Council Minutes

Minutes/Committee of the Whole
Monday, September 13, 2004 - 7:00 p.m.

The city council met as the Committee of the Whole on Monday, September 13, 2004 at 7:00 p.m. in the council chambers in City Hall with Vice President Hamerlik presiding. Present at roll call were: Council Members Brooks, Glassheim, Christensen, Kerian, Kreun, Hamerlik - 6; absent: Council Member Gershman - 1.

Vice President Hamerlik announced that when addressing the committee to please come forward to use the microphone for the record. He advised that because of technical difficulties the audio and video are not working at this time. He noted that he would make announcements at the end of the meeting should the technical difficulties be resolved.

1.3 Grand Forks Region EDC Strategy presentation.
Klaus Thiessen stated the overall mission of their organization is to improve the quality
and quantity of career opportunities for the citizens of Grand Forks region, that the strategic goal of the organization to implement a strategy that prepares a community for long term growth but also recognizes the need for short term results. He stated everybody has been supportive to their organization and work very closely with the department of urban development; that the governor, the department of commerce, Congressional delegations have been very cooperative also. They identified 4 areas where their organization will take the lead where possible: business retention, expansion, creation and attraction and will play a supportive or participatory role in areas of accessibility, which includes airport development, research and commercialization and entrepreneurship and innovation. He stated they have identified the region's challenges and strengths but have a primary objective which ties to their mission getting back to quality and quantity of career opportunities for the citizens of this region. He stated at their annual meeting they identified 7 economic indicators and will be reporting on an annual basis to the city council and to their board and advisory committee and tracking their economic growth. He stated they have identified their goals as 400 jobs in the 18 months and in 5 years, 2,000 jobs, and in 10 years, 4,000 jobs. He stated they have 4 objectives they are working on: 1) to raise the profile of Grand Forks region in Canada and starting with Winnipeg and southern Manitoba and there are a series of action items and have goals set to that, have an advertising campaign running in Winnipeg now through February and pursuing some opportunities; 2) directed at UND and Congressional delegation and the Red River Valley Research corridor and working with UND and RR Valley Research Board and plan before council outlines action items and goals (first one Canadian one and second core strength which is UND research and commercialization) and 3) focus on more specific sectors and tied to UND, are Aerospace and Energy and Environment, life sciences and value attitude processing. Those will be the areas concentrating on, not saying that other areas aren't important but given focus and resources we have, that is where they would like to concentrate their energies. The third objective is to communicate effectively on a local, state and national level and with the business community, and that they are open any time you have suggestions, comments, meetings, etc.; that looking over the 10-year period of 48 companies, includes looking at expansions, attractions and locations. He closed his presentation.

Vice President Hamerlik announced we are now on the air

Council Member Christensen stated they are going to begin of redoing the Growth Fund policy and procedures, and one of things they should be thinking about as criteria in policy and procedures besides the number of jobs, the quality of jobs and salaries and benefits, etc. career advancement, etc. so that they address that issue.

Council Member Kerian stated that they should publish those measurable results and people can see how their money is being spent, the community contributes to this effort with their sales tax dollars. She stated the focus in the roles and responsibilities and see as their major responsibility that they need to lead and direct those things they participate in and some of the other things are City's responsibilities and other entities and helps us know how we fit together, and which are the things we most need to deal with and which are the things we need to do some cooperation and support other people.

Council Member Brooks stated we are still looking at the UND and other groups and continue to look at areas throughout the entire United States. Mr. Thiessen stated the greatest emphasis will be on the partnership between UND and those sectors, not focusing and chasing businesses in Canada but a proponent they will be focusing.

Council Member Kreun stated we have to reiterate our successes that we have in our community because we are a growing community and are doing very well.

Mr. Theissen stated that within the next 5 days the information of the presentation will be on the website, grandforks.org

Council Member Hamerlik announced that on this Saturday, September 18, between the hours of 10:00 and 3:00 there will be an open house at the Public Works, 724 N. 47th Street, some fun things for kids, information re. street cleaning, snow plowing and other things that the street department is charged with. He also noted that there were over 30 people from Winnipeg, Canada today working with and listening to our greenway staff as they are very much interested in what we are doing and they are trying to learn from the successes we have had.

2.1 Application for Class 3 (Off and/or On-Sale Beer and Wine) license by Campbell's Fresh, 3350 S. Columbia Road.____________________________________________
No comments.

2.2 Application for abatement for 2003 taxes by Myron Wagner, 2225 Bethesda Circle.___________________________________________________________
No comments.

2.3 Appointment to MPO Executive Policy Committee.
No comments.

2.4 Matter of request from the Grand Forks County Water Resource District for concurrence on drainage improvements on S. 42nd Street.________________
Council Member Kerian asked for additional information as to where this is
located and discussion about how reached recommendation. Al Grasser, city engineer, stated location which is I-29, 47th Ave.S., 32nd Ave.S. and the original request from the Water Resource District as to install 3 36" culverts located approx. on the north side of 47th Ave.S. at about 40th Avenue S. and about 36th Ave.S., and request came in without lot of technical detail as to potential impacts and in-house added onto a computer program that was previously developed by a consultant after the flood to look at external drainage issues, that they plugged into the request to see if that request would bring in too much water to the city or could accept that amount of water without causing some problems and found that with 3 36" pipes found some points where critical elevations where if water profile reached those would see water ponding in the street or spill outside of the ditch and cause some noticeable physical negative impacts and that determined how much water they could accept within the city, and their analysis showed that if they changed the request slightly by modifying two 36" pipes into 24" pipes would be able to keep the water surface profile below point where cause any kind of problems. He stated they went back to the Board and they talked to some of the adjacent property owners and were good with the solution.

Council Member Kerian asked where that water drains now and what are they trying to accomplish with this. Mr. Grasser stated the water flows east to 42nd Street and hits the westerly ditch and follows the ditch to the Travel Plaza and crosses some culverts and ends up in area between ramps and Interstate and crosses through some culverts and into the English Coulee. There are some problems in the spring because ditch on 42nd is rather small and shallow, and holding pond which discharges some water and cause ice buildup - the culverts are crossing 42nd St and discharge into the Interstate ditch, which is deeper and wider and carry flows and avoid ice buildup issue that can occur - helps transport that water a bit more efficiently to the northend.

Council Member Kerian asked where water goes from the Interstate ditch. Mr. Grasser stated I-29 continues north and it continues in the west ditch of I-29 and that dumps into English Coulee or Legal Drain 9 and from there routes through town out to the northend. He stated it is going to improve the drainage of the agricultural land, allow that to drain quicker and in summer events if it ponds on there too long it can drown out the crops, and the goal of the property owners is to drain quicker. He stated this wouldn't have any benefit to the travel plaza but wanted to make sure was that the water being more efficiently transported doesn't accumulate. He also noted that the interceptor ditch west of town is intercepting a lot of water that would have added into this area and cause problems.

Council Member Brooks asked for better copy of map to be included in the packet.

Council Member Kreun stated that Legal Drain 9 runs along 17th and empties into the English Coulee. Mr. Grasser stated that Legal Drain 9 and the English Coulee are one and the same. Council Member Kreun asked how far out do we go west and accumulate water; Mr. Grasser stated it would take water for mile west - that what would solve that problem is the interceptor ditch because we were getting water from many sq. miles accumulating into this corner, so eliminating those extraneous miles so only ones dealing with are local ones. Main water will come down legal drain.

Vice President Hamerlik asked if draining water into Interstate waterway will in any way impair I-29 and travel. Mr. Grasser stated there no guarantees but the NDDot would be looking at that specific issue, and next step in this process is that the NDDoT is also going to have to approve these crossings and they will look to make sure that there aren't detrimental impacts, they will make that determination. Vice President Hamerlik stated that other agencies are looking at this to verify any movement we make is in a positive way.

Council Member Christensen stated that as this drains along the I-29 down to 17th - when this water hits County Drain #9 on the west side of the Interstate - Mr. Grasser stated water goes east through Grand Forks through English Coulee. Christensen stated we built diversion to prevent any water going through English Coulee and now adding water to the English Coulee which is counter to the diversion and his question is how much are they draining in addition to this quarter, that it drains to the northwest, and what doesn't drain northwest that is coming overland and comes to area through the city. Mr. Grasser stated they are not changing any of the drainage that comes to the city - all of the water south of 32nd to Merrifield Road over to one mile west of the RR track ends up in corner through 32nd or 42nd ditches and none of that will change, but reducing flood water coming into the city at Legal Drain 9 a mile west of the RR tracks and can shut a gate off and divert all of the water from the rural areas which constitutes probably 30 or 40 sections of land so that we can handle the remaining 8 or 10 sections of land through the community. Council Member Christensen stated with large rain events which they had in Fargo, 7.5 or 8 inches and asked if anticipated large rain event, how protect the city. Mr. Grasser stated they modeled the 100-year event which is about 5.5 inches in 24 hours, when you get that much water, don't have enough information as to where all that water can go. Mr. Grasser stated that when they get an event that large the water will be overtopping 42nd and Interstate and small openings of culverts will be insignificant in that situation.

Council Member Kreun stated on County Drain #9 we have a gate that is open or closed to the diversion, and in looking at a large event, to slow down that, could they go out and shut that gate so that the water would divert through the diversion rather than through the English Coulee; that we also have the dry dam that reduces some of the volume that goes through the English Coulee on a lower basis and then have diversion closer to Thompson that will divert water coming from the west so doesn't go through the English Coulee and that a large event that will overtop all our ditches is the only thing that we would have to be concerned with if utilize gate on Drain #9; and up to your modeling, we have control with those 3 methods that control the English Coulee.

Mr. Grasser stated that when we had the flood of 1979, the English Coulee drainage basin was uncontrolled and about 125 sq.miles of land that ran through the city of Grand Forks and that is what instigated the problem in 1979, with that there was the dry dam and the diversion channel west of town that took that 125 sq. miles and cut it in half to about 60, since then have had some large events and the flood protection project has added another interceptor ditch that has effectively cut the drainage area going through Grand Forks in half again, so probably down to about 25 sq.miles total that would be impacted through the city and of that 8 or 10 sq.miles is what is speculating that ends up, so have taken the order of the magnitude of the original problem and cut it by 90% (rough figures) and possibility of that catastrophic effect has been reduced by that amount. Council Member Kreun stated that if the water comes through faster could impact that but if he is confident it won't and have sluice gate on - Mr. Grasser stated that will intercept and shuts that water off and diverts that through the diversion channel; the Corps flood protection project is only designed to the 100-year event and if we get an event beyond the 100-year event we could experience failures of that project.

Council Member Brooks asked when this project is done, will we be running more water through the city than before project; Mr. Grasser stated the quantity will stay the same and peak change a very small amount - their calculations are very small changes from one condition to the other, and talking tenths of a foot.

2.5 Engineering Department recommendation to MPO for 2005 Annual Work Program________________________________________________________
No comments.

2.6 Consideration of bids for Project No. 5255, Relocation of Wastewater Storage buildings.__________________________________________________________
Council Member Brooks asked why the low bid was much higher than the engineer's
estimate. Cindy Voigt, asst. city engineer, checked that and that she hasn't bid project of this type and nothing to compare it to, but did find that the move portion which she had in the bids were off by about $20,000, and rest of the site work was generally same price.

2.7 Consideration of bids for Project No. 5689, Sand/Salt Storage Building.
No comments.

2.8 Approve plans and specifications for Project No. 5656, Watermain, 300 block of 55th Avenue South (approx. 200 ft. east of Chestnut St. to Belmont Road)._____
No comments.

2.9 Request from CPS, LTD on behalf of Crary Development for final approval of plat of Johnson's West First Addn., to the city of Grand Forks, ND, being a part of the SE Quarter of Section 18, Twp.151 N, R50W of the 5th P.M. (lying north of and adjacent to 32nd Ave.S.) (Public hearing and second reading of ordinance will be held on 9/20/04)_________________________________________________________
2.10 Request from CPS, LTD on behalf of Crary Development for final approval of an ordinance to amend the zoning map to rezone and exclude from the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within the Columbia Park West PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Columbia Park 22, 23 and 28th Additions, and Johnson's West First Addition to the city of Grand Forks, and also to include unplatted portions of the SE Quarter of Section 18, T151N, R50W of the 5th P.M. (lying north and adjacent to 32nd Ave.S. (Public hearing and second reading of ordinance will be held on 9/20/04)________________
2.11 Petition from Crary Development for approval of an ordinance to annex to the city of Grand Forks, ND all those lands to be known as Lot 1, Block 1, Johnson's West First Addn., except parts previously annexed, containing 3.79 acres, more or less as shown on the map included herein, which is by reference made a part hereof (loc. in the 4400 block of 32nd Ave.S.)______________________________________________
Council Member Christensen asked if they approve these proposed ordinances, what will
that do with the pylon sign and if there is any possibility that sign will be erected. Dennis Potter, city planner, stated no because the rezoning for the segment of the property that would hold the pylon sign was rejected by the city council; and if they apply for it, it will end up back here.

Council Member Kreun stated Planning & Zoning was very concerned about the sign issue and were able to take a tour of the city last week, and that these businesses that are going to be developing on the west side of the Interstate are going to need some type of signage and if you look on the east side of the Interstate have a glorified monument sign and some discussion was that may be appropriate on the west side of the Interstate.

2.12 Request from CPS, LTD on behalf of City of Grand Forks for final approval of a plat of Auditor's Resubdivision No. 38 to the city of Grand Forks, ND (loc. in the 2400 block of Belmont Road). (Public hearing and second reading of ordinance will be held on 9/20/04)_______________________________________________________
No comments.

2.13 Request from Marna and Paul Kobe for approval of a variance for Lot 4, Block 1, Sunset Acres 2nd Addn. to the city of Grand Forks (loc at 634 Schroeder Dr. - purpose of variance to vary the access to a collector street).____________________
No. comments.

2.14 Request from CPS, LTD on behalf of Menard, Inc. for final approval (fast track) of the Replat of Lots 3 and 4, Block 1, Columbia Park 30th Addn. to the city of Grand Forks, ND (loc. in 3300 block of 32nd Ave.S.)_________________________________
No comments.

2.15 Petition from Brandon Bartholomew on behalf of City of Grand Forks for approval to vacate all of Franklin Ave. not previously vacated between S. Third St. and S. Fourth St. adjacent to Lots 11 and 12, Block 5 and Lots 1 and 2, Block 8 of Viets Addition to the city of Grand Forks, ND (loc. between 300 and 400 blocks of S. 3rd and 4th Streets)_________________________________________________________
No comments.

2.16 Petition from Circle K Builders, Inc. for approval to vacate lands platted as a 33-foot wide service road adjacent to Lots 2 and 3, Block 1, Harty's Property Subdivision to the city of Grand Forks, ND (loc. at 4224 and 4300 Gateway Drive).____________________________________________________________
No comments.

2.17 Request from CPS, Ltd. on behalf of William Knipe for preliminary approval of the plat of Knipe's First Addition to the city of Grand Forks, ND (loc in 3000 block of S. 69th St.)________________________________________________________________
(Property is within the two-mile zoning jurisdiction of the city)

INFORMATIONAL ITEMS

3.1 Portfolio Management/Summary as of August 31, 2004.
No comments.

CITIZEN REQUESTS

1) Melvin Pedersen, 2423 University Avenue, stated that the mayor asked him to get something in the nature of a committee or task force together for concerns about noise, and listed information and books he had collected: and commentary on medical health effects and agenda on how to monitor the situation. Lot of ideas in the books for the city in these kinds of situations, health effects of noise, effects children and schools too. Books: Better Together, Empty Cradle.
Vice President Hamerlik asked that Pete Haga work with him and also with the mayor.

2) Naomi Yeager, 1010 University Avenue, stated that
Ms. Yeager stated she wanted to discuss the landfill that we are proposing in Manvel and that there are other ways of disposing of garbage than by landfill and asked that they consider a composting or a bio-reactor site at the current landfill site, that it will not attract birds, will not stick and not upset other residents. She stated everyone has garbage and no one wants to store it, landfills have a life span of 30 years, federal law that states that closed landfills must be monitored for 30 years, and what the City of Grand Forks is doing by proposing a new landfill is asking younger generations to deal with them. She stated she would like the City of Grand Forks to consider a facility - the facility is a composting site. Bio-reactors - a lot of information.

Vice President Hamerlik stated we have a copy of Mrs. Yeager's comments and is available to Mr. Feland.

ADMINISTRATIVE COORDINATOR COMMENTS

Rick Duquette stated at some of the recent meetings, the council has had discussions re. reviewing tax exemption policy and that he, Mr. Schmisek and Mr. Carsen looked at some models of other cities that they could look at - referred to the recent exemption policy situation with the Gowan Company, and was decided to look at our policy, that they have draft models and looking for venue to get the work done, and suggested running that through the finance committee and bring back to the city council. Council Member Christensen stated his committee would look at that item.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Kreun stated today they visited with people from Winnipeg and Selkirk and surrounding areas, they will be starting a levee project of about $640 million and interested in the greenway as a portion of their project and how that would play into planning process and funding mechanism - about 35 people came down and they spent about 3 hours with them along with Steve Mullally, Al Grasser and Melanie Biby and Kim Greendahl, explained some of our situations and they took a lot of information.

2) Council Member Christensen stated as they have a request from Mr. Duquette re. policies for tax exemptions, and would like to expand that and begin discussion to discuss and review planning and zoning ordinances, and asked that be added to the agenda.

3) Council Member Glassheim asked if Mr.Feland could be in touch with Mrs. Yeager and discuss some of the things that were brought up. Mr. Feland reported they are have a public hearing tomorrow with the Grand Forks County at 7:30 and would be willing to discuss information, that they have studied composting and other alternatives, etc.

4) Council Member Brooks reported the Gateway Drive Task Force will be meeting tomorrow, September 14, at 7:30.

He asked if they are still on schedule with the Human Resource director, with having someone on board by the middle of October. Mr. Duquette reported the Civil Service Commission established the register for the top 3 candidates for the HR director and the Mayor will make the appointment and candidate notified and begin discussion on salaries, etc. and probably a couple weeks off for finalizing. - this is civil service commission and will not come back to council.

5) Vice President Hamerlik reported that over the weekend he had the opportunity to witness some of the activities of the police force, and amazed with how well trained and worked together, and how humanely they handled the subject - really great thing to see how well prepared and how well they do their duties.

ADJOURN

It was moved by Council Member Kerian and seconded by Council Member Kreun to adjourn. Carried 6 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor