Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 17, 2002
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 17, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman (teleconference system), Lunak, Christensen, Klave (teleconference system), Kerian, Kreun, Martinson -13; absent: Council Member Bakken - 1.
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 welcomed two of the newest members of the Grand Forks Police Department, police dogs Taz and his handler, Officer Keith Rowan, and Jake and his handler, Officer Barb McLeod; that Taz and Jake along with their handlers have gone through the extensive 14-week long canine program at the St. Paul Canine Academy, both dogs are purebred German shepherds and both came from Europe, which is common among U.S. police dogs; and that Taz and Jake will be responsible for tracking, building searches, suspect apprehensions, drug investigations and bomb detection. The canine program is funded primarily with federal grant money. Mayor Brown presented their handlers with their badges and certificates of appointment as sworn officers of the Grand Forks Police Department.
Mayor Brown announced a cooperative effort between Grand Forks and East Grand Forks, that he and Mayor Stauss are calling for volunteers to help with flood cleanup in Roseau and Warroad, MN and would like to see individuals, businesses and organizations turn out for this worthwhile event, that it wasn't long ago that we needed help cleaning up after our devastating flood and that this is a tremendous opportunity for anyone who benefited from that kind of help to exchange the favor. Buses will be leaving from East Grand Forks City Hall on Thursday morning between 8:00 and 8:30 a.m. and return between 6:00 and 7:00 p.m., volunteers should call 773-8440 to register so that they have adequate transportation.
Mayor Brown congratulated the organizers, participants and fans that took part in the 17th Annual Grand Cities Soccer Tournament, more than 85 teams made up of more than 1700 boys and girls, age 10 to 19, took part in the weekend activities. Debbie Loyd, president of Greater Grand Forks Soccer Club stated the tournament is a great way to showcase our community.
He recognized the attendees of the Customer Service Training Seminar that was held recently, the training was for city employees and focused on customer relations in providing quality service, about 30 people attended the seminar that was put on by the UND Office and Workforce Development; and was happy to see employees taking advantage of opportunities to provide excellent customer relations.
He stated that the City joins President Bush and the US Department of Housing and Urban Development in declaring June National Home Ownership Month, the goal is to help more Americans become home owners; that the city council has recently approved a new assistance program for families between 80 and 100% of median family income; that Grand Forks also offers several other programs to help low and moderate income families purchase a home, and for these reasons Grand Forks will celebrate June as National Home Ownership Month and would encourage them to contact Urban Development Office for more information on these programs.
PRESENTATION BY RED RIVER VALLEY CLEAN CITIES
COALITION
Dan Daly, research manager at the Energy & Environmental Research Center and coordinator for a group called the Red River Valley Clean Cities, and that the cities of Grand Forks, East Grand Forks and Winnipeg are members of this Coalition; that he is working with Todd Feland, City Public Works, on a project and Mayor Brown asked him to address the council to give an overview of this activity. He stated this is a Department of Energy program and working in 80 cities within the United States; these coalitions are partnerships between government and local stake holders, businesses and fleet managers with the intention of utilizing alternative transportation fuels and alternative fuel vehicles and made a short presentation.
ACTION ITEMS
Council Member Hamerlik stated that some time ago the council decided to go to the committee of the whole with the intention to discuss council items at these meetings with citizen input and to have regular council meetings on the first and third Mondays of the month and take action at those meetings, that his concern is that the council should take action tonight only on items that have been discussed previously where they've had opportunity for input from citizens, and that the council should table any of those items that haven't been discussed by committee of the whole and table it until our next meeting, whether special meeting or on the 24th of June, etc.
Mr. Swanson, city attorney, stated with respect to an agenda item which is a request for consent to transfer control of a non-managing general partner in the cable TV franchise, that they have a timeline that needs to be met by the end of this week on that item, but if do not act on that item we will have defaulted on that requirement.
Council Member Hamerlik stated they also need to act on the item relating to the canvass of votes for the June 11, 2002 biennial city election but could grant exceptions to those items.
It was moved by Council Member Christensen and seconded by Council Member Brooks to suspend procedure and consider specific council agenda items relating to 1) election results, 2) transfer change of control of corporate cable television franchise, 3) bids for City Project No. 5353, 4) request by Dennis Kulas to purchase vacant lot at 724 North 4th Street, 5) matter of creating special assessment district for Project No. 5320, Library Circle; 6) request to rezone Lots 17, 19, 21 and 23, Block 23, Villard's Addition; 6) portfolio summary (info.), and minutes and bill listing, with other items to be referred to the committee of the whole for discussion. Carried 13 votes affirmative.
CANVASS RESULTS OF BIENNIAL CITY ELECTION
HELD IN CONJUNCTION WITH PRIMARY ELECTION
ON JUNE 11, 2002
The acting city auditor presented canvass of the June 11, 2002 biennial election results as approved by the County Canvassing Board on June 14, 2002: Document No. 8185 - Report.
It was moved by Council Member Brooks and seconded by Council Member Martinson to accept and file the canvass of the results of the June 11, 2002 biennial city election, Carried 13 votes affirmative.
ADOPT RESOLUTION APPROVING CHANGE OF
CONTROL OF CORPORATE CABLE TELEVISION FRANCHISE
The staff report from the city attorney relating to the application for consent to transfer control of non-managing general partner, Midcontinent Communications, and its cable TV franchise to AT&T Comcast Corporation, with recommendation to adopt resolution approving change of control of corporate cable television franchise.
Council Member Brooks introduced the resolution, which was presented and read: Document No. 8186 - Resolution
It was moved by Council Member Brooks and seconded by Council Member Martinson that this recommendation be approved. Carried 13 votes affirmative.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, STREET IMPROVEMENT PROJECT NO. 5320,
DISTRICT NO. 90
The staff report from the engineering department relating to creating a special assessment district for City Project No. 5320, Street Improvement District No. 90, paving Library Circle from South 17th Street to the intersection 300 feet east of the Public Library and South Library Circle from South 17th Street to Library Lane, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5320, District No. 90.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this recommendation be approved. Carried 13 votes affirmative.
Council member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8187 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Kreun, Martinson - 13; voting "nay": none. Mayor Brown declared the resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET IMPROVEMENT
PROJECT NO. 5320, DISTRICT NO. 90
The acting city auditor presented and read the engineer's report on Street Improvement Project No.5320, District No. 90: Document No. 8188 - Report.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this report be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET IMPROVEMENT
PROJECT NO. 5320, DISTRICT NO. 90
Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8189 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Kreun, Martinson - 13; voting "nay": none. Mayor Brown declared the resolution adopted.
ACCEPT LOW BID FOR PROJECT NO. 5353, 2002 FORCEMAIN
VALVE REPLACEMENT, AND AWARD CONTRACT
The staff report from the engineering department relating to the bids for City Project No. 5353, 2002 Forcemain Valve Replacement, with recommendation for award of contract to Molstad Excavating, Inc. in the amount of $59,500.00.
It was moved by Council Member Brooks and seconded by Council Member Martinson that this recommendation be approved and the contract awarded to Molstad Excavating, Inc. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Kreun, Martinson - 13; voting "nay": none Mayor Brown declared the motion carried and the contract awarded.
ACCEPT PORTFOLIO SUMMARY - INFORMATION
The portfolio summary for the period ending May 31, 2002 was presented to the city council for information. It was moved by Council Member Brooks and seconded by Council Member Martinson to accept the report. Carried 13 votes affirmative.
DECLARE PROPERTY AT 724 NORTH 4TH STREET AS
SURPLUS AND OFFER FOR SALE
The staff report from the urban development office relating to the request by Dennis Kulas to purchase the property at 724 North 6th Street, with recommendation to hold the lot at 724 North 4th Street for future development proposals.
It was noted that Mr. Kulas' lot at 720 North 4th Street is 25 ft. wide, with an assessed valuation of $25,000 and Mrs. Frovarp's lot at 726 North 4th Street is 37.5 ft. wide with an assessed valuation of $37,000, and that the vacant lot at 724 North 4th Street is a 50 ft. lot. Terry Hanson, Urban Development, noted that if the lot is declared surplus, it will go out on bid to the highest bid with a minimum price of at least 95% of the assessed value (the assessed value of the lot is $11,400).
Mr. Hanson stated that his understanding of why the house did not sell in the first round of RFP's was that the developers wanted to try the program and this was not one of the choicest lots. Council Member Gershman stated this was a secondary location. It was noted that this lot is out of the floodplain. Council Member Burke stated that with regard to affordable housing, one of the things that makes for affordable housing are smaller lots and every 25 ft. lot that we do away with right now is one 25 ft. lot that we cannot have housing on in the future, that those lots for as long as the structures are there are going to be housing units that are more affordable, and with the vacant lot being buildable providing opportunity for an affordable building lot and that it is in the City's interest to preserve the smaller lots with housing units on them already.
Mr. Hanson stated this is a new program (in-fill program) and want to give the developers the opportunity to build a home on those lots to see if they can sell those homes, the three developers have said that if they sell the houses in a short period of time they are willing to look at the remaining lots that were in the RFP and continue to build homes. Council Member Brooks stated that the lots on each side of the vacant lot are non-conforming lots and if the vacant lot were split, would get that land back on the tax rolls and then have full size lots. Mr. Hanson stated that when declare lots as surplus and put up for bids, the minimum bid is 95% of the assessed value and if do not have any offers at 95%, then would list the lot with realtors and consider offers from that point forward. Mr. Kulas stated that he and his neighbor were willing to purchase the lot, and that if the lot is to be declared surplus, he plans to go on vacation soon and if possible lay concrete pad so it would cure while he is gone. Council Member Martinson questioned who would build an $80,000 or $90,000 home in a neighborhood where homes are market value of $50,000 to $60,000. It was also noted that the policy is 95% of the assessed value; and if the adjacent property owners buy the lot, the lot will have to be replatted as you cannot sell partial lots and that there will be a replatting cost and will have to have that process in place to get the building permit.
After further discussion it was moved by Council Member Gershman and seconded by Council Member Christensen that the property at 724 North 4th Street be declared as surplus and offered for sale. Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, Council Members Burke and Glassheim voting against the motion.
DENY REQUEST TO AMEND ZONING MAP TO REZONE
AREA AT 12TH AVENUE SOUTH AND SOUTH 15TH STREET
FROM R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY)
TO B-3 (GENERAL BUSINESS) DISTRICT
The staff report from the Planning and Zoning Commission relating to the request from Douglas A. Bergman for preliminary approval of an ordinance to amend the zoning map to rezone from R-4 (Multiple Family Residence High Density) District to B-3 (General Business) District, Lots 17, 19, 21 and 23, Block 23, Villard's Addition to the city of Grand Forks, North Dakota (located at 12th Avenue South and South 15th Street), with recommendation for denial of the ordinance by the Planning and Zoning Commission, and recommendation for denial by the city council.
Tom Hagness, 1423 11th Avenue South, stated that the property in question is 1423 12th Avenue South, with zoning split in the middle of the block with a B-3 zone going to the east and the balance an R-4 zone and the property owner wants to put up a machine type shop (repair) but that does not belong in a residential neighborhood where you have an R-1 zone across the street, notices were sent to residents with 55 notices sent out and 13 showed at the meeting but difficult to get residents to meetings, and of those who attended the meeting were unanimously against the rezoning request. He also noted that under zoning regulations you cannot exit from a B-3 zone into an R-1, R-2 or R-3 zone so cannot exit into a residential neighborhood, and owner would have to exit out the alley to exit off the property; the building will be 20 ft. high and 40 ft. long and doesn't belong in a residential neighborhood.
Leila Olson, 814 Stanford Road, stated they own 4-plex several houses from Mr. Hagness' property, and stated that the proposal is not just for a machine shop for repairs, he also wants to do customized manufacturing of small parts, and that this business in this neighborhood would have a bad effect on the ability to rent vacant apartments and that manufacturing doesn't belong in a residential area.
Council Member Hamerlik stated this concerns him as Mr. Bergman is not present at this meeting; however, Council Member Kreun noted that Mr. Bergman wanted to make sure that this item was considered this evening because he needed to know what his plans were going to be and the opportunity was given and explained at Planning and Zoning that it would be on tonight's meeting.
It was moved by Council Member Kerian and seconded by Council Member Christensen to move the denial of the rezoning request. Carried 10 votes affirmative, Council Members Bjerke, Stevens and Hamerlik voted against the motion.
APPROVE MINUTES JUNE 3, 2002
Typewritten copies of the minutes of the city council meeting held on Monday, June 3, 2002 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Lunak that the minutes be approved. Carried 13 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No. 02-12, dated June 17, 2002, totaling $717,730.30, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Brooks 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 Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Kreun, Martinson - 13; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
ADMINISTRATIVE COORDINATOR COMMENTS
Rick Duquette, administrative coordinator, asked Terry Hanson of Urban Development for a quick update on the matter of home relocation project.
Mr. Hanson reported that as a result of the Community Development Block Grant the City was required to relocate a number of historical homes, that last October they issued a notice to begin work on the last 6 houses they were required to do, entered into a contract to move these houses with substantial completion to be done by February 15, the contractor poured basements and started moving houses, first house moved the end of November, 2001 and immediately upon the setting of that house it was realized that the foundation did not match the house precisely. The contractor continued to pour basements and his office (Mr. Hanson's) put the contractor on notice that had occurred and the contractor continued to move forward, and as a result the City is in negotiations with the contractor to resolve the problem where not all of the houses do not fit on the foundations as required to fit; have sent letter to the contractor with his office's solution requesting that the contractor resolve the situation to what they feel is an equitable solution (proposal is requesting that work be completed by July 31) and if the contractor accepts the proposal, is fairly confident that it will be done by then. He stated in the meantime there have been some concerns by the neighbors and other residents that the lots have been backfilled but not rough graded and/or fine graded but that is an issue with the contractor and have been in discussion with the contractor to try to do something to clean up the lots but there has been some question on whether or not the contractor will actually have to remove some parts of the foundations and that has been his hesitation to this point to not rough grade the lots, but that if the contractor accepts the proposal being offered he will be able to move in and complete grading the lots and finish the work.
Council Member Burke questioned whether this situation will be resolved by the date set; Mr. Hanson stated that it can be accomplished by this date, but the only thing he questions is whether it can be done by the expiration date but if the contractor puts all his resources behind it he could finish the job by then. He stated there is penalty for going over the completion date of the contract, which is originally June 15. Council Member Burke suggested that the Office of Urban Development communicate with the neighbors of the affected properties exactly what the City's plan is to proceed with the contractor to get these situations resolved and that the Office of Urban Development report back to council after July 31 to update the council on the status of the project.
Mr. Swanson stated he was concerned with what type of communication the department would issue to the neighbors, that they have made a claim on the performance bond for the contractor, and also put the contractor on notice of potential claims for breach of warranty, negligence and other claims and wouldn't want to open the door to some type of counter claim from the contractor against the City, thinks it would be appropriate to communicate to the neighbors that the project has taken longer than anticipated, that there are issues attempting to be resolved, but not helpful to try to recount to neighbors a perspective of what amounts to be a contractual dispute between the contractor and the City. The proposal that Mr. Hanson briefed you on is in the mail today so the contractor has not yet even seen that proposal, and they will know at some point in time from the contractor's attorney whether or not they will accept the proposal; and asked if that meets with Council Member Burke's expectations, he has no concern but not prudent to try to get into a recount of all of the concerns or issues between or among the parties. Council Member Burke stated residents are calling council members because they don't know what the City is doing on their behalf and restore the appearance and would like to know in layman's language what is going on and when they can expect their neighborhood to be back in reasonable shape.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Klave thanked the mayor, staff and the council he has worked with in the past 8 years, very enjoyable and wished the best of luck to the future council in their endeavors and thanked the citizens for their support over the 8 years.
2) Council Member Brooks thanked Todd Feland and staff for help during rain event, had some flooding problems between Shakespeare and Darwin; and thanked voters of Ward 1 for their vote of confidence and will attempt to serve them well in the next two years.
3) Council Member Bjerke asked what the schedule is for next week. Mr. Duquette stated they are holding items for a committee of the whole discussion, and asked council if they wanted to do that next Monday, June 24, or after the meeting on June 25. It was noted that they will meet on June 25 for organizational meeting and that new council could have items for discussion for July 1 council meeting.
4) Council Member Stevens thanked council members for making his term on the city council a pleasant one, and congratulated all of the members that were elected or re-elected and wished them well.
5) Council Member Hamerlik stated at the last meeting he was concerned about the event that was to be held at the Engelstad area (about liquor permit, dance, etc.) and thanks to a lot of effort by the police department and the Engelstad Arena group had it well organized; and because of the rain event. He stated there were several spots that he was concerned with and received telephone calls for and hopes that the engineering department needs to look at what happened or what can be done as to the number of homes that had water on their living area, that residents along the English Coulee concerned about how quickly the water comes up, and need to look at areas to see if there is anything we can do.
6) Council Member Burke stated he has learned this week that one of our employees will be leaving, Michelle Cooke, because her husband has been reassigned by the Air Force, and brought it up as Mrs. Cooke is at the table tonight; that he has had considerable interaction with her in his two years on the council and personally extended his thanks for her work for the City and wished her good luck in her new location.
7) Council Member Glassheim stated there was a listing of committees presented that council members serve on, and asked if there were any that were missed - Growth Fund Committee. Correction will be made. It was noted that the next Ethics Committee is scheduled for 6:00 p.m. July 1; and that a new appointee will replace Council Member Bakken.
Mayor Brown noted that Grand Forks and East Grand Forks are calling for volunteers to help with the flood cleanup in Roseau and Warroad this week, buses scheduled to leave Thursday between 8;00 and 8:30 from East Grand Forks City Hall - important for volunteers to call 773-8440 to register.
ADJOURN
It was moved by Council Member Christensen and seconded by Council Member Martinson that we adjourn and reconvene as the committee of the whole. Carried 13 votes affirmative
Respectfully submitted,
Michelle Cooke
Finance Analyst and Acting City Auditor
Approved:
_________________________________
Michael R. Brown, Mayor