North 53rde Street to North 55th Street, with recommendation to award contract to low bidder, RBB Electric, Inc., in the amount of $5,273.00.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved and the resolution awarding the contract to RBB Electric, Inc. was presented and read: Document No. 9290 - Resolution. 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 contract awarded.

APPROVE JOINT POWERS AGREEMENT BETWEEN
CITY OF GRAND FORKS AND GRAND FORKS COUNTY
PUBLIC SAFETY ANSWERING POINT

The staff report from the engineering department and PSAP Center relating to Joint Powers Agreement for Project No. 6594, Police Building Addition for PSAP Expansion, with recommendation to approve the Joint Powers Agreement between City of Grand Forks and Grand Forks County Public Safety Answering Point.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Member Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 6595, DISTRICT NO. 644

The city auditor presented and read tabulation of bids which had been received and opened on June 7, 2010 for Project No. 6595, District No. 644, North 36th Street paving extension, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $237,759.55: Document No. 9291 - Bid Tabulation.

The engineer's estimate of total cost for Project No. 6595, District No. 644, in the amount of $251,260.00 was presented and read.

The staff report from the engineering department relating to bids for Project No. 6595, District No. 644, North 36th Street paving extension, with recommendation to award contract to low bidder, Strata Corporation, in the amount of $237,759.55.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved and the resolution awarding the contract to Strata Corporation was presented and read: Document No. 9292 - Resolution. 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 contract awarded.

APPROVE BUDGET AMENDMENT FOR
MOSQUITO CONTROL LAB CONSTRUCTION

The staff report from the health department relating to budget amendment for mosquito control lab construction, with recommendation to approve budget amendment of $99,865.00 for mosquito control lab construction that was awarded to Innes Construction Company on May 17, 2010.

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

INTRODUCE ORDINANCE RELATING TO TEXTING
WHILE DRIVING

The staff report from the Council President Gershman and the Mayor's Office relating to texting while driving was presented to the city council for discussion.

Council Member Gershman since this item was presented that comments from citizens have been very positive as something needed to be done because with texting taking your eyes off the road approx. 4.6 seconds and that Mr. Swanson has prepared an ordinance. The issue is going to be enforcement and thinks this sends message to those 16 to 24 ages that majority of the texting seems to be happening and take this seriously and that if we consider any type of fine, would recommend that the fine not be cumulative and be about $15.00 because of the educational purpose and also that if the fine is over $20.00 or $25.00 can have a jury trial and don't want to do that with increasing cost to the City.

Council Member Gershman moved preliminary approval of the ordinance and including a $15.00 penalty, Council Member Bakken seconded the motion.

Two individuals spoke to this matter:
Jim Whitehead, member of the Greater Grand Forks Health and Wellness Coalition, stated he was in favor of this but would like to add more - that it doesn't go far enough - texting is dangerous and putting your life and other people's lives at risk. He stated he would like to see some general law for driving while inattentive, should not be talking on the phone nor texting but that he is in support of this but thinks the penalty should be higher.

Carma Hanson, coordinator for Safe Kids-Grand Forks, spoke in favor of the ordinance as this is safety issue that addresses all ages of citizens of our community, and suggested having more severe consequences.

After considerable discussion relating to the penalty for texting, it was moved by Council Member Christensen and seconded by Council Member Gershman to amend the motion to include a penalty in the ordinance of $30.00. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voted against the motion.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voted against the motion.

Council Member Christensen introduced an ordinance entitled "An ordinance adopting Section 8-0528 of the Grand Forks City Code relating to prohibition of texting while driving and amending Section 8-0101 relating to definitions and amending Section 8-1503 relating to penalty", which was presented, read and passed on its first reading.

APPROVE BID FOR FUEL TANK AND ANCILLARY
FUEL MONITORING AND ACCOUNTING SYSTEM
FOR PUBLIC TRANSPORTATION

The staff report from the director of public works and superintendent of public transportation relating to Public Transportation Facility fuel tank and ancillary fuel monitoring and accounting system replacement bid, Project No. 6563, with recommendation to approve bid from O'Day Equipment, LLC as the lowest and best bid as follows: fuel tank (10,000 gallons), $55,560.00; piping and tank monitoring system, $18,334.00; passive fuel control and accounting system, $24,637.00; for a total project cost of $98,531.00.

It was moved by Council Member Glassheim 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 REQUEST FOR SPECIAL EVENT, AND
INTRODUCE ORDINANCE RELATING TO SWIMMING
IN RIVER AND COULEES PROHIBITED

The staff report from the public information center relating to request to waive Ordinance No. 3546 for the special event, Extreme North Dakota Adventure Race (END-AR), September 4, 2010, with recommendation to approve that the Extreme North Dakota Adventure Race, September 4, 2010 are waived from ordinance No. 3546 and may use the river for their special event.

Council Member Bjerke moved to approve the request for special event, contingent upon city attorney's review, and approve proposed ordinance to allow swimming in river and coulees when authorized by the city council. Council Member Christensen seconded the motion.

It was also noted that there was some concern about historic property (turntable in the middle of the river) Preservation Commission has directed that no damage be done to the turn style in the river.

Mr. Swanson stated this had been discussed at the Service/Safety Committee and recommendation that before event provide insurance and require signing of release by event planner and each individual participating to execute waiver type form.

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

Council Member Christensen introduced an ordinance entitled "An ordinance amending Section 9-0307 of the Grand forks City Code relating to swimming in river and coulees prohibited", which was presented, read and passed on its first reading.

APPROVE AMENDMENT TO NSP GRANT AWARD
TO PRAIRIE HARVEST MENTAL HEALTH PROJECT

The staff report from the director of urban development relating to amendment to NSP (Neighborhood Stabilization Program) grant award to Prairie Harvest Mental Health Project, with recommendation to authorize staff to proceed with the requested amendment to the NSP grant award and authorize appropriate City officials to execute a revised project agreement with Prairie Harvest subject to city attorney review.

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

After some discussion and upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voted against the motion.

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of May 31, 2010 was presented for council's information.
APPROVE BILL LISTING

Vendor Payment Listing No. 10-12, dated June 17, 2010, totaling $1,701,050.14, 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, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES JUNE 7, 2010

Typewritten copies of the minutes of the city council held on Monday, June 7, 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 Bjerke stated that if push for designated drivers why would you need that because you aren't supposed to be over served. He stated we need to address issue of towing as we have nothing when it comes to towing, and finds it odd that we allow people to tow vehicle, not only out of the city but out of state and we no longer have control over it. He stated he has asked police department and city attorney to review our towing and to bring that back to go to service/safety committee and then before the full city council by the time UND students come back.

2) Council Member McNamara stated that the cable subscribers in the city are having problems getting EAS messages, not sure what the problem is and would recommend that the service/safety committee look at our contract and what exactly is the problem because in the last two major storms we've had, has been an issue for people.

He also brought up the matter of having no parking on one side of the street and where would individuals call if have concerns. Mr. Grasser stated to contact traffic engineer, at 746-2640 - removal of parking on streets as can’t get emergency equipment or snowplows, etc. through with parking on both sides of the street - involves narrower streets in the city - not sure which streets are being targeted.

3) Council Member Bakken suggested looking at citywide sales tax for streets and help eliminate special assessments and also under another tax do something for the property owners so doesn't all fall back on them when we have to raise taxes, dual thing that goes to general fund and special assessments which would help property owners throughout the city. Also need to make sure we keep our reserves up and bonding up as lot of municipalities are getting into trouble with their bonding and have a hard time selling bonds and City should be mindful of that.

4) Council Member Kreun stated they would put Council Member McNamara's item on the agenda - and asked Mr. Swanson to put on second agenda, re. contact with Cable TV Co. if that is a requirement or if it is something that they offer and if we have some system that we can follow through to make sure that it works appropriately to warn citizens of on-coming potentially bad weather, and asked for overview what their responsibilities are.

Mr. Kreun also noted that according to the sales tax, wants people to know that 1% sales tax of our 1 3/4% sales tax, 49% goes to general fund already and increase amount to the general fund; about 30% to infrastructure repair and is set up to help offset property tax that we have in the city; and 19% goes to economic development. That is something we can consider in our budget talks how we eliminate some of the increased property tax or decrease property tax and that is what sales tax does for our community.

5) Council Member Gershman stated that when attending ArtFest that the pocket parks in the downtown were in bad condition (cigarette butts, litter, grass needed mowing, etc.) and that the City should maintain its property and set an example - would like areas taken care of soon.

ADJOURN

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

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
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Michael R. Brown, Mayor