Council Minutes
18611
August 4, 2003
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 4, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 4, 2003 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, 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.
Girl Scout Troops 157, 797 and 880 led the city council in the pledge of allegiance to the flag.
Mayor Brown commented on various events held during the past week including Midwest Plains Regional Babe Ruth Baseball, age 14, tournament players and families, thanks to organizers, final game Wednesday; Catfish Days and Chili Cook-off this past week-end along with Farmers Market and Crazy Days, congratulations for organizers and volunteers; on Saturday Ceremonial Grand Opening of the new campgrounds in State Recreational Center in East Grand Forks and congratulations to Mayor Stauss and East Grand Forks; another event this week is Fleetwood Mac concert at the Alerus; presentation of preliminary budget for 2004 on August 6 at 4:30 pm. in council chambers; and public forum for Business Friendly Grand Forks Task Force on Tuesday at 7:00 p.m. in council chambers.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, congratulated Congressional delegation and the Corps of Engineers in coming up with the money needed to expedite and keep construction going this year, that enough money came in so that it will cover all of the work for this year and the Corps of Engineers will start bidding the Phase III contracts in both Grand Forks and East Grand Forks this fall.
The flood video was presented.
Council Member Kreun asked for explanation of dike construction along Belmont Road. Mr. Grasser stated they have had comments re. dike being built in golf course with large hole, that has to do with construction equipment and techniques available, more efficient for contractor to run scrapers to drop dirt, and in best interest to build the whole thing and if have to come back and put holes in for pump station, and good construction sequencing and economics.
At the request of Council Member Brooks Mr. Grasser updated council on North 3rd Street. that he met with the Corps of Engineers and contractor who have determined how to handle the storm sewer and sewer pipe that was there, they have to build a large connecting structure that has to go in before laying pipe and bring road up to grade; that once they start possibly 3 weeks.
Council Member Gershman stated that the report says that contractor should finish floodwall on Reeves Drive; Mr. Grasser reported that the contractor will start structural demolition of several garages this week, and that contractor has been hauling rip rap along the toe of the river as a counterweight to make sure enough weight on the river side so it doesn't slip on the upper end, and intends to get into the area behind Reeves Drive to start floodwall, they are under a time constraint to get that done in one season so won't be an area of vulnerability during next spring's flood season and should be seeing work in Reeves Drive soon.
Melanie Parvey-Biby, greenway coordinator, reported they are working on adopting a logo for the greenway project with the Greenway Technical Committee (managing agencies for the project) and the Friends of the Greenway and came up with logo that was close to the Friends of the Greenway's logo and to go ahead and utilize the same logo so they have consistency in the project, that they will be discussing that at the next Greenway Technical Committee meeting on August 12 at 10;30 a.m. at Park District and will be making a final decision on that. She stated they are working on preliminary plans for a dog park and had public input meeting at end of May, and have been looking at few potential sites (one in greenway near Central Park on wet side of the flood protection project, and in part of Lions Park by 24th Avenue South and 34th Street. Letters were sent to residents that are within a fourth of a mile from the site and asked them to meet with them on August 13 at 5:30 p.m. at Park District. She thanked Linda Lizakowski, intern on the project, and will be done on Friday.
She stated they did not have dates set for dedication ceremonies but are working with the Corps and contractors and would like to do something this fall in Lincoln Drive and downtown in community green area and would like to open the parks once they have those dedications, possibly looking at September in Lincoln Drive area.
Council Member Kerian asked if costs for the dog park is a greenway cost or within their budget or where might funds come from. Ms. Parvey-Biby stated they discussed asking Park District and City to possibly put funds together and are trying to establish complete cost for both locations because different sizes, also discussing options for possibly setting up fund for donations to the project, grant opportunities and sponsorships but haven't come up with complete list.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO OFF-STREET PARKING OR
STORAGE
An ordinance entitled "An ordinance adopting Section 18-0302(5)(D) of the Grand Forks City Code relating to off-street parking or storage", which had been introduced and passed on its first reading on July 7, 2003 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
Mayor Brown called for the public hearing.
Ross Weiler, 701 North 3rd Street, stated he has many concerns with the ordinance, that it is too specific, main concern is that it separates people into those who can afford to build a structure to maintain a place to store vehicles which they may or may not work on as a matter of a hobby, that ordinance will be virtually impossible to enforce fairly, that it is not the City's job to determine whether private land owner or citizen has reasonable use for something they are saving or keeping in their yard, that we should have a right to own property of any sort that we see fit. He stated he has problem with the parking ordinance in Section 13-0704 making it unlawful to dismantle an automobile except on business premises, etc., storing of building materials except on business premises; that ordinance needs to be enforce across entire city (not only on complaint) whether or not people can keep a vehicle in a parking space and work on it.
Council Member Kerian stated this ordinance re. off-street parking and storing vehicles, recreational vehicles, boats, trailers, etc. deals with storage and making sure that a person does not have a neighbor whose yards are completely covered or significantly covered with those kinds of vehicles.
Because this item will be on the Planning and Zoning Commission agenda on August 6, it was moved by Council Member Kerian and seconded by Council Member Christensen to continue the public hearing and second reading of the ordinance to August 18, 2003. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 3991. RELATING TO
PROHIBITION OF STORAGE OF JUNK
An ordinance entitled "An ordinance amending Sections 13-0701 and 13-0703 of the Grand Forks City Code relating to prohibition of storage of junk", which had been introduced and passed on its first reading on July 7, 2003, was presented and read for consideration on second reading and final passage.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make; there were none.
Council Member Kerian reported that there were a number of issues raised by Mr. Weiler and most of those are already in the Code, and this ordinance has to do with parking of damaged or deteriorated campers, boats, snowmobiles, etc. to the existing ordinance and asked for support for this ordinance.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the ordinance be approved and upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVAL OF PLEDGED COLLATERAL
The staff report from the finance department relating to the pledged collateral report, with recommendation for approval of the pledged security report. It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATION FOR CLASS 2 (OFF SALE
ALCOHOLIC BEVERAGE LICENSE BY TOM & JERRY'S
DUG-OUT PARTNERSHIP
The staff report from the finance department relating to the application for Class 2 (Off-Sale Alcoholic Beverage) license by Tom and Jerry's Dug-Out Partnership, 121 North Washington Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this item, and it was so moved by Council Member Glassheim and seconded by Council Member Christensen. Carried 6 votes affirmative.
Upon call for the question of approval of the recommendation and upon voice vote, the motion carried 6 votes affirmative.
APPROVE BIDS AND AWARD CONTRACT FOR PROJECT
NO. 5217, RECONSTRUCTION OF COLUMBIA ROAD AND
32ND AVENUE SOUTH
The staff report relating to bids for construction of Project No. 5217, 32nd Avenue and Columbia Road reconstruction, with recommendation to concur with North Dakota Department of Transportation to award contract to low bidder.
Bids were received on July 18, 2003 by the ND Department of Transportation and the apparent low bidder was Opp Construction in the amount of $7,387,514.94; if the ND Department of Transportation finds an error in the apparent low bid, the ND Department of Transportation may choose to award the contract to another bidder.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to approve the recommendation to concur with the Department of Transportation to award the contract to the low bidder. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECTS NOS. 5467 AND
5468, 5326 AND 5454, PAVING AND STREET LIGHTING
ON 34TH AVENUE SOUTH AND ON EAST ELMWOOD
DRIVE, AND BIKE/PEDESTRIAN PATH ON PORTION OF
32ND AVENUE SOUTH
The staff report relating to consideration of bids for Project No. 5467 and 5468, paving and street lights on 34th Avenue South east of Belmont road, and Project No. 5326 and 5454, paving and street lights on East Elmwood Drive from 32nd Avenue South to Elmwood Avenue and bike/pedestrian path on 32nd Avenue South from Belmont Road to greenway access on Elmwood Drive, with recommendation to award contract to lowest bidder. (Low bidder was Strata Corporation in the amount of $274,993.55)
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved, and the contract awarded to Strata Corporation in the amount of $274,993.55. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 5456, DISTRICT NO. 416, LIFT STATION
89 REHABILITATION
The city auditor presented and read tabulation of bids which had been received and opened on August 1, 2003 for Sewer Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, indicating that Construction Engineers, Ltd. was low bidder for general construction, McFarlane Sheet Metal for mechanical construction and Sun Electrical, Inc. for electrical construction in the amounts of $212,270.00, $14,744.00 and $174,900.00, respectively, with a total bid of $401,914.00: Document No. 8379 - Bid Tabulation.
The city engineer's estimate of total cost on Sewer Project No. 5456, District No. 416, in the amounts of
$269,583.00, $18,725.00, and $222,123.00, respectively for general, mechanical and electrical contracts, were presented and read.
The staff report from the engineering department relating to bids for Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, with recommendation to award the work for Schedule G-General to Construction Engineers, Ltd. in the amount of $212,270, Schedule B-Mechanical to McFarlane Sheet Metal in the amount of $14,744 and Schedule B-Electrical to Sun Electric, Inc. in the amount of $174,900.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8380 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this resolution awarding the contract for Sewer Project No. 5456, District No. 416, to Construction Engineers, Ltd for general construction, McFarlane Sheet Metal for mechanical construction and Sun Electrical, Inc. for electrical construction be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BID FOR EQUIPMENT FOR STREET DEPARTMENT
The staff report from the director of public works relating to street department equipment bid, with recommendation to approve bid of street department payloader to Sweeney Brothers of Fargo in the amount of $159,910.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE STOREFRONT REHABILITATION PROGRAM,
ROUND III
The staff report from the Office of Urban Development, relating to Storefront Rehabilitation Program, Round III, with recommendation to approve the following funding recommendations: 1) Norby's Work Perks, 1804 Gateway Drive, $10,000; 2) Town & Country Shopping Center, 1711 South Washington Street, $10,000; 3) Chrysler Center, 3401 Gateway Drive, $10,000; 4) Bobcat of Grand Forks, 3903 Gateway Drive, $7,217; 5) Community Service Center, 1506 South Washington Street, $10,000; 6) Acme Electric, 1117 North Washington Street, $10,000; 7) University Store-All, 500 Gateway Drive, $10,000; 8) Jay Holm's Valley Auto, 910 South Washington Street, $10,000; for a total of $77,217.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
HOLD MATTER OF SPECIAL ELECTION FOR
DESTINATION CITY INITIATIVE
The staff report from Mayor Brown relating to special election for the destination city initiative, with recommendation to call for a special election to amend the city sales tax portion of the Grand Forks City Home Rule Charter.
Mayor Brown asked for discussion.
Council Member Glassheim asked that the council not take a final vote tonight, that the task force is still working and the report is due Monday or Tuesday of next week and that he would like to see what is in the report, and that he doesn't want to vote on approving or disapproving something until he can see details of how much will it cost for people in regional area, annual pass, what is percentage of time that programs are likely to take up and a number of other matters but if have some way of instructing staff to draft something that they would have available to them for special meeting next week, and incumbent upon us to be able to answer some of the major questions that have been raised in public discussion.
Council Member Christensen stated they will get some numbers this week and those numbers will reaffirm that the experts think that it's going to take anywhere from $2 to 2.5 million to operate a 48 to 50,000 sq.ft. water facility, and if have that size facility and we have $12 to $13 million depending upon the mayor's proposal, that the resolution we have is that it is going to be about a $12.9 million and 9% contingency, that we have $880,000 for the Riverside pool, and if go with $13 million facility and spend our own $1 million, inasmuch as the Park District doesn't have any money to put in this facility, we will have to float a bond for $12 million, and the only variable you're asking for is what is it going to cost to participate to go to this facility and what is the programming. That he doesn't think there will be a lot of young children under the age of 14 in the facility in the evenings, Monday through Thursday during the school year, because most of the kids have after school and evening activities; and have two variables: 1) what is the size of the subsidy and 2) what is the City going to charge the hotel developers for usage of the park and don't know at this time because we've not discussed that with the developer and once we get these numbers from the consultants in Colorado, we still will have a minimum of 2 to 4 weeks of conversations because Mr. Schmisek, Mr. Duquette and the Mayor and Mr. Kreun and others will have to meet with the people from Canada to see what we are going to charge them for the usage of the facility, that he didn't think anything was going to change in 2 to 4 weeks.
Mayor Brown stated he would have to disagree as to 2 weeks or 4 weeks that because in discussing this with Canad Inns aware of the limited construction season and did have a goal of being open with the hotel for the World Jrs. 2004, and important that we be aware that the hotel developer has construction season and limitations and we need to be aware of that as the governing body and if we want to be a business friendly Grand Forks, nice to be friendly to a $13 million hotel coming to town which will pay property taxes and hire people. Council Member Christensen stated they can build their hotel, do their plans, put their footings in and if it is contingent upon the fact of the water facility, that's another issue, but he gets the impression that there is an urgency here, that we have to get this on the ballot because they may walk away. Mayor Brown stated delay can terminate the hotel deal - Canad Inns is a business, they have limited resources and need to be aware of construction seasons and deliberation can kill construction seasons.
Rich Becker, 3633 Lynwood Circle, spokesperson for New Horizon Decade group, and what they are trying to get passed and available to the citizens of our community to say yes or no to and once that happens it offers groups like theirs the opportunity to circulate throughout the community and try to educate and communicate and address issue and that up to this point only one side of the equation has really been presented, and negativity has been presented first and thinks have opportunity address the other side and hopefully convince the community of the merits of what they are trying to do. He asked each of the council members as they go through their discussions tonight move forward with agreeing on what is going to be presented to the community, let those on either side of the equation go out and try to work with the citizens and convince them one way or the other, and if successful in getting behind the mayor's initiative of which the New Horizons group is just one piece of and to allow something good to happen that the citizens can say yes or no to.
Tom Hagness, 1423 11th Avenue South, stated he thought this is what is best for Grand Forks and need the council to look past the water park to total economic benefit to Grand Forks, that he endorses the mayor's proposal almost 100%, that we have to look at property tax reduction, reduced flood assessment, aquatics center, economic development, greenway maintenance fund, eliminate portions of special assessments and possible hotel addition to the Alerus Events Center are second to none; that events center hotel going up, themed water park, NCAA Hockey Hall of Fame, automobile museum, aviation museum, additional 9 holes to Ray Richards, indoor golf - didn't think would go through without a sales tax - that they keep focusing on the water park and that this is much more than the water park and talk about the total picture that will benefit all of Grand Forks; and may best decision be made the first time and not vote on it twice.
Mark Ziegelman, 1309 Ryder Road, asked if discount would be provided to all motels and hotels in town; Mayor Brown stated it would have to be available to the community.
Mayor Brown stated that discussion about water park was brought forth by Park District as part of economic development to the community and Canad Inns people liked the idea of a hotel with a water park facility next to it; because they have limited resources, they have to allocate those resources and would like to see this community decide one way or the other so they can make the best economic decision for their facility. He stated that we do need a hotel to shore up the Alerus and in his discussions with them, he feels that a water park is critical for the development of the hotel next to Alerus.
Council Member Glassheim stated that he is concerned with the usage numbers because local residents might conclude that it is not being built for them, thinks the local residents will get a lot more usage out of it than the 80-20 and if we delay this for 6 or 7 days and have a final vote next week, asked if they could bring some estimates about potential use by local residents of the programmatic areas.
John Staley, Park District, reviewed background of the water park - the idea of water park started about 4 years ago when he wrote to the city auditor alerting him of needs to the Park District, post flood, replacing land for picnicking, golf course and a pool - replace Riverside Pool plus dealing with Elks pool which is degenerating, water park and looking at whole community of aquatics programming and would be on their agenda at some point, and saw across the country replacement of box pool to a playland type aquatics facility, and seemed to be way of the future, - playland type water facilities for the future plus incorporating pools for instructions and teaching children to swim, and therapeutic aspect of aquatics. It wasn't until last year comment was made about placing something like that near the Alerus and make a center - would be two community owned facilities working together to make it happen - have had lot of community input and direction from consultants and looking at trends; and this is for everybody.
Council Member Hamerlik stated we only have estimates and details will be refined well before any vote would be taken but have enough at this time to move forward with the process; and moved that we move forward with public vote for the water project and approve the following and ask the staff to insert and give draft ballot language and also for the Home Rule Charter for a 1/4% sales tax to be used for the aquatics center, dike and greenway maintenance, and street repairs and the draft language should include the cost of the aquatics center, not to exceed $13 million, and have and include a sunset clause at the end of the payment of debt on aquatics center. Council Member Gershman seconded the motion.
Mayor Brown stated the motion includes sunset clause and if that implies that greenway maintenance, street repairs and other items on this go away. Council Member Hamerlik stated his motion says the sunset clause would take effect upon completion of payment of aquatics center, yes.
There was additional discussion relating to the motion, and Council Member Hamerlik stated his intent would be that the use tax be left as it was previously which makes difference in the total income.
Council Member Brooks stated he has heard from citizens that they want a chance to vote yes or no on a water park, have to vote on increase in the sales tax, and citizens should be given the opportunity to vote yes or no on the water park - and if vote on the motion and if people are not in favor of the water park will kill the whole thing, that one thing that is included in the motion is the greenway maintenance which we are going to have to take care of one way or the other, not room in the General Fund and voters should be given the opportunity and seeing a vote for the sales tax increase to address the greenway and moved to have the question of the water park as a yes and no vote and that be a second item on the ballot.
Mr. Swanson stated with respect to that request, doesn't believe that relates to Council Member Hamerlik's motion, and although it would be in order at a later date, would not be consistent and would not be germane to Mr. Hamerlik's motion.
The motion died for lack of a second.
Mr. Swanson stated he did not hear any discussion as to the effect of that increase in the sales tax on the use tax and if they would be increasing use tax by the same rate. Council Member Hamerlik stated he did not state that in his motion, the answer is that they would want to continue that as it has been in the past. Mr. Swanson asked if they are increasing the rate; Council Member Hamerlik stated increasing it 1/4%. Mr. Swanson stated he would like to have additional time to provide them with drafts and with more information, but is concerned by the combination of street repairs, that is already covered in your Code under infrastructure, whether they intended to double up or to delete the definition of street repairs from infrastructure. Council Member Hamerlik stated his intent was to more aptly describe what it would be used for rather than any type of infrastructure that this money would be used for streets, and that was the intent. Mr. Swanson stated that would be for the exclusion of any other infrastructure, Mr. Hamerlik stated that was correct. Mr. Swanson stated he would defer to the city auditor as to what type of bonded indebtedness you're looking at but would suggest that if looking at a sales tax dedicated revenue bond that what you have before you would be usable to get any type of rating on that, and have to identify a specific allocation of percentage of revenue, before a bonding house will consider it. The alternative would be and what we have done if you look at your Home Rule Charter, that we have specifically laid out those types of uses and the closest example would be your 3/4% sales tax for the Alerus, when combine that with the sunset provision, you have a specific dedicated revenue stream to pay for a specific retirement of a bonded indebtedness, that is in part what he heard Mr. Hamerlik suggesting here but concerned and reason he is concerned is by culling out street repairs unless we add different definitions for our ordinance, you may raise the situation where you only have allocated the quarter percent sales tax for street repairs and once that sunset provision kicks in, you no longer have it included within your infrastructure and there may be ways to get around that, that we may be more or unnecessarily complicating things depending upon what your real intent is.
Council Member Glassheim moved to amend the motion with the following amendments: 1) to delete from Mr. Hamerlik's motion the notion that we are going to pass something tonight, that would leave the motion directing staff to draft something which includes all that Mr. Hamerlik said, the 1/4 cent sales tax to be used for the aquatics center, dike and greenway maintenance and street repairs and the cost of the aquatics center shall not exceed $13 million and to include a sunset clause, and then to add and call for a special council meeting to vote on this matter on Thursday, August 14, 2003, and further to include that this applies to the use tax and further that we delete from the original proposal of taking off the Alerus quarter cent subsidy from the restaurant and hotel people, to delete that in this amendment of what was brought forward; that to delete the change so that it continues the quarter cent which would then raise $1.7 instead of $1.4 with a quarter cent, and those are his four amendments and would so move. Council Member Kerian seconded the motion.
Mr. Swanson stated with respect to discussion re. use tax, the use tax presently has only a limited ability to have expenditures and that is for acquisition, construction, repair, maintenance and financing of flood control, flood abatement and flood protection projects in related improvements, and asked if he was seeking to change the application of the use tax; that any additional increase in use tax stays for the same purpose as present. Mr. Glassheim stated that was correct.
Council Member Hamerlik asked for clarification in Council Member Glassheim's amendment - that the motion includes 1/4%, the sunset clause and the usage of funds beyond the water facility - what is deleted basically is that it doesn't appear to be so permanent in a vote tonight that is postponed until a special meeting to be held next week (August 14).
Mr. Swanson stated he understands the motion deals only with the Home Rule Charter, that you have not proposed any form of resolution or ordinance nor a general question of, should a facility be built or anything of that nature, he understands they wanted to include a sunset and a limitation on expenditures, and that he will provide council with a draft to the Home Rule Charter, the ballot language is already drafted and will not change, what you are changing is the text of the Home Rule Charter. He stated he is concerned in which you are changing the Home Rule Charter, both in form of structure and in substance by including multiple uses for the sunset, and he will draft it that way and will also provide council with an alternative draft that may accomplish the same things you want to have accomplished but doesn't have the handcuffs, and would encourage council to give a great deal of thought to an addition to proposing the amendment to Home Rule Charter, proposing specific ordinance amendments and containing those types of restrictions in the ordinance. He stated his knowledge of Home Rule Charters in the State of North Dakota would suggest that what they proposed does not occur in any other city's home rule charter nor does it presently occur in ours - that he will give them at least two drafts and understands the motion as all practical purposes - you are not giving final approval to anything, the true act is that you direct the attorney's office to draft proposed language for the Home Rule Charter and he will take it upon his own initiative to provide you with additional drafts and that they will be reconsidering or consideration additional action on the 14th of August.
Council Member Christensen asked that in lieu of ordinances, perhaps give us resolution(s) that we could adopt which would then bind us if this passes, not prudent to have citizens pass ordinances, that council passes ordinances based on their directions and a resolution that we adopt.
Council Member Kreun stated we have to take a longer range look at our community rather than just a short range, that we have long range plans in many of our areas including the wastewater treatment plant, the water treatment plant, the landfill, closure of the landfill, the flood control - one of the things that we do not have a long range funding mechanism for is our infrastructure, and for that reason the mayor came up with this proposal and should go back and take a look at our infrastructure needs. He stated we have greenway needs and this proposal with 1/4% is not going to cover those needs, that each and every one of you is going to have your property tax raised and going to have your special assessments raised because there isn't going to be enough funding to repair and install infrastructure, and could just as well incorporate to help off-set those costs with this measure and believes it is necessary for our community to go forward, it is an economic tool we have in the community to bring other business in and to promote Grand Forks, we are competitive with other cities and communities and regions He moved to amend Council Member Glassheim's motion to keep everything the same except to go with 1/2%. The motion died for lack of a second.
Upon call for the amendment to the motion and upon voice vote, the motion carried 6 votes affirmative; Council Member Hamerlik voting against the motion.
Upon call for the question on the motion as amended and upon voice vote, the motion carried 7 votes affirmative.
ADOPT ENTRY LEVEL HOUSING POLICY
The staff report from the finance department relating to entry level housing policy, with recommendation to adopt additional guidelines as follows: 1) if a building permit taken out within an entry-level housing district exceeds $135,250, the owner will pay: a) the additional 12% fees on special assessments and b) will pay special assessments right away, will not receive a two-year deferral and 2) the developers will take out a letter of credit for 50% of the assessments in the housing district which the City can draw on after two years if the properties are not sold.
Council Member Kreun reported that the Housing Authority and Urban Development staff have been meeting with the contractors and the people involved and feel they can derive a system for implementation and urged that they would pass that at this time.
It was moved by Council Member Kreun and seconded by Council Member Gershman to approve the recommendation. Upon voice vote, the motion carried 7 votes affirmative.
RECEIVE AND FILE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR YEAR ENDED DECEMBER 31,
2002 AND INDEPENDENT AUDITOR'S REPORT
The staff report from the finance department relating to the Comprehensive Annual Financial Report of the City of Grand Forks for the year ended December 31, 2002 and the Independent Auditor's Report, with recommendation to receive and file report and submit it to the North Dakota State Auditor's Office for review and to make final payment to the audit firm, Brady, Martz & Associates, P.C.
Council Member Brooks noted that each audit report will go to the finance/development committee standing as an audit committee and in reviewing the guidelines they recommended a 5 to 7 member committee and should include one representative from the executive branch, one from legislative branch. Council Member Christensen stated after reviewing the report, he asked what their limits of liability were and what the E & O policy was, and believes putting the report to our committee this year was a decision the executive branch made, as there was not another committee at this juncture put together, but appears there will be more conversation and recommendations as to the makeup of the committee and that it should be meeting quarterly at a minimum; it was stressed that it was a very important committee and have to be a standing committee on a quarterly basis.
It was moved by Council Member Christensen and seconded by Council Member Kerian that the recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
CITIZEN REQUEST
Mark Ziegelman stated he owns property on North 3rd Street, that project of 3 blocks was to be a two-month project and that they are now in the third month and perhaps fifty percent done, and that there are also money problems, but there seems to be no communication between city engineers and the Corps of Engineers as to when project will be finished and if not done to let them know. He stated that the alley is being used as the street. Mayor Brown asked Mr. Grasser to speak to the Corps of Engineers and keep Mr. Ziegelman updated.
APPROVE BILL LISTING
Vendor Payment No. 03-15, dated August 4, 2003, totaling $1,310,671.02, and Flood Estimate Summary in the amount of $15,099.50 and Regular Estimate Summary in the amount of $2,136,714.74, were presented and read.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these bills and estimates 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.
APPROVE MINUTES JULY 7, 21 AND 22, 2003
Typewritten copies of the minutes of the city council meetings held on July 7 and 21, 2003 and of the special city council meeting held on July 22, 2003 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kreun that these minutes be approved. Carried 7 votes affirmative.
COUNCIL MEMBER COMMENTS
1) Council Member Brooks stated that he and Mr. Staley met with some of the neighborhood people from Congressional II area and they complimented the City re. lack of mosquitoes and wanted to pass that on to city staff. He also noted that he was in East Grand Forks for the dedication of the Red River State Recreation Area and was good event.
2) Council Member Hamerlik stated that the North Dakota League of Cities annual convention will be held in Grand Forks on September 18-20, 2003, but was disappointed that there is a tour but doesn't include the Alerus, and that none of the meetings, etc. are at the Alerus.
3) Council Member Glassheim stated tonight they moved forward towards final consideration and wants to say to people in our trade area that we heard them, concerned about you and take you seriously, and that he had conversations with people who owned many properties and very pleased that people who would benefit from having sales tax replace their property tax did not believe it was the right thing to do; but also to the people in the trade area tonight and want to give back and not take from you and to continue the neighborly relationships that we have had. He stated that he thinks the hotel is important to have and understands their interest in a water facility and that everybody on the council wants them to succeed, however, they need to know that people who have to vote on taxing themselves here need to be persuaded that a fair portion of the fees will be paid by the hotel's that are using this along with the residents.
4) Council Member Kreun stated regarding last weekend's events that we have a great partner across the river and the more activities we have the more people it brings to town (Crazy Days at the mall, Farmers Market downtown, Catfish Days in East Grand Forks) and if we keep growing and looking at all these amenities that we can bring into Grand Forks, our numbers show it and we are stabilizing and all of these things are quality of life.
5) Council Member Gershman stated that the City of Grand Forks through special event funding helps that event and others across the river, they are great partners in going forward and with mayor's help find some others that we can be good neighbors with - that our region starts across the river. He stated that tomorrow evening the Business Friendly Grand Forks Task Force will hear public testimony and are looking for comments about what Grand Forks does well so can build on that and where we can improve, and hopefully will see concerned citizens coming forward and in helping this city grow.
ADJOURN
It was moved by Council Member Christensen and seconded by Council Member Kerian that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek, City Auditor