Council Minutes

MINUTES/COMMITTEE OF THE WHOLE
Monday, June 14, 2004 - 7:00 p.m.__________

The city council met as the Committee of the Whole on Monday, June 14, 2004 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, Hamerlik (teleconference), Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown commented on various events held during the past week and upcoming events:
1) that we were deeply saddened by the news of Jay Fiedler's passing last week, he was a former city attorney and friend to City Hall and to the people who work here, and offered his condolences and extended his sympathies to his family during this difficult time.
2) he noted that the Grand Cities Art Fest was a success and it was tremendous job to the organizers and volunteers, including Downtown Leadership Group, Traie Dockter, and thanked the numerous city staff (grass mowers, fire and health safety inspectors, police on bikes, street closures, trouble shooters and mosquito sprayers). He stated that the City received an award, which was accepted by Greg Hoovers, office of Urban Development, and presented to Mayor Brown. Mr. Hoover stated he accepted award done by one of the artists at ArtFest in recognition of the City's sponsorship as platinum sponsor in this year's event. Mr. Bachmeier was the artist.
4) he thanked Jim and Janie Lyons of Lyons Auto Supply for hosting the car show on Saturday, the result was an amazing car show with 120 cars and wonderful opportunity for residents and visitors.
5) that introduced this weekend were the forks "UN-Forkettable" project - fun project and will be around all summer and on behalf of the City thanked Leighton Broadcasting for lending us their fork to be displayed in front of City Hall.
6) last week great week for the greenway event as celebrated openings and dedications of the Red River recreation area, the Rotary park, the community green, the Rotary Foundation and the Lincoln Drive park and are reminders of the progress of the flood protection project and thanks to greenway and flood protection staff for handling planning and organizing.
7) congratulations for the organizers of the Every Child by Two effort for impressive events last week featuring former first lady, Rosalynn Carter, and former Arkansas first lady, Betty Bumpers, and their work with child organizations has had a tremendous impact on the health of our nation, and Community Health Nurse Kathy Dunn was recognized for her local efforts.
8) that this coming weekend look forward to the Second Annual Nordic Mid-Summer Fest, wonderful way to celebrate the Nordic heritage which is woven into our region and to acknowledge our ties with Nordic countries, including sister-city relationship with Sarpsborg, Norway, and encouraged everyone to come downtown this weekend for the Nordic Fest and also the first weekend of Farmers Market..
9) that he attended Flag Day celebration in Town Square, it was 227 years ago today that Congressional Congress adopted the stars and stripes as the official flag for the United States, and in 1949 President Harry Truman signed legislation making June 14 a national day of remembrance, displaying our flags is a symbol of freedom and our support for the men and women around the world serving the armed forces to insure that freedom continues.
10) congratulations to all returning council members, that we have a good team, and congratulated all candidates on having the commitment to the community to run for office and to get involved.

PRESENTATION OF ALEXANDER GRIGGS AWARD

Mayor Brown presented the Alexander Griggs award from the Grand Forks Historic Preservation Commission to Andy Swanson for his architecturally appropriate in-fill housing, that he has personally seen these houses on a tour of recent housing efforts and the award is well deserved; that the houses are extremely well-done and provide affordable housing options but match the neighborhood and provide a quality and consistency that is fitting with each neighborhood and read the citation.

Council Member Kreun stated on behalf of the Housing Authority and the city council worked closely with him and appreciated his work and thanked Mr. Swanson.

Council Member Gershman stated the houses that Mr. Swanson built fit into neighborhoods and neighbors are starting to redo their homes and a whole effect on neighborhoods from his work, and thanked him.

COMMITTEE OF THE WHOLE DISCUSSION ITEMS

2.1 Plans and specifications for Project No. 5688, District No. 604, Promenade Second Resubdivision paving____________________________________________________
There were no comments.

2.2 Plans and specifications for Project No. 5517, District No. 592, Promenade 1st Addn. and Promenade Second Resubdivision alley paving.____________________________
There were no comments.

2.3 Plans and specifications for Project No. 5690, District No. 20, Promenade 1st Addn. and Promenade Second Resubdivision sidewalk.______________________________
There were no comments.

2.4 Plans and specifications for Project No. 5677, District No. 434, sanitary sewer on Adams Drive._________________________________________________________
There were no comments.

2.5 Plans and specifications for Project No. 5678, District No. 283, watermain on Adams
Drive.__________________________________________________________________
There were no comments.

2.6 Plans and specifications for Project No. 5676, Pump Station 42 and forcemain; Project No. 5585, Phase 4 Levee Sanitary Forcemain Relocation, Project No. 5686, Phase 4 Levee Watermain Relocation, and budget amendment for Project No. 5676.
There were no comments.

2.7 Bids for Project No. 5603, District No. 602, Birkholz Homestead Addn. paving (Lydia Court)._______________________________________________________
There were no comments.

2.8 Bids for Project No. 5653, District No. 598, Columbia Park 29th paving: (Pembrooke Dr., Brookshire Dr. and Pendleton Dr.)__________________
There were no comments.

2.9 Bids for Project No. 5669, District No. 601, Southbrook Addn. paving, Phase II (Curran Court).______________________________________________________
There were no comments.

2.10 Minnkota Power Cooperative, Inc. - relocation for Phase IV, Permanent Flood Protection Project.___________________________________________________
Council Member Gershman asked if they would be working off actual invoices; Mark
Walker, asst. city engineer, reported they would.

2.11 Utility Relocation Reimbursement Agreement with Magellan Pipeline Company, LLC for Project No. 5635, GF Flood Protection Project, Phase IV, Utility Relocates.
There were no comments.

2.12 Greenway Tree Planting Program.
Council Member Kerian questioned statement that no plaque or recognition would be
allowed in the greenway but staff would recognize donors by other means. Melanie Parvey-Biby,
greenway coordinator, stated sometimes there gets to be too many plaques where almost looks
like a memorial and a lot of people prefer not to have a plaque but just like to see the location so
that they know where the tree is, there was a suggestion of a certificate that could be distributed
to individuals or do something in newsletters or a bronze plaque within one of the kiosks. She
also stated they haven't had a huge response and not quite sure what people will want but have
had few calls and people not interested in plaques. The Park District has a policy and they do not
have plaques with trees that are donated. Council Member Gershman stated they were also
thinking of vandalism and maintenance and no plaques eliminates that problem.

2.13 Public hearing for moving permit application to move single family home from Pisek, ND to 5409 West Maple Avenue.__________________________________
There were no comments.

2.14 Bid specifications for MDC's (mobile data computers) for police vehicles.
There were no comments.

2.15 Request from Scott Weekley for an extension of the Weekley's Auto Parts, Inc. conditional use permit (CUP) for the operations of a junkyard, wrecking yard or auto salvage yard (loc. on north side of Hwy. 2 between N. 69th St. and N. 83rd St.)__________________________________________________________________
Council Member Kreun stated he had requested at Planning and Zoning meeting if there
were any violations, number of them and if corrected. Dennis Potter, city planner, stated that was
reported at the Planning and Zoning Commission meeting but did not put that in this mailing and
would have that for them next week.

Council Member Hamerlik stated that the proposed recommendation is to give a six-month
extension, but would like those companies to know what should occur in six months, that they
have had a 10-year conditional use and should either consider extending it again or else saying
no; and if give six-month extension include what intention is.

Council Member Kerian stated we need to know what is going to occur over the next six months,
that discussion at P & Z the companies seem to meet the letter of the law as best they can , and
what is it that needs to happen.

Mr. Potter asked how get from proposed extension for six months of both conditional use permits
with same conditions - that if we say no to conditional use permit, what are ramifications of that ,
say yes with new and different conditions and require dialogue between city council and two
conditional use permit holders and how do dialogue - series of committee of the whole sessions,
send to standby committee or form task force - and if do by task force (new Gateway Committee
is on the agenda) would be part of that, need to decide what they want and what they are looking
for, what can permit holders support and finally agree on what conditions are and how measured
and how long extend conditional use permit at the end of the six months.

Council Member Gershman stated one thing suggested was that they plant trees there that would
take care of the issue - but trees don't grow because of saline soil - that businesses are there and
there is a need for them. He noted that if cars abandoned or left there, could find owner because
of vehicle nos., etc. and stop that process. He stated that a task force has worked well in the past,
has no other agenda and not otherwise focused, and would suggest that next week they consider
forming a task force and working with Mr. Brooks who is on the Gateway Comm. and the
salvage yard owners.

Council Member Brooks stated when talking about Gateway beautification, that there is a lot
more to it than the salvage yards - need to sit down and have open dialogue and communications
and his concern is about all of Gateway.

Council Member Christensen stated that it is unfortunate that we are talking about two business
owners who have a long history in this community, that this council is going to begin discussion
and work with these business owners and owners of the land to try to come up with some type of
resolution - his issue is does this city require junkyards and most cities require salvage yards - and
where should those yards be located and if continue to be located on Hwy. 2. He stated that
before any task force engages in discussion that a memo from our city attorney as to what legal
obstacles exist to deny a conditional use permit that has been in existence for more than 10 years
or change the conditions or change the use - that if changing the conditions or use and have to
give those using it to come into compliance - there maybe costs associated with this and six
months may not be long enough, that whomever the mayor or council selects for this, that they
have a good understanding of where they are, how they got there and what their alternatives
are - then complete constructive dialogue with these two businesses.

Shurkey Swanke, 1506 South 15th Street, stated that auto salvage is the first and only
commercially viable recycling method this country has, every other recycling operation depends
on government grants, subsidies or government contracts to maintain a business presence. These
are companies that have been long term employers and entire issue of Gateway beautification has
been overblown, that he is appreciative of what Weekley's and Swangler's have done for him in
the past in terms of keeping his old vehicles running - and at this point he goes out there and buys
parts for hobby cars and is still a resource he values, they were there long before there were
residences in that area and they have already moved from a location closer to town because of
pressure and sees no reason for them to move again, and sees no reason to put a conditional use
permit on them.

Council Member Hamerlik stated he wanted to make it clear that he was not speaking to close
them down and that wasn't stated by anyone; that a task force is better than a standby committee
and would think Bob Brooks would be logical person from the council since that is in his ward,
and about where going with this can be added to the staff's recommendation - a recommendation
for six months and committee report back within six months period - disappointed that here on
D-day and now coming in to study it.

Council Member Glassheim stated the purpose of the six months delay is not to have conditions
imposed now and have it be a trial period but rather to decide what conditions we want to put on
it in renewing it and that we understand that the function they play is important and want it to
exist but over the years there have been concerns by a lot of members of the public about how it
looked and if it has improved is because we had conditions and regulations that we make sure that
things are done properly and how they affect the rest of the community - that we have to decide
what enforceable regulations we want to put on the renewal of the conditional use permit - that
we have to represent the whole of the community and want to make sure we have enforceable
regulations that will keep eyesores from re-occurring and give us the authority we need to go in
and do something if it is not working right and that is the purpose of the task force.

2.16 Request from Jerry Swangler for an extension of the Swangler Auto Parts, Inc. conditional use permit (CUP) for the operations of a junkyard, wrecking yard or auto salvage yard (loc. on the north side of Hwy. 2 between N. 69th St. and N. 83rd St.)____________________________________________________________________
There were no comments.

Council Member Gershman excused.

2.17 Request from Bobbie Hepper-Olson on behalf of Grand Forks Housing Authority for final approval of the plat of Promenade Second Resub. (loc. between 6th Ave.N. and 8th Ave.N. and between N. 53rd St. and N. 55th St.)________________________
There were no comments.

2.18 Petition from Grand Forks Housing Authority for vacation of all of the 25 ft. alleyway through lands platted as Block 3, Promenade First Addn._________
There were no comments.

2,19 Request from Scott Stauss on behalf of Hampton Corporation for approval of an ordinance to amend the zoning map to exclude from the Perkins 3rd PUD (Planned Unit Development) Concept Development Plan, Amendment No. 2 and include within Perkins 3rd PUD (Concept Development Plan), Amendment No. 3, a replat of Lots 26 to 33, Block 2, Perkins Fourth Addn. and adj. vacated Pine Circle thereto, Lots N, O and P, Block 2, Perkins Fourth Addn., and all of Perkins Eighth Resubdiv. (loc in 3000 block of 40th Ave.S.)__________________________________
There were no comments.

2.20 Request from Scott Stauss on behalf of Hampton Corporation for approval of Perkins Tenth Resubdiv., being a replat of Perkins Fourth Addn., Lots 26 to 33, Block 2 (loc. in 3000 blk. of 40th Ave.S.)___________________________________
There were no comments.

2.21 Request from Scott Stauss on behalf of Hampton Corporation for approval (fast track) for Perkins Eleventh Resubdiv., being a replat of Perkins Fourth Addn., Lots N, O and P, Blk. 2 of Replat of Lots 1, 2 and 3, Blk. 2, Perkins Fourth Addn. (loc. at 36th Ave.S. and S. 34th St.)________________________________________________
There were no comments.

Council Member Gershman reported back.

2.22 Request from CPS, LTD. on behalf of Jon and Van Larson for approval (fast track) of replat of Block 16, Budge & Eshelman's 3rd Addn. and parts of vacated streets adj. thereto (loc. in 1500 blk. of Dyke Ave.)___________________________________
There were no comments.

2.23 Request from Pribula Engineering on behalf of Lavonne K. Adams for approval of plat of Shady Ridge Estates Fifth Resubdiv., being a replat of all of Shady Ridge Estates Fifth Resubdiv. (loc. at intersection of Adams Drive and Shady Ridge Court.)_________________________________________________________________
There were no comments.

2.24 Request from CPS, LTD on behalf of Barnyard Developers, LLP for approval (fast track) of replat of Lots 1, 2 and 3, Blk. 1, Birkholz Homestead Addn. (loc. in 1800 blk. of Lydia Circle.)_____________________________________________________
There were no comments.

2.25 Request from CPS, LTD. on behalf of City of Grand Forks, et al, for approval (fast track) of a replat of Lots 12 - 17, Block 3, Rivers Edge Addn. (loc. at Rivers Edge Drive, east of Belmont Road.)______________________________________________
There were no comments.

2.26 Request from Grand Forks/East Grand Forks Metropolitan Planning Organization (MPO) for a Land Development moratorium along and one-quarter mile north and one-half mile south of Merrifield Road from the intersection of Merrifield Road and Belmont Road east to the Red River.________________________________________
Mr. Swanson stated what he had recommended and was acted upon by the Planning and
Zoning Commission was that the interim moratorium be adopted by ordinance as opposed to
resolution, that he will be providing council with a preliminary draft of the ordinance imposing
the moratorium.

2.27 Gateway Drive Committee.
Council Member Hamerlik asked why Council Member Brooks' name is not included in
the list but in the description in the introductory statement, if he is a member or a representative -
Mayor Brown stated he would be an active member.

2.28 Water meter and remote read bid summary.
Hazel Fetters-Sletten, water superintendent, stated there was an error in the report in the
packet and provided updated information.

2.29 Request for discussion on whether or not to approve a right in only access on 32nd Avenue South for Lot F, Block 1, Columbia Park 10th Addn.___________________
Council Member Gershman stated that we have a letter from the ND Department of
Transportation saying they will support the decision of the council; and that is different than their
1999 correspondence where they were against access as it was ingress and egress - that this
request is for ingress and no traffic coming out into 32nd Avenue S. and based on that would
hope that we would approve this next week and have that development take place.

Council Member Kerian stated there have been some different views by both City and State and
that egress is an issue there, that this is property on 32nd Ave.S. west of west limits of the
Columbia Mall and want to have access only as going west to enter into this property - that Mr.
Grasser's concern was that a fairly short distance between the two stoplights for people to slow
down and move off that lane, that we have allowed it for Southtown and trying not to make it a
precedent, that if additional areas along 32nd want access to get into their businesses if it is an
exception and her recollection of Columbia was if became a traffic, pedestrian or bike problem
into Southtown would make them take it out, and has some real concerns.

2.30 Bids for Promenade utilities - Project No. 5514, District 423, sanitary sewer; Project No. 5515, District No. 278, watermain; and Project No. 5516, District No. 424, storm sewer.__________________________________________________________________
There were no comments.

INFORMATION ITEMS

3.1 Portfolio Management/Summary report as of May 31, 2004.
There were no comments.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks congratulated everyone on their election - however, the percentage
of the vote disappointed him.

2) Council Member Hamerlik congratulated to newly elected city council members - and
asked how we are going to act relative to their voting on the issue of publishing of minutes, about
two months ago reduced size of minutes and now with the vote that we may not need to publish
everything but want to publish something and would like proper heads to get together and see
what do - and citizenry should know what we are going to do.

3) Council Member Glassheim stated when campaigning, there were complaints about buildings
which had for sometime either no paint or no siding on them and were having a depressing effect
on the neighborhood, whether call it property values or morale, and wondered if inspections or
the attorney's office could draft something that would require some kind of skin on building -
whether it is paint or siding and for years unpainted not be allowed to sit there and some time
between notification and when action might be taken. Mr. Swanson stated he would look at that,
that during Mayor Polovitz' term that issue was researched and debated and was the conclusion of
his office those ordinances that attempted to impose those types of requirements typically were
struck down for various reasons and also becomes in large part that of eye of the beholder; the
ordinances that have been upheld typically have been upheld in communities that have created or
adopted historical standards and must be compliant - that is what did in the downtown area - will
look at it again but not going to be a simple issue.

3) Council Member Christensen commented on the tragedy their firm suffered with the loss of
Jay Fiedler, that Mr. Swanson and Mr. Fiedler were partners and associates for years and has
known Jay for 7 or 8 years and is a great loss to this community and to his firm.
He thanked the citizens of Ward 5 for seeing fit to place him back here for another four years ,
and that he believes the incumbents' reelection was a good sign, and is an endorsement by the
citizens, voter turn-out was low, but finds it was an endorsement of this council, endorsement of
the mayor and his staff, endorsement of the direction of this community and very proud to have
another four years and to work with this group of people and mayor's administration and that this
is a team sport and that the next two to four years are going to be very exciting.

4) Council Member Kerian stated that people in the community heard that we are serious about
providing them the information that they need and what we need to do in response is to continue
to do what we have been doing for them - the newspapers column and the information we provide
in that and would like to see us continue giving people information that they know what is going
on and know where they can go for additional information - provide information according to
law and policy and meet the citizens needs in doing so.

5) Council Member Kreun stated he appreciated voters that turned out and thanked people in
ward 7 and will continue to work hard in ward 7 and for the community of Grand Forks and
proud to be a part of this council and this group of people and move forward in the right direction.

6) Council Member Gershman offered condolences to the Fiedler family, that he knew Jay and
worked with him on city issues and will be missed.
Congratulations to incumbents who were returned to office and worked hard for their election
and thinks this was an endorsement of mayor's, staff's and council's work, and perhaps low
turnout is disturbing but maybe people are generally pleased with the direction of this administra-
tion and council, and looking forward to working with all of this council.

7) Mr. Swanson stated he wanted to make council members aware that there will be an
organizational meeting on the fourth Tuesday of June - June 22 - meeting will be to seat council
members for new terms for those re-elected and to undertake whatever organizational business
you deem appropriate, including elections.
He stated he wanted to recognize the passing of Jay Fiedler, that he had a long tenure in his
office and will be truly missed.

ADJOURN

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

Respectfully submitted,



Candi Stjern
Acting City Auditor