Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 3, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, November 3, 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.
Four student council officers from Century School led the city council in the pledge of allegiance to the flag, Roanne Malm, program director.
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 commented on various events during the past week and upcoming events:
1) congratulated the health department on the flu shot clinic, over 700 people were served vaccinations, and to Hugo's for donuts.
2) he read a letter from the administration of the City of Dickinson thanking the city council, the CVB, the Park District and others for hospitality and for establishing the sister-city program - appreciates opportunity to learn more about and view plans and projects, and would like ways to broaden the sister-city program and increase opportunities to share and learn from each other.
3) he thanked everyone who voted last week, that they came up with a recommendation and as leaders listen and keep working for the community.
CANVASS RESULTS OF SPECIAL CITY ELECTION
HELD OCTOBER 28, 2003
It was noted that the members of the city council, acting as the canvassing board, had canvassed the results of the votes cast in the twenty-six precincts of the seven wards of the city in the special election held on Tuesday, October 28, 2003, and submitted the following report: Document No. 8301 - Report.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that the canvass of the ballots for the special city election be certified and adopted as the official canvass of the votes cast in the special city election, and further that we authorize payment of the election costs for election officials. 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.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Mark Walker, assistant city engineer, reported that written update of the project had been submitted to the city council members, and a video was viewed by the city council.
Melanie Parvey-Biby, greenway coordinator, reported that the Christmas in the Park will take place in Lincoln Drive Park starting Friday after Thanksgiving with over 50 displays. She provided an update on the agreement with the City of Grand Forks and the Grand Forks Park District, that in the fall of 1999 a flood protection subcommittee worked with the Park Board to discuss ownership and management of the greenway with four areas to be managed and maintained by the Park District: Riverside Park, Central Park, Lincoln Drive Park and the Lincoln Golf Course. She stated there were a number of improvements listed in the agreement that would develop over time and timing was issue with the construction of the flood protection project and challenge when can make certain improvements; improvements to Lincoln Drive Park are nearly complete but not much work in Riverside Park but will happen with Phase III of the flood protection project. She noted there is a lease agreement associated with this but hasn't been signed to date because they were working on getting alignments for the flood protection project so they could do the legal descriptions for the land that would be associated with four areas described, and are working on the replats so they can be approved by the city council before going ahead with the lease agreement; they need to work with the city attorney's office in developing a temporary lease prior to getting the replats; land has not been deeded.
Council Member Christensen stated they should revisit this agreement because of some of the issues - that the Riverside pool can be saved with dike built next to it according to the agreement. Ms. Biby stated that at the end of August they held a meeting with the Riverside Neighborhood Assn. reps. discussing whether the pool could stay functioning as a pool - pool can stay functioning as a pool - the agreement was to mitigate the pool and city council and Park Board agreed on a certain dollar amount that would be associated with a new facility (splash park in the northend of town). Ms. Biby stated the goal is that the City would own the entire greenway system as defined in the document and those areas leased back to the Park District, 99-year lease, and Park District would be in charge of managing and maintaining the areas. Council Member Christensen stated the Park District is going to revisit this issue tomorrow night at 5:00 p.m. and perhaps we could keep our minds open as to possibility of continuing that pool and allowing residents to use that pool, thinks citizens would like the opportunity to preserve their pool. Ms. Biby stated that the design for the Riverside Park area and Riverside pool is included in the Phase III of the flood protection project but if there is a change to that they can look into the options. Council Member Christensen stated that the council has the ability to approve any modifications to that design as it will be City-owned land, can't change the location of the dike but there is going to be a perimeter dike on the wet side of the pool and be protected to 45 ft., we are supposed to pay for that additional dike and was in the agreement and comes out of betterment dollars.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET & HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF BIRKHOLZ HOMESTEAD ADDITION TO
DECEMBER 1, 2003
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz Homestead Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003 and upon which public hearing had been continued until this evening, was presented and read for consideration.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.
Dennis Potter, city planner, reported that the developer's representative has informed the Planning Office that they are not ready to come back with a revised modified plat layout and asked at their request that the public hearing be continued to December 1, 2003 when they will have revised plat map.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that public hearing and second reading of the ordinance be continued to December 1, 2003. Carried 7 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING LAND DEVELOPMENT CODE
TO ALLOW EXISTING NEIGHBORHOOD CONVENIENCE
STORE AND SERVICE STATIONS BY CONDITIONAL USE
PERMIT TO DECEMBER 15, 2003
An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code; Article 2, Zoning; Section 18-0211 R-4 Multiple-Family Residence High Density District, Subsection 3 Conditional Uses to allow existing neighborhood convenience grocery and automobile service businesses by conditional use permit", which had been introduced and passed on its first reading on September 15, 2003 and upon which public hearing had been continued until this evening, was presented and read for consideration.
Mayor Brown opened the public hearing.
Dennis Potter, city planner, reported that he and the city attorney are trying to set a meeting to work through all the issues regarding this and because this will have to go back to the Planning and Zoning Commission meeting, asked that they continue this hearing until December 15, 2003.
It was moved by Council Member Gershman and seconded by Council Member Kerian that public hearing and second reading of the ordinance be continued to December 15, 2003. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4002 RELATING TO THE USE
OF PUBLIC SEWERS
An ordinance entitled "An ordinance amending Section 15-0201 of the Grand Forks City Code relating to use of public sewers", which had been introduced and passed on its first reading on September 2, 2003, was presented and read for consideration on second reading.
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.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
WITHIN LOTS C AND D OF REPLAT OF LOT A, BLOCK
1, COLUMBIA PARK 14TH ADDITION
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility easement lying within Lots C and Lot D of Replat of Lot A, Block 1, Columbia Park 14th Addition (located in 3700 block of 32nd Avenue South), city of Grand Forks, North Dakota, 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 no comments and the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Gershman that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.
Council Member Kerian introduced the following resolution which was presented and read: Document No. 8302 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Gershman that this resolution be adopted. Carried 7 votes affirmative.
HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDINGS AT
1101 1ST AVENUE NORTH
The deputy city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling and garage) at 1101 1st Avenue North, had been served by certified mail to the owners of the property, said property being in substandard condition.
Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council.
Bev Collings, Building and Zoning Administrator, reported that the house was found to be substandard as defined by Section 10-0401 of the City Code, subsections (1), (3), (4), (5), (6), (7), (8) and (9) and asked for demolition of the dwelling. She stated that the owner asked that the garage be saved to be used with dwelling on adjacent property after combination of the two lots, that they find it substandard under subsections (1), (3) and (4) but to be repaired to bring it into compliance by reshingling, replacing windows and straightening or replacing all structural items as needed on the garage structure with deadline of June 1, 2004; and deadline on combining the two properties would be thirty (30) days after the city contractor demolishes the house. It was noted that the cost of the demolition would go against the property.
Mayor Brown closed the public hearing.
It was moved by Council Member Christensen and seconded by Council Member Kreun that we find the structure (dwelling) to be substandard as defined by Section 10-0401 of the City Code, subsections (1), (3), (4), (5), (6), (7), (8) and (9); that we find the garage to be substandard as defined by Section 10-0401 of the City Code, subsections (1), (3) and (4), but to be repaired to bring it into compliance by reshingling, replacing windows and straightening or replacing all structural items as needed on the garage structure with deadline of June 1, 2004; and further that a deadline on combining the two properties would be thirty (30) days after the city contractor demolishes the house; and that a final order of demolition be issued and that the buildings be demolished by the City of Grand Forks subject to conditions; and the cost thereof assessed against the land upon which the building stands or did stand. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF COLUMBIA PARK 30TH
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to matter of the request from CPS, LTD. on behalf of Menard, Inc. for final approval of the Plat of Columbia Park 30th Resubdivision (being a replat of Lot 1, Block 1 and Lots C and D of the Replat of Lot A of the Replat of Lot 2, Block 1, Columbia Park 14th Addition) to the city of Grand Forks, ND (located in the 3700 block of 32nd Avenue South), with recommendation to give final approval to the plat subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
APPROVE SETTLEMENT OF CASE, EICKHOF
DEVELOPMENT GROUP, LLC VS. CITY OF GRAND
FORKS, FLOOD PROTECTION PROJECT
The staff report from John A. Warcup, Assistant City Attorney, relating to Grand Forks flood protection project, with recommendation to approve settlement of case captioned Eickhof Development Group, LLC vs. City of Grand Forks for the total sum of $112,000.00.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved.
Council Member Christensen asked to be recused from voting on this matter, and it was so moved by Council Member Kreun and Council Member Kerian. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Hamerlik voted against the motion and Council Member Christensen recused.
APPROVE APPLICATIONS FROM UND ATHLETIC
DEPARTMENT FOR SITE AUTHORIZATIONS
The staff report from the finance department relating to application for gaming site for Ralph Engelstad Arena, with recommendation to approve the application for gaming site designation (raffles) of Ralph Engelstad Arena as submitted by the UND Athletic Department subject to review by city attorney.
The deputy city auditor reported that applications for two additional site authorizations (raffles) had been submitted to their office by UND Athletic Department at Hyslop Sports Center and at Alerus Center.
It was moved by Council Member Gershman and seconded by Council Member Christensen to approve authorization for the three sites, limited to raffles. Carried 7 votes affirmative.
APPROVE LOCATIONS OF GREENWAY PEDESTRIAN
BRIDGES
The staff report from the greenway coordinator relating to greenway pedestrian bridges, with recommendation to approve the north pedestrian bridge 700 feet downstream of Riverside Dam at a centerline elevation of 824 feet and south pedestrian bridge in the former Lincoln Golf Course at centerline elevation of 826 feet.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved.
Council Member Glassheim questioned the location of the northend bridge as it seems to be quite distance away and from anyone using it. Ms. Biby stated that there had been discussion of having the north bridge just south of the Riverside Dam but because of preliminary study of the bridges and was desire of the two communities to having it downstream of the Riverside Dam so that when walking across the bridge could look south onto the dam and see rapids; there were some soil stability issues in that area and 700 feet was as close to the dam as could get it.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE BILL LISTING
Vendor Payment No. 03-21, dated October 31, 2003, totaling $956,742.45, Flood Estimate Summary in the amount of $7,420.09 and Regular Estimate Summary in the amount of $2,579,452.16, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Kreun 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 OCTOBER 20, 2003
Typewritten copies of the minutes of the city council meeting held on Monday, October 20, 2003 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Hamerlik that these minutes be approved. Carried 7 votes affirmative.
COUNCIL MEMBER COMMENTS
1) Council Member Glassheim expressed gratitude to city flood protection staff, Info Center, Engineering, Corps of Engineers and contractors for meeting on flood protection project on North 3rd Street with homeowners and for coming to a good conclusion to present to the meeting, many of the concerns of that meeting are already out; need to be sensitive to ticketing on the avenues, speeding in the alley, snow clearance on the two narrow lanes on 3rd Street for the winter, there is some concern about the amount of dust on houses and if those can be cleaned at the end of the project, and making sure that the asphalt lip connects the curb to the carriage walk so that all can get to their houses; that this has been a problem for the residents and pleased with entities showing their concern.
2) Council Member Christensen stated as a result of the vote it appears we don't have a sales tax to work with and also have a budgeting issue approaching us, have a greenway and some infrastructure needs, that he spoke with Mr. Kreun, chair of service/safety standby committee, that he is chair of the finance standby committee and that they are going to meet and discuss some issues with the city auditor and administrative coordinator and work with staff to explore what their estimated greenway and infrastructure needs are and funding because these will be things that staff will need as they go into the budgeting process for next year - they will develop a plan and get back to the council.
3) Council Member Kreun stated re. Mr. Christensen's comments that timing is necessary to go forward with these projects, that they will discuss to see if bring plan back; and also in respect to Mr. Glassheim's comments on the flood control project, that there will be some concerns in other parts of the city that will be similar and will start working with residents in those areas to come up with solutions.
4) Council Member Gershman reported there is an issue on Almonte Avenue where the dirt has been piled on the sidewalk for over a month, somebody has been working on a home and hope can get those people to remove that clay, quite disruptive to the neighborhood, and need to pay some attention to the Almonte/Lincoln Drive area as they have put up with several years of amount of traffic as the homes were demolished and dike being built, and time to get that cleaned up and appreciates staff being on that.
He requested that the administrative coordinator add an item at the next committee of the whole agenda for discussion - starting city council and committee of the whole meetings at 5:00 p.m. and would like public to have their input, believes it is okay for t.v. at 5:00 p.m., suggest probably starting January 1 - better for media coverage, better attendance from the public, that other cities do this and will do more research.
Mayor Brown asked three Boy Scouts in the audience to come forward and introduce themselves: Brian Larivee, Walker Martin and Austin Martin, Troop 19, Thompson.
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
Approved:
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Michael R. Brown, Mayor