Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 7, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, February 7, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, Kreun - 6; absent: Council Member Brooks - 1.
Boy Scout Troop 13 led the city council in the pledge of allegiance to the flag, Bob Dusso, leader.
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. He also commented on various events during the past week and upcoming events:
He thanked Senator Conrad for bringing our community great news last Friday with the announcement of the $40 million for flood protection funding in 2006, that he, Senator Dorgan and Congressman Pomeroy have proven they are staunch allies and fighting for Grand Forks in completing the flood protection project.
That this past Saturday he had the pleasure of being invited to the local Eagle Scout banquet, that 3% of all scouts become eagles and shows we have great ambition and character in our young people. He thanked Police Chief Packett for his keynote address at the event and made us proud and demonstrates the caliber of people we have working with us in the city.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, stated that the $40 million will be instrumental in keeping the project on track and will see a rapid increase in construction and activities this fall when the 2006 monies start to become available and they are still on track to try get Phase IV which is our final phase bid in late spring or early summer. A short video was shown.
Melanie Parvey-Biby, greenway coordinator, stated they had another successful event in the greenway this past weekend - Greenway Ski Days was held Friday and Saturday in Lincoln Drive Park with over 500 participants in the two-day event. She stated last week they submitted a request to the ND Game & Fish Department for funding of the southend boat ramp and that we should have a response by the end of the week, and then they can consider requesting additional funds from the Grand Forks County Water Resource, Garrison Diversion Conservancy District and Park District asking them to become financial partners with the City. She noted there is a lot of construction in the flood protection project, one area is near the Lincoln Golf Course which has become very popular for sledding, contractors will soon be laying concrete mats in the detention pond which will create a hazardous area for this activity and encourage parents to be on watch for construction activity. She stated she will be taking some time off in March and April but council will be getting written updates as well as greenway activities in the video.
HOLD PUBLIC HEARING, DETERMINE PROTEST ON
RESOLUTION TO ANNEX PARTS OF DEEDED LANDS
KNOWN AS KINDNESS ANIMAL HOSPITAL AND I-29 R/W
EASTERLY THEREOF, EXCEPT THOSE LANDS PREVIOUSLY
ANNEXED; AND REFER BACK TO PLANNING AND ZONING
COMMISSION FOR FURTHER STUDY
The city auditor reported the proper notice had been placed in the official newspaper publishing the resolution of annexation passed on December 20, 2004 and that the City had provided the required mailed notice to the individual property owners relative to the annexation of all of deeded lands known as the Kindness Animal Hospital and Interstate 29 right of way easterly thereof, except those lands previously annexed, and that the notice called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
The city auditor reported that his office had received a petition from property owners of all lands 595 feet north of the south line of said Section 18, included in a tract of land conveyed to Richard R. and Diane M. Odegard by warranty deeded recorded as Document Number 451632 in the Grand Forks County Recorder's Office, not previously annexed, containing 239,753.97 square feet or 5.50 acres, which constitutes 100% of the total acreage of the territory proposed to be annexed.
Mr. Swanson, city attorney advised that since there is more than 25% protest the proper motion would then be to determine a sufficiency of protest, and then council has decision to make: 1) either terminate the proceedings on annexation as it has been brought before them, or 2) petition the attorney general's office to convene an annexation review commission. He stated that the matter before the council is to determine a sufficiency of protest and based upon the protest there is a sufficiency of protest.
Mayor Brown called for the public hearing.
Council Member Kreun stated they actually started 10-12 years ago and that the recommendation from Planning & Zoning was to annex the entire area with a vote of 9 to 4, that in the point system included in the staff report it does have the points to annex the whole piece of property into the city, that Dr. Odegard did not feel that was reasonable, that there is a considerable amount of money in tapping fees and increase in taxes, and that he, Council Member Kerian and Mr. Potter met with him and have an additional proposal from him and that Dr. Odegard wanted to bring another proposal to the council tonight.
Dennis Potter, city planner, stated that the conversations Council Member Kreun referred to involved segregating the original single 5.50 acre proposal into three parcels, the color-coded area shown on the map in pink would be annexed immediately under the proposal, the area in green within three years or upon the sale of the property, and the parcel shown in blue would be annexed upon sale of the property.
Council Member Kreun stated the three options: 1) follow through and annex the whole piece of property; 2) that when he, Council Member Kerian and Mr. Potter met with Dr. Odegard and this is his proposal, and 3) and Dr. Odegard called today and has another option.
Dr. Odegard stated that when they had that meeting, talked about some different alternatives and this was brought about because of the TSC annexation, this annexation started about 10 years ago, and then got dropped because of some other things - TSC was annexing a small portion of land and his property significantly more and increase in taxes and tapping fees - and this is proposal they came up with in that meeting and asked what would happen to related to taxes, and he received that info from Mr. Carsen Thursday afternoon, and currently taxes on whole 19 acres (property that goes farther north) is around $2,900/year and most of it is agricultural land - Parcel A which is 5.50 acres, those taxes would go up over $12,000, and most of that value is based on the land because of sales that have gone on around there; that the way his building sits on the property and if in different location, could have annexed only smaller portion of the property; and was to propose annexation of the land that was actually used for his business in order to cut down the tax volume, and that was the third proposal which would cut his land volume to an acre and a half. He stated his proposal was maybe annexing a smaller portion as he described, but was unable to attend the next meeting because he was ill and that is when this went through for annexation of the entire piece of property. He stated if that if his proposals would go back to Planning & Zoning and would be willing to work with them. He stated that looking from the taxation standpoint as much as special assessments spread out over longer period, and big thing is yearly taxes, and building itself was $163,800 and land value was $330,600, and whole thing is taken into account for figuring taxes and if way to keep taxes down, and if annex over period of 3 years could market property.
Mr. Swanson reported that if there is a protest of 25% or more of the territory, the City has choice and can do one of two things, forego the annexation and take no further action on it or they can move it forward to a two step process which first involves a mediation procedure which is set up by Century Code and then subsequent to that proceeding to an administrative hearing; there is a list of criteria that they are to consider and generally relate to the land to be annexed and the city that is seeking to annex them. Mr. Potter stated he has not compared our annexation criteria with that in the State Statute, believes it incorporates some but not all of it. Mr. Swanson stated the criteria that the City uses in grading is more specific and more detailed than the criteria established by State Statute, that we are measuring by distances to utilities, to existing corporate limits, employees where they live or work, police or fire protection, and in the Statute find more test of relationships between the land, need for the community to have the land, need for the community and the interaction between those. Mr. Swanson stated he has handled 3 contested annexation proceedings, he finds that our scoring analysis to be very good and helpful, but that there is an element of politics that enters into the final decision of annexation, but is comfortable in moving forward to a contested annexation proceeding using the system we have had in place, the scoring system has its origins in the late 1970's or early 1980's and have used it in several non-contested cases and 3 contested annexations.
Mayor Brown closed the public hearing.
It was moved by Council Member Gershman and seconded by Council Member Christensen that a finding of sufficiency of protest to the annexation be entered. Carried 6 votes affirmative.
Mr. Swanson stated by filing a 100% protest on the annexation, the only options the City would have available would be either move it forward to the mediation or send it back for further review with Planning & Zoning, it is not an appeal by the property owner, it is in effect an appeal from the protest by the city council and the first level of appeal has to go to the mediation board, the mediation board is a committee appointed by the Governor including a representative of the Governor, a representative of the petitioner which would be the City, and a representative of either the involved county, township or other party having an interest in the annexation, typically a member of the township.
Mr. Swanson stated by going to Planning & Zoning to consider the other options, could you reach common ground in which the property owners would not protest that extent of annexation, and if not reach that common ground, you still have available to you the ability to move it to mediation.
Council Member Christensen moved that we refer this back to the Planning & Zoning Commission for further discussion with possible solution by March 21. Council Member Gershman seconded the motion. Carried 6 votes affirmative.
APPROVE APPOINTMENTS TO EVENTS CENTER
COMMISSION AND GATEWAY DRIVE COMMITTEE
The staff report from Mayor Brown relating to the appointment to the Grand Forks Events Center Commission and Gateway Drive Committee, with recommendation to approve the reappointment of Randy Newman as a public at large representative, Brian Conneran as a hotel, restaurant or liquor industry representative and Gerald Hamerlik, city council representative, to the Grand Forks Events Center Commission and to approve the appointment of Tim Pribula to the Gateway Drive Committee.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE CONCEPT REPORT FOR PROJECT NO. 5672
The staff report from the engineering department relating to the project concept report for Project No. 5672, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to approve the project concept report for Project No. 5672.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE CONCEPT REPORT FOR PROJECT NO. 5673
The staff report from the engineering department relating to the project concept report for Project No. 5673, mill and overlay North 20th Street (University Avenue to Gateway Drive), with recommendation to approve project concept report for Project No. 5673, mill and overlay North 20th Street (University Avenue to Gateway Drive) based on the full width mill and overlay alternative.
Council Member Hamerlik stated that 80% of this project federally funded, and 20% City funded, with no special assessments to the property owners.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BUDGET AMENDMENT, POLICE DEPARTMENT
The staff report from the police department relating to budget amendment in the amount of $66,650.00, technical correction to decrease budget as this grant was budgeted in 2004 and should not be included in the 2005 budget. It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
SUSPEND AGENDA AND MOVE ITEM RELATING TO
PROJECT SCOPE AND ENGINEERING SERVICES
AMENDMENT FOR PROJECT NO. 4648.8, TO THE END
OF THE AGENDA
Council Member Kreun moved to suspend the agenda and move the item relating to project scope and engineering services amendment for Project No. 4648.8, water system security improvements, to the end of the agenda, seconded by Council Member Kerian. Carried 6 votes affirmative.
APPROVE PROPOSED ORDINANCE AMENDMENT
RELATING TO APPROVAL PROCESS OF MAJOR
SUBDIVISIONS
The staff report from the Planning Department relating to the matter of the discussion of a proposed ordinance amendment relating to the approval process of major subdivision, with recommendation to discuss the proposed ordinance amendment relating to the approval process of major subdivisions and direct staff to submit a preliminary ordinance amendment to the Planning and Zoning Commission.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
DECLARE TRANSIT PROPERTY AS SURPLUS
The staff report from the Cities Area Transit relating to declaring property as surplus (vehicle and parts), with recommendation to approve declaring listed property as surplus.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BUDGET AMENDMENT, 911 DISPATCH
CENTER
The staff report from the 911 director relating to budget amendment for the Grand Forks 911 Dispatch Center with recommendation for approval of the budget amendment in the sum of $59,458 for a Department of Homeland Security Supplemental Grant to install a City Watch Reverse 911 System in Grand Forks County.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE 2005 SPECIAL EVENTS PROGRAM
The staff report from Urban Development Office relating to 2005 Special Events Program, with recommendation to approve Special Events Committee funding recommendations for 2005 program as follows: Greater Grand Forks Sertoma, $18,000; GF/EGF Chamber of Commerce Military Affairs, $0*, Special Events Committee supports event and recommends that city council provide financial assistance out of another fund; East Grand Forks Chamber of Commerce, $2,500; Greater Grand Forks Soccer Club, $5,500; Friends of First Night Greater Grand Forks, $10,000; Town Square Farmer's Market, $9,000; Potato Bowl USA, $3,000; Special Olympics North Dakota, $5,000; Grand Forks blues/Grand Forks Supras Tournament, $5,000; Marketplace for Kids, $4,000; Downtown Leadership Group, $18,000; North
Dakota Ballet Company, $2,500;Ralph Engelstad Arena and the Grand Forks Curling Club, $5,000; Rod Benders, $2,500; University of North Dakota Indian Association (UNDIA), $7,500; for a total of $100,000.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL REPLAT OF VILLAGE RESUBDIVISION
NO. 4
The staff report from the Planning and Zoning Commission relating to the request from Advanced Engineering on behalf of Turning point, LLC for final approval of a replat of Village Resubdivision No. 4, being a replat of Lots 3 through 11, and Lots 15 and 16, Block B of the Replat of Block 2, Village Resubdivision No. 2, and Lot G, a replat of Lot A, Block B of the replat of Lot 17 and Lot 20, Block B of the replat of Block 2, Village Resubdivision No. 2 to the city of Grand Forks, North Dakota (located west of North 42nd Street between 5th Avenue North and University Avenue, also to include a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907, subsection (2), right of way, paragraph (L), as it relates to access to arterial streets, with recommendation for final approval to the request.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approve. Carried 6 votes affirmative.
TABLE MATTER OF FEE INCREASE FOR SENIOR RIDER
SERVICE UNTIL APRIL, 2005; AND APPROVE EXTENSION
OF TRANSPORTATION SERVICE CONTRACT WITH EAST
GRAND FORKS
The staff report from Cities Area Transit relating to fare increase for senior rider service, with recommendation for approval of senior rider service fare increase from $1.00 to $2.00 per ride, effective Monday, February 28, 2005.
The staff report from Cities Area Transit relating to extension of Transportation Service contract with East Grand Forks, with recommendation to approve extension of service contract.
Council Member Christensen stated they have a memo from Mr. Feland regarding these issues, senior rider service and other issues, that staff would like to review and come back with a more global recommendation sometime in April so we get a better sense of public transportation, the delivery thereof and how that would be integrated into our 2006 budgeting and noted that the extension of the service contract was for 2005 and could approve that.
Mr. Feland reported that the item extension of transportation service contract with East Grand Forks is the last year of the 5-year contract and redesigning a contract forward in the 2006 and beyond, and as they have gone through this transportation development plan process, they are looking at other ways and that the director of the Senior Citizens Association is there may be a fare increase required, but on the other side is a service issue - looking at what kind of service levels they can provide if go to an outside provider for dial-a-ride and for senior rider, or two separate contracts or stay with what we have. He stated he thinks it will be financial benefit on dial-a-ride to untie themselves from the cab rate they currently pay, and those were things they were going to discuss in the proposals they were going to send out for bids and receive back in April, and report back to the council to show what options they may have available.
It was noted that in the letter from Colette Iseminger, Greater Grand Forks Senior Citizens Assn., Inc. they have a scholarship program in place to help seniors with low income, but that fund needs to be replenished.
Council Member Kreun stated he felt they should move this forward to combine the two systems, one of their concerns is that they do not have enough vehicles and they need Saturday and longer evening rides and combining the two systems does get us to that point and be more efficient and provide better service. He stated his concern about the rate is when they do this in the dial-a-ride situation for the disabled it is $3.00 a ride and if can level that out in the 2006 budget and get rates better if combine the two systems.
Mr. Feland stated that he plans to come back in April and also mentioned in his memo was better outlook on federal funding with new budget, and also on state funding, that they did pass an increase on registration fees which should go to public transit, and may receive more money in state funding, and include fares to help support the system.
It was moved by Council Member Kerian and seconded by Council Member Glassheim to table this matter until April. Carried 6 votes affirmative.
It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the extension of the transportation service contract with East Grand Forks. Carried 6 votes affirmative.
INFORMATIONAL ITEM
The city auditor's portfolio management/summary for the period ending December 31, 2004, was presented to the council for their information.
APPROVE BILL LISTING
Vendor Payment Listing No. 05-03, dated February 4, 2005, totaling $2,790,182.60, and Estimate Summary in the amount of $286,265.73, were presented and read.
It was moved by Council Kerian and seconded by Council Member Gershman 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 Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES JANUARY 18, 2005
Typewritten copies of the minutes of the city council meeting held on Tuesday, January 18, 2005 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Hamerlik that the minutes be approved. Carried 6 votes affirmative.
MAYOR AND COUNCIL COMMENTS
Council Member Gershman stated he had attended the Grand Forks police department awards ceremony where they gave awards to various officers and recognized people who have had 5 to 30 years service with the city police department and also recognized 12 citizens that did some heroic things and saved lives and was great ceremony.
RECESS INTO EXECUTIVE SESSION.
Council Member Kreun moved to go into executive session pursuant to NDCC 44-04.24, 44-04.25 and 44-04.26 to consider project scope and engineering services amendment for Project No. 4648.8, Water System Security Improvements. Council Member Gershman seconded the motion. Carried 6 votes affirmative.
COUNCIL RECONVENES FOLLOWING EXECUTIVE
SESSION
The city council reconvened after the executive session with all members present.
CONSIDER PROJECT SCOPE AND ENGINEERING
SERVICES AMENDMENT FOR PROJECT NO. 4648.8,
WATER SYSTEM SECURITY IMPROVEMENTS
Council Member Gershman moved to adopt Scenario B (original project as presented at the January 24, 2005 COW meeting, less certain items at an estimated cost of $2,337,808, seconded by Council Member Kerian.
Council Member Christensen moved to amend the motion to eliminate some fencing items and to include some additional features. Council Member Glassheim seconded the motion. Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Glassheim, Christensen - 2; voting "nay": Council Members Hamerlik, Gershman, Kerian, Kreun - 4. Mayor Brown declared the amendment failed.
Upon call for the question on the original motion and upon roll call vote, the following voted "aye": Council Members Hamerlik, Gershman, Kerian, Kreun - 4; voting "nay": Council Members Glassheim, Christensen - 2. Mayor Brown declared the motion carried.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
_________________________________
Michael R. Brown, Mayor