Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 6, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 6, 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.
The 5th grade class from Ben Franklin School led the council in the pledge of allegiance to the flag, Alice Smith, teacher. Small gifts were presented to the class as they left the council chambers.
Mayor Brown commented on various events during the past week and upcoming events:
1) that today we celebrated German-American Day by planting a tree at Central High School.
2) that they noted National Physician's Assistance Day with a proclamation at the UND School of Medicine.
3) that this weekend he would like to say congratulations to all the athletes, teams and greatest fans around who took part in games, UND soccer, hockey and football, and to both the Central and Red River tennis teams and congratulations to everyone.
4) he thanked our congressional delegation, esp. Senator Conrad's Office, for helping to secure federal assistance to help with the police overtime due to protecting the airport.
5) the Business Friendly Grand Forks Task Force meeting scheduled for this Wednesday, will take place next Wednesday at 5:00 p.m.
6) leaf collection is scheduled to start tentatively next week.
7) he stated today he is wearing his undies - Undies Sundays, a project directed by the United Way and is a chance to buy new underwear and diapers and bring to church for the first 3 Sundays in October or to the United Way Office any day during the week - to lend a hand to help those in need, purpose is to help children who were moved from their homes with little clothing and abuse and neglect victims who typically escape from their situation with little or no clothes, good program for our community, and read the official proclamation.
FLOOD UPDATE
Al Grasser, city engineer, reported on 3rd Street paving and that the report states anticipating paving in 1 to 2 weeks and being complete at that time, but there are things they have become aware of this afternoon having to do with soil stability and some technical issues that will impact the type of pavement that may go down and when it may go down, ultimately it will be a concrete street and has been goal to get concrete if not asphalt in this and still is their goal, no decisions have been made - and cannot tell you when the correct timetable or process will be. He stated what he is hearing is that probability has increased; however, they will explore every option and try to make sure some sort of hard surfacing gets in for this fall - residents have been inconvenienced way too long, situation is extremely frustrating; and decision will be made by the Corps of Engineers and process is closely influenced by the contractor and their interpretations of the plans and specs.
Council Member Brooks stated his concern because of the delay, and if this delay carries over to other areas of the project as it is crucial that we stay on track with this and what will it do to the whole project; and this has been frustration for the people on Third Street. Mr. Grasser stated the problem we are running into is getting Third Street which is one piece of several other pieces, but individual sub-projects are subject to long periods of time, that he has talked to the Corps of Engineers about that and they have not been able to give an answer within the scope of their rules and regulations be able to give assurances - the one big scapegoat is the process gets funded year by year and have to have provisions in case the funding doesn't come through.
Council Member Hamerlik asked if the City has an obligation or should they meet with residents in that area and suggested doing that if they consider it appropriate - level of frustration must be very high.
Mr. Grasser also stated that the City is involved in some of the Red River Water Supply Project, 2050, and of potentially bringing water across from the Missouri River and part of that process is identifying the needs of the valley; the Bureau of Reclamation has gone through the first step which is identifying some of the populations they are projecting in 2050, that Grand Forks came out better than most communities as far as the population projection, we are a little over 1% population growth, but we do continue to be concerned about the smaller communities up and down the valley. The second piece of the water needs is the industrial use and Bureau is trying to do an analysis and recommendation for what they are going to project industrial water use to be in 2050, as part of that the Eastern Dakota Water Users group has hired an engineer to cross check the Bureau's numbers and that the consultant and perhaps the Corps of Engineers will be calling individual industrial users in Grand Forks and the valley to try to get an idea of what they think their needs will be and best way to approach that is to ask the actual industries what they see in 2050.
A video presentation of the flood control project for October 2003 was presented.
Melanie Parvey-Biby, greenway coordinator, stated there has been quite a bit of development occurring over the last month in the greenway, contractors working to finish up the community green and Rotary
park as well as the Lincoln Drive park and trail access in the Olson/Elmwood neighborhood; and the more progress the community sees there is more interest in what is going on - people are wondering what is available to them and what is to come; that once the project is complete, there will be over 20 miles of paved multi-use trails within the communities of Grand Forks and East Grand Forks. She stated there will be playground areas and interpretive pieces, etc. - information available on their website. She noted two events that will be happening in the greenway in November - Veterans Day race on November 11 and Christmas in the Park event after Thanksgiving.
Council Member Gershman stated our total greenway is going to be approx. 700 acres and Central Park in Manhattan is 800 acres - that we have this incredible park that is being built and very exciting.
Council Member Christensen stated he had received call re. doing a road on the wet side of the dike in community green (Riverboat Road will dead-end into the parking lot below Lola's and the Chamber of Commerce), and are we constructing a road on the EGF side of the floodwall - Ms. Biby stated it is on the wet side of the floodway and was part of a road, there was some grading and had to pour some concrete, levee will cross that area and dead ends into the parking lot. Council Member Christensen stated individual who called him suggested that they expand that so would have more parking for Farmers' Market area, DLG is going to explore that also - (turn parallel parking into diagonal parking). Ms. Biby stated that is something they would look at.
Council Member Kerian questioned meeting re. dog park and if there was an update. Ms. Biby stated the group met last week and talked about how they would like to proceed, listed pros and cons with each site - Central Park and an area near 24th Avenue South and 34th Street - and just compiling that information that she would share with the city council at a future meeting to discuss issues.
ADOPTING RESOLUTION VACATING STREETS
AND UTILITY EASEMENTS IN AUDITOR'S SUB-
DIVISION NO. 32
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the streets and utility easements lying within Lots 11 and 12, Block 2, Lots F, G, H, I and 9, Block 3, Lots 4-15 and C, Block 4, all in Flaat's Addition and Lots 1 and 2, Block 1, Flaat's 5th Resubdivision (also known as Auditor's Subdivision No. 32), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. Thee were none.
It was moved by Council Member Gershman and seconded by Council Member Kerian that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8293 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kerian that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING SIDEWALK EASEMENT
PORTION OF SIDEWALK AND UTILITY EASEMENT IN
BLOCK 1, SUNBEAM ADDITION
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the sidewalk easement portion of the 10-foot sidewalk and utility easement adjacent to Lots 43-44 and 45-46. Block 1, Sunbeam Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. Thee were none.
It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8294 - Resolution
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING STREET AND
UTILITY EASEMENTS IN AUDITOR'S SUBDIVISION
NO. 33
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the street and utility easements lying within Lots 1 - 4, A, B and 8, Block 1, Lots B, D and 4, Block 2, Lots 2 and 3, Block 3, all in Flaat's 2nd Addition and Lots 4, 5, A and 7, Sprucewood Addition, also known as Auditor's Subdivision No. 33, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
It was moved by Council Member Kreun and seconded by Council Member Kerian that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution which was presented and read: Document No. 8295 - Resolution
It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution be adopted. Carried 7 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING (BARN) FROM ONE PORTION OF A PROPERTY
TO ANOTHER LOCATION ON THE SAME PROPERPTY
AT 3617 17TH AVENUE SOUTH
The deputy city auditor reported that the notice of public hearing on the application to move a building by Jim and Derek Kobetsky of Schoen Associates within the same property to be used as a single family dwelling had been published and posted as required.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Inspections Department relating to holding a public hearing for moving permit application to move a barn from one portion of a property located on unplatted parts of Birkholz's Addition to another location on the same property so that it configures correctly in the soon to be replace property in order to be converted to be used as a single-family dwelling, with recommendation to approve the moving permit to move a barn from one portion of a property located on unplatted parts of Grand Forks Township described as "a parcel 305 feet wide B/W, 17th Avenue South and 18th Avenue South and 210 feet west of west line of Block 3, Birkholz's 1st Addition in the NW 1/4 less right of way 17-151-50" to another location on the same property so that it configures correctly in the soon to be replatted property to be used as a single family dwelling.
It was moved by Council Member Kerian for approval of the recommendation, seconded by Council Member Kreun.
Council Member Kerian stated there were comments made by people in the neighborhood and are more pertinent to October 20 meeting, this is Birkholz's single-family dwellings on property being replatted and that will come before them on October 20 at a public hearing - the issues are that there is a cul-de-sac that will be put in on this property and there are questions about the access to the property and trees that they would like to remain, that they don't have concerns about moving the property but concerns about access to the cul-de-sac driveway which is headed into somebody's property and would like that to be moved so the driveway matches up with 36th and some would like it accessed on 17th Avenue and City's preference would not be in that direction.
Council Member Glassheim stated that this building is there but the whole area is going to be single-family residential and that the barn looks awfully large, and if other single family houses will fit. Bev Collings, Building and Zoning Administrator, stated the moving permit is moving a structure on the same property because not platted yet, and that they went through the moving process and want to get it configured correctly and wanted the neighborhood to know about it and hasn't heard any problems with the barn structure itself and is a large structure and only main barn that will be relocated, structure is 46 ft. x 52 ft. and new lot configured if make the change and all have the proper setbacks and impervious surface areas, etc. Concern to the neighborhood was more the layouts of the lot. It was noted that there are a mix of houses in the area and there is a height limit of 35 ft. on single family homes.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
SET 30-DAY COMMENT PERIOD FOR 2004 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
The staff report from the Office of Urban Development relating to 2004 Community Development Block Grant Program, with recommendation to 1) review proposed 2004 CDBG Funding and recommendations, 2) open 30-day public comment period and 3) hold public hearing and approve funding recommendations at city council meeting on November 17, 2003.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE POLLING PLACE, ELECTION OFFICIALS AND
SET HOURS OF ELECTION FOR OCTOBER 28, 2003
The listing of polling places and election officials for the special election to be held on October 28, 2003 were presented to the city council.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that the polling place and election officials be approved, and that the hours of election be set for 7:00 a.m. to 8:00 p.m. for the special city election to be held on Tuesday, October 28, 2003. Carried 7 votes affirmative.
INFORMATIONAL ITEMS
The City Auditor's Portfolio Management Summary ending September 30, 2003 and the Planning Departments Annual Report for 2001 were presented to the city council for their information.
APPROVE BILL LISTING AND ESTIMATE SUMMRIES
Vendor Payment No. 03-19, dated October 3, 2003, totaling $1,122,609.18, and Estimate Summaries as follows: Flood Estimate in the amount of $2,218.71 and Regular Estimates in the amount of $2,515,263.08, were presented and read.
It was moved by Council Member Gershman and seconded by Council Member Kreun 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, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.
APPROVE MINUTES OF SEPTEMBER 15, 2003
Typewritten copies of the minutes of the city council meeting held on Monday, September 15, 2003, were presented and read.
It was moved by Council Member Gershman and seconded by Council Member Kreun that these minutes be approved. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Kerian commented on the matter of trucks spilling sugar beets on the streets, and asked if the City billed anyone for cost of cleanup. Todd Feland, public works director, stated on DeMers Avenue have a lot of truck traffic sometime end gate will let loose and have a spread of sugar beets on the street, and on either daily or weekly basis cleaning up after sugar beets - and just do it.
2) Council Member Gershman stated that sometime ago he requested that the City having a special census to see if the federal government would accept it. and asked for status or update on that; that we may be losing out on some federal money. . .
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Saroj Jerath
Deputy City Auditor