Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 18, 2004
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 18, 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, Gershman, Christensen, Kerian, Kreun - 7; absent: none.
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:
He noted we had a world event tennis match, NBA basketball, UND football, UND Homecoming, Martin Short and Big and Rich who rocked the Alerus last night country style. He noted this week there is the UND football game at the Alerus, UND hockey against the Gophers and a number of other events. On Thursday there is presentation by the Dance Ballet of India sponsored by UND's Multi-Cultural Awareness Committee and that they are touring the U.S. and we have the opportunity to see them at the Chester Fritz. This week we have the fortune to have Norwegian singer/song writer here on Friday, the 22nd of October at the Chester Fritz, and that the concert is free and open to the public and the concert is a gift from the Norwegian government to UND and our entire community for hosting this year's Norway Seminar for Professors of Norwegian in North America.
Congratulations to everyone at UND for a wonderful Homecoming and esp. to Tony and the folks at Memorial Union for a beautiful renovation job and to Senator Dorgan and everyone at the Med School for the new Neuroscience Research Facility. Thanks to President Kupchella for great state of the University address
He stated that the Grand Forks Region Economic Development Corporation's annual meeting is this Thursday and our community has made great progress in setting up our community-wide economic development team with major kudos' to EDC President and Board.
The City has started our annual leaf pickup and this is our second week and will make two full passes over the next 3 weeks.
He stated October is Crime Prevention Month and read a proclamation proclaiming October, 2004 as Crime Prevention Month in the city of Grand Forks and urges all citizens, governmental agencies and public and private institutions and businesses to invest in the power of prevention and work together for the common good.
ADOPT ORDINANCE NO. 4034, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHBROOK PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOT 2,
BLOCK 1, CURRAN'S 3RD RESUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southbrook PUD (Planned Unit Development), Concept Development Plan, and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 2, Block 1, Curran's 3rd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 4, 2004, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from Tim Crary on behalf of Crary Development for final approval of an ordinance to amend the zoning map to rezone and exclude from the Southbrook PUD (Planned Unit Development), Concept Development Plan, and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 2, Block 1, Curran's 3rd Resubdivision (located in the 4600 block of South Washington Street); with recommendation to give final approval of the ordinance. It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
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.
CONSIDER RECONSIDERATION OF ITEM RELATING TO
UNDER-ESTIMATED AMOUNT OF PROGRAM MONIES
ON CDBG FUNDS
Council Member Kreun asked for reconsideration of the council action two weeks ago re. the potential of the under-estimated amount of the program monies on the CDBG funds re. re-payment, with this item to be placed on the council agenda for this evening (the last item under action items on tonight's agenda),
ADOPT RESOLUTION RELATING TO $2,365,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2004A AND $1,585,000 WATER
RESERVE REVENUE REFUNDING BONDS, SERIES 2004B
The staff report from the finance director relating to authorizing the call for bids and set sale date for $2,365,000 Refunding Improvement Bonds, Series 2004A and $1,585,000 Water Reserve Revenue Refunding Bonds, Series 2004B, with recommendation to adopt resolutions relating to $2,365,000 Refunding Improvement Bonds, Series 2004A and $1,585,000 Water Reserve Revenue Refunding Bonds, Series 2004B; and calling for the public sale thereof.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8609 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8510 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Brooks and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5702, PAVING 40TH AVENUE SOUTH
The staff report from the engineering department relating to engineering services agreement for Project No. 5702, paving 40th Avenue south (South 20th Street to Reummele Road), with recommendation to approve agreement with CPS, Ltd. consultant for preliminary and final design engineering services in the amount of $232,540.00.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5703, 47TH AVENUE SOUTH RECONSTRUCTION
The staff report from the engineering department relating to engineering services agreement for Project No. 5703, 47th Avenue South reconstruction (South Washington Street to Cherry Street), with recommendation to approve agreement with Webster, Foster and Weston for preliminary and final design engineering services in the amount of $110,839.00.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Christensen, Kerian, Kreun - 7; voting "nay": none.
2006 TRANSPORTATION ENHANCEMENT PROJECT
APPLICATION
The staff report from the engineering department relating to 2006 Transportation Enhancement Project application, with recommendation to direct staff to submit a Transportation Enhancement grant application for a specified project.
Al Grasser, city engineer, reported information had been e-mailed to council members that outlined some of the questions and answers on the bikepath projects that were presented and did make note that Urban Development was working on another possible project, a beautification project on Highway 2 near 55th Street, and asked Mr. Lund from Urban Development to give the latest developments on the beautification part of the Transportation Enhancement.
Keith Lund, Urban Development Office, reported he had placed a short memo along with conceptual drawing of entry feature to Gateway Drive on council members' desks, and have estimated with a $20,000 contingency that the total project cost would be $212,000, with highest costs for concrete walls shown in the design on both sides of the right of way and in the center. He stated they met last week with a district engineer for the State Highway Department and got his preliminary approval to install this feature in the right of way, that he received information from the TE coordinator in Bismarck today for conceptual approval for the project that would have to meet with approval of their engineers on staff for turning radius, snow clearance, etc. He stated this became a project in their minds on October 8 after receiving some conceptual drawings from former horticulturalist from the Park District, their numbers are very preliminary and would have to get a design architect on board if move forward with this project as well as some bidding documents. The project has a 20% local match ($42,000 local match if project was $212,000) and that engineering has suggested that 30% of the project cost would go towards engineering and design work upfront. No funds have been budgeted for the local match to this project and likely could be over $100,000 local match, the Gateway Drive Committee is very excited about the project and wanted to give council the latest information they have.
Council Member Kreun stated this is a good idea and should be placed on the list but at this point feels we should keep our promise to residents on 55th Street and should consider that as the number one project.
Council Member Gershman stated his concern is that it is not a comprehensive plan yet and the idea of the Gateway Committee is to come up with a comprehensive plan for Gateway Drive and would hope that we don't piecemeal areas coming forward, that it is very expensive, and couldn't support this over a bikepath on 55th.
Council Member Brooks stated he is on the Gateway Committee, that the committee is excited about this but that he has made commitments to his constituents on University and 55th up to Gateway and that project has to get done; and that as a member of the Gateway Committee he can't support putting this in.
Council Member Kerian stated that the recommendation last time that there are some things that have better chance of being funded from previous experience than others and asked if they could comment on that in light of this addition, and asked if direction was to have one application.
Mr. Grasser stated the process with Transportation Enhancement funds is that they are competitive on a state-wide basis, they accrue all of the applications from across state, and review those applications on the features they look at, if it qualifies within the parameters of the overall program, and believes all of these presented tonight will fit within the overall program of qualifying funds. He stated they thought that 55th was one of the better potentials because it ties in with Gateway Drive bikepath to a University Avenue bikepath along 55th Street which is a classified street. He stated that 55th Street is relatively inexpensive and looking at federal participation of about $100,000, they have very limited amount of money to work with and if start looking at projects of $200-300,000 of federal dollars they take hard look at that because it would knock out several other projects in the program and that is why they think 55th Street will rate fairly well at Bismarck office and they do have the ability every year to make a Transportation Enhancement application and could bring back any of these are projects on another submittal next year, in 2005 we would be choosing 2007 construction projects and the one in front of you is 2004 decision for 2006 construction.
Council Member Kerian stated that she was interested in the 17th Avenue South multi-use path and understands that we will continue to look for other funding sources for that and partner with businesses, if possible, and agrees that isn't the best way to go.
Council Member Christensen asked if they were going to direct staff to submit one of the three projects you have presented. Mr. Grasser stated they need a priority ranking, could add more to the list, but definitely want to rank them if submit more than one project, that anything past a number 1 ranking is unlikely to go very far.
Council Member Gershman moved that we approve the North 55th Street and University Avenue multi-use path. Council Member Christensen seconded the motion. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE EXCHANGE OF PROPERTY WITH GRAND
FORKS TRAILL WATER DISTRICT FOR FLOOD
PROTECTION PROJECT
The staff report from the engineering department relating to the exchange of property with Grand Forks Traill Water District (GFTWD) for flood protection project, with recommendation as follows: 1) adoption of a declaration of a portion of the property located in the NW Quarter of Section 2, T150N, R50W, purchased for construction of the flood protection project, as surplus property; and 2) adoption of resolution by city council waiving the requirements for advertising and public sale pursuant to Grand Forks City Code 2-0402(5)(D) and authorizing transfer of referenced property to GFTWD in exchange for other adjacent property; and 3) approve Land Transfer Agreement with GFTWD contingent upon review of city attorney.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ASSESSMENTS, VARIOUS PROJECTS
The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of assessments by the Commission on the following projects and the amount of the assessments, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.
Project and District Nos.
Amount of Assessment
Annual Installments
Street Improvement Project No. 5319, Dist. 89 $ 134,630.00 20 Years
Street Lighting Project No. 5431, District. 139 58,346.00 9
Paving Project No. 5489, District 591 326,620.00 19
Paving Project No. 5504, District 590 216,800.00 19
Paving Project No. 5510, District 593 276,760.00 19
Paving Project No. 5530, District 594 218,000.00 19
Sanitary Sewer Project No. 5501, District 417 327,344.00 14
Sanitary Sewer Project No. 5507, District 419 118,259.00 14
Sanitary Sewer Project No. 5527, District 421 226,420.00 19
Sanitary Sewer Project No. 5536, District 425 63,621.92 14
Sanitary Sewer Project No. 5650, District 428 238,820.00 15
Sanitary Sewer Project No. 5666, District 432 97,200.00 15
Watermain Project No. 5502, District 275 193,514.00 19
Watermain Project No. 5508, District 276 113,700.00 14
Watermain Project No. 5528, District 277 106,550.00 14
Watermain Project No. 5537, District 279 32,882.00 14
Watermain Project No. 5604, District 281 78,340.00 15
Watermain Project No. 5651, District 280 131,235.00 15
Watermain Project No. 5667, District 282 39,497.00 15
Storm Sewer Project No. 4959, District 400 518,607.00 15
Storm Sewer Project No. 5150, District 409.1 160,700.00 12
Storm Sewer Project No. 5509, District 420 194,900.00 14
Storm Sewer Project No. 5529, District 422 115,000.00 14
Storm Sewer Project No. 5538, District 426 35,465.00 14
Storm Sewer Project No. 5668, District 433 79,000.00 15
Lift Station Project No. 5456, District 416 585,583.00 19
Building Demolition Project No. 5599 3,000.00 5
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Gershman and seconded by Council Member Brooks that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in the annual installments of principal listed, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.
APPROVE ASSESSMENTS ON VARIOUS PROJECTS
The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the city engineer on the following projects in the amounts as shown, and reported that the legal notices to the public that these assessments would be presented to the city council at this meeting had been published as required and further that no protests or grievances had been filed with the auditor's office.
Project and District No.
Assessment
Years of installments
2003 Sidewalk Project No. 5409.1 $ 18,733.62 4
2004 Sidewalk Project No. 5572 67,340.19 5
Weed Control Project No. 5584 6,180.00 1
Delinquent Utility Accounts No. 9002.1 13,401.06 1
Mayor Brown asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Gershman and seconded by Council Member Brooks that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in annual installments as shown of principal together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 7 votes affirmative.
TABLE REQUEST FOR APPROVAL OF PLAT OF KNIPE'S
FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of William Knipe for final approval of the plat of Knipe's First Addition to the city of Grand Forks, North Dakota, (located in the 3000 block of South 69th Street), with recommendation to table consideration until completion of the 32nd Avenue Land Use Corridor Study.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
TABLE REQUEST FOR ANNEXATION OF PARTS OF
DEEDED LANDS KNOWN AS KINDNESS ANIMAL HOSPITAL
AND INTERSTATE 29 R/W EASTERLY THEREOF, EXCEPT
LANDS PREVIOUSLY ANNEXED
The staff report from the Planning and Zoning Commission relating to the request from the Planning Department for approval of a resolution to annex to the city of Grand Forks, North Dakota, parts of deeded lands known as the Kindness Animal Hospital and Interstate 29 right-of-way easterly thereof, except those lands previously annexed (located at 4400 32nd Avenue South, with recommendation to table the request for the resolution of annexation until December 1, 2004.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 1, 2 AND 3,
BLOCK A OF REPLAT OF LOT 7, BLOCK 1, KANNOWSKI'S
FIRST ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Deacon's Development, LLP, for final approval (fast track) of the replat of Lots 1, 2, and 3, Block A of the replat of Lots 7, Block 1, Kannowski's First Addition to the city of Grand Forks, ND (located at 5500, 5526 and 5550 Pinehurst Drive), with recommendation to give final approval to the replat.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
AUTHORIZE ESTABLISHING COMMITTEE TO STUDY
REZONING IN UND AREA, WITH REPORT TO BE
COMPLETED FOR DECEMBER 1, 2004 PLANNING AND
ZONING COMMISSION MEETING
The staff report from the Planning and Zoning Commission relating to request from the Planning Department for preliminary approval of an ordinance to amend the zoning map to exclude from the R-2 (One and Two Family Residence) District and to include within the R-1 (Single Family Residence) District Lots 21 to 40, Block 2, Block 3 and Block 4, Kelsey's 3rd Addition; Blocks 1 through 18, excluding Lots 6 to 11, Block 12, and Lots C and D of a Replat of Lot 14 and Lots 23 to 29, Block 17, Swangler's Subdivision; Lots 1 to 9, University Park Place Addition; Lots 13 to 24, Block 17, Westacott's Subdivision; and Blocks 1 and 2, Westwood Subdivision; with recommendation that a committee be established by the city council consisting of Council Member Hamerlik, representing the ward in which the neighborhood is located, Council Members Kerian and Kreun, city council representatives on the Planning and Zoning Commission, and the Planning and Zoning Commission's Land Use Sub-committee members (Dr. Robert Kweit, Chair, John Drees, Paula Lee, Gary Malm and Sheryl Smith) meet with residents and property owners in the neighborhood to discuss and resolve the issues that led to submission of the petition.
Council Member Hamerlik stated that the recommended action by Planning and Zoning was to establish a committee and that committee would meet with property owners and residents and come to some resolution, and after the hearing that Planning and Zoning held at which many different sides were presented, and would move that the mayor appoint a 5-person committee and the appropriate city staff to study and make a recommendation to Planning and Zoning and to the city council relative to the rezoning in the UND area; the report should be complete for the December 1, 2004 Planning and Zoning meeting which the agenda is distributed about November 24, 2004; the city staff shall be non-voting and it is suggested that the 5 members be from the list in the motion from Planning and Zoning and that the committee include citizens meeting(s). Council Member Christensen seconded the motion.
Christina Sambor, 2604 9th Avenue South, Student Body Vice President at UND, asked that UND students be included in this discussion in the committee process, that they are interested in being a part of the process and working together to find a good solution and that the students are informed and made aware of the discussion that is going on.
Council Member Kreun stated he would like to amend the motion to increase the membership from 5 to 8 including the 5 members from this group recommended; and 3 additional members including a resident property owner from the area, an owner of rental property in the area, and a representative from the Student Senate appointed by the President of the Student Body and that these additional members would have ability to vote. Council Member Gershman seconded the motion.
Council Member Kreun stated that this committee will make a recommendation to the Planning and Zoning Commission, and that the Planning and Zoning Commission will hear the issue and make a recommendation to the city council.
Council Members Hamerlik and Christensen accepted that as a friendly amendment to their motion.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
Council Member Christensen asked that the council consider as part of a resolution directed to this committee. by the city attorney, a memorandum of law as far as the authority that we have rezoning from R-2 to R-1 so that everybody understands what the rules of law are that pertain to what they are trying to accomplish and what the responsibility is for the city council to rezone from R-2 to R-1, and that Mr. Swanson have an opportunity to review the attachment to an e-mail that one of the residents e-mailed Council Member Brooks (an ordinance from Provo, Utah) and would like the city attorney's recommendations, pro and con, if a zoning regulation could be utilized as a compromise to the situation, and moved that as a motion.
Mr. Swanson stated he has not been consulted to this point on the issue but very briefly this evening, and that he intends to provide the committee with information, that he has some concern given a few other items that are pending, whether he can meet the timeline that has been imposed by this council but will provide the committee with as much guidance as he can, that there are some resources out there that may provide us with some information and intends to do that.
Council Member Christensen withdrew his motion.
Council Member Hamerlik stated that Mr. Krause who supplied the information relative to Provo, Utah and in reading it, it is close to our situation and Mr. Potter and staff have that information and will be readily available and is quite complete.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN R-4 (MULTIPLE FAMILY HIGH DENSITY)
DISTRICT THE WEST 5 FEET OF LOT 12, ALL OF LOTS 14,
16 AND 18, BLOCK C, BUDGE & ESHELMAN'S 2ND ADDITION
The staff report from the Planning and Zoning Commission relating to request from Michael Benson on behalf of Richard Novak and Raymond Gordon for preliminary approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the R-4 (Multiple Family High Density) District, the west 5 feet of Lot 12, and all of Lots 14, 16 and 18, Block C, Budge & Eshelman's 2nd Addition (located at 1215 and 1217 6th Avenue North), with recommendation to give preliminary approval to the ordinance and set a public hearing date for November 15, 2004.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the R-4 (Multiple Family High Density) District, the west five (5) feet of Lot 12 and all of Lots 14, 16 and 18, Block C, Budge and Eshelman's 2nd Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE SETTLEMENT OF CASE RE. FLOOD
PROTECTION PROJECT
The staff report from the assistant city attorney relating to Grand Forks Flood Protection Project, City of Grand Forks v. John A. Campbell, Irene A. Campbell, Ardell L. Korynta and Ina Jane Korynta, with recommendation to approve settlement of the case captioned City of Grand Forks v. John A. Campbell, Irene A. Campbell, Ardell L. Korynta and Ina Jane Korynta for the total sum of $119,500.00.
It was moved by Council Member Gershman and seconded by Council Member Brooks 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.
DONATE SURPLUS FIRE TRUCK TO MAYVILLE FIRE
DEPARTMENT
The staff report from Mayor Brown relating to surplus fire truck to Mayville Fire Department, with recommendation to adopt resolution to donate surplus Grand Forks fire truck to Mayville Fire Department.
It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be approved. Carried 7 votes affirmative.
RECONSIDER MATTER OF CDBG FUNDING, UNDER-
ESTIMATION OF AMOUNT OF PAYBACK AND IN
DESIGNATING MONIES TO NON-PROFITS
Council Member Kreun stated that two weeks ago they voted on program monies for CDBG funds and that there might have been an under-estimation on amount of payback and in designating these monies to the non-profits, and asked that they reconsider the potential under-estimated amount of those programmed income amounts and table this for two weeks to determine a formula so that it would be fair at that point in time. Council Member Gershman seconded the motion for reconsideration of council action taken on October 4, 2004.
Council Member Christensen stated that the question has come up as to whether we should have some of the excess monies available for city projects, and there is a question of whether we should have some additional monies available for special assessments in LMI (low to moderate income) areas that could be funded with CDBG funds; that when this matter was brought to their attention after the last meeting he spoke with Mr. Kreun and with Mr. Hamerlik and called Ms. Burger before the meeting and she was supportive of this resolution and has no problems on behalf of the non-profits, and to put it on the council agenda for two weeks out. Council Member Kreun stated that the entitlement monies are not being discussed, but only the under-estimated portion of repayment of the program monies.
Council Member Glassheim stated he hoped they would not reconsider this and that at last meeting that although they took $425,000 for new projects from the potential monies available, that the extra monies that might come in was to be returned to the people we have been supporting for 30 years with this money and seemed like a nice compromise and discouraging to hear that we are going back again to take this money. He stated it seems like the non-profits are extremely important for the vitality and life of our city and are always functioning on the edge of things, esp. for capital projects, and have to raise operating money as well as get competitive federal and state grants and seems that they should leave these monies that may come in to the Bricks and Mortar program for the non-profits which contribute some $30+ million worth of economic activity and much is brought from outside monies, and much of which is run by volunteer boards who give time for making this a better community. He stated there is no other place for them to get funding for Bricks and Mortar and considers it important to make it available to the non-profits, and having city projects compete with nonprofit proposals, let the city projects be presented to the Advisory Committee and if the Advisory Committee thinks they are better or help LMI they will recommend them but ear-marking them at council level before hearings, not the right way to proceed.
Council Member Kreun stated this is money that is not necessarily going to be there so not taking anything that they don't have, all of these are LMI projects and in the recommendation they will have in two weeks is that if there is $250,000 of excess or under-estimated funds that are returned, that Mr. Glassheim was asking for an extra $50,000 in that motion, and let's put in the first $100,000 and remainder of that would go to those other projects, and is still more than what you are asking for, and that is a suggestion they can put in there.
Mayor Brown called for the question of reconsideration and upon voice vote, the motion carried 5 votes affirmative, with Council Members Glassheim and Kerian voting against the motion.
Council Member Christensen moved to table this until the next council meeting, Council Member Kreun seconded the motion. Carried 7 votes affirmative.
INFORMATIONAL ITEM
The city auditor's statement of changes in cash balances as of September 30, 2004, was presented to the council for their information.
APPROVE BILL LISTING
Vendor payment listing 04-20, dated October 15, 2004, totaling $1,314,086.97. was presented and read.
It was moved by Council Member Kerian and seconded by Council Member Gershman that these bills 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 ordered paid.
APPROVE MINUTES OCTOBER 4, 2004
Typewritten copies of the minutes of the city council meeting held on Monday, October 4, 2004 were presented and read. It was moved by Council Member Christensen and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Christensen thanked the Planning and Zoning staff for the information regarding the process that we engage in the city regarding comparative analysis of the planning and zoning aspects of our planning and zoning vs. Bismarck, Minot and Fargo, and would like to continue to review this matter as it is in the finance committee and would set meeting at later time.
2) Council Member Kerian stated that there is an opening for the Convention and Visitors Bureau and that if someone is interested they could contact the mayor if interested in being on that board.
3) Council Member Gershman stated he had requested of staff a report on 32nd Avenue South and Columbia Road reconstruction, and that by the end of the month 32nd Avenue and Columbia Road should be open again.
He stated that it might be interesting to do a study to see the costs of the snow melt option compared to what we will spend this year with the new dump zone; that the snow melt machine costs about $400,000 but if really get comparative costs for transporting snow and having snow melt costs for year from now.
He stated that last year was record year for building permits and that we are ahead of last year, and would encourage people to drive around town to see what construction is going up and all of the construction on the north end of the city is exciting.
He reported that he lost 3 yard signs last night, and asked police chief if we have any surveillance cameras that could be put in strategic places in neighborhoods to catch some of these people, and very aggravating.
ADJOURN
It was moved by Council Member Brooks and seconded by Council Member Hamerlik that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
__________________________________
Michael R. Brown, Mayor