Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 17, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 17, 2003 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; absent: Council Member Kerian - 1.
President Gershman 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.
President Gershman commented on various events held during the past week and upcoming events:
1) Mayor Brown is in Sarpsborg, Norway visiting our sister-city and will be back next week;
2) that Grand Forks lost its first citizen in the Iraqi war this week - Pfc. Sheldon Hawk Eagle, 21, and our thoughts go to his family and our respect and gratitude.
3) this weekend was another successful weekend in Grand Forks, the Alerus Center was full and Engelstad Arena was full and Pride of Dakota took place at the Alerus Center over the weekend also which was extremely successful.
4) Third Street is open; and next weekend have the Division II playoffs with the Sioux, congratulations to them and Friday night Mannheim Steamroller will be here, and chance to have another wonderful weekend in Grand Forks.
Gerry Nies, 1815 University Avenue, stated he talked to one of the vendors from Fargo who stated he went to all of the Pride of the Dakota events and number of craft shows, etc. and stated that this facility is the best, and people recognize what an awesome facility we have.
CLOSE 30-DAY PUBLIC COMMENT PERIOD FOR 2004
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
HOLD PUBLIC HEARING AND APPROVE FUNDING
RECOMMENDATIONS
President Gershman closed the 30-day public comment period and opened the public hearing on the 2004 Community Development Block Grant Program (Document No. 8303, 2004 CDBG Program). There were no comments and the public hearing was closed.
Keith Lund, Urban Development, stated the annual action plan received preliminary approval on October 6, 2003, and at that time the project submitted by Alternative Sports, Inc. for the Dream Project, the rehabilitation of a site specific for an indoor youth recreation facility received preliminary approval but that they were not successful in acquiring that building and are asking that the plan be amended to eliminate that project, $50,000, and that the annual action plan be approved as amended ($1,600,000).
Council Member Hamerlik moved the motion to approve the funding recommendation and that the plan be amended to eliminate the project submitted by Alternative Sports, Inc. and that the annual action plan be approved as amended. Council Member Brooks seconded the motion.
Council Member Hamerlik questioned usage of funds that would be eliminated. Mr. Lund stated they essentially over-spent their estimated income by $250,000, and chose to fund that out of either additional program income received or pre-award costs in which they spend down next year's allocation and that is a mechanism in which they can be more timely with their expenditures for the Department of Housing and Urban Development, and lessen our over-draft.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.
INTRODUCE ORDINANCE RELATING TO TRAFFIC
AND MOTOR VEHICLES
The staff report from the city attorney relating to proposed ordinance relating to traffic and motor vehicles, with recommendation to give preliminary and final approval to draft ordinance amending Sections 8-0101 (definitions), 8-0202 (driving under the influence of controlled substances), 8-0205 (liability insurance - all drivers to carry adequate coverage), 8-0305 (license and registration to be carried and exhibited on demand), 8-0602 (seat belts), 8-0615 (windshields required - must be unobstructed - tinted windows) and 8-0616 (windshield wipers required) - generally relating to traffic and motor vehicles.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Sections 8-0101, 8-0202, 8-0205, 8-0305, 8-0602, 8-0615 and 8-0616 of the Grand Forks City Code relating to traffic and motor vehicles", which was presented, read and passed on its first reading.
AWARD 2003 SIDEWALK WARRANTS
The staff report from the finance department relating to matter of 2003 sidewalk warrants, with recommendation to award 2003 sidewalk warrants to Wells Fargo Brokerage Services, LLC/Public Finance Division. (Financing of $156,000 for sidewalk improvement projects with net interest cost of $17,637.10).
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.
AWARD BIDS FOR PROJECT NO. 5316, UND WATER
TOWER RECONDITIONING
The staff report from the engineering department relating to consideration of bids for Project No. 5316, UND Water Tower Reconditioning, with recommendation to return unopened bids to Odland Protective Coatings, Inc. and LeadCon, Inc., and to award contract to lowest responsible bidder, TMI Coatings, Inc. in the amount of $493,000.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Christensen, Kreun, Gershman - 5; voting "nay": none. President Gershman declared the motion carried.
APPROVE URBAN AND REGIONAL PROGRAM
PROJECT REQUEST TO NDDOT
The staff report from the engineering department relating to Urban and regional Program Project request to NDDOT, with recommendation to approve Federal Aid projects for construction years 2005 to 2009: Document No. 8304 - Listing.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE APPOINTMENT TO LIBRARY BOARD
The staff report from the Mayor's Office relating to the Grand Forks Public Library Board appointment, with recommendation to confirm the appointment of Council Member Kerian as the city council representative to the Grand Forks Public Library Board for a term of three years.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE BUDGET AMENDMENT
The staff report from the Office of Urban Development relating to budget amendment request to increase 106 budget to reflect program income in the amount of $792,000.00 and to approve the budget amendment. It was moved by Council Member Brooks and seconded by Council Member Hamerlik to approve the budget amendment. Carried 5 votes affirmative.
APPROVE VARIANCE TO LAND DEVELOPMENT
CODE FOR THE PURPOSE OF VARYING SITE ACCESS
OFF UNIVERSITY AVENUE
The staff report from the Planning and Zoning Commission relating to the request from Kurt Eickhof on behalf of Eickhof Development Group, LLC for approval of a variance to the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907, subsection (2), rights of way, paragraph (L) right of way access; subparagraph 3, Arterials to the city of Grand Forks, North Dakota, for the purpose of varying the site access off University Avenue. The property is located on Lot 7, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (200 North 69th Street); with recommendation to approve the request for a variance, subject to the removal of the southern portion of the existing access driveway.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS H, J AND
K, BLOCK 6, CONGRESSIONAL FIRST RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Eastern Dakota Housing Alliance for final approval (fast track) of the Replat of Lots H, J and K, Block 6, Congressional First Resubdivision, city of Grand Forks, ND (loc. on Selkirk Circle), with recommendation to give final approval to the replat, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved.
Council Member Christensen asked to be recused from voting on this item. It was moved by Council Member Hamerlik and seconded by Council Member Brooks to recuse Council Member Christensen. Carried 4 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 4 votes affirmative; Council Member Christensen recused.
APPROVE CHANGE IN AMORTIZATION IN
UNFUNDED LIABILITY
The staff report from the Pension and Insurance Committee relating to change in amortization in unfunded liability, with recommendation to approve change in the amortization of the unfunded liability to 30 years.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE MATTER OF AELTUS CORE ACCOUNT
The staff report from the Pension and Insurance Committee relating to the matter of Aeltus CORE Account, with recommendation to approve the addition of the Aeltus CORE account to the investment allocation, creating a new overall allocation as follows: Large Cap Stocks (Growth Equity Fund, Value Equity Fund, Enhanced CORE Equity Fund) 60-80% SMID Capitalization Fund 10-20%, International Equity Fund 10-20%, Broad Market Active Fixed Fund 10-30%, Cash Management Fund 0-30%.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE REQUEST FOR HEALTH INSURANCE BY
GRANT EMPLOYEE
The staff report from the Pension and Insurance Committee relating to request for health insurance by grant employee, with recommendation to approve health insurance coverage under the City's group plan through NDPERS for the Grand Forks Historic Preservation Commission director, provided that there be no cost to the City, and pending review by the city attorney and the NDPERS plan.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this recommendation be approved. Carried 5 votes affirmative.
APPROVE POST-EMPLOYMENT HEALTH PLAN
The staff report from the Pension and Insurance Committee relating to the matter of post-employment health plan, with recommendation to authorize the employee group to continue work to finalize the contract with ICMA-RC for the offering of a post-employment health Plan. Contract will come back to council for approval and will be reviewed by the city attorney. There will be no additional cost to the City for this benefit.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik to approve the recommendation. Carried 5 votes affirmative.
COUNCIL MEMBER GLASSHEIM REPORTED PRESENT
REFER MATTER OF SANITARY SEWER SERVICE STUDY
FOR AREA EAST OF BELMONT ROAD BACK TO SAFETY/
SERVICE STANDBY COMMITTEE
The staff report from the engineering department relating to the sanitary sewer service study for area east of Belmont road (Shady Ridge area), with recommendation to receive and file report from WFW Consulting Engineers dated October 9, 2003, authorize city staff to pursue a pressure system for sanitary sewer on the east side of the permanent levee. For pressure systems the City will operate and maintain the mainlines. Individual service lines and grinder pumps will be the responsibility of the property owner.
Council Member Kreun moved that this matter be referred back to the Safety/Service Standby Committee for further consideration. The motion was seconded by Council Member Christensen. Carried 6 votes affirmative.
AUTHORIZE LEAVING MEETING TIMES FOR COUNCIL
AND COMMITTEE OF THE WHOLE AT 7:00 P.M.
The staff report from President Gershman relating to city council/committee of the whole meeting time, with recommendation that if the start time of the city council and the committee of the whole meetings were to be changed a motion would be in order. The meeting time is not codified and a change to city ordinance would not be required.
President Gershman asked that they table this item at this time as he feels we need more time to hear more public comments; that a poll was taken during broadcast last week followed by rebroadcasts and that 30 callers wanted the 5:00 p.m. start and 16 wanted the 7:00 p.m. but should hear more from the public.
Council Member Glassheim moved to table this item, Council Member Christensen seconded the motion.
Council Member Hamerlik stated this is only prolonging the item, that poll wasn't scientific study.
Council Members Glassheim and Christensen withdrew their motion to table.
Council Member Christensen moved to deny the request to change motion to have 5:00 o'clock meeings, but to stay as is and to continue the meetings at 7:00 p.m., Council il Member Brooks seconded the motion.
It was moved by Council Member Glassheim to amend the motion to affirm the meeting time at 7:00 o'clock p.m., Council Member Christensen seconded the motion. Carried 5 votes affirmative; President Gershman voted against the motion.
Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 5 votes affirmative; President Gershman voted against the motion.
APPROVE REQUEST FOR CITY FUNDING FOR MARKET-
PLACE FOR ENTREPRENEURS/MARKETPLACE FOR
KIDS EVENTS
The staff report from the Office of Urban Development relating to request for City funding from Marketplace for Entrepreneurs/Marketplace for Kids, with recommendation to approve $30,000 from Fund 2163 for the events.
It was moved by Council Member Hamerlik that we support Marketplace West for Entrepreneurs and for Kids of $25,000 and $5,000 out of Account 2163 for the forthcoming event providing that there is not a political atmosphere. The motion was seconded by Council Member Brooks.
Council Member Brooks asked how that would be enforced. Mr. Swanson, city attorney, stated that the phrase "no political atmosphere" is one that has any ability to define or enforce, without added definition
it is not a term that appears defined in any statutes relating to electioneering or illegal campaigning of that nature, it conveys a message but with all due respect it is not one that could be enforced in any respect. Council Member Hamerlik stated it is just a message because no matter which political entities there could be, it is just a statement that it should not be used in that vein.
Council Member Brooks stated his problem is that this is a good program, done well and growing and questioned the value in sending a message
After further discussion Council Member Glassheim moved to delete the phrase "providing that there is not a political atmosphere". Council Member Christensen seconded the motion. Carried 6 votes affirmative.
Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried.
INFORMATIONAL ITEM
The financial management report from the finance department as of October 31, 2003 was presented.
APPROVE BILL LISTING
Vendor Payment No. 03-22, dated November 14, 2003, in the amount of $888,138.84, were presented and read.
It was moved by Council Member Christensen and seconded by Council Member Glassheim 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, Hamerlik, Glassheim, Christensen, Kreun, Gershman - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES NOVEMBER 3, 2003
Typewritten copies of the minutes of the city council meeting held on Monday, November 3, were presented and read. It was moved by Council Member Kreun and seconded by Council Member Glassheim that these minutes be approved. Carried 6 votes affirmative.
UPDATE ON FEMA REMAPPNG ISSUES
Al Grasser, city engineer, made a brief update on the remapping issue - that the remapping started before the 1997 flood as FEMA recognized our frequency of flooding here and after the flood FEMA talked about getting into the remapping process, which has been going on for 5-6 years; that on November 13 they had a meeting with the regional director of Region VIII re. remapping options. He showed map of city on the video screen (preliminary draft of the flood plain area designated for Grand Forks/East Grand Forks and some of the surrounding counties), showing outlying boundaries they are proposing on the mapping and encompasses most of the city, showing areas in the A-Zone (within 100-year flood plain) and any type of insurance that needs to be obtained would be based on the A-Zone rates. FEMA has been working on this map and they are ready to deliver preliminary map, staff still has questions on the process and other information previously provided, some questions have not been answered and they will pursue questions and clarification issue. He stated because of our flood protection project, there are a number of criteria that FEMA considers and is in the regulations that if we meet about 5 or 6 stop points of progress on our project, we can qualify for an interim rate. He showed the areas in Grand Forks and East Grand Forks in flood protection system, and those areas are in a A-99 Zone for insurance purposes and would have a lower insurance premium - FEMA stated about half rates in the A-Zone. He stated the projected timeline FEMA has on the remapping process would be the spring of 2005 (with either map), and the opportunities they are making for the cities is that we can request FEMA to consider the A-99 Zoning, they are also bringing issue up to the City is that we should probably look at asking the Corps of Engineers to start the post-construction remapping process (that will entail anything within our flood protection zone gets a category X exclusion which takes you out of the requirement to have any flood insurance, can still obtain flood insurance within that zone but at a reduced rate. He stated FEMA wants to proceed with the mapping - responsibility to get the information out to the public and to make the risks known. He stated from the staff side he would like to formulate some questions that have come up since the presentation which need more clarification, would like to send that information out and get it back and bring a staff report to the city council for consideration of the A-99 request and also bring back to council the request to the Corps of Engineers to start the post project remapping. He stated that FEMA will do remapping without any action by the city council, that council action will instigate the A-99 so do both at the same time.
President Gershman stated that the X zone, that those that have an SBA loan will still be required to carry flood insurance, as some people have refinanced and got out of the SBA loan which will help them going forward, and if people have not done that and are able to. He stated that if the City finishes the dike in 2006 but need to pay insurance as the remapping goes in in 2005, that FEMA has rebated 100% of the premium back to the citizens up to 14 months in the process once the dike is certified, still hardship for people to put the money out upfront but we need to get that in writing also.
Council Member Kreun stated that some of the requests that we made two years ago, as they wanted to start this process quicker and in working with FEMA in order to match our completion date of the dike with FEMA's remapping, the spring of 2005 is when that would go into effect - holding off the payments for flood insurance if become necessary.
Mr. Grasser stated they did ask about the option of the community participating in cost sharing with FEMA to do the detailed elevation locations of the structures and that option for budget constraints is no longer available, and if that happens, it would be at community expense.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks thanked Mr. Nees for his comments, and also stated that the war has come to many individual homes in Grand Forks and today came to all of the homes in our community with the news of a death of someone from our home town, and hero is someone who puts himself in harm's way, and that thoughts and prayers of everyone in the community go out to the family of a hero.
2) Council Member Hamerlik reported that the Pension/Insurance Committee will be meeting at 3:00 p.m. on Wednesday and that NDPERS will have a rep. here at 1:30, 2:30 and 3:30 p.m. that day to accommodate the employees and intent is for individual to talk about the bill that was passed by the Legislature, having to do with medical insurance under the PERS plan in the State of ND upon retirement.
3) Council Member Glassheim thanked engineering and flood protection staff for their work on North 3rd Street as they now have a street for the winter; and only wish have more control on content and timing of Corps contracts but our staff has been working to get this done for months, and very grateful.
4) Council Member Christensen stated that in the Public Works/Engineering comments that we have had a good year re. building permits (170 new single-family homes, 93 homes, 77 town homes and about 276 permits for multiple housing) and would appreciate having an estimate on revenue that will be generated from these new homes in taxes so have numbers to work with in their committee.
He would appreciate report as to the progress being made and when anticipate construction or ground being broken for the hotel at the Alerus, the contract requires that we have plans and specs., etc. and would like report in a month.
He stated they will have to get their arms around agreement with the Park District and the land that is to be deeded, when deeded, etc., not sure if Riverside pool will be open or closed next summer and not sure as to what level of maintenance is required for our existing parks for next summer.
5) Mr. Swanson reported that last week he forwarded to Mr. Brooks a draft ordinance on Gateway Drive design standards and review committee, there is a concern he has re. adoption or drafting of the standards and that they will be looking at that and if anyone has ideas on applicable standards, he would be open to those, and if any council member did not receive copies to let him know.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek, City Auditor
Approved:
______________________________________
Harold A. Gershman, President of City Council