Council Minutes

Minutes of Grand Forks City Council/Committee of the Whole
Monday, May 12, 2008 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, May 12, 2008 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Gershman, Kreun - 5; absent: Council Member Bakken - 1.

Mayor Brown commented on various items during the past week and upcoming events:
Thanks to hard working city employees for another successful spring cleanup this week, they picked up about 901 tons of stuff, and the electronic recycling picked up 15 tons of electronics to keep them out of the landfill.
This Saturday, May 10, was the Annual Letter Carriers Food Drive and although the food collected did not surpass last year's total of 61,000 lbs of food, it came close with over 55,000 lbs. of food. Last year we beat every city in ND and SD in food collection for Letter Carriers Drive and that is over 27 tons of food for the food cupboards. This year's food drive was held in honor of Rosie Pinger, who was one of the first three letter carriers in the nation and Lisa Wedin. Mr. Ralph Honda, Branch 517 Food Drive Coordinator, made some comments: that about 16 years ago when food drive first started, was a pilot program with about 300 branches, and so successful that year and then 1500 branches joined in, including Branch 517 in Grand Forks. The first year they collected 12,500 lbs. of food and last was over 62,000 lbs., that this year the drive was dedicated to Rosie Pinger; and that this year had many volunteers and good commitment from young people of this community.
A proclamation was read stating that this week is being proclaimed as National Police Week May 11-17, 2008.
This coming Saturday, May 17, is the first of two planning meetings for the residents of the Near Northside Neighborhood, these meetings will give the neighbors a voice in how they want to keep their neighborhood strong and where they would like to see the investment in the next few years, and is coordinated through a Knight Foundation Grant by the Community Foundation of Grand Forks/East Grand Forks and region. This is coordinated by the Office of Urban Development and the members of the Near Northside Neighborhood Association.
The original painter of the Winky Smiling Face on the DeMers water tower passed away last Saturday, May 3, James W. "Ozzie" Osmundson; and May 23 will be proclaimed as the Smiley Day in Grand Forks and that there will be a celebration service for the life of Ozzie Osmundson at the Valley Christen Center.

Council Member Christensen reported present.

2.1 Applications for abatement for 2006 and/or 2007 taxes:
a) Glenn Devold, 1910 10th Avenue N.
b) Kenneth (deceased) and Leslie Pahlen, 718 Belmont Rd.
c) David and Richelle Kosmowski, 1322 Kuster Court.
Kreun stated that the State has let us have an abatement of taxes for people who have
disabilities or income levels; that there are two categories here, one is health issue and one disabled veteran, but that we also have income levels for elderly as well; and encourage people to utilize this abatement process to help ease some of those property taxes.

2.2 Reconsideration of the new home exemption.
Rusty Wysocki, 1625 Rider Road, representing Forks Builders Assoc., stated that the new
home exemption is for $75,000 for two year and capped at $150,000 for a structure and they were asking to eliminate the cap.

Christensen stated that the finance/development committee met and believe this is an
appropriate decision, that this follows larger cities in ND and get break on the first $75,000 of new homes; that Mr. Carsen indicated that this should go to the first owner but he indicated there might be some question in statute on that. Mr. Carsen stated that the committee recommended that this exemption be to the first owner after the builder - that the builder would not qualify; and can write the resolution so that it overcomes that; the law says that in the case of a single family home a person who has his own house built is considered the builder and that if he sells it, that person becomes the first owner, and could say that to the first owner who then occupies the house and if did that it would accomplish what wanted to accomplish - only to the first owner.

Kreun stated he likes taking off the restriction and puts us very competitive with other communities in the state and competitive in our region and would agree with the recommendation from the committee.

Glassheim stated he would urge council to oppose the recommendation because having it or not having it doesn't do anything to get houses built; that it has been agreed upon by everybody that having it or not having it doesn't cause a person to decide to build or not to build, or to move to another city, and is simply a windfall to those people who are building. He stated for the past years we have had a limitation on the value of the house built on the theory that those who are towards the bottom maybe really need it to have home ownership, that we have been funding about 20 to 25% of the value of homes built and now are going to add on the top 75 to 80% of homes built and add on people building $300,000, $500,000 or million dollar houses and they don't need a gift from the Grand Forks city council in order to afford drapes, and that about 20,000 taxpayers in Grand Forks will be giving 300 people a gift of $1500 every year and that is what this amounts to - doesn't make any sense to him to do this. He stated there was some talk in the committee that the City only loses 1/4 of the total, we are also making a decision and taking revenue out of the pockets of the County, Park District and School District for no good reason.

Gershman stated that Bismarck does not have exemption but Burleigh Co. does and that everybody is building around Bismarck and there is some argument made that it can direct some people to building someplace. He also stated that the $1500 is for 2 years and is money that would be spent on the home and is worthwhile and doesn't see why we should penalize people who are building a $300,000, $400,000 or $1 million home, should celebrate that because they are paying a lot of property tax; thinks it is way of not discriminating, and is in favor of it.

Glassheim stated that Burleigh Co. only allows it for first time homebuyers certified by the ND
Housing & Finance Agency, doesn't know what the limits are but sure not $1 million homes in Burleigh County, it has been limited to $150,000 and we know that the cost of the structure has gone up and if wanted to raise that cap from $150,000 to $200,000 or even $225,000 would have no problem with that but to have no cap at all seems to be irresponsible; and if building $1 million house you don't need the $1500 extra or the symbolic phrase and thank you of doing this, and that is why have income based activities that are not the same for everybody, that some kind of caps on this could see supporting but unlimited seems excessive.

2.3 Request from Travis and Jamie VanSickle dba TJ's Pool and Darts,
1210 S. Wash. St., .for Class 3 (Off and/or On Sale Beer & Wine) license.
There were no comments.

2.4 Matter of alcoholic beverage license application by Mooddyz, Bar and Casino,
3450 Gateway Drive._________________________________________________
Kreun stated the Service/Safety Comm. had a meeting just prior to this meeting and their
recommendation was to deny the application due to information that they received, the unanimous decision by the committee was to deny this application and will give details in packet for next week.

2.5 Create special assessment district for Street Improvement Project No. 6271, Dist. 98, 2008 seal coat at various locations.__________________________________________
There were no comments.

2.6 Sidewalk List #1 for Project 6211, 2008 sidewalk repair and installation.
There were no comments.

2.7 Joint Powers Agreement with Grand Forks Park District for reimbursement of costs associated with Project No. 6303, English Coulee Shared Use Path from 24th to 17th Avenues South.______________________________________________________
There were no comments.

2.8 Bid consideration for fire engine.
There were no comments.

2.9 Taxicab rate increase proposal.
Gershman asked if the $12.00 is the max. they can charge on a long trip - hourly rate. Todd Feland, public works director, reported that the $12.00 is if they choose to do an hourly rate as opposed to a per ride is the most they can charge hourly. Gershman stated that seems low because of gas, labor and wants the taxicabs to be successful. Feland stated if look at the ordinance, 3) and if look at $2.25, flag rate, and gets you 1/8th of a mile and after that the recommendation is to go from 30 cents to 35 cents each successive 1/8th of a mile, which is reasonable; and another issue on 4) and should raise that, the committee did not discuss that, that is 30 cents for 1 minute and should tie that 30 cents to the 35 cent change which would correspond with the 1/8th mile; and 6) thinks $12.00 is low.

The city council increased rates 3 years ago and the old rate was $1.75 to $2.25 flag rate and per 1/8th successive mile stayed the same at 30 cents; and increased it to $4.35 per mile; and if looking at what doing with the new rates and flag rate and increasing the successive mile is going to be $5.45/mile which is a 25% increase. Gershman suggested that should visit this once a year and asked that they include that in the recommendation. Feland stated he would look at this week and come back with further information.

Gershman stated he would like to know the average time it takes somebody to have a cab arrive at the airport from the time they call, that he has heard that it takes a fair amount of time, sometimes up to an hour, and that is something they need to talk to the cab companies about so they give better service to people flying into the city. Vern Bentz, mgr. Grand Forks Taxi, stated that it depends on the time of the day the flight comes in, they do have a federal contract to take care of the Para-transit and elderly and their company's ability to arrive at the airport during the daytime is almost non-existent, it would rely on the other 3 companies to take care of that, however, in the evening their response time is 15 to 20 minutes. He stated that on any given night during the week there will be 2 cabs waiting for the last 2 flights, all the companies go out there during the week and will have 1 or 2 cabs out there; Red/White & Blue has a contract to bring in the flight crew and GF Taxi sends a cab out there at night time, as well as other cab companies; and response time is zero.

Feland stated he should probably do some additional research with the Airport Authority, and that the last time he discussed it with them was during World Jrs. and there was some issue between the Airport and cab companies on fees they needed to be paid if you were on site, and will do some research but some issues re. access and fees, etc. Gershman stated they have an Airport Authority meeting this coming Thursday and will ask that question.

Christensen asked for a spread sheet and e-mail it before Monday as to what we pay mile after the first flag because he took 30 cents times 8 and that is $2.40 but is the second mile he is concerned about, the second mile at 30 cents would be $2.40 and now going up - wants to know that the average person is going to be paying for cab ride. He stated cab companies wanted a flag rate increase and committee also gave 1/8th increase of 5 cents from 30 to 35 cents.

Feland stated if go past the first mile you are at $2.40 in Grand Forks and $1.60 in Fargo, $1.80 in Bismarck, and that we are on 1/8th of a mile and Fargo is on 1 mile; and the city of Fargo is that you pay the $4.50 flag rate plus the $1.60 for the first mile and each successive mile, and $6.10 for first mile -- Feland stated he would come back with comparison with 3 major cities.

Glassheim stated he thought there might be discussion among the companies as to what point do they price themselves out of the market and lose business - need to make enough to cover expenses but if charging too much then ridership will decrease, concerned and if this should go back to finance committee.

McNamara stated better to go back to committee and then bring back to council with recommendation. Hutchison agreed with that and if appropriate to only give them the 75 cents flag rate that they asked for and then address the rest by sending back to finance. Christensen stated the ordinance has to be changed and that is the issue, could approve the first reading and then send it back to committee for further recommendation. Feland stated our goal was to refine it so when come back next Monday, May 19, you would have ability to pass on first reading with further information out of finance comm. and still have second reading on June 2.

2.10 Adoption of Minnesota Department of Natural Resources (DNR) Grand Forks Water Emergency and Conservation Plan._______________________________
Kreun reported they went through this process on Conservation Plan and Water
Emergency Plan and this was in preparation partly this 10-Year application to draw water out of the Red Lake River, that Hazel Sletten worked very hard on this and is long and arduous permit process and appreciate that.

2.11 Redevelopment of 1432 Belmont Road.
There were no comments.

2.12 Request from Nick Brown on behalf of Dakota Ag Park II, LLC for final approval (fast track) of Replat of Lot 1, Block 2, Brown Corporation Second Addn. (loc. on Rylan Road (south of County Road No. 6 and west of I-29).____________________
There were no comments.

2.13 Petition from Sharon Bredemeier on behalf of Dolores King and the Grand Forks Park District to vacate 13th Ave.N. (formerly Ansel Avenue) (located at N. 5th St. and Gateway Drive) adjacent to Lots 2 and 4, Blk. 49, Alexander and Ives Addn.
There were no comments.

2.14 Request from George M. Unruh, president on behalf of Vaberg Properties, Inc. for preliminary approval of ordinance relating to Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan.___________________________________________________________________
There were no comments.

2.15 Request from George M. Unruh, president, on behalf of Vaberg Properties, Inc. for preliminary approval of ordinance to rezone from A-1 to I-2 Lots 4 and 6, Blk. 3, Lots 5 through 8, Blk. 4, Lots 2, 4, 6 and 8, Blk. 5, and Lots 1 through 10, Blk. 6, Sunny Nodak Farms Addn. (loc. at N. 69th St., N. 66th St., N. 62nd St., University Avenue and 8th Ave.N.)_________________________________________________
There were no comments.

2.16 Request from LaVonne Adams for preliminary approval of an ordinance to amend zoning map to exclude from Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 3, and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 4, all of Shadyridge Estates First Addn., Shadyridge Estates Second Addn., Shady- ridge Third Addn., Shadyridge Estates Fourth Resubdiv., Shadyridge Fifth Resubdiv., Shadyridge Estates Sixth Addn., Greenwood Subdiv., unplatted portions of Section 26, Shadyridge Estates Seventh Addn. and all those lands to be platted as Shadyridge Estates Eighth Resubdiv. (loc. in vicinity of Adams Dr. and Shadyridge Ct.)___________________________________________________
Brad Gengler, city planner, reported that Planning and Zoning Comm. this past Wednesday was presented with the final approval of the plat of Shadyridge Eighth Resubdivision, prior to that meeting they had discussion with local residents and number of issues brought up; the Commission decided to table the plat at the meeting and the plat will be coming back in June. However, this particular agenda item is the rezoning, and the area that is referred to on the map in your packet for years dating back to 1994 or 1995 was zoned R-3, Medium Density, Residential, over the years there hadn't been any development planned so it remained as such. However, an application has been received and staff and Planning and Zoning Commission is recommending approving rezoning it from R-3 to R-1 (Single Family Residence) and all parties agreed that would be consistent plan with that particular neighborhood; and this coming Monday you will take preliminary action and in the meantime staff has met with some of the adjoining neighbors and will have a neighborhood meeting coming soon to address concerns from both parties.

Christensen asked if they would be discussing the replatting with property owners because there have been some letters over the years where people have written stating that when the City built the dike we have deprived them of some of the use or access of their lots, hopes we get this wrapped up at the same time and make sure that everybody is involved in this, and asked if he would call those people. Mr. Gengler agreed.

3. INFORMATION ITEMS

3.1 Portfolio Management/Summary report ending April 30, 2008.
Information only.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Hutchison that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor