Council Minutes
July 6, 2004
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 6, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, July 6, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian (teleconference), Kreun, Gershman - 7; absent: none.
The Grand Forks Air Force Base Airmen Leadership School, 04 Foxtrot Class, led the city council in the pledge of allegiance to the flag, also present were Major O'Brien who is Mission Support Squadron Commander; MSgt.Clere, Airmen Leadership School Flight Chief; and TSgt. Griffith, his assistant.
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:
Sertoma staged an entertaining celebration on the 4th of July, the event was downtown and in the greenway, thousands of people attended - event for the whole region and thanked volunteers and sponsors.
this coming Saturday marks the return of an exciting tradition - the Grand Forks Air Force Base Friends and Neighbors Open House, free for everyone and takes place on the Base from 10:00 a.m. to 4:00 p.m. and to thank Base personnel and their families for their commitment and show our support for the Base in general.
Grand Forks will host the Prairie Rose State Games this weekend, games started in 1987 and this event is one of the largest per capita state games competition in the United States; the games are hosted by the Park District and thanked them as well as CVB and the many volunteers.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, reported they have a video presentation this evening but also noted that the latest update on the federal appropriations bill process is that the House has passed an appropriations bill and the bill on our project does match the President's budget at $31.19 million and are hoping for better markups on the Senate's side; that on the local funding there is no change on the local dollars.
Council Member Glassheim asked what the approximate amount it would take to finish the project from the federal side. Mr. Grasser stated that when in Washington, D.C. they were lobbying for $55 million which would get them through substantial completion in 2005, but latest report from the Corps of Engineers they are identifying more federal funding needs than what they had when they went to Washington - $65 million to finish off on the federal side.
Council Member Hamerlik questioned under FEMA flood remapping issue, that he hasn't seen anything locally about flood insurance which ties in with the remapping, that he read that one of the chambers has already passed flood insurance change and probably passed in other chamber and signed by the President and we should know and citizens at what they contemplating or passed into law - some major changes in flood insurance. Mr. Grasser stated that the remapping issue for Grand Forks wouldn't need a presidential sign-off and the changes that have been going on for 3 or 4 years where the federal government has been moving away from subsidizing the flood insurance rates trying to encourage people to move out of flood zones; we are experiencing pieces of that but those changes are going through and that he can find out what the latest changes may be that might affect Grand Forks but that he didn't think those changes are going to have a marked effect on any of our remapping. Council Member Hamerlik stated he would like to know what is in the bill, and how it affects us. Mr. Grasser stated they would check on that.
The flood video was presented.
Melanie Parvey-Biby stated there are additional trails being built in our community, that the trails in Grand Forks will not be complete until all three phases of the flood protection project are complete, and there will be over 20 miles of new trails in our city, some located along the riverbanks. She stated there are three phases of construction which include recreational features and one of the most prominent features is the trails, the last phase of construction is Phase III that began this spring, that at the completion of Phase III they will provide a connection between the many segments of trails. She stated the pedestrian bridges are being advertised for construction, bids opened later this month and construction may begin later this summer, that once the bridges are complete the entire trail system will tie together - construction will take approximately 2 years. For additional information re. trails, log onto the city web page on the greenway site showing trail system and info. re. pedestrian bridges plus other recreations features.
Council Member Christensen questioned information about a southend boat ramp and asked what plans for funding. Ms. Biby reported the plan was to finish the northend boat ramp and begin construction, then to get back to the working group and look at options for locations and begin granting process in early 2005, and if looking at the same grants the application for the ND Game & Fish would be due in February, 2005 and Garrison Conservancy District, etc. in later spring and looking for schedule of construction in 2005. Council Member Christensen stated they need to reconvene the group the end of August or early September.
Council Member Gershman questioned curing time for the painting of the floodwalls, 90 days. Mr. Grasser stated there is a cure period (staining process that tints the wall) and concrete has to cure prior to staining the wall but not sure of time.
DENY REQUEST FOR PROPERTY TAX EXEMPTION BY
GOWAN CONSTRUCTION, INC., 2572 NORTH 43RD STREET
The staff report from the city assessor relating to public hearing on application for property tax exemption for expanding business by Gowan Construction, Inc. at 2572 North 43rd Street, with recommendation that the city council should consider whether or not to grant an exemption, and if the council wishes to grant an exemption, his recommendation would be to grant it on a 5-year step-down formula.
Mayor Brown opened the public hearing on the application for exemption.
John Morberg, Gowan Construction, stated that he had turned in a report for council and commented on several items that were in question: that according to the City's policy Gowan is a primary sector business and that Gowan Construction profits stay in the area and by helping them to expand there would be more retention of dollars in the area than presently exported. He stated regarding creation of new jobs and adding additional staff, that and within 5 years there would be an additional 10 positions with salary range being from between $8.00/hr. to over $20.00/hour and additional positions may also be created. He stated that after this building is constructed there would be additional taxes in the amount of $10,000 per year and this could be income that the City does not have; he stated this facility is going up and council's decision may mean Gowan's construction here or someplace else.
Mayor Brown closed the public hearing.
Council Member Gershman stated he was disappointed that if they did not get the tax abatement they would not build in Grand Forks, excellent company and millions they have received in work from Grand Forks is much appreciated on both sides and is sure that relationship will continue, that of the businesses that have received tax abatements from the City were non-competing businesses with two exceptions (Strata Corporation from the County) and Canad Inns which they looked at as significantly large project attached to the Alerus Center. He stated the policy has been that we try not to give tax breaks to businesses that compete with each other and the policy states that these types of requests will be considered, and that he has considered the matter, and moved that we deny the request. Council Member Christensen seconded the motion.
Council Member Brooks stated that Grand Forks depends a great deal on surrounding communities for our economic development, economy and retail business and that is important, that Gowan Construction is currently located in Oslo and whether they move here or not is a business decision and that he does not want to participate in drawing a business from one of our surrounding communities that we depend heavily on for the economy of this town and is a deciding factor for him.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Hamerlik voted against the motion.
REFER THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT TO THE AUDIT COMMITTEE
The staff report from the assistant director of finance and administrative services relating to the Comprehensive Annual Financial Report of the city of Grand Forks for the year ended December 31, 2003, and the Independent Auditor's Report, with recommendation to refer the matter to the Audit Committee (Finance/Development Committee) to review the Report and the independent auditor's opinion on the financial statements.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE REVISED URBAN AND REGIONAL PROGRAM
PROJECT REQUESTS TO NDDoT
The staff report from the engineering department relating to revised Urban and Regional Program Project requests to NDDoT, with recommendation to approve modification to federal aid projects for construction years 2005 to 2009.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR NORTH END
BOAT RAMP, PROJECT NO. 5402
The staff report from the engineer department relating to plans and specifications for Project No. 5402, north end boat ramp, with recommendation to approve the plans and specifications.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT BID FOR PROJECT NO. 5282, PHASE IV,
LANDFILL CLOSURE
The staff report from the engineering department relating to consideration of bids for Project No. 5282, Phase IV, Landfill Closure, with recommendation to award contract to low bidder, Wanzek Construction, in the amount of $414,995.00.
It was moved by Council Member Christensen and seconded by Council Member Kreun 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 AGREEMENT WITH MINNKOTA POWER
COOPERATIVE, INC. FOR RELOCATION OF LINE FOR
FOR PEDESTRIAN BRIDGE CONSTRUCTION PROJECT
The staff report from the engineering department relating to Minnkota Power Cooperative, Inc., relocation for the pedestrian bridge, permanent flood protection project, with recommendation to approve the agreement with Minnkota Power Cooperative, Inc. to relocate an electric transmission line need for the pedestrian bridge construction project. (Cost estimated to be $73,979.00 with $32,880 as City's share)
It was moved by Council Member Christensen and seconded by Council Member Kreun 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 GREENWAY ADOPT A TRAIL PROGRAM
The staff report from the greenway coordinator relating to Greenway Adopt a Trail Program, with recommendation to approve the Program subject to review by the city attorney.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PURCHASES OF REAL PROPERTY AND
BUDGET AMENDMENT
The staff report from the director of public works relating to Street Department purchase of real property and associated budget amendment, with recommendation to approve purchase of real property and budget amendment (purchase price of 11.5 acres of land at $3,400 per acre and total purchase price of $39,100, and budget amendment in the amount of $39,100 from street department cash carryover).
It was moved by Council Member Christensen and seconded by Council Member Kreun 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 ONE-YEAR EXTENSION OF BUILDING LEASE FOR
TECHNOLOGY APPLICATIONS GROUP AT FTZ BUILDING
The staff report from Urban Development relating to lease extension for Technology Applications Group, with recommendation to approve one-year extension to July 31, 2005 of building lease for Technology Applications Group, Inc. at foreign trade zone building.
It was moved by Council Member Christensen and seconded by Council Member Kreun 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.
COUNCIL MEMBER KERIAN NO LONGER ON TELE-CONFERENCE CALL
RECONSIDER ACTION TAKEN ON REQUEST FOR APPROVAL
OF A RIGHT IN ONLY ACCESS ON 32ND AVENUE SOUTH
FOR LOT F, BLOCK 1, COLUMBIA PARK 10TH ADDITION
Council Member Christensen stated in the letter from the ND Department of Transportation that the City will need to reimburse the State for the value of the access and that wasn't part of his motion to approve the granting of the right of way access and would like the council to reconsider and to approve the granting of the right of way access off 32nd Avenue South subject to the developer being responsible to reimburse the State of North Dakota for the value of the access. He stated that he and Mr. Grasser spoke with Mr. Greenberg about this issue and Mr. Greenberg agreed that he didn't want the City to bear any of the cost.
It was moved by Council Member Christensen and seconded by Council Member Kreun to reconsider the action of the city council taken on June 21, 2004 relating to request for right-in only access on 32nd Avenue South for Lot F, Block 1, Columbia Park 10th Addition. Carried 6 votes affirmative.
The staff report relating to reconsideration of the action taken on June 21, 2004 regarding request for discussion on whether or not to approve a right in only access on 32nd Avenue South from Lot F, Block 1, Columbia Park 10th Addition, with recommendation to reconsider the action of June 21, 2004 (that we approve the right in access with a north egress on 32nd Avenue South for Lot F, Block 1, Columbia Park 10th Addition with access moved to the property line on the east) and add the following language to the original motion, "all costs to install the turn lane and reimburse the NDDOT will be paid for by the developer."
Council Member Christensen moved to approve the right in access with a north egress on 32nd Avenue South for Lot F, Block 1, Columbia Park 10th Addition with access moved to the property line on the east, and with the developer responsible to pay for the cost of constructing the access and reimbursing the State of North Dakota for the value of the access. Council Member Kreun seconded the motion.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
ELECT CHAIRS FOR THE COUNCIL STANDBY COMMITTEES
Council Member Brooks nominated Council Member Christensen as chair of the finance/urban development committee. It was moved by Council Member Brooks and seconded by Council Member Gershman to cease nominations and to cast a unanimous ballot for Mr. Christensen. Carried 6 votes affirmative.
Council Member Gershman nominated Council Member Kreun as chair of the safety/service committee. It was moved by Council Member Gershman and seconded by Council Member Hamerlik to cease nominations and to cast a unanimous ballot for Mr. Kreun. Carried 6 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No. 04-13,dated July 2, 2004, totaling $617,854.67 and Estimate Summary dated June 30, 2004, totaling $1,833,331.35, were presented and read.
It was moved by Council Member Christensen 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, Gershman, Christensen, Kreun -6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES JUNE 21, 2004 AND JUNE 22, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, June 21, 2004, and of the final meeting of the city council held on Tuesday, June 22, 2004 and of the organizational meeting held on Tuesday, June 22, 2004, were presented and read.
It was moved by Council Member Kreun and seconded by Council Member Christensen that the minutes be approved. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND/OR COUNCIL MEMBERS
1) Council Member Hamerlik stated he had concerns expressed to him re. noise track, tampering of exhaust and equipment within the car, bass shakes houses and if staff could look at it, and if should be considering something and asked Mayor to take under consideration to see if something should be discussed.
2) Council Member Kreun commented on request by Gowan and suggested perhaps setting up committee to include county commissioners, school board, city council to review these requests using point system to see if it would be wise to bring them forward and to see if process needs to be updated.
Council Member Christensen stated another item they should be reviewing is the Growth Fund policy, and these are somewhat in conjunction and to review both policies at the same time, and asked that be added to Mr. Duquette's list.
3) Council Member Gershman commented on the 4th of July festivities put on by Sertoma, they did a fantastic job, and that members of Sertoma were working as well as their wives and children - great event.
He stated that Friends and Neighbors Day at the Air Base on Saturday and that there is no way for people who do not have transportation to get there, and asked if we could have a bus at the terminal downtown to take people who do not have cars to take them out to Friends and Neighbors Day and have pickup time - asked Mr. Duquette and the Mayor to look at that.
He stated we have had some affordable housing successes by people who commented that they never thought that they would ever own a home, and urged people to contact Urban Development - bankers and realtors know about this program, and if have any booths downtown should have info on affordable housing available, because program working and thanked mayor and council for support of those programs.
He stated in one of the reports that they receive, City getting requests for placement of cell towers on our light poles and would check with other cities to see what rates they are charging on that and should review that.
He noted that on entrance to Elks Drive in front of the tennis courts rather messy and asked to have somebody look at that, have it mowed.
ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
__________________________________
Michael R. Brown, Mayor