Council Minutes

MINUTES/COMMITTEE OF THE WHOLE
Monday, October 27, 2003 - 7:00 p.m._______

The city council met as the Committee of the Whole on Monday, October 27, 2003 at 7:00 p.m. in the council chambers in City Hall with President Gershman presiding. Present at roll call were: Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; absent: none.

President Gershman announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast. He also commented on various events during the past week and upcoming events:
1) the drive-through flu shot shop will be open at Public Works Garage, 724 North 47th Street, on Sunday, November 2, from 10:00 a.m. to 3:00 p.m.
2) that on Friday night, October 31, the Sertoma Club will be holding Halloween event at the Alerus Center from 5:00 to 10:00 p.m. and that the police and fire departments will have a booth and will be handing out candy and safety tips working with the Boy Scouts.
3) congratulations to all the cooks for the Empire Arts Center Great Dinners Saturday night, and over $11,000 was raised.
4) he read a proclamation proclaiming November 1, 2003 as Military Appreciation Day 2003 recognizing the men and women of the Grand Forks Air Force Base and the North Dakota Army National Guard and calling upon all citizens of Grand Forks and sur-rounding communities to recognize their leadership, friendship and support.

2.1 Grand Forks Flood Protection Project - Eickhof Development Group, LLC v. City of
Grand Forks.____________________________________________________________
Council Member Hamerlik expressed concern in difference between the two appraisers on this item. Howard Swanson, city attorney, stated it is not unusual that appraisers dis-agree in value, and less unusual that they disagree in value in context of an eminent domain action; the reason they are proposing this to be approved as a result of mediation is that it not only includes the value of the real estate but also includes the professional fees and attorney's fees that go with an eminent domain action. He stated this is handled the same as in prior mediations. Council Member Kreun stated he was one of the mediators that worked with these individuals, that this includes all the costs involved with this and felt that this was as fair and equitable as they could come out with . Council Member Christensen stated that when this item comes up for vote, he will be recusing himself.

2.2 Application from UND Athletic Department for site authorization at Ralph Engelstad
Arena (raffles).____________________________________________________________
Mr. Swanson stated the application is here because the holder of the raffles does have a State license and are required to have a site authorization, that the normal procedure for raffle approval is through his office as administrative procedure, that they are governed under State license and comes here by virtue of the council's resolution that was adopted several years ago. He stated he was recommending they approve the application, that it is in order and he has signed off on it and is going to suggest that this body give further consideration to authorizing the staff of city attorney's office, finance office to accept review, and approve or reject all site authorizations for gaming; if a concern or dispute that it go through the normal appeal channel to the administrative coordinator, then to the council. He stated there are so few of these that come to council, and in order to have a gaming license they are highly regulated by the Attorney General's Office and very little discretion to be exercised in the issuance of a permit, and would allow those that need to make application for permits quicker and still comply with all State and local requirements. He stated this application is in order and appropriate to be approved.

After further discussion, Mr. Swanson stated that because they have a State license they have to fall under a site authorization as opposed to a local raffle permit. It was noted that application is for raffles (which typically is the 50-50 raffle) they do at the various athletic events at the Arena, and because the Athletic Department has other gaming operations, they have to report their raffle activities under their State license and have both State and local approval for a site authorization.

2.3 Greenway pedestrian bridges.
Council Member Kerian asked about the movement of water around these bridges because there was some concern whether or not they act as dikes on the river. Melanie Parvey-Biby, greenway coordinator, stated one of the questions was whether or not the bridges actually hold back water and increase the water surface profile, they don't; that the Corps has worked with Ayers Associates who conducted hydraulic analysis and the proposed bridges in the plan have a flood stage improvement, have a more detailed design and plugged the new proposed bridges which don't cause any effect on the water increasing. Council Member Kerian questioned funding and where are they in the stages. Ms. Biby stated they have good estimates for the bridges, north bridge at $1.7 million and south bridge at $1.6 million and those costs are included in the overall flood protection cost, and that would include the trail connection as well as overlooks and abutment and piers and includes all of the construction work. She stated there is a cost share with the recreation features of the flood protection project - 50% with local sponsor and in case half of the bridges will be paid for by Army Corps of Engineers, 25% by the City of East Grand Forks and 25% by the City of Grand Forks, and our costs are about $400,000.

Council Member Kerian asked if they take the bridge over to EGF how much bikepath will be south of the bridges on each side. Ms. Biby stated she doesn't have the complete mileage but approx. 3 miles of trail, and working on having mileage posted in different kiosks and at different points.

Council Member Kreun stated the main reason this was brought forward was to make council/community aware that the south bridge is being moved a little farther north due to geological condition of the soil and almost nothing else has changed since the original plan the Corps put forth.

Council Member Christensen asked which fund the bridges are being paid out of, 4119. Ms. Biby stated it was.

2.4 Request from CPS, LTD on behalf of Menard, Inc. for approval of final plat of
Columbia Park 30th Resubdivision (being a replat of Lot 1, Block 1 and Lots C and D of Replat of Lot A of the Replat of Lot 2, Block 1, Columbia Park 14th Addn) to the city of Grand Forks (located in the 3700 block of 32nd Ave.S_____________________________
There were no comments.

INFORMATION ITEMS

3.1 Statement of changes in cash balances as of September 30, 2003.
Information - there were no comments.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Hamerlik stated we should be mindful of what is happening in southern California, that nearly 900 homes lost and many people in this area that have relatives and friends, and should take it under consideration to see if there is something that we should or could do.

COUNCIL MEMBER BROOKS REPORTED PRESENT

2) Council Member Glassheim stated there will be a meeting regarding the North 3rd Street situation this Thursday at 6:00 p.m. in the council chambers - that they will contact all the residents on those 3 or 4 blocks to meet with Corps and staff.
He stated that when people ask about dike assessments, it would be helpful to people if the information given included both the total and the approximate annual payment.

3) Council Member Kerian stated that the cleanup around Chateau Condos bikepath area, and there is an area northwest of there that should be cleaned up as well and appreciates staff working with them on that.
She stated that last week there was an item in the paper and wants to recognize the police department on the work - there was a rape and someone charged and found guilty, and appreciates that the police department gave credit to the victims who came forward to make sure that the rapist was held accountable for that and is not on the streets, and wanted to ask people to do their part to assess the risks they are taking in any of these events and need to work on that as a safety area in our community.
She went on record as being opposed to changing times for any of our meeting unless we do it on a regular basis. It caused our city staff on several issues to make sure that people were notified and made extra work.

4) Council Member Kreun stated our public works department is continuing with picking up leaves even though it snowed a little - they are still on schedule and continue to do that.

5) Mr. Swanson stated council members would find copies of Supplement No. 13 to the City Code, that they have identified that there is at least one omission and his request is if in the course of reviewing any of the supplement, they find there is an error, to let his office know so they can have those corrected.
He also stated there is a memorandum on their desks tonight which identified a series of papers that he brought back from the International Municipal Lawyers Assn. meeting in the Twin Cities, and if there are any papers they would be interested in receiving copies of to let him know and will make these available to them.

6) President Gershman stated that tomorrow the polls open at 7:00 a.m. and close at 8:00 p.m., and that there is a change in ND law, that you will need a photo i.d. for voting, and to please vote.

ADJOURN

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor